```

[House Report 109-12]
[From the U.S. Government Publishing Office]

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-12
_______________________________________________________________________

                                     

             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                               __________

                              R E P O R T

                                 of the

             COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE

                         [To accompany H.R. 3]

 March 7, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

109th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     109-12

======================================================================

 
             TRANSPORTATION EQUITY ACT: A LEGACY FOR USERS

                                _______
                                

 March 7, 2005.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Young of Alaska, from the Committee on Transportation and 
                Infrastructure, submitted the following

                              R E P O R T

                         [To accompany H.R. 3]

  The Committee on Transportation and Infrastructure, to whom 
was referred the bill (H.R. 3) to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill as amended do pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE, TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Transportation 
Equity Act: A Legacy for Users''.
  (b) Secretary Defined.--In this Act, the term ``Secretary'' means the 
Secretary of Transportation.
  (c) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title, table of contents.

                     TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorization of Programs

Sec. 1101. Authorizations of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Minimum guarantee.
Sec. 1105. Project approval and oversight.
Sec. 1106. Use of excess funds.
Sec. 1107. Temporary traffic control devices.
Sec. 1108. Revenue aligned budget authority.
Sec. 1109. Emergency relief.
Sec. 1110. Surface transportation program.
Sec. 1111. Highway use tax evasion projects.
Sec. 1112. Appalachian development highway system.
Sec. 1113. Construction of ferry boats and ferry terminal facilities.
Sec. 1114. Interstate maintenance discretionary.
Sec. 1115. Highway bridge.
Sec. 1116. Transportation and community and system preservation 
program.
Sec. 1117. Deployment of magnetic levitation transportation projects.
Sec. 1118. Recreational trails.
Sec. 1119. Federal lands highways.
Sec. 1120. Conservation measures.
Sec. 1121. Pedestrian and cyclist equity.
Sec. 1122. National commissions.
Sec. 1123. Adjustments for the Surface Transportation Extension Act of 
2004, Part V.
Sec. 1124. Roadway safety.
Sec. 1125. Equity requirement.

                     Subtitle B--Congestion Relief

Sec. 1201. Motor vehicle congestion relief.
Sec. 1202. Transportation systems management and operations.
Sec. 1203. Real-time system management information program.
Sec. 1204. Expedited national intelligent transportation systems 
deployment program.
Sec. 1205. Intelligent transportation systems deployment.
Sec. 1206. Environmental review of activities that support deployment 
of intelligent transportation systems.
Sec. 1207. State assumption of responsibilities for certain programs 
and projects.
Sec. 1208. HOV facilities.
Sec. 1209. Congestion pricing pilot program.
Sec. 1210. Congestion mitigation and air quality improvement program 
eligibility.
Sec. 1211. Special rules for State assumption of responsibilities.
Sec. 1212. Opening of Interstate ramps.

                  Subtitle C--Mobility and Efficiency

Sec. 1301. National corridor infrastructure improvement program.
Sec. 1302. Coordinated border infrastructure program.
Sec. 1303. Freight intermodal connectors.
Sec. 1304. Projects of national and regional significance.
Sec. 1305. Dedicated truck lanes.
Sec. 1306. Truck parking facilities.

                       Subtitle D--Highway Safety

Sec. 1401. Highway safety improvement program.
Sec. 1402. Worker injury prevention and free flow of vehicular traffic.
Sec. 1403. High risk rural road safety improvement program.
Sec. 1404. Transfers of apportionments to safety programs.
Sec. 1405. Safety incentive grants for use of seat belts.
Sec. 1406. Safety incentives to prevent operation of motor vehicles by 
intoxicated persons.
Sec. 1407. Repeat offenders for driving while intoxicated.
Sec. 1408. Repair or replacement of highway features on National 
Highway System.

           Subtitle E--Construction and Contract Efficiencies

Sec. 1501. Design-build.
Sec. 1502. Warranty highway construction project pilot program.
Sec. 1503. Private investment study.
Sec. 1504. Highways for LIFE pilot program.

                          Subtitle F--Finance

Sec. 1601. Transportation Infrastructure Finance and Innovation Act.
Sec. 1602. State infrastructure banks.
Sec. 1603. Interstate System reconstruction and rehabilitation toll 
pilot program.
Sec. 1604. Interstate System construction toll pilot program.
Sec. 1605. Special rules relating to State infrastructure bank program.

                   Subtitle G--High Priority Projects

Sec. 1701. High priority projects program.
Sec. 1702. Project authorizations.

                  Subtitle H--Miscellaneous Provisions

Sec. 1801. Budget justification.
Sec. 1802. Motorist information.
Sec. 1803. Motorist information concerning full-service restaurants.
Sec. 1804. High priority corridors on the National Highway System.
Sec. 1805. Additions to Appalachian region.
Sec. 1806. Transportation assets and needs of Delta region.
Sec. 1807. Toll facilities workplace safety study.
Sec. 1808. Pavement marking systems demonstration projects.
Sec. 1809. Work zone safety grants.
Sec. 1810. Grant program to prohibit racial profiling.
Sec. 1811. America's Byways Resource Center.
Sec. 1812. Technical adjustment.
Sec. 1813. Road user charge evaluation pilot project.
Sec. 1814. Thomas P. ``Tip'' O'Neill, Jr. Tunnel.
Sec. 1815. Conforming amendment for transportation planning sections.
Sec. 1816. Distribution of metropolitan planning funds within States.
Sec. 1817. Treatment of off ramp.
Sec. 1818. Loan forgiveness.
Sec. 1819. Lead agency designation.
Sec. 1820. Use of debris from demolished bridges and overpasses.
Sec. 1821. Hubzone program.
Sec. 1822. Technical amendments to TEA 21 projects.
Sec. 1823. National Work Zone Safety Information Clearinghouse.
Sec. 1824. Transportation conformity.
Sec. 1825. Eligibility to participate in western Alaska community 
development quota program.
Sec. 1826. Metropolitan regional freight and passenger transportation 
study.
Sec. 1827. Intermodal transportation facility expansion.
Sec. 1828. Advanced truck stop electrification system.
Sec. 1829. Technology.
Sec. 1830. Extension of public transit vehicle exemption from axle 
weight restrictions.
Sec. 1831. Motorcyclist Advisory Council.
Sec. 1832. Sharing of monetary recoveries.
Sec. 1833. Eligibility under CMAQ.
Sec. 1834. Sense of Congress regarding Buy America.
Sec. 1835. Community enhancement study.
Sec. 1836. Transportation and local workforce investment.
Sec. 1837. Special rule for fiscal year 2004.

                        TITLE II--HIGHWAY SAFETY

Sec. 2001. Authorization of appropriations.
Sec. 2002. Occupant protection incentive grants.
Sec. 2003. Alcohol-impaired driving countermeasures.
Sec. 2004. State traffic safety information system improvements.
Sec. 2005. High visibility enforcement program.
Sec. 2006. Motorcycle crash causation study.
Sec. 2007. Child safety and child booster seat incentive grants.
Sec. 2008. Motorcyclist safety.
Sec. 2009. Driver fatigue.
Sec. 2010. Authorization of appropriations for highway safety research 
and development.
Sec. 2011. Safety data.
Sec. 2012. Driver performance study.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 3001. Short title; amendments to title 49, United States Code.
Sec. 3002. Policies, findings, and purposes.
Sec. 3003. Definitions.
Sec. 3004. Metropolitan planning.
Sec. 3005. Statewide planning.
Sec. 3006. Planning programs.
Sec. 3007. Private enterprise participation.
Sec. 3008. Urbanized area formula grants.
Sec. 3009. Clean fuels formula grant program.
Sec. 3010. Capital investment grants.
Sec. 3011. Formula grants for special needs of elderly individuals and 
individuals with disabilities.
Sec. 3012. Formula grants for other than urbanized areas.
Sec. 3013. Research, development, demonstration, and deployment 
projects.
Sec. 3014. Cooperative research program.
Sec. 3015. National research and technology programs.
Sec. 3016. National Transit Institute.
Sec. 3017. Job access and reverse commute formula grants.
Sec. 3018. New Freedom program.
Sec. 3019. Bus testing facility.
Sec. 3020. Bicycle facilities.
Sec. 3021. Transit in the parks pilot program.
Sec. 3022. Human resource programs.
Sec. 3023. General provisions on assistance.
Sec. 3024. Special provisions for capital projects.
Sec. 3025. Contract requirements.
Sec. 3026. Project management oversight and review.
Sec. 3027. Investigations of safety and hazards.
Sec. 3028. State safety oversight.
Sec. 3029. Controlled substances and alcohol misuse testing.
Sec. 3030. Employee protective arrangements.
Sec. 3031. Administrative procedures.
Sec. 3032. National transit database.
Sec. 3033. Apportionments based on fixed guideway factors.
Sec. 3034. Authorizations.
Sec. 3035. Over-the-road bus accessibility program.
Sec. 3036. Updated terminology.
Sec. 3037. Project authorizations for new fixed guideway capital 
projects.
Sec. 3038. Projects for bus and bus-related facilities.
Sec. 3039. National fuel cell bus technology development program.
Sec. 3040. High-intensity small-urbanized area formula grant program.
Sec. 3041. Allocations for national research and technology programs.
Sec. 3042. Relationship to other laws.
Sec. 3043. Cooperative procurement.
Sec. 3044. Obligation ceiling.
Sec. 3045. Adjustments for the Surface Transportation Extension Act of 
2004, Part V.
Sec. 3046. Special rule for fiscal year 2004.

           TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY

              Subtitle A--Commercial Motor Vehicle Safety

Sec. 4101. Authorization of appropriations.
Sec. 4102. Motor carrier safety grants.
Sec. 4103. Border enforcement grants.
Sec. 4104. Commercial driver's license improvements.
Sec. 4105. Hobbs Act.
Sec. 4106. Penalty for denial of access to records.
Sec. 4107. Medical Review Board.
Sec. 4108. Increased penalties for out-of-service violations and false 
records.
Sec. 4109. Commercial vehicle information systems and networks 
deployment.
Sec. 4110. Safety fitness.
Sec. 4111. Pattern of safety violations by motor carrier management.
Sec. 4112. Motor carrier research and technology program.
Sec. 4113. International cooperation.
Sec. 4114. Performance and registration information System management.
Sec. 4115. Data quality improvement.
Sec. 4116. Driveaway saddlemount vehicles.
Sec. 4117. Completion of uniform carrier registration.
Sec. 4118. Registration of motor carriers and freight forwarders.
Sec. 4119. Deposit of certain civil penalties into Highway Trust Fund.
Sec. 4120. Outreach and education.
Sec. 4121. Insulin treated diabetes mellitus.
Sec. 4122. Grant program for commercial motor vehicle operators.
Sec. 4123. Commercial motor vehicle safety advisory committee.
Sec. 4124. Safety data improvement program.
Sec. 4125. Commercial driver's license information System 
modernization.
Sec. 4126. Maximum hours of service for operators of ground water well 
drilling rigs.
Sec. 4127. Safety performance history screening.
Sec. 4128. Intermodal chassis roadability rule-making.
Sec. 4129. Substance abuse professionals.
Sec. 4130. Interstate van operations.
Sec. 4131. Hours of service for operators of utility service vehicles.
Sec. 4132. Technical corrections.
Sec. 4133. Intrastate and foreign operations of interstate motor 
carriers.
Sec. 4134. Operators of vehicles transporting agricultural commodities 
and farm supplies.
Sec. 4135. Hours of service rules for operators providing 
transportation to movie production sites.
Sec. 4136. Special rule for fiscal year 2004.

               Subtitle B--Household Goods Transportation

Sec. 4201. Federal-State relations relating to transportation of 
household goods.
Sec. 4202. Arbitration requirements.
Sec. 4203. Civil Penalties relating to household goods brokers and 
unauthorized transportation.
Sec. 4204. Civil penalty for holding household goods hostage.
Sec. 4205. Working group for development of practices and procedures to 
enhance Federal-State relations.
Sec. 4206. Consumer handbook on DOT web site.
Sec. 4207. Release of household goods broker information.
Sec. 4208. Consumer complaint information.
Sec. 4209. Insurance regulations.
Sec. 4210. Estimating requirements.
Sec. 4211. Application of State consumer protection laws to certain 
household goods carriers.
Sec. 4212. Applicability to household goods motor carriers.
Sec. 4213. Violations of Out-of-Service Orders.
Sec. 4214. Criminal penalty for holding goods hostage.

             TITLE V--TRANSPORTATION RESEARCH AND EDUCATION

                          Subtitle A--Funding

Sec. 5101. Authorization of appropriations.
Sec. 5102. Obligation ceiling.
Sec. 5103. Findings.

            Subtitle B--Research, Technology, and Education

Sec. 5201. Research, technology, and education.
Sec. 5202. Long-term bridge performance program; innovative bridge 
research and deployment program.
Sec. 5203. Surface transportation environment and planning cooperative 
research program.
Sec. 5204. Technology deployment.
Sec. 5205. Training and education.
Sec. 5206. Freight planning capacity building.
Sec. 5207. Advanced travel forecasting procedures program.
Sec. 5208. National cooperative freight transportation research 
program.
Sec. 5209. Future strategic highway research program.
Sec. 5210. Transportation safety information management system project.
Sec. 5211. Surface transportation congestion relief solutions research 
initiative.
Sec. 5212. Motor carrier efficiency study.
Sec. 5213. Transportation research and development strategic planning.
Sec. 5214. Limitation on remedies for future strategic highway research 
program.
Sec. 5215. Center for Transportation Advancement and Regional 
Development.

      Subtitle C--University Transportation Research; Scholarship 
                             Opportunities

Sec. 5301. National university transportation centers.
Sec. 5302. University transportation research.
Sec. 5303. Transportation scholarship opportunities program.

                   Subtitle D--Advanced Technologies

Sec. 5401. Advanced heavy-duty vehicle technologies research program.
Sec. 5402. Commercial remote sensing products and spatial information 
technologies.

              Subtitle E--Transportation Data and Analysis

Sec. 5501. Bureau of Transportation Statistics.
Sec. 5502. Reports of Bureau of Transportation Statistics.

        Subtitle F--Intelligent Transportation Systems Research

Sec. 5601. Short title.
Sec. 5602. Goals and purposes.
Sec. 5603. General authorities and requirements.
Sec. 5604. National architecture and Standards.
Sec. 5605. Research and development.
Sec. 5606. Infrastructure development.
Sec. 5607. Road weather research and development program.
Sec. 5608. Definitions.
Sec. 5609. Rural interstate corridor communications study.
Sec. 5610. Centers for surface transportation excellence.
Sec. 5611. Repeal.
Sec. 5612. Special rule for fiscal year 2004.

         TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY

Sec. 6001. Transportation planning.
Sec. 6002. Efficient environmental reviews for project decisionmaking.
Sec. 6003. Policy on historic sites.
Sec. 6004. Exemption of Interstate System.
Sec. 6005. Interstate compacts.
Sec. 6006. Development of transportation plan.
Sec. 6007. Interstate agreements.
Sec. 6008. Regulations relating to transportation planning.
Sec. 6009. Special rules relating to project development procedures.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Amendment of title 49, United States Code.
Sec. 7002. Findings and purpose.
Sec. 7003. Definitions.
Sec. 7004. General regulatory authority.
Sec. 7005. Chemical or biological materials.
Sec. 7006. Representation and tampering.
Sec. 7007. Technical amendments.
Sec. 7008. Training of certain employees.
Sec. 7009. Registration.
Sec. 7010. Providing shipping papers.
Sec. 7011. Rail tank cars.
Sec. 7012. Unsatisfactory safety rating.
Sec. 7013. Training curriculum for the public sector.
Sec. 7014. Planning and training grants, monitoring, and review.
Sec. 7015. Special permits and exclusions.
Sec. 7016. Uniform forms and Procedures.
Sec. 7017. International uniformity of standards and requirements.
Sec. 7018. Administrative.
Sec. 7019. Enforcement.
Sec. 7020. Civil penalty.
Sec. 7021. Criminal penalty.
Sec. 7022. Preemption.
Sec. 7023. Relationship to other laws.
Sec. 7024. Judicial review.
Sec. 7025. Authorization of appropriations.
Sec. 7026. Determining amount of undeclared shipments of hazardous 
materials entering the United States.
Sec. 7027. Conforming amendments.

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

Sec. 8001. Policy.

                     TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorization of Programs

SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
from the Highway Trust Fund (other than the Mass Transit Account):
          (1) Interstate maintenance program.--For the Interstate 
        maintenance program under section 119 of title 23, United 
        States Code, $4,323,076,000 for fiscal year 2004, 
        $4,431,153,000 for fiscal year 2005, $4,541,932,000 for fiscal 
        year, 2006, $4,655,480,000 for fiscal year 2007, $4,771,867,000 
        for fiscal year 2008, and $4,891,164,000 for fiscal year 2009.
          (2) National highway system.--For the National Highway System 
        under section 103 of that title, $5,187,691,000 for fiscal year 
        2004, $5,317,383,000 for fiscal year 2005, $5,450,318,000 for 
        fiscal year 2006, $5,586,576,000 for fiscal year 2007, 
        $5,726,240,000 for fiscal year 2008, and $5,869,396,000 for 
        fiscal year 2009.
          (3) Bridge program.--For the bridge program under section 144 
        of that title, $3,709,440,000 for fiscal year 2004, 
        $3,802,176,000 for fiscal year 2005, $3,897,231,000 for fiscal 
        year 2006, $3,994,661,000 for fiscal year 2007, $4,094,528,000 
        for fiscal year 2008, and $4,196,891,000 for fiscal year 2009.
          (4) Highway safety improvement program.--For the highway 
        safety improvement program under sections 130 and 152 of that 
        title, $630,000,000 forfiscal year 2005, $645,000,000 for 
fiscal year 2006, $660,000,000 for fiscal year 2007, $680,000,000 for 
fiscal year 2008, and $695,000,000 for fiscal year 2009. Of such funds 
\1/3\ per fiscal year shall be available to carry out section 130 and 
\2/3\ shall be available to carry out section 152.
          (5) Surface transportation program.--For the surface 
        transportation program under section 133 of that title, 
        $6,052,306,000 for fiscal year 2004, $6,203,614,000 for fiscal 
        year 2005, $6,358,704,000 for fiscal year 2006, $6,517,672,000 
        for fiscal year 2007, $6,680,614,000 for fiscal year 2008, and 
        $6,847,629,000 for fiscal year 2009.
          (6) Congestion mitigation and air quality improvement 
        program.--For the congestion mitigation and air quality 
        improvement program under section 149 of that title, 
        $1,469,846,000 for fiscal year 2004, $1,506,592,000 for fiscal 
        year 2005, $1,544,257,000 for fiscal year 2006, $1,582,863,000 
        for fiscal year 2007, $1,622,435,000 for fiscal year 2008, and 
        $1,662,996,000 for fiscal year 2009.
          (7) Appalachian development highway system program.--For the 
        Appalachian development highway system program under section 
        14501 of title 40, United States Code, $460,000,000 for fiscal 
        year 2004 and $470,000,000 for each of fiscal years 2005 
        through 2009.
          (8) Recreational trails program.--For the recreational trails 
        program under section 206 of title 23, United States Code, 
        $53,000,000 for fiscal year 2004, $70,000,000 for fiscal year 
        2005, $80,000,000 for fiscal year 2006, $90,000,000 for fiscal 
        year 2007, $100,000,000 for fiscal year 2008, and $110,000,000 
        for fiscal year 2009.
          (9) Federal lands highways program.--
                  (A) Indian reservation roads.--For Indian reservation 
                roads under section 204 of title 23, United States 
                Code, $325,000,000 for fiscal year 2004, $365,000,000 
                for fiscal year 2005, $390,000,000 for fiscal year 
                2006, $395,000,000 for fiscal year 2007, $420,000,000 
                for fiscal year 2008, and $420,000,000 for fiscal year 
                2009.
                  (B) Park roads and parkways.--For park roads and 
                parkways roads under section 204 of that title, 
                $170,000,000 for fiscal year 2004, $185,000,000 for 
                fiscal year 2005, $200,000,000 for fiscal year 2006, 
                $215,000,000 for fiscal year 2007, $225,000,000 for 
                fiscal year 2008, and $225,000,000 for fiscal year 
                2009.
                  (C) Public lands highway.--For public lands highway 
                under section 204 of that title, $250,000,000 for 
                fiscal year 2004, $260,000,000 for fiscal year 2005, 
                $280,000,000 for fiscal year 2006, $280,000,000 for 
                fiscal year 2007, $290,000,000 for fiscal year 2008, 
                and $300,000,000 for fiscal year 2009.
                  (D) Refuge roads.--For refuge roads under section 204 
                of that title, $20,000,000 for each of fiscal years 
                2004 through 2009.
          (10) National corridor infrastructure improvement program.--
        For the national corridor infrastructure improvement program 
        under section 1301 of this title, $600,000,000 for fiscal year 
        2005, $600,000,000 for fiscal year 2006, $600,000,000 for 
        fiscal year 2007, $600,000,000 for fiscal year 2008, and 
        $600,000,000 for fiscal year 2009.
          (11) Coordinated border infrastructure program.--For the 
        coordinated border infrastructure program under section 1302 of 
        this title, $200,000,000 for fiscal year 2005, $200,000,000 for 
        fiscal year 2006, $200,000,000 for fiscal year 2007, 
        $200,000,000 for fiscal year 2008, and $225,000,000 for fiscal 
        year 2009.
          (12) Projects of national and regional significance 
        program.--For the projects of national and regional 
        significance program under section 1304 of this title, 
        $1,100,000,000 for fiscal year 2005, $1,100,000,000 for fiscal 
        year 2006, $1,200,000,000 for fiscal year 2007, $1,300,000,000 
        for fiscal year 2008, and $1,300,000,000 for fiscal year 2009.
          (13) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 165 of title 23, United States Code, 
        $60,000,000 for fiscal year 2004, $70,000,000 for fiscal year 
        2005, $75,000,000 for fiscal year 2006, $75,000,000 for fiscal 
        year 2007, $75,000,000 for fiscal year 2008, and $75,000,000 
        for fiscal year 2009.
          (14) National scenic byways program.--For the national scenic 
        byways program under section 162 of title 23, United States 
        Code, $30,000,000 for fiscal year 2004, $40,000,000 for fiscal 
        year 2005, $45,000,000 for fiscal year 2006, $55,000,000 for 
        fiscal year 2007, $55,000,000 for fiscal year 2008, and 
        $60,000,000 for fiscal year 2009.
          (15) Congestion pricing pilot program.--For the congestion 
        pricing pilot program under section 1209 of this title, 
        $15,000,000 for fiscal year 2004, $15,000,000 for fiscal year 
        2005, $15,000,000 for fiscal year 2006, $15,000,000 for fiscal 
        year 2007, $15,000,000 for fiscal year 2008, and $15,000,000 
        for fiscal year 2009.
          (16) Deployment of 511 traveler information program.--For the 
        511 traveler information program under section 1204(c)(7) of 
        this title, $6,000,000 for each of fiscal years 2005 through 
        2009.
          (17) High priority projects program.--For the high priority 
        projects program under section 117 of title 23, United States 
        Code, $2,496,450,000 for fiscal year 2005, $2,244,550,000 for 
        fiscal year 2006, $2,143,250,000 for fiscal year 2007, 
        $2,192,450,000 for fiscal year 2008, and $2,050,450,000 for 
        fiscal year 2009.
          (18) Freight intermodal connector program.--For the freight 
        intermodal connector program under section 1303 of this title, 
        $250,000,000 for fiscal year 2005, $250,000,000 for fiscal year 
        2006, $250,000,000 for fiscal year 2007, $250,000,000 for 
        fiscal year 2008, and $250,000,000 for fiscal year 2009.
          (19) High risk rural road safety improvement program.--For 
        the high risk rural road safety improvement program under 
        section 1403 of this title, $105,000,000 for fiscal year 2005, 
        $110,000,000 for fiscal year 2006, $120,000,000 for fiscal year 
        2007, $125,000,000 for fiscal year 2008, and $130,000,000 for 
        fiscal year 2009.
          (20) Highway use tax evasion program.--For highway use tax 
        evasion projects under section 143 of title 23, United States 
        Code, $12,000,000 for fiscal year 2004, $30,000,000 for fiscal 
        year 2005, $30,000,000 for fiscal year 2006, $20,000,000 for 
        fiscal year 2007, $10,000,000 for fiscal year 2008, and 
        $7,000,000 for fiscal year 2009.
          (21) Pedestrian and cyclist equity.--
                  (A) Safe routes to school program.--For the safe 
                routes to school program under section 1120(a) of this 
                title, $150,000,000 for fiscal year 2005, $175,000,000 
                for fiscal year 2006, $175,000,000 for fiscal year 
                2007, $175,000,000 for fiscal year 2008, and 
                $200,000,000 for fiscal year 2009.
                  (B) Nonmotorized pilot program.--For the nonmotorized 
                pilot program under section 1120(b) of this title, 
                $25,000,000 for each of fiscal years 2005 through 2009.
          (22) Dedicated truck lanes.--For dedicated truck lanes under 
        section 1305 of this title, $165,000,000 for each of fiscal 
        years 2005 through 2008 and $170,000,000 for fiscal year 2009.
          (23) Highways for life program.--For the Highways for LIFE 
        program under section 1504 of this title, $55,000,000 for 
        fiscal year 2005 and $60,000,000 for each of fiscal years 2006 
        through 2009.
          (24) Commonwealth of puerto rico highway program.--For the 
        Commonwealth of Puerto Rico highway program under section 
        1214(r) of the Transportation Equity Act for the 21st Century 
        (112 Stat. 209), $115,000,000 for fiscal year 2004, 
        $125,000,000 for fiscal year 2005, $130,000,000 for fiscal year 
        2006, $130,000,000 for fiscal year 2007, $140,000,000 for 
        fiscal year 2008, and $140,000,000 for fiscal year 2009.
  (b) Disadvantaged Business Enterprises.--
          (1) General rule.--Except to the extent that the Secretary 
        determines otherwise, not less than 10 percent of the amounts 
        made available for any program under titles I, III, and V of 
        this Act and section 403 of title 23, United States Code, shall 
        be expended with small business concerns owned and controlled 
        by socially and economically disadvantaged individuals.
          (2) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Small business concern.--The term ``small 
                business concern'' has the meaning such term has under 
                section 3 of the Small Business Act (15 U.S.C. 632); 
                except that such term shall not include any concern or 
                group of concerns controlled by the same socially and 
                economically disadvantaged individual or individuals 
                which has average annual gross receipts over the 
                preceding 3 fiscal years in excess of $17,420,000, as 
                adjusted by the Secretary for inflation.
                  (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning such term 
                has under section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                promulgated pursuant thereto; except that women shall 
                be presumed to be socially and economically 
                disadvantaged individuals for purposes of this 
                subsection.
          (3) Annual listing of disadvantaged business enterprises.--
        Each State shall annually survey and compile a list of the 
        small business concerns referred to in paragraph (1) and the 
        location of such concerns in the State and notify the 
        Secretary, in writing, of the percentage of such concerns which 
        are controlled by women, by socially and economically 
        disadvantaged individuals (other than women), and by 
        individuals who are women and are otherwise socially and 
        economically disadvantaged individuals.
          (4) Uniform certification.--The Secretary shall establish 
        minimum uniform criteria for State governments to use in 
        certifying whether a concern qualifies for purposes of this 
        subsection. Such minimum uniform criteria shall include, but 
        not be limited to, on-site visits, personal interviews, 
        licenses, analysis of stock ownership, listing of equipment, 
        analysis of bonding capacity, listing of work completed, resume 
        of principal owners, financial capacity, and type of work 
        preferred.
          (5) Compliance with court orders.--Nothing in this subsection 
        limits the eligibility of an entity or person to receive funds 
        made available under titles I, III, and V of this Act and 
        section 403 of title 23, United States Code, if the entity or 
        person is prevented, in whole or in part, from complying with 
        paragraph (1) because a Federal court issues a final order in 
        which the court finds that the requirement of paragraph (1), or 
        the program established under paragraph (1), is 
        unconstitutional.

SEC. 1102. OBLIGATION CEILING.

  (a) General Limitation.--Notwithstanding any other provision of law 
but subject to subsections (g) and (h), the obligations for Federal-aid 
highway and highway safety construction programs shall not exceed--
          (1) $33,643,000,000 for fiscal year 2004;
          (2) $34,412,000,000 for fiscal year 2005;
          (3) $36,287,100,000 for fiscal year 2006;
          (4) $37,616,700,000 for fiscal year 2007;
          (5) $38,876,400,000 for fiscal year 2008; and
          (6) $40,231,500,000 for fiscal year 2009.
  (b) Exceptions.--The limitations under subsection (a) shall not apply 
to obligations--
          (1) under section 125 of title 23, United States Code;
          (2) under section 147 of the Surface Transportation 
        Assistance Act of 1978;
          (3) under section 9 of the Federal-Aid Highway Act of 1981;
          (4) under sections 131(b) and 131(j) of the Surface 
        Transportation Assistance Act of 1982;
          (5) under sections 149(b) and 149(c) of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987;
          (6) under sections 1103 through 1108 of the Intermodal 
        Surface Transportation Efficiency Act of 1991;
          (7) under section 157 of title 23, United States Code, as in 
        effect on June 8, 1998;
          (8) under section 105 of title 23, United States Code (but, 
        for each of fiscal years 1998 through 2013), only in an amount 
        equal to $639,000,000 per fiscal year; and
          (9) for Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century or subsequent public laws for multiple 
        years or to remain available until used, but only to the extent 
        that such obligation authority has not lapsed or been used.
  (c) Distribution of Obligation Authority.--For each of fiscal years 
2004 through 2009, the Secretary shall--
          (1) not distribute obligation authority provided by 
        subsection (a) for such fiscal year for amounts authorized for 
        administrative expenses and amounts authorized for the highway 
        use tax evasion program and the Bureau of Transportation 
        Statistics;
          (2) not distribute an amount of obligation authority provided 
        by subsection (a) that is equal to the unobligated balance of 
        amounts made available from the Highway Trust Fund (other than 
        the Mass Transit Account) for Federal-aid highway and highway 
        safety programs for previous fiscal years the funds for which 
        are allocated by the Secretary;
          (3) determine the ratio that--
                  (A) the obligation authority provided by subsection 
                (a) for such fiscal year less the aggregate of amounts 
                not distributed under paragraphs (1) and (2), bears to
                  (B) the total of the sums authorized to be 
                appropriated for Federal-aid highway and highway safety 
                construction programs (other than sums authorized to be 
                appropriated for sections set forth in paragraphs (1) 
                through (7) of subsection (b) and sums authorized to be 
                appropriated for section 105 of title 23, United States 
                Code, equal to the amount referred to in subsection 
                (b)(8)) for such fiscal year less the aggregate of the 
                amounts not distributed under paragraph (1) of this 
                subsection;
          (4) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not distributed under 
        paragraphs (1) and (2) for section 117 of title 23, United 
        States Code (relating to high priority projects program), 
        section 14501 of title 40, United States Code (relating to 
        Appalachian development highway system), and $2,000,000,000 for 
        such fiscal year under section 105 of title 23, United States 
        Code (relating to minimum guarantee) so that amount of 
        obligation authority available for each of such sections is 
        equal to the amount determined by multiplying the ratio 
        determined under paragraph (3) by the sums authorized to be 
        appropriated for such section (except in the case of section 
        105, $2,000,000,000) for such fiscal year;
          (5) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and amounts distributed under paragraph 
        (4) for each of the programs that are allocated by the 
        Secretary under this Act and title 23, United States Code 
        (other than activities to which paragraph (1) applies and 
        programs to which paragraph (4) applies) by multiplying the 
        ratio determined under paragraph (3) by the sums authorized to 
        be appropriated for such program for such fiscal year; and
          (6) distribute the obligation authority provided by 
        subsection (a) less the aggregate amounts not distributed under 
        paragraphs (1) and (2) and amounts distributed under paragraphs 
        (4) and (5) for Federal-aid highway and highway safety 
        construction programs (other than the minimum guarantee 
        program, but only to the extent that amounts apportioned for 
        the minimum guarantee program for such fiscal year exceed 
        $2,639,000,000, and the Appalachian development highway system 
        program) that are apportioned by the Secretary under this Act 
        and title 23, United States Code, in the ratio that--
                  (A) sums authorized to be appropriated for such 
                programs that are apportioned to each State for such 
                fiscal year, bear to
                  (B) the total of the sums authorized to be 
                appropriated for such programs that are apportioned to 
                all States for such fiscal year.
  (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary shall after August 1 of each of fiscal 
years 2004 through 2009 revise a distribution of the obligation 
authority made available under subsection (c) if an amount made 
available under this section will not be obligated during the fiscal 
year and redistribute sufficient amounts to those States able to 
obligate amounts in addition to those previously distributed during 
that fiscal year. In making the redistribution, the Secretary shall 
give priority to those States having large unobligated balances of 
funds apportioned under sections 104 and 144 of title 23, United States 
Code.
  (e) Applicability of Obligation Limitations to Transportation 
Research Programs.--Obligation limitations imposed by subsection (a) 
shall apply to transportation research programs carried out under 
chapter 5 of title 23, United States Code, and under title V of this 
Act; except that obligation authority made available for such programs 
under such limitations shall remain available for a period of 3 fiscal 
years.
  (f) Redistribution of Certain Authorized Funds.--Not later than 30 
days after the date of the distribution of obligation authority under 
subsection (c) for each of fiscal years 2004 through 2009, the 
Secretary shall distribute to the States any funds (1) that are 
authorized to be appropriated for such fiscal year for Federal-aid 
highway programs, and (2) that the Secretary determines will not be 
allocated to the States, and will not be available for obligation, in 
such fiscal year due to the imposition of any obligation limitation for 
such fiscal year. Such distribution to the States shall be made in the 
same ratio as the distribution of obligation authority under subsection 
(c)(6). The funds so distributed shall be available for any purposes 
described in section 133(b) of title 23, United States Code.
  (g) Special Rule.--Obligation authority distributed for a fiscal year 
under subsection (c)(4) for a section set forth in subsection (c)(4) 
shall remain available until used for obligation of funds for such 
section and shall be in addition to the amount of any limitation 
imposed on obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years.
  (h) Increase in Obligation Limit.--Limitations on obligations imposed 
by subsection (a) for a fiscal year shall be increased by an amount 
equal to the amount determined pursuant to section 
251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 
year. Any such increase shall be distributed in accordance with this 
section.
  (i) Limitations on Obligations for Administrative Expenses.--
Notwithstanding any other provision of law, the total amount of all 
obligations under section 104(a) of title 23, United States Code, shall 
not exceed--
          (1) $390,000,000 for fiscal year 2004;
          (2) $395,000,000 for fiscal year 2005;
          (3) $395,000,000 for fiscal year 2006;
          (4) $395,000,000 for fiscal year 2007;
          (5) $395,000,000 for fiscal year 2008; and
          (6) $400,000,000 for fiscal year 2009.

SEC. 1103. APPORTIONMENTS.

  (a) Administrative Expenses.--Section 104(a) of title 23, United 
States Code, is amended--
          (1) by striking paragraphs (1) and (2) and inserting the 
        following:
          ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) for purposes described in paragraph (2) $390,000,000 
        for fiscal year 2004, $395,000,000 for fiscal year 2005, 
        $395,000,000 for fiscal year 2006, $395,000,000 for fiscal year 
        2007, $395,000,000 for fiscal year 2008, and $400,000,000 for 
        fiscal year 2009.
          ``(2) Use of funds.--The amounts authorized to be 
        appropriated by paragraph (1) are authorized for the following 
        purposes:
                  ``(A) To administer the provisions of law to be 
                financed from appropriations for the Federal-aid 
                highway program and programs authorized under chapter 
                2.
                  ``(B) To make transfers of such sums as the Secretary 
                determines to be appropriate to the Appalachian 
                Regional Commission for administrative activities 
                associated with the Appalachian development highway 
                system.'';
          (2) in paragraph (3) by striking ``sum deducted under'' and 
        inserting ``amounts authorized to be appropriated by''; and
          (3) in paragraph (4)--
                  (A) by striking ``sums deducted under'' and inserting 
                ``amounts authorized to be appropriated by''; and
                  (B) by striking ``and the Federal Motor Carrier 
                Safety Administration''.
  (b) National Highway System.--Section 104(b) of such title is 
amended--
          (1) by striking ``the deduction authorized by subsection (a) 
        and''; and
          (2) in paragraph (1)(A)--
                  (A) by striking ``$36,400,000 for each fiscal year'' 
                and inserting ``$40,000,000 for fiscal year 2004, 
                $40,000,000 for fiscal year 2005, $40,000,000 for 
                fiscal year 2006, $50,000,000 for fiscal year 2007, 
                $50,000,000 for fiscal year 2008, and $50,000,000 for 
                fiscal year 2009''; and
                  (B) by striking ``$18,800,000 for each of fiscal 
                years 1998 through 2002'' and inserting ``$20,000,000 
                for fiscal year 2004 and $30,000,000 for each of fiscal 
                years 2005 through 2009''.
  (c) 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,''.
  (d) Conforming Amendments.--Section 104 of such title is amended--
          (1) in subsection (f)(1)--
                  (A) by striking ``, after making the deduction 
                authorized by subsection (a) of this section,''; and
                  (B) by striking ``remaining''; and
          (2) in subsection (i) by striking ``deducted'' and inserting 
        ``authorized to be appropriated''.
  (e) Puerto Rico Highway Program.--Section 1214(r) of the 
Transportation Equity Act for the 21st Century (112 Stat. 209; 117 
Stat. 1114; 118 Stat. 1149) is amended--
          (1) in paragraph (1) by striking ``1101(a)(15) for each of 
        fiscal years 1998 through 2005'' and inserting ``1101(a)(24) 
        for each of fiscal years 2004 through 2009 of the 
        Transportation Equity Act: A Legacy for Users''; and
          (2) in paragraph (2) by striking ``1101(a)(15) of this Act'' 
        and inserting ``1101(a)(24) of the Transportation Equity Act: A 
        Legacy for Users''.

SEC. 1104. MINIMUM GUARANTEE.

  To be supplied.

SEC. 1105. PROJECT APPROVAL AND OVERSIGHT.

  Section 106 of title 23, United States Code, is amended by striking 
subsection (h) and inserting the following:
  ``(h) Oversight Program.--
          ``(1) In general.--The Secretary shall establish an oversight 
        program to monitor the effective and efficient use of funds 
        authorized to carry out this title. At a minimum, the program 
        shall be responsive to all areas related to financial integrity 
        and project delivery.
          ``(2) Financial integrity.--
                  ``(A) Financial management systems.--The Secretary 
                shall perform annual reviews that address elements of 
                the State transportation departments' financial 
                management systems that affect projects approved under 
                subsection (a).
                  ``(B) Project costs.--The Secretary shall develop 
                minimum standards for estimating project costs and 
                shall periodically evaluate the States' practices for 
                estimating project costs, awarding contracts, and 
                reducing project costs.
                  ``(C) Responsibility of the states.--The States are 
                responsible for determining that subrecipients of 
                Federal funds under this title have sufficient 
                accounting controls to properly manage such Federal 
                funds. The Secretary shall periodically review the 
                States' monitoring of subrecipients.
          ``(3) Project delivery.--The Secretary shall perform annual 
        reviews that address elements of a State's project delivery 
        system, which includes one or more activities that are involved 
        in the life cycle of a project from its conception to its 
        completion.
          ``(4) Responsibility of the states.--The States are 
        responsible for determining that subrecipients of Federal funds 
        under this title have adequate project delivery systems for 
        projects approved under this section. The Secretary shall 
        periodically review the States' monitoring of subrecipients.
          ``(5) Specific oversight responsibilities.--Nothing in this 
        section shall affect or discharge any oversight responsibility 
        of the Secretary specifically provided for under this title or 
        other Federal law. In addition, the Secretary shall retain full 
        oversight responsibilities for the design and construction of 
        all Appalachian development highways under section 14501 of 
        title 40.
  ``(i) Major Projects.--
          ``(1) In general.--Notwithstanding any other provision in 
        this section, a recipient of Federal financial assistance for a 
        project under this title with an estimated total cost of 
        $500,000,000 or more, or any other project in the discretion of 
        the Secretary, shall submit to the Secretary a project 
        management plan and an annual financial plan.
          ``(2) Project management plan.--The project management plan 
        shall document the procedures and processes in place to provide 
        timely information to the project decision makers to manage 
        effectively the scope, costs, schedules, and quality, and the 
        Federal requirements of the project and the role of the agency 
        leadership and management team in the delivery of the project.
          ``(3) Financial plan.--The financial plan shall be based on 
        detailed estimates of the cost to complete the project. Annual 
        updates shall be submitted based on reasonable assumptions, as 
        determined by the Secretary, of future increases in the cost to 
        complete the project.
  ``(j) Other Projects.--A recipient of Federal financial assistance 
for a project under this title with an estimated total cost of 
$100,000,000 or more that is not covered by subsection (h) shall 
prepare an annual financial plan. Annual financial plans prepared under 
this subsection shall be made available to the Secretary for review 
upon the Secretary's request.''.

SEC. 1106. USE OF EXCESS FUNDS.

  Section 106 of title 23, United States Code, is further amended by 
adding at the end the following:
  ``(k) Use of Excess Funds.--
          ``(1) Audits.--A State may audit projects funded with amounts 
        apportioned under sections 104 and 144 to determine whether any 
        amounts obligated for a project are excess funds.
          ``(2) Plans for use of excess funds.--If a State determines, 
        after conducting an audit under paragraph (1), that funds 
        obligated for a project are excess funds, the State may develop 
        a plan for obligating the funds for the design and construction 
        of--
                  ``(A) with respect to excess funds derived from the 
                surface transportation program under section 133(d)(1), 
                133(d) (2), or 133(d)(3), the highway bridge 
                replacement and rehabilitation program under section 
                144, the congestion mitigation and air quality 
                improvement program under section 149, or the 
                recreational trails program under section 206, one or 
                more projects that are eligible for funding under that 
                program; and
                  ``(B) with respect to excess funds derived from any 
                other program under this title, one or more projects 
                that are eligible for funding those programs or the 
                surface transportation program under section 133.
          ``(3) Certification to the secretary.--A State that has 
        developed a plan under paragraph (2) shall transmit to the 
        Secretary a certification that the State has conducted an audit 
        under paragraph (1) and developed the plan in accordance with 
        paragraph (2).
          ``(4) Implementation of plans.--After transmitting a 
        certification to the Secretary with respect to a plan under 
        paragraph (3), the State may carry out the plan.
          ``(5) Applicability of requirements.--
                  ``(A) In general.--Except as provided by subparagraph 
                (B), excess funds used to carry out a project under 
                this section shall be subject to the requirements of 
                this title that are applicable to the program under 
                which the project is carried out.
                  ``(B) Stp allocations.--Section 133(d) shall not 
                apply to excess funds used to carry out a project under 
                this section, unless such funds are derived from 
                amounts apportioned under 104(b)(3).
          ``(6) Excess funds defined.--In this subsection, the term 
        `excess funds' means funds obligated for a project that remain 
        available for the project after the project has been completed 
        or canceled.''.

SEC. 1107. TEMPORARY TRAFFIC CONTROL DEVICES.

  (a) Standards.--Section 109(e) of title 23, United States Code, is 
amended--
          (1) by striking ``(e) No funds'' and inserting the following:
  ``(e) Installation of Safety Devices.--
          ``(1) Highway and railroad grade crossings and drawbridges.--
        No funds''; and
          (2) by adding at the end the following:
          ``(2) Temporary traffic control devices.--No funds shall be 
        approved for expenditure on any Federal-aid highway, or highway 
        affected under chapter 2 of this title, unless proper temporary 
        traffic control devices to improve safety in work zones will be 
        installed and maintained during construction, utility, and 
        maintenance operations on that portion of the highway with 
        respect to which such expenditures are to be made. Installation 
        and maintenance of the devices shall be in accordance with the 
        Manual on Uniform Traffic Control Devices.''.
  (b) Letting of Contracts.--Section 112 of such title is amended--
          (1) by striking subsection (f);
          (2) by redesignating subsection (g) as subsection (f); and
          (3) by adding at the end the following:
  ``(g) Temporary Traffic Control Devices.--
          ``(1) Issuance of regulations.--The Secretary, after 
        consultation with appropriate Federal and State officials, 
        shall issue regulations establishing the conditions for the 
        appropriate use of, and expenditure of funds for, uniformed law 
        enforcement officers, positive protective measures between 
        workers and motorized traffic, and installation and maintenance 
        of temporary traffic control devices during construction, 
        utility, and maintenance operations.
          ``(2) Effects of regulations.--Based on regulations issued 
        under paragraph (1), a State shall--
                  ``(A) develop separate pay items for the use of 
                uniformed law enforcement officers, positive protective 
                measures between workers and motorized traffic, and 
                installation and maintenance of temporary traffic 
                control devices during construction, utility, and 
                maintenance operations; and
                  ``(B) incorporate such pay items into contract 
                provisions to be included in each contract entered into 
                by the State with respect to a highway project to 
                ensure compliance with section 109(e)(2).
          ``(3) Limitation.--Nothing in the regulations shall be 
        construed to prohibit a State from implementing standards that 
        are more stringent than those required under the regulations.
          ``(4) Positive protective measures defined.--In this 
        subsection, the term `positive protective measures' means 
        temporary traffic barriers, crash cushions, and other 
        strategies to avoid traffic accidents in work zones, including 
        full road closures.''.

SEC. 1108. REVENUE ALIGNED BUDGET AUTHORITY.

  (a) Allocation.--Section 110(a)(1) of title 23, United States Code, 
is amended--
          (1) by striking ``2000'' and inserting ``2006'';
          (2) by inserting after ``such fiscal year'' the following: 
        ``and the succeeding fiscal year''.
  (b) Reduction.--Section 110(a)(2) of such title is amended--
          (1) by striking ``2000'' and inserting ``2006'';
          (2) by striking ``October 1 of the succeeding'' and inserting 
        ``October 15 of such''; and
          (3) by inserting after ``Account)'' the following: ``for such 
        fiscal year and the succeeding fiscal year''.
  (c) General Distribution.--Section 110(b)(1)(A) of such title is 
amended by striking ``Transportation Equity Act for the 21st Century'' 
and inserting ``Transportation Equity Act: A Legacy for Users''.
  (d) Technical Amendment.--Section 110(b)(1)(A) of title 23, United 
States Code, is amended by striking ``for'' the second place it 
appears.

SEC. 1109. EMERGENCY RELIEF.

  There is authorized to be appropriated for a fiscal year such sums as 
may be necessary for allocations by the Secretary described in 
subsections (a) and (b) of sections 125 of title 23, United States 
Code, if the total of those allocations in such fiscal year are in 
excess of $100,000,000.

SEC. 1110. SURFACE TRANSPORTATION PROGRAM.

  Section 133(f)(1) of title 23, United States Code, is amended--
          (1) by striking ``1998 through 2000'' and inserting ``2004 
        through 2006''; and
          (2) by striking ``2001 through 2003'' and inserting ``2007 
        through 2009''.

SEC. 1111. HIGHWAY USE TAX EVASION PROJECTS.

  (a) Eligible Activities.--
          (1) Intergovernmental enforcement efforts.--Section 143(b)(2) 
        of title 23, United States Code, is amended by inserting before 
        the period the following: ``; except that of funds so made 
        available for each of fiscal years 2004 through 2009, 
        $2,000,000 shall be available only to carry out 
        intergovernmental enforcement efforts, including research and 
        training''.
          (2) Conditions on funds allocated to internal revenue 
        service.--Section 143(b)(3) of such title is amended by 
        striking ``The'' and inserting ``Except as otherwise provided 
        in this section, the''.
          (3) Limitation on use of funds.--Section 143(b)(4) of such 
        title is amended--
                  (A) by striking ``and'' at the end of subparagraph 
                (F);
                  (B) by striking the period at the end of subparagraph 
                (G) and inserting a semicolon; and
                  (C) by adding at the end the following:
                  ``(H) to support efforts between States and Indian 
                tribes to address issues related to State motor fuel 
                taxes; and
                  ``(I) to analyze and implement programs to reduce tax 
                evasion associated with foreign imported fuel.''.
          (4) Reports.--Section 143(b) of such title is amended by 
        adding at the end the following:
          ``(9) Reports.--The Commissioner of the Internal Revenue 
        Service and each State shall submit to the Secretary an annual 
        report that describes the projects, examinations, and criminal 
        investigations funded by and carried out under this section. 
        Such report shall specify the annual yield estimated for each 
        project funded under this section.''.
  (b) Excise Fuel Reporting System.--
          (1) In general.--Section 143(c)(1) of such title is amended--
                  (A) by striking ``August 1, 1998,'' and inserting 
                ``90 days after the date of enactment of the 
                Transportation Equity Act: A Legacy for Users,'';
                  (B) by striking ``development'' and inserting 
                ``completion, operation,''; and
                  (C) by striking ``an excise fuel reporting system (in 
                this subsection referred to as `the system')'' and 
                inserting ``an excise summary terminal activity 
                reporting system''.
          (2) Elements of memorandum of understanding.--Section 
        143(c)(2) of such title is amended--
                  (A) by striking ``the system'' the first place it 
                appears and inserting ``the excise summary terminal 
                activity reporting system'';
                  (B) in subparagraph (A) by striking ``develop'' and 
                inserting ``complete'';
                  (C) by striking ``and'' at the end of subparagraph 
                (B);
                  (D) by striking the period at the end of subparagraph 
                (C) and inserting ``; and''; and
                  (E) by adding at the end the following:
                  ``(D) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall approve a 
                budget and project plan for the completion, operation, 
                and maintenance of the system.''; and
          (3) Funding priority.--Section 143(c)(3) of such title is 
        amended to read as follows:
          ``(3) Funding.--Of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009, the 
        Secretary shall make available to the Internal Revenue Service 
        such funds as may be necessary to complete, operate, and 
        maintain the excise summary terminal activity reporting system 
        in accordance with this subsection.''.
  (c) Registration System and Electronic Database.--Section 143 of such 
title is further amended by adding at the end the following:
  ``(d) Pipeline, Vessel, and Barge Registration System.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall enter into a 
        memorandum of understanding with the Commissioner of the 
        Internal Revenue Service for the purposes of the development, 
        operation, and maintenance of a registration system for 
        pipelines, vessels, and barges, and operators of such 
        pipelines, vessels, and barges, that make bulk transfers of 
        taxable fuel.
          ``(2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  ``(A) the Internal Revenue Service shall develop and 
                maintain the registration system through contracts;
                  ``(B) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall approve a 
                budget and project plan for development, operation, and 
                maintenance of the registration system;
                  ``(C) the registration system shall be under the 
                control of the Internal Revenue Service; and
                  ``(D) the registration system shall be made available 
                for use by appropriate State and Federal revenue, tax, 
                and law enforcement authorities, subject to section 
                6103 of the Internal Revenue Code of 1986.
          ``(3) Funding.--Of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009, the 
        Secretary shall make available to the Internal Revenue Service 
        such funds as may be necessary to complete, operate, and 
        maintain a registration system for pipelines, vessels, and 
        barges, and operators of such pipelines, vessels, and barges, 
        that make bulk transfers of taxable fuel in accordance with 
        this subsection.
  ``(e) Heavy Vehicle Use Tax Payment Database.--
          ``(1) In general.--Not later than 90 days after the date of 
        enactment of this subsection, the Secretary shall enter into a 
        memorandum of understanding with the Commissioner of the 
        Internal Revenue Service for the purposes of the establishment, 
        operation, and maintenance of an electronic database of heavy 
        vehicle highway use tax payments.
          ``(2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  ``(A) the Internal Revenue Service shall establish 
                and maintain the electronic database through contracts;
                  ``(B) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall approve a 
                budget and project plan for establishment, operation, 
                and maintenance of the electronic database;
                  ``(C) the electronic database shall be under the 
                control of the Internal Revenue Service; and
                  ``(D) the electronic database shall be made available 
                for use by appropriate State and Federal revenue, tax, 
                and law enforcement authorities, subject to section 
                6103 of the Internal Revenue Code of 1986.
          ``(3) Funding.--Of the amounts made available to carry out 
        this section for each of fiscal years 2004 through 2009, the 
        Secretary shall make available to the Internal Revenue Service 
        such funds as may be necessary to establish, operate, and 
        maintain an electronic database of heavy vehicle highway use 
        tax payments in accordance with this subsection.
  ``(f) Reports.--Not later than March 31 and September 30 of each 
year, the Commissioner of the Internal Revenue Service shall provide 
reports to the Secretary on the status of the Internal Revenue Service 
projects funded under this section related to the excise summary 
terminal activity reporting system, the pipeline, vessel, and barge 
registration system, and the heavy vehicle use tax electronic 
database.''.

SEC. 1112. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM.

  (a) Apportionment.--The Secretary shall apportion funds made 
available by section 1101(a)(7) of this Act for fiscal years 2004 
through 2009 among the States based on the latest available cost to 
complete estimate for the Appalachian development highway system under 
section 14501 title 40, United States Code.
  (b) Applicability of Title 23.--Funds made available by section 
1101(a)(7) of this Act for the Appalachian development highway system 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any project under this 
section shall be determined in accordance with such section 14501 of 
title 40, United States Code, and such funds shall be available to 
construct highways and access roads under such section and shall remain 
available until expended.
  (c) Use of Toll Credits.--Section 120(j)(1) of title 23, United 
States Code is amended by inserting ``and the Appalachian development 
highway system program under section 14501 of title 40'' after 
``section 125''.

SEC. 1113. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

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

``Sec. 165. Construction of ferry boats and ferry terminal facilities

  ``(a) In General.--The Secretary shall carry out a program for 
construction of ferry boats and ferry terminal facilities in accordance 
with section 129(c).
  ``(b) Federal Share.--The Federal share payable for construction of 
ferry boats and ferry terminal facilities under this section shall be 
80 percent of the cost thereof.
  ``(c) Availability of Amounts.--Amounts made available to carry out 
this section shall remain available until expended.
  ``(d) Set-Aside for Projects on NHS.--
          ``(1) In general.--$20,000,000 of the amount made available 
        to carry out this section for each of fiscal years 2004 through 
        2009 shall be obligated for the construction or refurbishment 
        of ferry boats and ferry terminal facilities and approaches to 
        such facilities within marine highway systems that are part of 
        the National Highway System.
          ``(2) Alaska.--$10,000,000 of the $20,000,000 for a fiscal 
        year made available under paragraph (1) shall be made available 
        to the State of Alaska.
          ``(3) New jersey.--$5,000,000 of the $20,000,000 for a fiscal 
        year made available under paragraph (1) shall be made available 
        to the State of New Jersey.
          ``(4) Washington.--$5,000,000 of the $20,000,000 for a fiscal 
        year made available under paragraph (1) shall be made available 
        to the State of Washington.
  ``(e) Applicability.--All provisions of this chapter that are 
applicable to the National Highway System, other than provisions 
relating to apportionment formula and Federal share, shall apply to 
funds made available to carry out this section, except as determined by 
the Secretary to be inconsistent with this section.''.
  (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 
of such title is amended by adding at the end the following:

``165. Construction of ferry boats and ferry terminal facilities.''.

  (c) National Ferry Database.--
          (1) Establishment.--The Secretary, acting through the Bureau 
        of Transportation Statistics, shall establish and maintain a 
        national ferry database.
          (2) Contents.--The database shall contain current information 
        regarding ferry systems, including information regarding 
        routes, vessels, passengers and vehicles carried, funding 
        sources and such other information as the Secretary considers 
        useful.
          (3) Update report.--Using information collected through the 
        database, the Secretary shall periodically modify as 
        appropriate the report submitted under section 1207(c) of the 
        Transportation Equity Act for the 21st Century (23 U.S.C. 129 
        note; 112 Stat. 185-186).
          (4) Requirements.--The Secretary shall--
                  (A) compile the database not later than 1 year after 
                the date of enactment of this Act and update the 
                database every 2 years thereafter;
                  (B) ensure that the database is easily accessible to 
                the public;
                  (C) make available, from the ferry boat and ferry 
                terminal program authorized under section 165 of title 
                23, United States Code, not more than $500,000 for each 
                of fiscal years 2005 through 2009 to establish the 
                database.

SEC. 1114. INTERSTATE MAINTENANCE DISCRETIONARY.

  (a) In General.--Section 118 of title 23, United States Code, is 
amended--
          (1) by striking subsection (c);
          (2) in subsection (e) by inserting ``Special Rules.--'' 
        before ``Funds made''; and
          (3) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.
  (b) Conforming Amendment.--Section 103(d)(1) of such title is amended 
by striking ``or 118(c)''.
  (c) Technical Amendments.--
          (1) Section 114.--Section 114(a) of such title is amended by 
        striking ``Except as provided in section 117 of this title, 
        such'' and inserting ``Such''.
          (2) Section 116.--Section 116(b) of such title is amended by 
        striking ``highway department'' and inserting ``transportation 
        department''.
          (3) Section 120.--Section 120(e) of such title is amended in 
        the first sentence by striking ``such system'' and inserting 
        ``such highway''.
          (4) Section 126.--Section 126(a) of such title is amended by 
        inserting ``under'' before ``section 104(b)(3)''.
          (5) Section 127.--Section 127 of such title is amended by 
        striking ``118(b)(1)'' and inserting ``118(b)(2)''.
          (6) Bicycle and pedestrian safety grants.--Section 1212(i) of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        196-197) is amended by redesignating subparagraphs (D) and (E) 
        as paragraphs (2) and (3), respectively, and moving such 
        paragraphs 2 ems to the left.
  (d) Limitation.--The amendments made by this section shall not apply 
to, or have any affect with respect to, funds made available under 
section 118 of title 23, United States Code, before the date of 
enactment of this section.
  (e) Effective Date.--The amendments made by subsections (a) and (b) 
of this section shall take effect on September 30, 2005.

SEC. 1115. HIGHWAY BRIDGE.

  (a) Scour Countermeasures.--Section 144(d) of title 23, United States 
Code, is amended to read as follows:
  ``(d) Applications for and Approval of Assistance.--
          ``(1) Bridge replacement or rehabilitation.--Whenever any 
        State or States make application to the Secretary for 
        assistance in replacing or rehabilitating a highway bridge 
        which the priority system established under subsections (b) and 
        (c) shows to be eligible, the Secretary may approve Federal 
        participation in replacing such bridge with a comparable 
        facility or in rehabilitating such bridge.
          ``(2) Preventive maintenance, scour measures, and 
        applications of certain compositions.--Whenever any State makes 
        application to the Secretary for assistance in painting, 
        seismic retrofit, or preventive maintenance of, or installing 
        scour countermeasures or applying calcium magnesium acetate, 
        sodium acetate/formate, or other environmentally acceptable, 
        minimally corrosive anti-icing and de-icing compositions to, 
        the structure of a highway bridge, the Secretary may approve 
        Federal participation in the painting, seismic retrofit, or 
        preventive maintenance of, or installation of scour 
        countermeasures or application of acetate or sodium acetate/
        formate or such anti-icing or de-icing composition to, such 
        structure.
          ``(3) Eligibility.--The Secretary shall determine the 
        eligibility of highway bridges for replacement or 
        rehabilitation for each State based upon the unsafe highway 
        bridges in such State; except that a State may carry out a 
        project for preventive maintenance on a bridge, seismic 
        retrofit of a bridge, or installing scour countermeasures to a 
        bridge under this section without regard to whether the bridge 
        is eligible for replacement or rehabilitation under this 
        section.''.
  (b) Bridge Discretionary Set-Aside.--Section 144(g)(1) of such title 
is amended by adding at the end the following:
                  ``(D) Fiscal years 2004 through 2009.--Of the amounts 
                authorized to be appropriated to carry out the bridge 
                program under this section for each of the fiscal years 
                2004 through 2009, all but $100,000,000 shall be 
                apportioned as provided in subsection (e). Such 
                $100,000,000 shall be available at the discretion of 
                the Secretary; except that $25,000,000 shall be 
                available only for projects for the seismic retrofit of 
                bridges, and of which $10,000,000 shall be available 
                only for the seismic retrofit of a bridge described in 
                subsection (l), and except as provided in subparagraph 
                (E).
                  ``(E) Gravina access.--
                          ``(i) In general.--Of the amounts authorized 
                        to be appropriated to carry out the bridge 
                        program under this paragraph, for each of the 
                        fiscal years 2005 through 2009, $10,000,000 
                        shall be set aside from the $100,000,000 
                        available at the discretion of the Secretary 
                        under subparagraph (D) for the construction of 
                        a bridge joining the Island of Gravina to the 
                        community of Ketchikan in Alaska.
                          ``(ii) Scoring.--The project described in 
                        this subparagraph shall not be counted for 
                        purposes of the reduction set forth in the 
                        fourth sentence of subsection (e).''.
  (c) Off-System Bridges.--Section 144(g)(3) of such title is amended--
          (1) by striking ``15 percent'' and inserting ``20 percent'';
          (2) by striking ``1987'' and inserting ``2005'';
          (3) by striking ``2004'' the first place it appears and all 
        that follows through ``2005,'' and inserting ``2009 for the 
        bridge program,'';
          (4) by inserting ``, perform systematic preventive 
        maintenance,'' after ``paint''; and
          (5) by inserting a comma before ``to highway bridges''.
  (d) Technical Amendment.--Section 144(i) of such title is amended by 
striking ``at the same time'' and all that follows through 
``Congress''.

SEC. 1116. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION 
                    PROGRAM.

  (a) Extension.--Section 1221(e)(1) of the Transportation Equity Act 
for the 21st Century (23 U.S.C. 101 note; 112 Stat. 223; 118 Stat. 879; 
118 Stat. 1149) is amended--
          (1) by striking ``1999 and'' and inserting ``1999,''; and
          (2) by striking ``2004'' the first place it appears and all 
        that follows through ``2005'' and inserting the following: ``, 
        and $25,000,000 for fiscal year 2004, $30,000,000 for fiscal 
        year 2005, $35,000,000 for fiscal year 2006, $35,000,000 for 
        fiscal year 2007, and $35,000,000 for each of fiscal years 2008 
        and 2009''.
  (b) Federal Share.--Section 1221(e)(2) of such Act is amended by 
inserting before the period at the end ``; except that such funds shall 
not be transferable and the Federal share for projects and activities 
carried out with such funds shall be determined in accordance with 
section 120(b) of title 23, United States Code''.
  (c) Planning Activities Pilot Program.--Section 1221 of such Act is 
amended by adding at the end the following:
  ``(f) Planning Activities Pilot Program.--
          ``(1) In general.--The Secretary shall establish a pilot 
        program using funds set aside under paragraph (4) to support 
        planning and public participation activities related to highway 
        and public transportation projects.
          ``(2) Eligible activities.--Activities eligible to be carried 
        out under the pilot program may include the following:
                  ``(A) Improving data collection and analysis to 
                improve freight movement, intermodal connections, and 
                transportation access and efficiency for all users, 
                including children, older individuals, individuals with 
                disabilities, low-income individuals, and minority 
                communities.
                  ``(B) Supporting public participation by holding 
                public meetings using an interactive workshop format 
                facilitated by design or planning experts (or both) to 
                consider public input at the initial stages of project 
                development and during other phases of a project.
                  ``(C) Using innovative planning or design 
                visualization and simulation tools to improve the 
                evaluation of alternatives and their impacts and to 
                enhance public participation in the transportation 
                planning process, including tools having a structure 
                that enables modifications to scenarios and assumptions 
                in real time.
                  ``(D) Enhancing coordination among transportation, 
                land use, workforce development, human service, 
                economic development, and other agencies to strengthen 
                access to job training services, daycare centers, 
                health care facilities, senior centers, public schools, 
                universities, and residential areas, including the use 
                of integrated planning and service delivery, especially 
                for transit dependent and low-income individuals.
                  ``(E) Contracting with nonprofit organizations, 
                universities, and local agencies to deliver community-
                oriented transportation plans and projects, including 
                public outreach, context sensitive design, transit-
                oriented development, multimodal corridor investments, 
                commuter benefits deployment, and brownfield 
                redevelopment.
                  ``(F) Measuring and reporting on the annual 
                performance of the transportation system (or parts of) 
                relative to State or locally-established criteria 
                regarding--
                          ``(i) maintenance and operating costs of the 
                        transportation system, vehicle miles traveled, 
                        peak-period travel times, transportation 
                        choices, and mode shares;
                          ``(ii) location of housing units, jobs, 
                        medical facilities, and commercial centers to 
                        transit;
                          ``(iii) improvements directed to low-income 
                        families and older individuals;
                          ``(iv) transportation-related pollution 
                        emissions into the air and water;
                          ``(v) land consumption; and
                          ``(vi) other locally-significant factors.
                  ``(G) Improving regional travel and emission modeling 
                to examine factors not currently considered, such as 
                induced travel and land use effects of transportation 
                alternatives, types of vehicles owned and used by 
                households, time-of-day of travel and linkage of trips 
                to each other throughout the day, effects of urban 
                design and pedestrian and bicycle environment on travel 
                behavior, and impacts of alternatives on the 
                distribution of benefits and burdens among various 
                groups protected under title VI of the Civil Rights Act 
                of 1964 (42 U.S.C. 2000d et seq.).
          ``(3) Federal share.--Notwithstanding subsection (e)(2), the 
        Federal share of the cost of activities carried out under the 
        pilot program shall be 100 percent.
          ``(4) Set aside.--The Secretary shall make available 
        $1,500,000 of the amounts made available to carry out this 
        section for each of fiscal years 2005 through 2009 to carry out 
        the pilot program under this subsection.''.

SEC. 1117. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Eligible project costs.--The term ``eligible project 
        costs''--
                  (A) means the capital cost of the fixed guideway 
                infrastructure of a MAGLEV project, including land, 
                piers, guideways, propulsion equipment and other 
                components attached to guideways, power distribution 
                facilities (including substations), control and 
                communications facilities, access roads, and storage, 
                repair, and maintenance facilities, but not including 
                costs incurred for a new station; and
                  (B) includes the costs of preconstruction planning 
                activities.
          (2) Full project costs.--The term ``full project costs'' 
        means the total capital costs of a MAGLEV project, including 
        eligible project costs and the costs of stations, vehicles, and 
        equipment.
          (3) MAGLEV.--The term ``MAGLEV'' means transportation systems 
        employing magnetic levitation that would be capable of safe use 
        by the public at a speed in excess of 240 miles per hour.
          (4) State.--The term ``State'' has the meaning such term has 
        under section 101(a) of title 23, United States Code.
  (b) In General.--
          (1) Assistance for eligible projects.--The Secretary shall 
        make available financial assistance to pay the Federal share of 
        full project costs of eligible projects authorized by this 
        section.
          (2) Use of assistance.--Financial assistance provided under 
        paragraph (1) shall be used only to pay eligible project costs 
        of projects authorized by this section.
          (3) Applicability of other laws.--Financial assistance made 
        available under this section, and projects assisted with such 
        assistance, shall be subject to section 5333(a) of title 49, 
        United States Code.
  (c) Project Eligibility.--To be eligible to receive financial 
assistance under subsection (b), a project shall--
          (1) involve a segment or segments of a high-speed ground 
        transportation corridor;
          (2) result in an operating transportation facility that 
        provides a revenue producing service; and
          (3) be approved by the Secretary based on an application 
        submitted to the Secretary by a State or authority designated 
        by 1 or more States.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $15,000,000 for fiscal year 2005 and 
$20,000,000 for each of fiscal years 2006 through 2009.
  (e) Applicability of Title 23, United States Code.--Funds authorized 
to be appropriated by this section shall be available for obligation in 
the same manner as if such funds were apportioned under chapter 1 of 
title 23, United States Code; except that the Federal share of the full 
project costs of an eligible project shall be 80 percent, and such 
funds shall remain available until expended and shall not be 
transferable.

SEC. 1118. RECREATIONAL TRAILS.

  (a) Recreational Trails Program Formula.--Section 104(h)(1) of title 
23, United States Code, is amended by striking ``research and 
technical'' and all that follows through ``Committee'' and inserting 
``research, technical assistance, and training under the recreational 
trails program''.
  (b) Permissible Uses.--Section 206(d)(2) of such title is amended to 
read as follows:
          ``(2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out this 
        section include--
                  ``(A) maintenance and restoration of existing 
                recreational trails;
                  ``(B) development and rehabilitation of trailside and 
                trailhead facilities and trail linkages for 
                recreational trails;
                  ``(C) purchase and lease of recreational trail 
                construction and maintenance equipment;
                  ``(D) construction of new recreational trails, except 
                that, in the case of new recreational trails crossing 
                Federal lands, construction of the trails shall be--
                          ``(i) permissible under other law;
                          ``(ii) necessary and recommended by a 
                        statewide comprehensive outdoor recreation plan 
                        that is required by the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-4 
                        et seq.) and that is in effect;
                          ``(iii) approved by the administering agency 
                        of the State designated under subsection 
                        (c)(1); and
                          ``(iv) approved by each Federal agency having 
                        jurisdiction over the affected lands under such 
                        terms and conditions as the head of the Federal 
                        agency determines to be appropriate, except 
                        that the approval shall be contingent on 
                        compliance by the Federal agency with all 
                        applicable laws, including the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.), the Forest and Rangeland 
                        Renewable Resources Planning Act of 1974 (16 
                        U.S.C. 1600 et seq.), and the Federal Land 
                        Policy and Management Act of 1976 (43 U.S.C. 
                        1701 et seq.);
                  ``(E) acquisition of easements and fee simple title 
                to property for recreational trails or recreational 
                trail corridors;
                  ``(F) assessment of trail conditions for 
                accessibility and maintenance;
                  ``(G) operation of educational programs to promote 
                safety and environmental protection as those objectives 
                relate to the use of recreational trails, but in an 
                amount not to exceed 5 percent of the apportionment 
                made to the State for the fiscal year; and
                  ``(H) payment of costs to the State incurred in 
                administering the program, but in an amount not to 
                exceed 7 percent of the apportionment made to the State 
                for the fiscal year to carry out this section.''.
  (c) Use of Apportionments.--Section 206(d)(3) of such title is 
amended--
          (1) by striking subparagraph (C);
          (2) by redesignating subparagraph (D) as subparagraph (C); 
        and
          (3) in subparagraph (C) (as so redesignated) by striking 
        ``(2)(F)'' and inserting ``(2)(H)''.
  (d) Federal Share.--Section 206(f) of such title is amended--
          (1) in paragraph (1)--
                  (A) by inserting ``and the Federal share of the 
                administrative costs of a State'' after ``project''; 
                and
                  (B) by striking ``not exceed 80 percent'' and 
                inserting ``be determined in accordance with section 
                120(b)'';
          (2) in paragraph (2)(A) by striking ``80 percent of'' and 
        inserting ``the amount determined in accordance with section 
        120(b) for'';
          (3) in paragraph (2)(B) by inserting ``sponsoring the 
        project'' after ``Federal agency'';
          (4) by striking paragraph (5);
          (5) by redesignating paragraph (4) as paragraph (5);
          (6) in paragraph (5) (as so redesignated) by striking ``80 
        percent'' and inserting ``the Federal share as determined in 
        accordance with section 120(b)''; and
          (7) by inserting after paragraph (3) the following:
          ``(4) Use of recreational trails program funds to match other 
        federal program funds.--Notwithstanding any other provision of 
        law, funds made available under this section may be used toward 
        the non-Federal matching share for other Federal program funds 
        that are--
                  ``(A) expended in accordance with the requirements of 
                the Federal program relating to activities funded and 
                populations served; and
                  ``(B) expended on a project that is eligible for 
                assistance under this section.''.
  (e) Planning and Environmental Assessment Costs Incurred Prior to 
Project Approval.--Section 206(h)(1) of such title is amended by adding 
at the end the following:
                  ``(C) Planning and environmental assessment costs 
                incurred prior to project approval.--The Secretary may 
                allow pre-approval planning and environmental 
                compliance costs to be credited toward the non-Federal 
                share of the cost of a project described under 
                subsection (d)(2) (other than subparagraph (I)) in 
                accordance with subsection (f), limited to costs 
                incurred less than 18 months prior to project 
                approval.''.
  (f) Encouragement of Use of Youth Conservation or Service Corps.--The 
Secretary shall encourage the States to enter into contracts and 
cooperative agreements with qualified youth conservation or service 
corps to perform construction and maintenance of recreational trails 
under section 206 of title 23, United States Code.

SEC. 1119. FEDERAL LANDS HIGHWAYS.

  (a) Contracts and Agreements With Indian Tribes.--Section 202(d)(3) 
of title 23, United States Code, is amended to read as follows:
          ``(3) Contracts and agreements with indian tribes.--
                  ``(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, program 
                guideline, manual, or policy directive, all funds made 
                available to an Indian tribal government under this 
                title for a highway, road, bridge, parkway, or transit 
                facility project that is located on an Indian 
                reservation or provides access to the reservation or a 
                community of the Indian tribe shall be made available, 
                on the request of the Indian tribal government, to the 
                Indian tribal government for use in carrying out, in 
                accordance with the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450 et seq.), 
                contracts and agreements for the planning, research, 
                engineering, and construction relating to such project.
                  ``(B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds for a 
                project to which subparagraph (A) applies shall be paid 
                to the Indian tribal government without regard to the 
                organizational level at which the Department of the 
                Interior has previously carried out, or the Department 
                of Transportation has previously carried out under the 
                Federal lands highway programs, the programs, 
                functions, services, or activities involved.
                  ``(C) Consortia.--Two or more Indian tribes that are 
                otherwise eligible to participate in a project to which 
                this title applies may form a consortium to be 
                considered as a single Indian tribe for the purpose of 
                participating in the project under this section.
                  ``(D) Funding.--The amount an Indian tribal 
                government receives for a project under subparagraph 
                (A) shall equal the sum of the funding that the Indian 
                tribal government would otherwise receive for the 
                project in accordance with the funding formula 
                established under this subsection and such additional 
                amount as the Secretary determines equal the amounts 
                that would have been withheld for the costs of the 
                Bureau of Indian Affairs for administration of the 
                project.
                  ``(E) Eligibility.--An Indian tribal government may 
                receive funding under subparagraph (A) for a project in 
                a fiscal year if the Indian tribal government 
                demonstrates to the satisfaction of the Secretary 
                financial stability and financial management capability 
                as demonstrated in the annual auditing required under 
                the Indian Self-Determination and Education Assistance 
                Act (25 U.S.C. 450 et seq.) and, during the preceding 
                fiscal year, had no uncorrected significant and 
                material audit exceptions in the required annual audit 
                of the Indian tribe's self-determination contracts or 
                self-governance funding agreements with any Federal 
                agency.
                  ``(F) Assumption of functions and duties.--An Indian 
                tribal government receiving funding under subparagraph 
                (A) for a project shall assume all functions and duties 
                that the Secretary of the Interior would have performed 
                with respect to projects under this chapter, other than 
                those functions and duties that inherently cannot be 
                legally transferred under the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b et seq.).
                  ``(G) Powers.--An Indian tribal government receiving 
                funding under subparagraph (A) for a project shall have 
                all powers that the Secretary of the Interior would 
                have exercised in administering the funds transferred 
                to the Indian tribal government for such project under 
                this section if such funds had not been transferred, 
                except to the extent that such powers are powers that 
                inherently cannot be legally transferred under the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b et seq.).
                  ``(H) Dispute resolution.--In the event of a 
                disagreement between the Secretary of Transportation or 
                the Secretary of the Interior and an Indian tribe over 
                whether a particular function, duty, or power may be 
                lawfully transferred under the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b et seq.), the Indian tribe shall have the right to 
                pursue all alternative dispute resolutions and appeal 
                procedures authorized by such Act, including 
                regulations issued to carry out such Act.''.
  (b) Alaska Native Village Inventory.--Section 202(d)(2) of such title 
is amended by adding at the end the following:
                  ``(E) Alaska native road inventory.--
                          ``(i) In general.--For fiscal year 2005 and 
                        each fiscal year thereafter, any allocation of 
                        sums authorized to be appropriated for Indian 
                        reservation roads in Alaska shall be based on 
                        an inventory of roads within the exterior 
                        boundaries of village corporation land selected 
                        pursuant to the Alaska Native Claims Settlement 
                        Act (43 U.S.C. 1601 et seq.) that includes all 
                        routes previously included in such an 
                        inventory. The Secretary of Transportation and 
                        the Secretary of the Interior may include, in 
                        the inventory of roads, those proposed for 
                        inclusion by tribal village governments from 
                        among community streets within the village and 
                        those proposed primary access routes for 
                        inclusion by tribal village governments, 
                        including roads and trails between villages 
                        (including links over water), roads and trails 
                        to landfills, roads and trails to drinking 
                        water sources, roads and trails to natural 
                        resources identified for economic development, 
                        and roads and trails that provide access to 
                        intermodal termini, such as airports, harbors, 
                        or boat landings.
                          ``(ii) Limitation on primary access routes.--
                        For purposes of this subparagraph, a proposed 
                        primary access route is the shortest 
                        practicable route connecting 2 points of the 
                        proposed route.''.
  (c) Grants for Financing Transportation Debt.--Section 202(d)(2)(A) 
of such title is amended by inserting before the period at the end the 
following: ``; except that, beginning October 1, 2004, the Secretary 
may use up to 3 percent of such funds for making grants to Indian 
tribes for the purpose of financing transportation debt for individual 
Indian reservation roads subject to all requirements governing Federal 
assistance for Indian roads under this section and section 204''.
  (d) Deputy Assistant Secretary of Transportation for Tribal 
Government Affairs.--Section 102 of title 49, United States Code, is 
amended--
          (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
          (2) by inserting after subsection (e) the following:
  ``(f) Deputy Assistant Secretary for Tribal Government Affairs.--The 
Department of Transportation shall have, within the office of the 
Secretary, a Deputy Assistant Secretary for Tribal Government Affairs 
appointed by the President to plan, coordinate, and implement the 
Department of Transportation policy and programs serving Indian tribes 
and tribal organizations and to coordinate tribal transportation 
programs and activities in all offices and administrations of the 
Department and to be a participant in any negotiated rulemaking related 
to, or has impact on, projects, programs, or funding associated with 
the tribal transportation program.''.
  (e) Alaska Native Village Transportation Program.--
          (1) Establishment.--Not later than 3 months after the date of 
        enactment of this Act, the Secretary and the Denali Commission, 
        in coordination with the Alaska Federation of Natives, shall 
        establish an Alaska Native Village transportation program to 
        pay the costs of planning, design, construction, and 
        maintenance of road and other surface transportation facilities 
        identified by Alaska Native Villages.
          (2) Alaska native village defined.--In this subsection, the 
        term ``Alaska Native Village'' has the same meaning such term 
        has as used by the Bureau of Indian Affairs in administering 
        the Indian reservation road program under section 202 of title 
        23, United States Code.

SEC. 1120. CONSERVATION MEASURES.

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

SEC. 1121. PEDESTRIAN AND CYCLIST EQUITY.

  (a) Safe Routes to School Program.--
          (1) Establishment.--Subject to the requirements of this 
        subsection, the Secretary shall establish and carry out a safe 
        routes to school program for the benefit of children in primary 
        and middle schools.
          (2) Purposes.--The purposes of the program shall be--
                  (A) to enable and encourage children, including those 
                with disabilities, to walk and bicycle to school;
                  (B) to make bicycling and walking to school a safer 
                and more appealing transportation alternative, thereby 
                encouraging a healthy and active lifestyle from an 
                early age; and
                  (C) to facilitate the planning, development, and 
                implementation of projects and activities that will 
                improve safety and reduce traffic, fuel consumption, 
                and air pollution in the vicinity of schools.
          (3) Apportionment of funds.--
                  (A) In general.--Subject to subparagraphs (B) and 
                (C), amounts made available to carry out this 
                subsection for a fiscal year shall be apportioned among 
                the States in the ratio that--
                          (i) the total student enrollment in primary 
                        and middle schools in each State; bears to
                          (ii) the total student enrollment in primary 
                        and middle schools in all the States.
                  (B) Minimum apportionment.--No State shall receive an 
                apportionment under this subsection for a fiscal year 
                of less than $2,000,000.
                   (C) Set-aside.--Before apportioning amounts made 
                available to carry out this subsection under this 
                paragraph for a fiscal year, the Secretary shall set 
                aside not more than 2 percent of such amounts for the 
                administrative expenses of the Secretary in carrying 
                out this subsection.
                  (D) Determination of student enrollments.--
                Determinations under this paragraph concerning student 
                enrollments shall be made by the Secretary.
          (4) Administration of amounts.--Amounts apportioned to a 
        State under this subsection shall be administered by the 
        State's department of transportation.
          (5) Eligible recipients.--Amounts apportioned to a State 
        under this subsection shall be used by the State to provide 
        financial assistance to State, local, and regional agencies, 
        including nonprofit organizations, that demonstrate an ability 
        to meet the requirements of this subsection.
          (6) Eligible projects and activities.--
                  (A) Infrastructure-related projects.--
                          (i) In general.--Amounts apportioned to a 
                        State under this subsection may be used for the 
                        planning, design, and construction of 
                        infrastructure-related projects that will 
                        substantially improve the ability of students 
                        to walk and bike to school, including sidewalk 
                        improvements, traffic calming and speed 
                        reduction improvements, pedestrian and bicycle 
                        crossing improvements, on-street bicycle 
                        facilities, off-street bicycle and pedestrian 
                        facilities, secure bicycle parking facilities, 
                        and traffic diversion improvements in the 
                        vicinity of schools.
                          (ii) Location of projects.--Infrastructure-
                        related projects under subparagraph (A) may be 
                        carried out on any public road or any bicycle 
                        or pedestrian pathway or trail in the vicinity 
                        of schools.
                  (B) Noninfrastructure-related activities.--
                          (i) In general.--In addition to projects 
                        described in subparagraph (A), amounts 
                        apportioned to a State under this subsection 
                        may be used for noninfrastructure-related 
                        activities to encourage walking and bicycling 
                        to school, including public awareness campaigns 
                        and outreach to press and community leaders, 
                        traffic education and enforcement in the 
                        vicinity of schools, student sessions on 
                        bicycle and pedestrian safety, health, and 
                        environment, and funding for training, 
                        volunteers, and managers of safe routes to 
                        school programs.
                          (ii) Allocation.--Not less than 10 percent 
                        and not more than 30 percent of the amount 
                        apportioned to a State under this subsection 
                        for a fiscal year shall be used for 
                        noninfrastructure-related activities under this 
                        subparagraph.
                  (C) Safe routes to school coordinator.--Each State 
                receiving an apportionment under this subsection for a 
                fiscal year shall use a sufficient amount of the 
                apportionment to fund a full-time position of 
                coordinator of the State's safe routes to school 
                program.
          (7) Clearinghouse.--
                  (A) In general.--The Secretary shall make grants to a 
                national nonprofit organization engaged in promoting 
                safe routes to schools to--
                          (i) operate a national safe routes to school 
                        clearinghouse;
                          (ii) develop information and educational 
                        programs on safe routes to school; and
                          (iii) provide technical assistance and 
                        disseminate techniques and strategies used for 
                        successful safe routes to school programs.
                  (B) Funding.--The Secretary shall carry out this 
                paragraph using amounts set aside for administrative 
                expenses under paragraph (3)(C).
          (8) Task force.--
                  (A) In general.--The Secretary shall establish a 
                national safe routes to school task force composed of 
                leaders in health, transportation, and education, 
                including representatives of appropriate Federal 
                agencies, to study and develop a strategy for advancing 
                safe routes to school programs nationwide.
                  (B) Report.--Not later than March 31, 2006, the 
                Secretary shall transmit to Congress a report 
                containing the results of the study conducted, and a 
                description of the strategy developed, under 
                subparagraph (A) and information regarding the use of 
                funds for infrastructure-related and noninfrastructure-
                related activities under subparagraphs (A) and (B) of 
                paragraph (6).
                  (C) Funding.--The Secretary shall carry out this 
                paragraph using amounts set aside for administrative 
                expenses under paragraph (3)(C).
          (9) Applicability of title 23.--Funds made available to carry 
        out this subsection shall be available for obligation in the 
        same manner as if such funds were apportioned under chapter 1 
        of title 23, United States Code; except that such funds shall 
        not be transferable and shall remain available until expended 
        and the Federal share of the cost of a project or activity 
        under this section shall be 100 percent. Notwithstanding any 
        other provision of law, projects assisted under this subsection 
        shall be treated as projects on a Federal-aid system under such 
        chapter.
          (10) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) In the vicinity of schools.--The term ``in the 
                vicinity of schools'' means, with respect to a school, 
                the area within bicycling and walking distance of the 
                school (approximately 2 miles).
                  (B) Primary and middle schools.--The term ``primary 
                and middle schools'' means schools providing education 
                from kindergarten through eighth grade.
                  (C) State.--The term ``State'' has the meaning such 
                term has in section 101(a) of title 23, United States 
                Code.
  (b) Nonmotorized Transportation Pilot Program.--
          (1) Establishment.--The Secretary shall establish and carry 
        out a nonmotorized transportation pilot program to construct, 
        in 4 communities selected by the Secretary, a network of 
        nonmotorized transportation infrastructure facilities, 
        including sidewalks, bicycle lanes, and pedestrian and bicycle 
        trails, that connect directly with transit stations, schools, 
        residences, businesses, recreation areas, and other community 
        activity centers.
          (2) Purpose.--The purpose of the program shall be to 
        demonstrate the extent to which bicycling and walking can carry 
        a significant part of the transportation load, and represent a 
        major portion of the transportation solution, within selected 
        communities.
          (3) Grants.--In carrying out the program, the Secretary may 
        make grants to State, local, and regional agencies, that the 
        Secretary determines are suitably equipped and organized to 
        carry out the objectives and requirements of this subsection. 
        An agency that receives a grant under this subsection may 
        suballocate grant funds to a nonprofit organization to carry 
        out the program under this subsection.
          (4) Applicability of title 23.--Funds made available to carry 
        out this subsection shall be available for obligation in the 
        same manner as if such funds were apportioned under chapter 1 
        of title 23, United States Code; except that the Federal share 
        of the cost of a project carried out under this subsection 
        shall be 80 percent, and such funds shall not be transferable 
        and shall remain available until expended.
          (5) Statistical information.--In carrying out the program, 
        the Secretary shall develop statistical information on changes 
        in motor vehicle, nonmotorized transportation, and public 
        transportation usage in communities participating in the 
        program and assess how such changes decrease congestion and 
        energy usage, increase the frequency of biking and walking, and 
        promote better health and a cleaner environment.
          (6) Reports.--The Secretary shall transmit to Congress an 
        interim report not later than September 30, 2007, and a final 
        report not later than September 30, 2010, on the results of the 
        program.

SEC. 1122. NATIONAL COMMISSIONS.

  (a) National Commission on Future Revenue Sources to Support the 
Highway Trust Fund.--
          (1) Establishment.--There is established a National 
        Commission on Future Revenue Sources to Support the Highway 
        Trust Fund to conduct--
                  (A) a study evaluating alternative short-term sources 
                of Highway Trust Fund revenue to support the 
                requirements of section 1124; and
                  (B) a study evaluating alternative long-term sources 
                of revenue to support the Highway Trust Fund, 
                considering the findings, conclusions, and 
                recommendations of a recent study by the Transportation 
                Research Board of the National Academy of Sciences on 
                alternatives to the fuel tax to support highway program 
                financing and other relevant prior research.
          (2) Functions.--The Commission shall--
                  (A) develop recommendations to generate Highway Trust 
                Fund revenue necessary to accomplish the requirements 
                of section 1124;
                  (B) oversee a comprehensive investigation of 
                alternatives to replace the fuel tax as the principal 
                revenue source to support the Highway Trust Fund over 
                at least the next 30 years;
                  (C) consult with the Secretary of Transportation and 
                the Secretary of the Treasury to assure that their 
                views concerning essential attributes of Highway Trust 
                Fund revenue alternatives are understood;
                  (D) assure that State transportation agency views on 
                alternative revenue sources to support State 
                transportation improvement programs are appropriately 
                considered and that any recommended Federal financing 
                strategy take into account State financial 
                requirements; and
                  (E) make specific recommendations regarding actions 
                that need to be taken to develop alternative revenue 
                sources to support the Highway Trust Fund and when 
                those actions must be taken.
          (3) Specific matters to be addressed.--The study under 
        paragraph (1)(B) shall address specifically--
                  (A) advantages and disadvantages of alternative 
                revenue sources to meet anticipated Federal surface 
                transportation financial requirements;
                  (B) the time frame within which actions must be taken 
                to transition from the fuel tax to alternative revenue 
                sources to support the Highway Trust Fund;
                  (C) recommendations concerning the most promising 
                revenue sources to support long-term Federal surface 
                transportation financing requirements;
                  (D) development of a broad transition strategy to 
                move from the current tax base to new funding 
                mechanisms, including the time frame for various 
                aspects of the transition strategy;
                  (E) recommendations for additional research that may 
                be needed to implement recommended alternatives; and
                  (F) the extent to which revenues should reflect the 
                relative use of the highway system.
          (4) Matters to consider and evaluate.--To the maximum extent 
        feasible, the Commission, in conducting the study under 
        paragraph (1)(B), shall consider and evaluate other related 
        work that has been done by the Department of Transportation, 
        the Department of Energy, the Transportation Research Board, 
        and others. In developing recommendations under paragraph (2), 
        the Commission shall consider--
                  (A) the ability to generate sufficient revenues to 
                meet anticipated long term surface transportation 
                financing needs;
                  (B) the roles of the various levels of government and 
                the private sector in meeting future surface 
                transportation financing needs;
                  (C) administrative costs, including enforcement, to 
                implement each option;
                  (D) potential taxpayer privacy concerns;
                  (E) likely technological advances that could ease 
                implementation of each option;
                  (F) the equity and economic efficiency of each 
                option;
                  (G) the flexibility of different options to allow 
                various pricing alternatives to be implemented; and
                  (H) potential compatibility issues with States tax 
                mechanisms under each alternative.
          (5) Membership.--
                  (A) Composition.--The Commission shall be composed of 
                nine members of whom--
                          (i) three members shall be appointed by the 
                        Secretary;
                          (ii) two members shall be appointed by the 
                        Speaker of the House of Representatives;
                          (iii) one member shall be appointed by the 
                        minority leader of the House of 
                        Representatives;
                          (iv) two members shall be appointed by the 
                        majority leader of the Senate; and
                          (v) one member shall be appointed by the 
                        minority leader of the Senate.
                  (B) Qualifications.--Members appointed under 
                subparagraph (A) shall have experience in public 
                finance, surface transportation program administration, 
                managing organizations that use surface transportation 
                facilities, academic research into related issues, or 
                other activities that provide unique perspectives on 
                current and future requirements for revenue sources to 
                support the Highway Trust Fund.
                  (C) Terms.--Members shall be appointed for the life 
                of the Commission.
                  (D) Vacancies.--A vacancy on the Commission shall be 
                filled in the manner in which the original appointment 
                was made.
                  (E) Travel expenses.--Members shall serve without pay 
                but shall receive travel expenses, including per diem 
                in lieu of subsistence, in accordance with sections 
                5702 and 5703 of title 5, United States Code.
                  (F) Chairman.--The Chairman of the Commission shall 
                be elected by the members.
          (6) Staff.--
                  (A) In general.--The Commission may engage the 
                services of an appropriate organization, agency, or 
                firm to conduct the studies under this subsection, but 
                the Commission shall provide strategic guidance for the 
                studies.
                  (B) Detail staff.--Upon request of the Commission, 
                the Secretary may detail, on a reimbursable basis, any 
                of the personnel of the Department of Transportation to 
                the Commission to assist the Commission in carrying out 
                its duties under this subsection.
                  (C) Cooperation.--The Secretary shall cooperate with 
                the Commission in conducting the studies under this 
                subsection, including providing the Commission with 
                such nonconfidential data and information as necessary 
                for conducting and completing the study.
          (7) Administrative support services.--Upon the request of the 
        Commission, the Secretary shall provide to the Commission, on a 
        reimbursable basis, the administrative support and services 
        necessary for the Commission to carry out its responsibilities 
        under this subsection.
          (8) Reports and recommendations.--
                  (A) Revenue actions.--Not later than September 30, 
                2005, the Commission shall transmit to Congress a 
                report on revenue actions that would support the 
                requirements of section 1124.
                  (B) Alternative long-term sources of revenue.--Not 
                later than September 30, 2006, the Commission shall 
                transmit to Congress a report on the results of the 
                study conducted under paragraph (1)(B), relating to 
                alternative long-term sources of revenue to support the 
                Highway Trust Fund, including recommendations to 
                address the needs identified in the study.
          (9) Termination.--The Commission shall terminate on the 180th 
        day following the date of transmittal of the report under 
        paragraph (8)(B). By such 180th day, the Commission shall 
        deliver all records and papers of the Commission to the 
        Archivist of the United States for deposit in the National 
        Archives.
          (10) Authorization of appropriations.--There is authorized to 
        be appropriated from the Highway Trust Fund (other than the 
        Mass Transit Account) $1,500,000 for each of fiscal years 2005 
        and 2006 to carry out this subsection.
          (11) Applicability of title 23.--Funds made available to 
        carry out this subsection shall be available for obligation in 
        the same manner as if such funds were apportioned under chapter 
        1 of title 23, United States Code; except that the Federal 
        share of the cost of activities carried out under this 
        subsection shall be 100 percent, and such funds shall remain 
        available until expended.
  (b) Declaration of Policy Regarding Future of the Interstate Highway 
System Study.--Section 101(b) of title 23, United States Code, is 
amended by striking the last paragraph and inserting the following:
  ``It is further declared that it is in the national interest to 
preserve and enhance the Dwight D. Eisenhower National System of 
Interstate and Defense Highways to meet the Nation's needs for the 21st 
century. The current urban and long distance personal travel and 
freight movement demands have surpassed the vision of the original 
Interstate System and travel demand patterns are expected to change. 
Continued planning for and investment in the Interstate System is 
critical to assure it adequately meets the changing travel demands of 
the future. Among the foremost needs that the Interstate System must 
provide are safe, efficient, and reliable (1) national and 
interregional personal mobility, (2) flow of interstate commerce, and 
(3) travel movements essential for national security. To the maximum 
extent, actions under this title should address congestion, safety, and 
freight transportation to provide for a strong and vigorous national 
economy. The Interstate System is hereby declared to be the Nation's 
premiere highway system, essential for the Nation's economic vitality, 
national security, and general welfare. The Secretary of Transportation 
is directed to take appropriate actions to preserve and enhance the 
Interstate System to meet the needs of the 21st century in accordance 
with this title.''.
  (c) National Commission on Future of Interstate Highway System.--
          (1) Establishment.--There is established a National 
        Commission on the Future of the Dwight D. Eisenhower National 
        System of Interstate and Defense Highways (in this subsection 
        referred to as the ``Interstate System'').
          (2) Function.--The Commission shall--
                  (A) conduct a study of the current condition and 
                future of the Interstate System and develop a 
                conceptual plan with alternative approaches for the 
                future of the Interstate System to assure that the 
                Interstate System will continue to serve the needs of 
                the Nation;
                  (B) assure that State transportation agency views are 
                considered; and
                  (C) make specific recommendations regarding those 
                design standards, Federal policies, and legislative 
                changes that must be made to assure the national 
                interests are served in meeting future Interstate 
                System needs.
          (3) Specific matters to be addressed.--The Commission shall 
        assure that the study under this subsection specifically 
        addresses the following:
                  (A) Current condition.--The current condition and 
                performance of the Interstate System, including 
                physical condition of bridges and pavements and 
                operational characteristics and performance, shall be 
                examined, relying primarily on existing data sources.
                  (B) Future assessment.--The future of the Interstate 
                System, based on a range of legislative and policy 
                approaches for 15-, 30-, and 50-year horizons.
          (4) Specific issues and details to address.--The following 
        specific issues and details shall be addressed as a part of the 
        study under this subsection:
                  (A) Demographics.--Expected demographics and business 
                uses that impact transportation.
                  (B) Usage.--Expected system use and effects of 
                changing vehicle types, fleet size and weights, and 
                traffic volumes.
                  (C) Natural disaster.--Seismic and other 
                vulnerabilities and their potential impacts.
                  (D) Design standards.--Desirable design policies and 
                standards for future improvements, including safety 
                improvement and additional access points.
                  (E) System wide needs.--Identification of both urban 
                and rural needs.
                  (F) Potential system expansion, upgrades, or other 
                changes.--Deployment of advanced materials and 
                intelligent technologies; critical multi-state rural 
                corridors needing capacity, safety, and operational 
                enhancements; urban and multi-state corridor additions; 
                bypasses of major cities that ensure efficient long-
                haul travel; improvements to inter-modal linkages; 
                strategies to enhance asset preservation; and 
                implementation strategies.
                  (G) Community values.--Consideration of alternative 
                approaches to maintaining or enhancing community values 
                in those neighborhoods adjacent to the Interstate 
                System.
                  (H) Environmental issues.--Consideration of 
                alternative approaches to addressing environmental 
                concerns relative to recommended alternatives.
                  (I) System performance.--Evaluation and assessment of 
                the current and future capabilities for conducting 
                system-wide real-time performance data collection and 
                analysis, traffic monitoring, system operations and 
                management.
          (5) Alternatives.--A range of policy recommendations shall be 
        developed as a part of the plan under this subsection to 
        address identified future needs of the Interstate System. The 
        alternatives shall include funding needs and potential 
        approaches to provide those funds.
          (6) Membership.--
                  (A) Composition.--The Commission shall be composed of 
                nine members of whom--
                          (i) three members shall be appointed by the 
                        Secretary;
                          (ii) two members shall be appointed by the 
                        Speaker of the House of Representatives;
                          (iii) one member shall be appointed by the 
                        minority leader of the House of 
                        Representatives;
                          (iv) two members shall be appointed by the 
                        majority leader of the Senate; and
                          (v) one member shall be appointed by the 
                        minority leader of the Senate.
                  (B) Qualifications.--Members appointed under 
                subparagraph (A) shall be appointed from among 
                individuals that have a concern for maintaining a 
                strong role for the Interstate System in the future of 
                the Nation and may include representatives from 
                Federal, State, and local governments, other 
                transportation authorities or agencies, and 
                organizations representing surface transportation 
                owners and operators.
                  (C) Terms.--Members shall be appointed for the life 
                of the Commission.
                  (D) Vacancies.--A vacancy in the Commission shall be 
                filled in the manner in which the original appointment 
                was made.
                  (E) Travel expenses.--Member shall serve without pay 
                but shall receive travel expenses, including per diem 
                in lieu of subsistence, in accordance with sections 
                5702 and 5703 of title 5, United States Code.
                  (F) Chairman.--The Chairman of the Commission shall 
                be elected by the members.
          (7) Staff.--
                  (A) In general.--The Commission may engage the 
                services of an appropriate organization, agency, or 
                firm to conduct the study under this subsection, but 
                the Commission shall provide strategic guidance for the 
                study.
                  (B) Detail staff.--Upon request of the Commission, 
                the Secretary may detail, on a reimbursable basis, any 
                of the personnel of the Department of Transportation to 
                the Commission to assist the Commission in carrying out 
                its duties under this subsection.
                  (C) Cooperation.--The Secretary shall cooperate with 
                the Commission in the study, including providing the 
                Commission with such nonconfidential data and 
                information as necessary for conducting and completing 
                the study.
          (8) Administrative support services.--Upon the request of the 
        Commission, the Secretary shall provide to the Commission, on a 
        reimbursable basis, the administrative support and services 
        necessary for the Commission to carry out its responsibilities 
        under this subsection.
          (9) Report and recommendations.--Not later than September 30, 
        2006, the Commission shall transmit to Congress a final report 
        on the results of the study conducted under this subsection, 
        including recommendations to address the needs identified in 
        the study.
          (10) Termination.--The Commission shall terminate on the 
        180th day following the date of transmittal of the report under 
        paragraph (9). By such 180th day, the Commission shall deliver 
        all records and papers of the Commission to the Archivist of 
        the United States for deposit in the National Archives.
          (11) Authorization of appropriations.--There is authorized to 
        be appropriated from the Highway Trust Funds (other than the 
        Mass Transit Account) to carry out this subsection $1,000,000 
        for each of fiscal years 2005 and 2006.
          (12) Applicability of title 23, united states code.--Funds 
        authorized to be appropriated by this section shall be 
        available for obligation in the same manner as if such funds 
        were apportioned under chapter 1 of title 23, United States 
        Code; except that the Federal share of the cost of activities 
        carried out under this subsection shall be 100 percent and such 
        funds shall remain available until expended.

SEC. 1123. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 
                    2004, PART V.

  [Reserved]

SEC. 1124. ROADWAY SAFETY.

  (a) Road Safety.--
          (1) In general.--The Secretary shall enter into an agreement 
        to assist in the activities of a national nonprofit 
        organization that is dedicated solely to improving public road 
        safety--
                  (A) by improving the quality of data pertaining to 
                public road hazards and design features that affect or 
                increase the severity of motor vehicle crashes;
                  (B) by developing and carrying out a public awareness 
                campaign to educate State and local transportation 
                officials, public safety officials, and motorists 
                regarding the extent to which public road hazards and 
                design features are a factor in motor vehicle crashes; 
                and
                  (C) by promoting public road safety research and 
                technology transfer activities.
          (2) Funding.--There is authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) 
        $500,000 for each of fiscal years 2005 through 2009 to carry 
        out this subsection.
          (3) Applicability of title 23.--Funds made available by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the funds shall remain 
        available until expended.
  (b) Bicycle and Pedestrian Safety Grants.--
          (1) In general.--The Secretary shall make grants to a 
        national, not-for-profit organization engaged in promoting 
        bicycle and pedestrian safety--
                  (A) to operate a national bicycle and pedestrian 
                clearinghouse;
                  (B) to develop information and educational programs; 
                and
                  (C) to disseminate techniques and strategies for 
                improving bicycle and pedestrian safety.
          (2) Funding.--There is authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit Account) 
        $500,000 for each of fiscal years 2004 through 2009 to carry 
        out this subsection.
          (3) Applicability of title 23.--Funds made available by this 
        subsection shall be available for obligation in the same manner 
        as if such funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the funds shall remain 
        available until expended.

SEC. 1125. EQUITY REQUIREMENT.

  (a) General Provisions.--The Secretary may not apportion before 
August 1, 2006, any funds for any of the programs referred to in 
subsection (b) for fiscal year 2006 unless, after the date of enactment 
of this Act, a law has been enacted that--
          (1) increases the guaranteed rate of return pursuant to 
        section 105 of title 23, United States Code, to 92 percent in 
        fiscal year 2006, 93 percent in fiscal year 2007, 94 percent in 
        fiscal year 2008, and 95 percent in fiscal year 2009; and
          (2) requires that each State receive apportionments for such 
        programs for each of such fiscal years that in the aggregate 
        are at least equal to the greater of--
                  (A) the State's minimum guaranteed rate of return 
                required under paragraph (1); and
                  (B) the State's prior fiscal year's apportioned 
                highway funds for programs referred in subsection (b) 
                plus an amount equal to the State's prior year 
                apportioned funds for such programs multiplied by the 
                percentage increase in the consumer price index during 
                the 12-month period ending June 30 of the calendar year 
                in which the fiscal year begins.
  (b) Applicability.--The withholding of apportioned funds under 
subsection (a) shall apply to the following programs:
          (1) The National Highway System program under section 103(b) 
        of title 23, United States Code.
          (2) The high priority projects program under section 117 of 
        such title.
          (3) The Interstate maintenance program under section 119 of 
        such title.
          (4) The surface transportation program under section 133 of 
        such title.
          (5) Metropolitan planning under chapter 52 of title 49, 
        United States Code.
          (6) The highway bridge replacement and rehabilitation program 
        under section 144 of title 23, United States Code.
          (7) The congestion mitigation and air quality improvement 
        program under section 149 of such title.
          (8) The recreational trails program under section 206 of such 
        title.
          (9) The Appalachian development highway system under subtitle 
        IV of title 40, United States Code.
          (10) The freight intermodal connectors program under section 
        1303 of this Act.
          (11) The coordinated border infrastructure program under 
        section 1302 of this Act.
          (12) The high risk rural road safety improvement program 
        under section 1403 of this Act.
          (13) The safe routes to schools program under section 1120 of 
        this Act.
          (14) The minimum guarantee program under section 105 of title 
        23, United States Code.
  (c) Consideration of Commission Findings.--In considering a law that 
increases the guaranteed rate of return referred to in subsection (a), 
Congress should consider the findings of the report on alternative 
short-term sources of Highway Trust Fund revenue to be published by the 
National Commission on Future Revenue Sources to Support the Highway 
Trust Fund pursuant to section 1121 of this Act.

                     Subtitle B--Congestion Relief

SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF.

  (a) In General.--Title 23, United States Code, is amended by 
inserting after section 138 the following:

``Sec. 139. Motor vehicle congestion relief

  ``(a) In General.--Each State that has an urbanized area with an 
urbanized area population of over 200,000 individuals shall obligate in 
each of fiscal years 2005 through 2009 a portion of the State's 
apportionments under section 104(b) in such fiscal year, as calculated 
under subsection (b), for congestion relief activities in such 
urbanized areas in accordance with this section.
  ``(b) Calculation of Amount.--The portion of a State's apportionments 
for a fiscal year to be obligated for congestion relief activities 
under subsection (a) shall be determined by multiplying--
          ``(1) the total of amounts apportioned to the State under 
        each of paragraphs (1), (2), (3), and (4) of section 104(b) in 
        such fiscal year; by
          ``(2) 10 percent; by
          ``(3) the percentage of the State's population residing in 
        urbanized areas of the State with an urbanized area population 
        of over 200,000 individuals.
  ``(c) Allocation Between Under One and Under Three Congestion Relief 
Activities.--Of the total amount of a State's apportionments to be 
obligated for congestion relief activities for a fiscal year as 
calculated under subsection (b)--
          ``(1) 40 percent shall be obligated for under one congestion 
        relief activities;
          ``(2) 35 percent shall be obligated for under three 
        congestion relief activities; and
          ``(3) 25 percent shall be obligated at the discretion of the 
        State department of transportation for 1 or more of the 
        following:
                  ``(A) Under one congestion relief activities.
                  ``(B) Under three congestion relief activities.
                  ``(C) Capital costs for transit projects that are 
                eligible for assistance under chapter 53 of title 49.
                  ``(D) Demand relief projects and activities that 
                shift demand to non-peak hours or to other modes of 
                transportation or that reduce the overall level of 
                demand for roads through such means as telecommuting, 
                ridesharing, alternative work hour programs, and value 
                pricing.
  ``(d) Obligation of Amounts.--
          ``(1) In general.--In complying with the requirements of this 
        section, the amounts obligated by a State for congestion relief 
        activities under subsection (a) shall be allocated among the 
        individual programs for which funds are apportioned under 
        sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4).
          ``(2) Limitation on statutory construction.--Nothing in this 
        subsection shall be construed as requiring a State to obligate 
        proportional or equal amounts under sections 104(b)(1), 
        104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief 
        activity under this section.
  ``(e) Limitation on Statutory Construction.--Nothing in this section 
shall be construed as altering or otherwise affecting the applicability 
of the requirements of this chapter (including requirements relating to 
the eligibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on account of 
the project) to amounts apportioned to a State for a program under 
section 104(b) that are obligated by the State for congestion relief 
activities under subsection (a).
  ``(f) Joint Responsibility.--Each State, each affected metropolitan 
planning organization, and the Secretary shall jointly ensure 
compliance with this section.
  ``(g) Transfers.--
          ``(1) In general.--A State may transfer a portion of the 
        amount that the State must obligate for under one congestion 
        relief activities in a fiscal year under this section to the 
        amount the State must obligate for under three congestion 
        relief activities under this section if the State certifies to 
        the Secretary that there are no under one congestion relief 
        activities for which such portion can be obligated in such 
        fiscal year and the Secretary does not disapprove such transfer 
        within 30 days after the date of such certification.
          ``(2) Limitation.--The amount that a State may transfer in a 
        fiscal year under this subsection may not reduce the amount the 
        State must obligate for under one congestion relief activities 
        to less than 10 percent of the total amount of the State's 
        apportionments to be obligated for congestion relief activities 
        for such fiscal year as calculated under subsection (b).
          ``(3) Treatment.--Amounts transferred by a State under this 
        subsection for a fiscal year shall be included in the amount of 
        the State's apportionments allocated for under three congestion 
        relief activities for such fiscal year under subsection (c)(2).
  ``(h) Definitions.--In this section, the following definitions apply:
          ``(1) Congestion relief activities.--
                  ``(A) In general.--The term `congestion relief 
                activity' means any activity, project, or program that 
                has as its primary purpose, as determined by the State 
                transportation department, the relief of motor vehicle 
                congestion.
                  ``(B) Inclusions.--Such term includes the following:
                          ``(i) Relief of motor vehicle congestion 
                        through additional capacity, construction of 
                        additional lanes, improvements to interchanges, 
                        improved access to major terminals, 
                        construction of parallel roads, construction of 
                        truck only lanes, and major arterial 
                        improvements.
                          ``(ii) Transportation systemwide operational 
                        improvements targeted at increasing motor 
                        vehicle travel reliability through such means 
                        as incident management programs, traffic 
                        monitoring and surveillance, and traveler 
                        information initiatives.
                          ``(iii) Maximizing efficient use of existing 
                        motor vehicle travel capacity through such 
                        means as reversible lanes, coordinated traffic 
                        signalization, and managed lanes or other lane 
                        management strategies.
                  ``(C) Exclusions.--Such term does not include demand 
                relief projects and activities that shift demand to 
                non-peak hours or to other modes of transportation or 
                that reduce the overall level of demand for roads 
                through such means as telecommuting, ridesharing, 
                alternative work hour programs, and value pricing.
          ``(2) Under one congestion relief activities.--The term 
        `under one congestion relief activity' means a congestion 
        relief activity that--
                  ``(A) will be completed within one year after the 
                date of commencement of onsite improvements;
                  ``(B) has a total projected cost of less than 
                $1,000,000; and
                  ``(C) will improve conditions in the applicable 
                urbanized area or is an element of the congestion 
                management system of the applicable metropolitan 
                planning organization.
          ``(3) Under three congestion relief activities.--The term 
        `under three congestion relief activities' means congestion 
        relief activities that--
                  ``(A) will be completed within 3 years after the date 
                of commencement of onsite improvements; and
                  ``(B) will improve conditions in the applicable 
                urbanized area or is an element of the congestion 
                management system of the applicable metropolitan 
                planning organization.''.
  (b) Conforming Amendment.--The analysis for chapter I of such title 
is amended by inserting after the item relating to section 138 the 
following:

``139. Motor vehicle congestion relief.''.

  (c) Motor Vehicle Defined.--Title 23, United States Code, is 
amended--
          (1) in section 154(a)(2), relating to the definition of motor 
        vehicle, by inserting ``streets, roads, and'' before 
        ``highways'';
          (2) by redesignating paragraph (2) of section 154(a) as 
        paragraph (38);
          (3) by moving such redesignated paragraph from section 154(a) 
        to the end of section 101(a);
          (4) by redesignating paragraphs (3) and (4) of section 154(a) 
        as paragraphs (2) and (3), respectively;
          (5) in section 153(i)--
                  (A) by striking paragraph (2); and
                  (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively;
          (6) in section 164(a)(4) by striking ``means'' and all that 
        follows through ``rail line or'' and inserting ``does not 
        include''; and
          (7) in section 405(f)--
                  (A) by striking paragraph (2); and
                  (B) by redesignating paragraphs (3), (4), (5), and 
                (6) as paragraphs (2), (3), (4), and (5).

SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND OPERATIONS.

  (a) Definitions.--
          (1) Operating costs for traffic monitoring, management, and 
        control.--Section 101(a)(17) of title 23, United States Code, 
        is amended by inserting ``transportation systems management and 
        operations and'' after ``associated with''.
          (2) Operational improvement.--Section 101(a)(18)(A)(i) of 
        such title is amended--
                  (A) by inserting ``transportation systems management 
                and operations, including'' after ``for''; and
                  (B) by inserting ``equipment and programs for 
                transportation response to natural disasters,'' after 
                ``incident management programs,''.
          (3) Transportation systems management and operations.--
        Section 101(a) of such title is further amended by adding at 
        the end the following:
          ``(39) Transportation systems management and operations.--
                  ``(A) In general.--The term `transportation systems 
                management and operations' means an integrated program 
                to optimize the performance of existing infrastructure 
                through the implementation of multimodal and 
                intermodal, cross-jurisdictional systems, services, and 
                projects designed to preserve capacity and improve the 
                security, safety, and reliability of Federal-aid 
                highways.
                  ``(B) Included activities and improvements.--The term 
                includes regional operations collaboration and 
                coordination activities between transportation and 
                public safety agencies and improvements such as traffic 
                detection and surveillance, arterial management, 
                freeway management, demand management, work zone 
                management, emergency management, electronic toll 
                collection, automated enforcement, traffic operations 
                measures to improve capacity, traffic signal 
                coordination, optimization of traffic signal timing, 
                traffic incident management, communications equipment 
                related to traffic incident management (including 
                integrated, interoperable, emergency communications 
                equipment), roadway weather management, traveler 
                information services, commercial vehicle operations, 
                traffic control, freight management, and coordination 
                of highway, rail, transit, bicycle, and pedestrian 
                operations.''.
  (b) Surface Transportation Program Eligibility.--Section 133(b) of 
such title is amended--
          (1) by redesignating paragraphs (13) and (14) as paragraphs 
        (12) and (13), respectively; and
          (2) by adding at the end the following:
          ``(14) Regional transportation operations collaboration and 
        coordination activities that are associated with regional 
        improvements, including activities for traffic incident 
        management, technology deployment, emergency management and 
        response, traveler information, and regional congestion 
        relief.''.
  (c) National Highway System Eligibility.--Section 103(b)(6) of such 
title is amended by adding at the end the following:
                  ``(Q) Capital, operating, and systems maintenance 
                costs for transportation systems management and 
                operations.''.
  (d) Transportation Systems Management and Operations.--Subchapter I 
of chapter 1 of such title is further amended by adding at the end the 
following:

``Sec. 166. Transportation systems management and operations

  ``(a) Authority.--The Secretary may--
          ``(1) encourage transportation system managers, operators, 
        public safety officials, and transportation planners within an 
        urbanized area, who are actively engaged in and responsible for 
        conducting activities relating to day-to-day management, 
        operations, public safety, and planning of transportation 
        facilities and services, to collaborate and coordinate on a 
        regional level in a continuous and sustained manner for 
        improved transportation systems management and operations, 
        including, at a minimum--
                  ``(A) developing a regional concept of operations 
                that defines a regional strategy shared by all 
                transportation and public safety participants for how 
                the region's systems should be managed, operated, and 
                measured;
                  ``(B) sharing of information among operators, service 
                providers, public safety officials, and the general 
                public; and
                  ``(C) guiding, in a regionally-coordinated manner, 
                the implementation of regional transportation system 
                management and operations initiatives, including 
                emergency evacuation and response, traffic incident 
                management, technology deployment, and traveler 
                information systems delivery, in a manner consistent 
                with and integrated into the ongoing metropolitan and 
                statewide transportation planning processes and 
                regional intelligent transportation system 
                architecture, if required; and
          ``(2) encourage States to establish a system of basic real-
        time monitoring capability for the surface transportation 
        system and provide the capability and means to share that data 
        among agencies (including highway, transit, and public safety 
        agencies), jurisdictions (including States, cities, counties, 
        and areas represented by metropolitan planning organizations), 
        private-sector entities, and the traveling public.
  ``(b) Execution.--To support the successful execution of 
transportation systems management and operations activities, the 
Secretary may undertake the following activities:
          ``(1) Assist and cooperate with other Federal departments and 
        agencies, State and local governments, metropolitan planning 
        organizations, private industry representatives, and other 
        interested parties to improve regional collaboration and real-
        time information sharing between transportation system managers 
        and operators, public safety officials, emergency managers, and 
        the general public to increase the security, safety, and 
        reliability of Federal-aid highways.
          ``(2) Issue, if necessary, new guidance or regulations for 
        the procurement of transportation system management and 
        operations facilities, equipment, and services, including 
        equipment procured in preparation for natural disasters and 
        emergencies, system hardware, software, and software 
        integration services.''.
  (e) Conforming Amendment.--The analysis for such chapter is further 
amended by adding at the end the following:

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

  (f) Intelligent Transportation System Procurement Policy.--
          (1) Study.--The Secretary shall--
                  (A) conduct a study of the current policies and 
                practices for the procurement of intelligent 
                transportation system facilities, equipment, and 
                services; and
                  (B) develop a conceptual plan with alternative 
                approaches for expediting and streamlining such 
                procurements at the State level.
          (2) Recommendations.--Based on the results of the study, the 
        Secretary shall make recommendations in the report under 
        paragraph (4) regarding procurement standards, including 
        recommendations regarding any changes in Federal and State 
        statutes, regulations, and policies necessary to ensure that 
        national interests are served in meeting future intelligent 
        transportation system needs.
          (3) Specific matters to be addressed.--The study under this 
        subsection shall specifically address the following:
                  (A) Current condition.--The current practices and 
                policies relating to procurement of intelligent 
                transportation system facilities, equipment, and 
                services, including equipment procured in preparation 
                for natural disasters and emergencies, system hardware, 
                software, and software integration services.
                  (B) Assessment of need for policy reform.--The 
                ability of current practices and policies to achieve 
                the successful implementation of intelligent 
                transportation system goals and the need for national 
                policy reform to expedite and streamline procurements 
                necessary to meet such goals.
                  (C) Alternatives.--The range of legislative, 
                regulatory, and policy alternatives to address 
                identified needs and goals, including funding needs.
                  (D) Recommendations.--Recommendations regarding 
                procurement standards, including recommendations 
                regarding any changes in Federal and State statutes, 
                regulations, and policies necessary for expedited and 
                streamlined procurements.
          (4) Report and recommendations.--Not later than March 31, 
        2006, the Secretary shall transmit to the appropriate 
        committees of Congress a final report regarding the results of 
        the study conducted under this subsection and recommendations 
        to address the needs identified in such study.
          (5) Initiation of rulemaking proceeding.--To the extent any 
        recommendation made by the Secretary under this subsection may 
        be implemented by regulation, the Secretary shall initiate a 
        rulemaking proceeding to address such recommendation not later 
        than the 90th day following the date of submission of the 
        report under paragraph (4).
          (6) Authorization of appropriations.--There is authorized to 
        be appropriated from the Highway Trust Fund (other than the 
        Mass Transit Account) $1,000,000 in fiscal year 2005 to carry 
        out this subsection.
          (7) Applicability of title 23.--Funds made available to carry 
        out this subsection shall be available for obligation in the 
        same manner as if such funds were apportioned under chapter 1 
        of title 23, United States Code; except that the Federal share 
        of the cost of the study under this subsection shall be 100 
        percent and such funds shall remain available until expended.

SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMATION PROGRAM.

  (a) Establishment.--
          (1) In general.--The Secretary shall establish a real-time 
        system management information program to provide, in all 
        States, the capability to monitor, in real-time, the traffic 
        and travel conditions of the Nation's major highways and to 
        share that information to improve the security of the surface 
        transportation system, to address congestion problems, to 
        support improved response to weather events and surface 
        transportation incidents, and to facilitate national and 
        regional highway traveler information.
          (2) Purposes.--The purposes of the real-time system 
        management information program are to--
                  (A) establish, in all States, a system of basic real-
                time information for managing and operating the surface 
                transportation system;
                  (B) identify longer range real-time highway and 
                transit monitoring needs and develop plans and 
                strategies for meeting such needs; and
                  (C) provide the capability and means to share that 
                data with State and local governments and the traveling 
                public.
  (b) National Steering Committee.--
          (1) In general.--The Secretary shall establish a national 
        steering committee to assist in the development of data 
        exchange formats under subsection (c).
          (2) Representatives.--The national steering committee shall 
        consist of representatives of State transportation departments, 
        metropolitan planning organizations, local governments, 
        nonprofit entities, the private sector, and academia.
          (3) Purpose.--The purpose of the national steering committee 
        shall be to provide guidance regarding the content and 
        uniformity of data exchange formats.
  (c) Data Exchange Formats.--Not later than 2 years after the date of 
enactment of this Act, the Secretary shall establish data exchange 
formats based on recommendations of the steering committee established 
under subsection (b) to ensure that the data provided by highway and 
transit monitoring systems, including statewide incident reporting 
systems, can readily be exchanged across jurisdictional boundaries, 
facilitating nationwide availability of information.
  (d) Regional Intelligent Transportation System Architecture.--
          (1) Addressing information needs.--As State and local 
        governments develop or update regional intelligent 
        transportation system architectures, described in section 940.9 
        of title 23, Code of Federal Regulations, such governments 
        shall explicitly address real-time highway and transit 
        information needs and the systems needed to meet such needs, 
        including addressing coverage, monitoring systems, data fusion 
        and archiving, and methods of exchanging or sharing highway and 
        transit information.
          (2) Data exchange.--States shall incorporate the data 
        exchange formats established by the Secretary under subsection 
        (c) to ensure that the data provided by highway and transit 
        monitoring systems may readily be exchanged with State and 
        local governments and may be made available to the traveling 
        public.
  (e) Eligibility.--Subject to project approval by the Secretary, a 
State may obligate funds apportioned to the State under sections 
104(b)(1), 104(b)(2), and 104(b)(3) of title 23, United States Code, 
for activities related to the planning and deployment of real-time 
monitoring elements that advance the goals and purposes described in 
subsection (a).
  (f) Limitation on Statutory Construction.--Nothing in this section 
shall be construed as altering or otherwise affecting the applicability 
of the requirements of chapter 1 of title 23, United States Code 
(including requirements relating to the eligibility of a project for 
assistance under the program, the location of the project, and the 
Federal-share payable on account of the project), to amounts 
apportioned to a State for a program under section 104(b) that are 
obligated by the State for activities and projects under this section.
  (g) Statewide Incident Reporting System Defined.--In this section, 
the term ``statewide incident reporting system'' means a statewide 
system for facilitating the real-time electronic reporting of surface 
transportation incidents to a central location for use in monitoring 
the event, providing accurate traveler information, and responding to 
the incident as appropriate.

SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPORTATION SYSTEMS 
                    DEPLOYMENT PROGRAM.

  (a) Establishment.--The Secretary shall establish a comprehensive 
program to accelerate the integration, interoperability, and deployment 
of intelligent transportation systems in order to improve the 
performance of the surface transportation system in metropolitan and 
rural areas.
  (b) Selection of Model Projects.--Under the program, the Secretary 
may make grants, through competitive solicitation, for projects that 
will serve as models to improve transportation efficiency, promote 
surface transportation safety (including safe freight movement), 
increase traffic flow (including the flow of intermodal travel at ports 
of entry), reduce emissions of air pollutants, improve traveler 
information, enhance alternative transportation modes, build on 
existing intelligent transportation system projects, and promote 
tourism.
  (c) Other Projects, Programs, and Activities.--Under the program, the 
Secretary may make grants for projects, programs, and activities in 
metropolitan and rural areas that--
          (1) contribute to national deployment goals and objectives 
        outlined in the national intelligent transportation system 
        program plan;
          (2) promote cooperation among agencies, jurisdictions, and 
        the private sector, as evidenced by signed memoranda of 
        understanding that clearly define the responsibilities and 
        relations of all parties to a partnership arrangement, 
        including institutional relationships and financial agreements 
        needed to support deployment of intelligent transportation 
        systems;
          (3) encourage private sector involvement and financial 
        commitment to such deployment to the maximum extent practicable 
        through innovative financial arrangements, especially public-
        private partnerships, including arrangements that generate 
        revenue to offset public investment costs;
          (4) enhance fully integrated intelligent transportation 
        system deployment;
          (5) create technical capacity for effective operations and 
        maintenance of such systems;
          (6) improve safety, mobility, geographic and regional 
        diversity, and economic development in deployment of such 
        systems;
          (7) advance deployment of the 511 traveler information 
        program; and
          (8) advance deployment of other national systems, including a 
        statewide incident reporting system, wireless e-911 system, and 
        road weather information system.
  (d) Applicability of Title 23, United States Code.--Funds authorized 
to be appropriated under section 1101(a)(16) of this Act shall be 
available for obligation to carry out subsection (c)(7) in the same 
manner and to the same extent as if such funds were apportioned under 
chapter 1 of title 23, United States Code; except that the Federal 
share of the cost of projects carried out under subsection (c)(7) shall 
be 80 percent and such funds shall remain available until expended.

SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DEPLOYMENT.

  (a) Purpose.--The purpose of this section is to ensure that a minimum 
of $2,500,000,000 of the amounts authorized to be appropriated for the 
National Highway System, Interstate maintenance, surface 
transportation, and congestion mitigation and air quality improvement 
programs for fiscal years 2005 through 2009 is utilized to expand 
deployment of intelligent transportation systems.
  (b) In General.--Chapter 1 of title 23, United States Code, is 
amended by inserting after section 149 the following:

``Sec. 150. Deployment of intelligent transportation systems

  ``(a) In General.--In each of fiscal years 2005 through 2009, each 
State shall obligate a portion of the funds apportioned to the State 
under sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) for such 
fiscal year, calculated under subsection (b), for projects described in 
subsection (c) that support deployment of intelligent transportation 
systems in the State.
  ``(b) Calculation of Amount.--The portion of a State's apportionments 
to be obligated under subsection (a) for projects described in 
subsection (c) in a fiscal year shall be determined by multiplying 
$500,000,000 by the ratio that--
          ``(1) the aggregate of amounts apportioned to the State for 
        such fiscal year under sections 104(b)(1), 104(b)(2), 
        104(b)(3), and 104(b)(4); bears to
          ``(2) the aggregate of amounts apportioned to all States for 
        such fiscal year under such sections.
  ``(c) Intelligent Transportation Systems Deployment Projects.--
Projects for which funds must be obligated under this section include 
the following:
          ``(1) Performance.--Establishment and implementation of 
        operations systems and services that improve performance in the 
        areas of traffic operations, emergency response to surface 
        transportation incidents, surface transportation incident 
        management, weather event response management by State and 
        local authorities, surface transportation network and facility 
        management, construction and work zone management, and traffic 
        flow information.
          ``(2) Networks.--Conducting activities that support the 
        creation of networks that link metropolitan and rural surface 
        transportation systems into an integrated data network, capable 
        of collecting, sharing, and archiving transportation system 
        traffic condition and performance information.
          ``(3) Safety.--Implementation of intelligent transportation 
        system technologies that improve highway safety through 
        linkages connecting the vehicle, the infrastructure, and 
        information to the driver.
          ``(4) Operation and management.--Provision of services 
        necessary to ensure the efficient operation and management of 
        intelligent transportation systems infrastructure, including 
        costs associated with communications, utilities, rent, 
        hardware, software, labor, administrative costs, training, and 
        technical services.
          ``(5) Interagency support.--Provision of support for 
        institutional relationships between transportation agencies, 
        police, emergency medical services, private emergency 
        operators, freight operators, and shippers.
          ``(6) Planning.--Conducting cross-jurisdictional planning and 
        deployment of regional transportation systems operations and 
        management approaches.
  ``(d) Obligation of Amounts.--
          ``(1) In general.--In complying with the requirements of this 
        section, the amounts obligated by a State for projects under 
        subsection (c) that support deployment of intelligent 
        transportation systems in such State under subsection (a) shall 
        be allocated among the individual programs for which funds are 
        apportioned under sections 104(b)(1), 104(b)(2), 104(b)(3), and 
        104(b)(4).
          ``(2) Limitation on statutory construction.--Nothing in this 
        subsection shall be construed as requiring a State to obligate 
        proportional or equal amounts under sections 104(b)(1), 
        104(b)(2), 104(b)(3), and 104(b)(4) for any congestion relief 
        activity under this section.
  ``(e) Limitation on Statutory Construction.--Nothing in this section 
shall be construed as altering or otherwise affecting the applicability 
of the requirements of this chapter (including requirements relating to 
the eligibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on account of 
the project) to amounts apportioned to a State for a program under 
section 104(b) that are obligated by the State for projects under this 
section.
  ``(f) Joint Responsibility.--Each State, each affected metropolitan 
planning organization, and the Secretary shall jointly ensure 
compliance with this section.''.
  (c) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 149 the following:

``150. Deployment of intelligent transportation systems.''.

SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT SUPPORT DEPLOYMENT 
                    OF INTELLIGENT TRANSPORTATION SYSTEMS.

  (a) Categorical Exclusions.--Not later than one year after the date 
of enactment of this Act, the Secretary shall initiate a rulemaking 
process to establish, to the extent appropriate, categorical exclusions 
for activities that support the deployment of intelligent 
transportation infrastructure and systems from the requirement that an 
environmental assessment or an environmental impact statement be 
prepared under section 102 of the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) (42 U.S.C. 4332) in compliance with the 
standards for categorical exclusions established by that Act.
  (b) Nationwide Programmatic Agreement.--
          (1) Development.--The Secretary shall develop a nationwide 
        programmatic agreement governing the review of activities that 
        support the deployment of intelligent transportation 
        infrastructure and systems in accordance with section 106 of 
        the National Historic Preservation Act (16 U.S.C. 470f) and the 
        regulations of the Advisory Council on Historic Preservation.
          (2) Consultation.--The Secretary shall develop the agreement 
        under paragraph (1) in consultation with the National 
        Conference of State Historic Preservation Officers and the 
        Advisory Council on Historic Preservation established under 
        title II of the National Historic Preservation Act (26 U.S.C. 
        470i et seq.) and after soliciting the views of other 
        interested parties.
  (c) Intelligent Transportation Infrastructure and Systems Defined.--
In this section, the term ``intelligent transportation infrastructure 
and systems'' means intelligent transportation infrastructure and 
intelligent transportation systems, as such terms are defined in 
section 5607.

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

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

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

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

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

SEC. 1208. HOV FACILITIES.

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

``Sec. 168. HOV facilities

  ``(a) In General.--
          ``(1) Authority of state agencies.--A State agency that has 
        jurisdiction over the operation of a HOV facility shall 
        establish the occupancy requirements of vehicles operating on 
        the facility.
          ``(2) Occupancy requirement.--Except as otherwise provided by 
        this section, no fewer than 2 occupants per vehicle may be 
        required for use of a HOV facility.
  ``(b) Exceptions.--Notwithstanding the occupancy requirements of 
subsection (a)(2), the following exceptions shall apply with respect to 
a State agency operating a HOV facility:
          ``(1) Motorcycles and bicycles.--
                  ``(A) In general.--Subject to subparagraph (B), the 
                State agency shall allow motorcycles and bicycles to 
                use the HOV facility.
                  ``(B) Safety exception.--A State agency may restrict 
                use of the HOV facility by motorcycles or bicycles (or 
                both) if the agency certifies to the Secretary that 
                such use would create a safety hazard and the Secretary 
                accepts the certification. The Secretary may accept a 
                certification under this subparagraph only after the 
                Secretary publishes notice of the certification in the 
                Federal Register and provides an opportunity for public 
                comment.
          ``(2) Public transportation vehicles.--The State agency may 
        allow public transportation vehicles to use the HOV facility if 
        the agency--
                  ``(A) establishes requirements for clearly 
                identifying the vehicles; and
                  ``(B) establishes procedures for enforcing the 
                restrictions on the use of the facility by such 
                vehicles.
          ``(3) High occupancy toll vehicles.--The State agency may 
        allow vehicles not otherwise exempt pursuant to this subsection 
        to use the HOV facility if the operators of such vehicles pay a 
        toll charged by the agency for use of the facility and the 
        agency--
                  ``(A) establishes a program that addresses how 
                motorists can enroll and participate in the toll 
                program;
                  ``(B) develops, manages, and maintains a system that 
                will automatically collect the toll; and
                  ``(C) establishes policies and procedures to--
                          ``(i) manage the demand to use the facility 
                        by varying the toll amount that is charged;
                          ``(ii) enforce violations of use of the 
                        facility; and
                          ``(iii) permit low-income individuals to pay 
                        reduced tolls.
          ``(4) Low emission and energy-efficient vehicles.--
                  ``(A) Inherently low-emission vehicle.--Before 
                September 30, 2009, the State agency may allow vehicles 
                that are certified as inherently low-emission vehicles 
                pursuant to section 88.311-93 of title 40, Code of 
                Federal Regulations, and are labeled in accordance with 
                section 88.312-93 of such title, to use the HOV 
                facility if the agency establishes procedures for 
                enforcing the restrictions on the use of the facility 
                by such vehicles.
                  ``(B) Other low emission and energy-efficient 
                vehicles.--Before September 30, 2009, the State agency 
                may allow vehicles certified as low emission and 
                energy-efficient vehicles under subsection (e), and 
                labeled in accordance with subsection (e), to use the 
                HOV facility if the operators of such vehicles pay a 
                toll charged by the agency for use of the facility and 
                the agency--
                          ``(i) establishes a program that addresses 
                        the selection of vehicles under this paragraph; 
                        and
                          ``(ii) establishes procedures for enforcing 
                        the restrictions on the use of the facility by 
                        such vehicles.
                  ``(C) Amount of tolls.--Under subparagraph (B), a 
                State agency may charge no toll or a toll that is less 
                than tolls charged under paragraph (3).
  ``(c) Requirements Applicable to Tolls.--
          ``(1) In general.--Tolls may be charged under subsections 
        (b)(3) and (b)(4) notwithstanding section 301 and, except as 
        provided in paragraphs (2) and (3), subject to the requirements 
        of section 129.
          ``(2) HOV facilities on the interstate system.--
        Notwithstanding section 129, tolls may be charged under 
        subsections (b)(3) and (b)(4) on a HOV facility on the 
        Interstate System.
          ``(3) Excess toll revenues.--If a State agency makes a 
        certification under the last sentence of section 129(a)(3) with 
        respect to toll revenues collected under subsections (b)(3) and 
        (b)(4), the State, in the use of tolls revenues under that 
        sentence, shall give priority consideration to projects for 
        developing alternatives to single occupancy vehicle travel and 
        projects for improving highway safety.
  ``(d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          ``(1) In general.--A State agency that allows vehicles to use 
        a HOV facility under subsection (b)(3) or (b)(4) in a fiscal 
        year shall certify to the Secretary that the agency will carry 
        out the following responsibilities with respect to the facility 
        in the fiscal year:
                  ``(A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and reporting 
                program for the facility that provides for continuous 
                monitoring, assessment, and reporting on the impacts 
                that such vehicles may have on the operation of the 
                facility and adjacent highways.
                  ``(B) Establishing, managing, and supporting an 
                enforcement program that ensures that the facility is 
                being operated in accordance with the requirements of 
                this section.
                  ``(C) Limiting or discontinuing the use of the 
                facility by such vehicles if the presence of such 
                vehicles has degraded the operation of the facility.
          ``(2) Degraded facility.--
                  ``(A) In general.--For purposes of paragraph (1), the 
                operation of a HOV facility shall be considered to be 
                degraded if vehicles operating on the facility are 
                failing to maintain a minimum average operating speed 
                90 percent of the time over a consecutive 6-month 
                period during morning or evening weekday peak hour 
                periods (or both).
                  ``(B) Minimum average operating speed defined.--In 
                subparagraph (A), the term `minimum average operating 
                speed' means--
                          ``(i) 45 miles per hour, in the case of a HOV 
                        facility with a speed limit of 50 miles per 
                        hour or greater; and
                          ``(ii) not more than 10 miles per hour below 
                        the speed limit, in the case of a HOV facility 
                        with a speed limit of less than 50 miles per 
                        hour.
  ``(e) Certification of Low Emission and Energy-Efficient Vehicles.--
Not later than 6 months after the date of enactment of this section, 
the Administrator of the Environmental Protection Agency shall issue a 
final rule establishing requirements for certification of vehicles as 
low emission and energy-efficient vehicles for purposes of this section 
and requirements for the labeling of such vehicles.
  ``(f) Definitions.--In this section, the following definitions apply:
          ``(1) Alternative fuel vehicle.--The term `alternative fuel 
        vehicle' means a vehicle that operates on--
                  ``(A) methanol, denatured ethanol, or other alcohols;
                  ``(B) a mixture containing at least 85 percent of 
                methanol, denatured ethanol, and other alcohols by 
                volume with gasoline or other fuels;
                  ``(C) natural gas;
                  ``(D) liquefied petroleum gas;
                  ``(E) hydrogen;
                  ``(F) coal derived liquid fuels;
                  ``(G) fuels (except alcohol) derived from biological 
                materials;
                  ``(H) electricity (including electricity from solar 
                energy); or
                  ``(I) any other fuel that the Secretary prescribes by 
                regulation that is not substantially petroleum and that 
                would yield substantial energy security and 
                environmental benefits.
          ``(2) HOV facility.--The term `HOV facility' means a high 
        occupancy vehicle facility.
          ``(3) Low emission and energy efficient vehicle.--The term 
        `low emission and energy-efficient vehicle' means a vehicle 
        that--
                  ``(A) has been certified by the Administrator of the 
                Environmental Protection Agency as meeting the Tier II 
                emission level established in regulations prescribed by 
                the Administrator under section 202(i) of the Clean Air 
                Act (42 U.S.C. 7521(i)) for that make and model year 
                vehicle; and
                  ``(B)(i) has been certified by the Administrator to 
                have a 45-mile-per-gallon or greater fuel economy 
                highway rating; or
                  ``(ii) is an alternative fuel vehicle.
          ``(4) Public transportation vehicle.--The term `public 
        transportation vehicle' means a vehicle that provides public 
        transportation (as defined in section 5302(a) of title 49).
          ``(5) State agency.--The term `State agency', as used with 
        respect to a HOV facility, means an agency of a State or local 
        government having jurisdiction over the operation of the 
        facility and includes a State transportation department.''.
  (b) Conforming Amendments.--
          (1) Program efficiencies.--Section 102 of title 23, United 
        States Code, is amended by striking subsection (a) and 
        redesignating subsections (b) and (c) as subsections (a) and 
        (b), respectively.
          (2) Chapter analysis.--The analysis for subchapter I of 
        chapter 1 of such title is amended by adding at the end the 
        following:

``168. HOV facilities.''.

  (c) Technical Amendment.--Section 102(c) of title 23, United States 
Code, is amended by striking ``10 years'' and all that follows through 
``after'' and inserting ``10 years (or such longer period as the State 
requests and the Secretary determines to be reasonable) after''.

SEC. 1209. CONGESTION PRICING PILOT PROGRAM.

  (a) Establishment.--Section 1012(b)(1) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 
1938) is amended to read as follows:
          ``(1) Establishment.--
                  ``(A) In general.--The Secretary may enter into 
                cooperative agreements with State and local governments 
                to carry out not more than 25 congestion pricing pilot 
                projects.
                  ``(B) Previously approved projects.--Projects carried 
                out under paragraph (1) shall include each project 
                approved under this subsection before the date of 
                enactment of the Transportation Equity Act: A Legacy 
                for Users and under which highway tolls are being 
                collected as of such date of enactment.''.
  (b) Low-Income Drivers.--Section 1012(b)(7) of such Act is amended to 
read as follows:
          ``(7) Reduced tolls for low-income drivers.--Any congestion 
        pricing pilot project carried out under this subsection that 
        involves the collection of highway tolls shall include a 
        program to permit low-income drivers to pay a reduced toll 
        amount.''.
  (c) Set-Aside for Projects not Involving Highway Tolls.--At the end 
of section 1012(b)(8) of such Act add the following:
                  ``(D) Set-aside for projects not involving highway 
                tolls.--Of the amounts made available to carry out this 
                subsection, $3,000,000 per fiscal year shall be 
                available only for congestion pricing pilot projects 
                that do not involve highway tolls.''.
  (d) Conforming Amendments.--Section 1012(b) of such Act is amended--
          (1) in the subsection heading by striking ``Value Pricing'' 
        and inserting ``Congestion Pricing'';
          (2) in paragraph (2)--
                  (A) by striking ``(2) Notwithstanding'' and inserting 
                the following:
          ``(2) Federal share; eligible costs.--Notwithstanding'';
                  (B) in the first sentence by striking ``programs'' 
                and inserting ``projects''; and
                  (C) in the second sentence by striking ``program'' 
                and inserting ``project'';
          (3) in paragraph (3) by striking ``(3) Revenues'' and 
        inserting the following:
          ``(3) Use of revenues.--Revenues'';
          (4) in paragraph (4)--
                  (A) by striking ``(4) Notwithstanding'' and inserting 
                the following:
          ``(4) Use of tolls on interstate system.--Notwithstanding'';
                  (B) by striking ``value pricing pilot program'' and 
                inserting ``congestion pricing pilot project'';
          (5) in paragraph (5)--
                  (A) by striking ``(5) The Secretary'' and inserting 
                the following:
          ``(5) Monitoring.--The Secretary''; and
                  (B) by striking ``programs'' the first and second 
                place it appears and inserting ``projects''; and
          (6) in paragraph (6) by striking ``value pricing pilot 
        program'' and inserting ``congestion pricing pilot project''.

SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM 
                    ELIGIBILITY.

  Section 149(b)(5) of title 23, United States Code, is amended by 
inserting ``improve transportation systems management and operations,'' 
after ``intersections,''.

SEC. 1211. SPECIAL RULES FOR STATE ASSUMPTION OF RESPONSIBILITIES.

  (a) Limitations.--Section 167(a) of title 23, United States Code, as 
added by section 1207(a) of this Act, is amended by adding at the end 
the following:
          ``(3) Limitations.--
                  ``(A) Procedural and substantive requirements.--A 
                State that assumes the responsibilities of the 
                Secretary under this section shall be subject to the 
                same procedural and substantive requirements as would 
                apply if the responsibilities were carried out by the 
                Secretary. When a State assumes responsibilities for 
                carrying out a Federal law under this section, the 
                State assents to Federal jurisdiction and shall be 
                solely responsible and solely liable for complying with 
                and carrying out that law instead of the Secretary.
                  ``(B) Assumption of responsibilities.--Any 
                responsibility of the Secretary not assumed by the 
                State in a memorandum of understanding shall remain a 
                responsibility of the Secretary.
                  ``(C) Powers of other agencies.--Nothing in this 
                section preempts or limits any power, jurisdiction, 
                responsibility, or authority of an agency, other than 
                the Department of Transportation, with respect to a 
                project.''.
  (b) Acceptance of Federal Courts Jurisdiction; Termination of 
Agreements.--Section 167(b) of title 23, United States Code, as added 
by section 1207(a) of this Act, is amended by adding at the end the 
following:
          ``(5) Acceptance of federal courts jurisdiction.--A 
        memorandum of understanding with a State under this section 
        shall include a provision under which the State consents to 
        accept the jurisdiction of the Federal courts for the 
        compliance, discharge, and enforcement of any responsibility of 
        the Secretary that the State may assume under the memorandum.
          ``(6) Termination of agreements.--A memorandum of 
        understanding with a State under this section shall include a 
        provision authorizing the Secretary to terminate the agreement 
        if the Secretary, after providing an opportunity for a hearing, 
        issues a finding that the State is not in compliance with the 
        terms of the agreement.''.
  (c) State Subject to Federal Laws.--Section 167 of title 23, United 
States Code, as added by section 1207(a) of this Act, is further 
amended by adding at the end the following:
  ``(f) State Subject to Federal Laws.--For purposes of assuming 
responsibilities of the Secretary under this section, a State agency 
entering into a memorandum of understanding under subsection (b) is 
deemed to be a Federal agency tothe 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.''.

SEC. 1212. OPENING OF INTERSTATE RAMPS.

  (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 and Arena Drive in Prince George's County, Maryland, for the 
purpose of allowing motor vehicles to exit Interstate Route 495 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 vehicles to enter Interstate Route 495 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.

                  Subtitle C--Mobility and Efficiency

SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IMPROVEMENT PROGRAM.

  (a) In General.--The Secretary shall establish and implement a 
program to make allocations to States for highway construction projects 
in corridors of national significance to promote economic growth and 
international or interregional trade pursuant to the selection factors 
provided in this section. A State must submit an application to the 
Secretary in order to receive an allocation under this section.
  (b) Selection Process.--
          (1) Priority.--In the selection process under this section, 
        the Secretary shall give priority to projects in corridors that 
        are a part of, or will be designated as part of, the Dwight D. 
        Eisenhower National System of Interstate and Defense Highways 
        after completion of the work described in the application 
        received by the Secretary and to any project that will be 
        completed within 5 years of the date of the allocation of funds 
        for the project.
          (2) Selection factors.--In making allocations under this 
        section, the Secretary shall consider the following factors:
                  (A) The extent to which the corridor provides a link 
                between 2 existing segments of the Interstate System.
                  (B) The extent to which the project will facilitate 
                major multistate or regional mobility and economic 
                growth and development in areas underserved by existing 
                highway infrastructure.
                  (C) The extent to which commercial vehicle traffic in 
                the corridor--
                          (i) has increased since the date of enactment 
                        of the North American Free Trade Agreement 
                        Implementation Act (16 U.S.C. 4401 et seq.); 
                        and
                          (ii) is projected to increase in the future.
                  (D) The extent to which international truck-borne 
                commodities move through the corridor.
                  (E) The extent to which the project will make 
                improvements to an existing segment of the Interstate 
                System that will result in a decrease in congestion.
                  (F) The reduction in commercial and other travel time 
                through a major freight corridor expected as a result 
                of the project.
                  (G) The value of the cargo carried by commercial 
                vehicle traffic in the corridor and the economic costs 
                arising from congestion in the corridor.
                  (H) The extent of leveraging of Federal funds 
                provided to carry out this section, including--
                          (i) use of innovative financing;
                          (ii) combination with funding provided under 
                        other sections of this Act and title 23, United 
                        States Code; and
                          (iii) combination with other sources of 
                        Federal, State, local, or private funding.
  (c) Period of Availability.--Funds allocated for a project to a State 
under this section shall remain available for obligation in that State 
until 6 months from the day on which they are allocated. Sums not 
obligated within 6 months of the day on which they are allocated shall 
be available to the Secretary to be allocated for other projects 
eligible under this section.
  (d) Federal Share.--The Federal share of the cost of a project under 
this section shall be determined in accordance with section 120(b) of 
title 23, United States Code.
  (e) Applicability of Title 23.--Except as provided in subsections (c) 
and (d), funds made available by section 1101(a)(10) of this Act to 
carry out this section shall be available for obligation in the same 
manner as if such funds were apportioned under chapter 1 of title 23, 
United States Code.
  (f) State Defined.--In this section, the term ``State'' has the 
meaning such term has under section 101 of title 23, United States 
Code.

SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PROGRAM.

  (a) General Authority.--The Secretary shall implement a coordinated 
border infrastructure program under which the Secretary shall 
distribute funds to border States to improve the safe movement of motor 
vehicles at or across the border between the United States and Canada 
and the border between the United States and Mexico.
  (b) Eligible Uses.--A State may use funds apportioned under this 
section only for--
          (1) improvements in a border region to existing 
        transportation and supporting infrastructure that facilitate 
        cross-border motor vehicle and cargo movements;
          (2) construction of highways and related safety and safety 
        enforcement facilities in a border region that facilitate motor 
        vehicle and cargo movements related to international trade;
          (3) operational improvements in a border region, including 
        improvements relating to electronic data interchange and use of 
        telecommunications, to expedite cross border motor vehicle and 
        cargo movement;
          (4) modifications to regulatory procedures to expedite safe 
        and efficient cross border motor vehicle and cargo movements; 
        and
          (5) international coordination of transportation planning, 
        programming, and border operation with Canada and Mexico 
        relating to expediting cross border motor vehicle and cargo 
        movements.
  (c) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion among border States sums authorized to be 
appropriated to carry out this section for such fiscal year as follows:
          (1) 20 percent in the ratio that--
                  (A) the total number of incoming commercial trucks 
                that pass through the land border ports of entry within 
                the boundaries of a border State, as determined by the 
                Secretary; bears to
                  (B) the total number of incoming commercial trucks 
                that pass through such ports of entry within the 
                boundaries of all the border States, as determined by 
                the Secretary.
          (2) 30 percent in the ratio that--
                  (A) the total number of incoming personal motor 
                vehicles and incoming buses that pass through land 
                border ports of entry within the boundaries of a border 
                State, as determined by the Secretary; bears to
                  (B) the total number of incoming personal motor 
                vehicles and incoming buses that pass through such 
                ports of entry within the boundaries of all the border 
                States, as determined by the Secretary.
          (3) 25 percent in the ratio that--
                  (A) the total weight of incoming cargo by commercial 
                trucks that pass through land border ports of entry 
                within the boundaries of a border State, as determined 
                by the Secretary; bears to
                  (B) the total weight of incoming cargo by commercial 
                trucks that pass through such ports of entry within the 
                boundaries of all the border States, as determined by 
                the Secretary.
          (4) 25 percent of the ratio that--
                  (A) the total number of land border ports of entry 
                within the boundaries of a border State, as determined 
                by the Secretary; bears to
                  (B) the total number of land border ports of entry 
                within the boundaries of all the border States, as 
                determined by the Secretary.
  (d) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost of a project 
under this section shall be 80 percent.
  (e) Definitions.--In this section, the following definitions apply:
          (1) Border region.--The term ``border region'' means any 
        portion of a border State within 20 miles of an international 
        land border with Canada or Mexico.
          (2) Border state.--The term ``border State'' means any State 
        that has an international land border with Canada or Mexico.
          (3) Commercial truck.--The term ``commercial truck'' means a 
        commercial motor vehicle as defined in section 31301(4) (other 
        than subparagraph (B)) of title 49, United States Code.
          (4) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning such term has under section 101(a) of title 23, United 
        States Code.
          (5) State.--The term ``State'' has the meaning such term has 
        in section 101(a) of such title 23.

SEC. 1303. FREIGHT INTERMODAL CONNECTORS.

  (a) In General.--
          (1) Establishment.--The Secretary shall establish a freight 
        intermodal connector program to improve productivity and 
        improve the efficiency of the transportation of freight, while 
        mitigating congestion in the area of freight intermodal 
        connectors.
          (2) Purposes.--The purposes of the program shall be--
                  (A) to facilitate and support intermodal freight 
                transportation initiatives at the State and local 
                levels in order to improve freight intermodal 
                connectors and mitigate the impact of congestion in the 
                area of such connectors; and
                  (B) to provide capital funding to address 
                infrastructure and freight operational needs at freight 
                intermodal connectors.
  (b) State Responsibilities.--Under the program, each State shall 
ensure that intermodal freight transportation and trade facilitation 
and are adequately addressed integrated into the project development 
process, including transportation planning, through final design and 
construction of freight related transportation projects.
  (c) Eligible Projects.--
          (1) In general.--Projects eligible for funding under this 
        section may include the construction of and improvements to 
        publicly owned freight intermodal connectors, the provision of 
        access to such connectors, and operational improvements for 
        such connectors (including capital investment for intelligent 
        transportation systems); except that a project located within 
        the boundaries of an intermodal freight facility shall only 
        include highway infrastructure modifications necessary to 
        facilitate direct intermodal access between the connector and 
        the facility.
          (2) Special rule.--If a State that does not have any freight 
        intermodal connectors within its boundaries or has only freight 
        intermodal connectors within its boundaries that are in good 
        condition and provide an adequate level of service, projects 
        within the boundaries of the State that are eligible for 
        assistance under section 103(b)(6) of title 23, United States 
        Code, relating to the National Highway System, shall be 
        eligible for funding under this section.
  (d) Priority.--Under the program, a State shall give priority to 
projects on freight intermodal connectors to the National Highway 
System as identified according to the criteria set forth in the report 
of the Department of Transportation to Congress entitled ``Pulling 
Together: The NHS and its Connections to Major Intermodal Terminals''.
  (e) Apportionment.--On October 1 of each fiscal year, the Secretary 
shall apportion among the States sums made available to carry out this 
section for such fiscal year as follows:
          (1) 33.3 percent in the ratio that--
                  (A) the number of freight intermodal connectors 
                identified in the most recent Intermodal Freight 
                Connectors study of the Federal Highway Administration 
                within the boundaries of a State; bears to
                  (B) the total number of such connectors within the 
                boundaries of all the States.
          (2) 33.3 percent in the ratio that--
                  (A) the total of each State's annual contributions to 
                the Highway Trust Fund (other than the Mass Transit 
                Account) attributable to commercial motor vehicles; 
                bears to
                  (B) the total of such annual contributions by all 
                States.
          (3) 33.4 percent in the same ratios as funds are apportioned 
        for the National Highway System under clauses (i), (ii), (iii), 
        and (iv) of section 104(b)(1)(A) of title 23, United States 
        Code.
  (f) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost of a project 
under this section shall be 80 percent.
  (g) Update Report.--Not later than August 1, 2005, the Secretary 
shall publish an update to the report entitled ``Pulling Together: the 
National Highway System and its Connections to Major Intermodal 
Terminals''.
  (h) Definitions.--In this section, the following definitions apply:
          (1) Freight intermodal connectors.--The term ``freight 
        intermodal connector'' means the roadway that connects to an 
        intermodal freight facility that carries or will carry 
        intermodal traffic.
          (2) Intermodal freight facility.--The term ``intermodal 
        freight facility'' means a port, airport, truck-rail terminal, 
        and pipeline-truck terminal.
          (3) State.--The term ``State'' has the meaning such term has 
        in section 101(a) of title 23, United States Code.

SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

  (a) Findings.--Congress finds the following:
          (1) Under current law, surface transportation programs rely 
        primarily on formula capital apportionments to States.
          (2) Despite the significant increase for surface 
        transportation program funding in the Transportation Equity Act 
        of the 21st Century, current levels of investment are 
        insufficient to fund critical high-cost transportation 
        infrastructure facilities that address critical national 
        economic and transportation needs.
          (3) Critical high-cost transportation infrastructure 
        facilities often include multiple levels of government, 
        agencies, modes of transportation, and transportation goals and 
        planning processes that are not easily addressed or funded 
        within existing surface transportation program categories.
          (4) Projects of national and regional significance have 
        national and regional benefits, including improving economic 
        productivity by facilitating international trade, relieving 
        congestion, and improving transportation safety by facilitating 
        passenger and freight movement.
          (5) The benefits of such projects described in paragraph (4) 
        accrue to local areas, States, and the Nation as a result of 
        the effect such projects have on the national transportation 
        system.
          (6) A program dedicated to constructing projects of national 
        and regional significance is necessary to improve the safe, 
        secure, and efficient movement of people and goods throughout 
        the United States and improve the health and welfare of the 
        national economy.
  (b) Establishment of Program.--The Secretary shall establish a 
program to provide grants to qualified entities for projects of 
national and regional significance.
  (c) Definitions.--
          (1) Eligible project costs.--The term ``eligible project 
        costs'' means the costs of--
                  (A) development phase activities, including planning, 
                feasibility analysis, revenue forecasting, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities; and
                  (B) construction, reconstruction, rehabilitation, and 
                acquisition of real property (including land related to 
                the project and improvements to land), environmental 
                mitigation, construction contingencies, acquisition of 
                equipment, and operational improvements.
          (2) Eligible project.--The term ``eligible project'' means 
        any surface transportation project eligible for Federal 
        assistance under title 23, United States Code, including 
        freight railroad projects and activities eligible under such 
        title.
          (3) Qualified entity.--The term ``qualified entity'' means a 
        State as defined in section 101(a) of title 23, United States 
        Code.
  (d) Eligibility.--To be eligible for assistance under this section, a 
project shall have eligible project costs that are reasonably 
anticipated to equal or exceed the lesser of--
          (1) $500,000,000; or
          (2) 75 percent of the amount of Federal highway assistance 
        funds apportioned for the most recently completed fiscal year 
        to the State in which the project is located.
  (e) Applications.--Each qualified entity seeking to receive a grant 
under this section for an eligible project shall submit to the 
Secretary an application in such form and in accordance with such 
requirements as the Secretary shall establish.
  (f) Competitive Grant Selection and Criteria for Grants.--
          (1) In general.--The Secretary shall--
                  (A) establish criteria for selecting among projects 
                that meet the eligibility criteria specified in 
                subsection (d);
                  (B) conduct a national solicitation for applications; 
                and
                  (C) award grants on a competitive basis.
          (2) Criteria for grants.--The Secretary may approve a grant 
        under this section for a project only if the Secretary 
        determines that the project--
                  (A) is based on the results of preliminary 
                engineering;
                  (B) is justified based on the project's ability--
                          (i) to generate national economic benefits, 
                        including creating jobs, expanding business 
                        opportunities, and impacting the gross domestic 
                        product;
                          (ii) to reduce congestion, including impacts 
                        in the State, region, and Nation;
                          (iii) to improve transportation safety, 
                        including reducing transportation accidents, 
                        injuries, and fatalities;
                          (iv) to otherwise enhance the national 
                        transportation system; and
                          (v) to garner support for non-Federal 
                        financial commitments and provide evidence of 
                        stable and dependable financing sources to 
                        construct, maintain, and operate the 
                        infrastructure facility; and
                  (C) is supported by an acceptable degree of non-
                Federal financial commitments, including evidence of 
                stable and dependable financing sources to construct, 
                maintain, and operate the infrastructure facility.
          (3) Selection considerations.--In selecting a project under 
        this section, the Secretary shall consider the extent to which 
        the project--
                  (A) leverages Federal investment by encouraging non-
                Federal contributions to the project, including 
                contributions from public-private partnerships;
                  (B) uses new technologies, including intelligent 
                transportation systems, that enhance the efficiency of 
                the project.
                  (C) helps maintain or protect the environment.
          (4) Preliminary engineering.--In evaluating a project under 
        paragraph (2)(A), the Secretary shall analyze and consider the 
        results of preliminary engineering for the project.
          (5) Non-federal financial commitment.--
                  (A) Evaluation of project.--In evaluating a project 
                under paragraph (2)(C), the Secretary shall require 
                that--
                          (i) the proposed project plan provides for 
                        the availability of contingency amounts that 
                        the Secretary determines to be reasonable to 
                        cover unanticipated cost increases; and
                          (ii) each proposed non-Federal source of 
                        capital and operating financing is stable, 
                        reliable, and available within the proposed 
                        project timetable.
                  (B) Considerations.--In assessing the stability, 
                reliability, and availability of proposed sources of 
                non-Federal financing under subparagraph (A), the 
                Secretary shall consider--
                          (i) existing financial commitments;
                          (ii) the degree to which financing sources 
                        are dedicated to the purposes proposed;
                          (iii) any debt obligation that exists or is 
                        proposed by the recipient for the proposed 
                        project; and
                          (iv) the extent to which the project has a 
                        non-Federal financial commitment that exceeds 
                        the required non-Federal share of the cost of 
                        the project.
          (6) Regulations.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary shall issue regulations on 
        the manner in which the Secretary will evaluate and rate the 
        projects based on the results of preliminary engineering, 
        project justification, and the degree of non-Federal financial 
        commitment, as required under this subsection.
          (7) Project evaluation and rating.--A proposed project may 
        advance from preliminary engineering to final design and 
        construction only if the Secretary finds that the project meets 
        the requirements of this subsection and there is a reasonable 
        likelihood that the project will continue to meet such 
        requirements. In making such findings, the Secretary shall 
        evaluate and rate the project as ``highly recommended'', 
        ``recommended'', or ``not recommended'' based on the results of 
        preliminary engineering, the project justification criteria, 
        and the degree of non-Federal financial commitment, as required 
        under this subsection. In rating the projects, the Secretary 
        shall provide, in addition to the overall project rating, 
        individual ratings for each of the criteria established under 
        the regulations issued under paragraph (6).
  (g) Letters of Intent and Full Funding Grant Agreements.--
          (1) Letter of intent.--
                  (A) In general.--The Secretary may issue a letter of 
                intent to an applicant announcing an intention to 
                obligate, for a project under this section, an amount 
                from future available budget authority specified in law 
                that is not more than the amount stipulated as the 
                financial participation of the Secretary in the 
                project.
                  (B) Notification.--At least 60 days before issuing a 
                letter under subparagraph (A) or entering into a full 
                funding grant agreement, the Secretary shall notify in 
                writing the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Environment and Public Works of the Senate 
                of the proposed letter or agreement. The Secretary 
                shall include with the notification a copy of the 
                proposed letter or agreement as well as the evaluations 
                and ratings for the project.
                  (C) Not an obligation.--The issuance of a letter is 
                deemed not to be an obligation under sections 1108(c) 
                and (d), 1501, and 1502(a) of title 31, United States 
                Code, or an administrative commitment.
                  (D) Obligation or commitment.--An obligation or 
                administrative commitment may be made only when 
                contract authority is allocated to a project.
          (2) Full funding grant agreement.--
                  (A) In general.--A project financed under this 
                subsection shall be carried out through a full funding 
                grant agreement. The Secretary shall enter into a full 
                funding grant agreement based on the evaluations and 
                ratings required under subsection (f)(7).
                  (B) Terms.--If the Secretary makes a full funding 
                grant agreement with an applicant, the agreement 
                shall--
                          (i) establish the terms of participation by 
                        the United States Government in a project under 
                        this section;
                          (ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          (iii) cover the period of time for completing 
                        the project, including a period extending 
                        beyond the period of an authorization; and
                          (iv) make timely and efficient management of 
                        the project easier according to the laws of the 
                        United States.
                  (C) Agreement.--An agreement under this paragraph 
                obligates an amount of available budget authority 
                specified in law and may include a commitment, 
                contingent on amounts to be specified in law in advance 
                for commitments under this paragraph, to obligate an 
                additional amount from future available budget 
                authority specified in law. The agreement shall state 
                that the contingent commitment is not an obligation of 
                the Government. Interest and other financing costs of 
                efficiently carrying out a part of the project within a 
                reasonable time are a cost of carrying out the project 
                under a full funding grant agreement, except that 
                eligible costs may not be more than the cost of the 
                most favorable financing terms reasonably available for 
                the project at the time of borrowing. The applicant 
                shall certify, in a way satisfactory to the Secretary, 
                that the applicant has shown reasonable diligence in 
                seeking the most favorable financing terms.
          (3) Amounts.--The total estimated amount of future 
        obligations of the Government and contingent commitments to 
        incur obligations covered by all outstanding letters of intent 
        and full funding grant agreements may be not more than the 
        greater of the amount authorized to carry out this section or 
        an amount equivalent to the last 2 fiscal years of funding 
        authorized to carry out this section less an amount the 
        Secretary reasonably estimates is necessary for grants under 
        this section not covered by a letter. The total amount covered 
        by new letters and contingent commitments included in full 
        funding grant agreements may be not more than a limitation 
        specified in law.
  (h) Grant Requirements.--
          (1) In general.--A grant for a project under this section 
        shall be subject to all of the requirements of title 23, United 
        States Code, and chapter 52 of title 49, United States Code.
          (2) Other terms and conditions.--The Secretary shall require 
        that all grants under this section be subject to all terms, 
        conditions, and requirements that the Secretary decides are 
        necessary or appropriate for purposes of this section, 
        including requirements for the disposition of net increases in 
        value of real property resulting from the project assisted 
        under this section.
  (i) Government's Share of Project Cost.--Based on engineering 
studies, studies of economic feasibility, and information on the 
expected use of equipment or facilities, the Secretary shall estimate 
the cost of a project receiving assistance under this section. A grant 
for the project is for 80 percent of the project cost, unless the grant 
recipient requests a lower grant percentage. A refund or reduction of 
the remainder may be made only if a refund of a proportional amount of 
the grant of the Government is made at the same time.
  (j) Fiscal Capacity Considerations.--If the Secretary gives priority 
consideration to financing projects that include more than the non-
Government share required under subsection (i) the Secretary shall give 
equal consideration to differences in the fiscal capacity of State and 
local governments.
  (k) Reports.--
          (1) Annual report.--Not later than the first Monday in 
        February of each year, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report that includes a proposal on the 
        allocation of amounts to be made available to finance grants 
        under this section.
          (2) Recommendations on funding.--The annual report under this 
        paragraph shall include evaluations and ratings, as required 
        under subsection (f). The report shall also include 
        recommendations of projects for funding based on the 
        evaluations and ratings and on existing commitments and 
        anticipated funding levels for the next 3 fiscal years and for 
        the next 10 fiscal years based on information currently 
        available to the Secretary.
  (l) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost of a project 
under this section shall be as provided in this section.

SEC. 1305. DEDICATED TRUCK LANES.

  (a) In General.--The Secretary shall establish and implement a pilot 
program to make allocations to States for the construction of projects 
that separate commercial truck traffic from other motor vehicle 
traffic. A State must submit an application to the Secretary in order 
to receive an allocation under this section.
  (b) Selection Process.--
          (1) Priority.--In the selection process under this section, 
        the Secretary shall give priority to projects that provide 
        additional capacity.
          (2) Selection factors.--In making allocations under this 
        section, the Secretary shall consider the following factors:
                  (A) The extent to which the project will improve the 
                safe and efficient movement of freight.
                  (B) The extent to which the project provides positive 
                separation of commercial trucks from other motor 
                vehicle traffic.
                  (C) The extent to which the project connects an 
                intermodal freight facility or an international port of 
                entry to the Dwight D. Eisenhower National System of 
                Interstate and Defense Highways by providing limited 
                access lanes that allow commercial truck traffic to 
                enter the Interstate System at the posted speed limit.
                  (D) The extent to which the project will remove truck 
                traffic from surface streets.
                  (E) The extent to which travel time is expected to be 
                reduced as a result of the proposed project.
                  (F) The extent of leveraging of Federal funds 
                provided to carry out this section, including--
                          (i) use of innovative financing;
                          (ii) combination with funding provided under 
                        other sections of this Act and title 23, United 
                        States Code; and
                          (iii) combination with other sources of 
                        Federal, State, local, or private funding.
  (c) Federal Share.--The Federal share of the cost of a project under 
this section shall be determined in accordance with section 120(b) of 
title 23, United States Code.
  (d) Applicability of Title 23.--Except as provided in subsection (d), 
funds made available by section 1101(a)(22) of this Act to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code.
  (e) Definitions.--In this section the following definitions apply:
          (1) Commercial truck.--The term ``commercial truck'' means a 
        self-propelled or towed vehicle used on highways in commerce 
        principally to transport cargo if the vehicle has a gross 
        vehicle weight rating or gross vehicle weight of at least 
        10,001 pounds, whichever is greater.
          (2) State.--The term ``State'' has the meaning such term has 
        under section 101 of title 23, United States Code.

SEC. 1306. TRUCK PARKING FACILITIES.

  (a) Establishment.--In cooperation with appropriate State, regional, 
and local governments, the Secretary shall establish a pilot program to 
address the shortage of long-term parking for commercial motor vehicles 
on the National Highway System.
  (b) Allocation of Funds.--
          (1) In general.--The Secretary shall allocate funds made 
        available to carry out this section among States, metropolitan 
        planning organizations, and local governments.
          (2) Applications.--To be eligible for an allocation under 
        this section, a State, metropolitan planning organization, or 
        local government shall submit to the Secretary an application 
        at such time and containing such information as the Secretary 
        may require.
          (3) Eligible projects.--Funds allocated under this subsection 
        shall be used by the recipient for projects described in an 
        application approved by the Secretary. Such projects shall 
        serve the National Highway System and may include the 
        following:
                  (A) Constructing safety rest areas, as defined in 
                section 120(c) of title 23, United States Code, that 
                include parking for commercial motor vehicles.
                  (B) Constructing commercial motor vehicle parking 
                facilities adjacent to commercial truck stops and 
                travel plazas.
                  (C) Opening existing facilities to commercial motor 
                vehicle parking, including inspection and weigh 
                stations and park-and-ride facilities.
                  (D) Promoting the availability of publicly or 
                privately provided commercial motor vehicle parking on 
                the National Highway System using intelligent 
                transportation systems and other means.
                  (E) Constructing turnouts along the National Highway 
                System for commercial motor vehicles.
                  (F) Making capital improvements to public commercial 
                motor vehicle parking facilities currently closed on a 
                seasonal basis to allow the facilities to remain open 
                year-round.
                  (G) Improving the geometric design of interchanges on 
                the National Highway System to improve access to 
                commercial motor vehicle parking facilities.
          (4) Priority.--In allocating funds made available to carry 
        out this section, the Secretary shall give priority to 
        applicants that--
                  (A) demonstrate a severe shortage of commercial motor 
                vehicle parking capacity in the corridor to be 
                addressed;
                  (B) have consulted with affected State and local 
                governments, community groups, private providers of 
                commercial motor vehicle parking, and motorist and 
                trucking organizations; and
                  (C) demonstrate that their proposed projects are 
                likely to have positive effects on highway safety, 
                traffic congestion, or air quality.
  (c) Funding.--
          (1) In general.--There is authorized to be appropriated from 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $5,000,000 for each of fiscal years 2005 
        through 2009.
          (2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1 of title 23, 
        United States Code.
  (d) Report to Congress.--Not later than 5 years after the date of 
enactment of this Act, the Secretary shall transmit to Congress a 
report on the results of the pilot program.
  (e) Federal Share.--The Federal share of the cost of a project 
carried out using amounts made available under this section shall be 
determined in accordance with sections 120(b) and 120(c) of title 23, 
United States Code.
  (f) Applicability of Title 23.--Notwithstanding any other provision 
of law, projects funded under this section shall be treated as projects 
on a Federal-aid system under chapter 1 of title 23, United States 
Code.

                       Subtitle D--Highway Safety

SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

  (a) Safety Improvement Project Defined.--Section 101(a)(30) of title 
23, United States Code, is amended by inserting ``installs fluorescent, 
yellow-green signs at pedestrian or bicycle crossings or school 
zones,'' after ``call boxes,''.
  (b) Operation Lifesaver.--Section 104(d)(1) of such title is 
amended--
          (1) by striking ``subsection (b)(3) of this section'' and 
        inserting ``section 130(f)''; and
          (2) by striking ``$500,000'' and inserting ``$600,000''.
  (c) Railway-Highway Crossing Hazard Elimination in High Speed Rail 
Corridors.--
          (1) In general.--Section 104(d)(2) of such title is amended--
                  (A) in subparagraph (A) by striking ``$5,250,000'' 
                and inserting ``$7,500,000 for each of fiscal years 
                2004 and 2005, $10,000,000 for each of fiscal years 
                2006 and 2007, and $15,000,000 for each of fiscal years 
                2008 and 2009''; and
                  (B) in subparagraph (E)--
                          (i) by striking ``Not less than $250,000 of 
                        such set-aside'' and inserting ``Of such set-
                        aside, not less than $875,000 for each of 
                        fiscal years 2004 and 2005, $1,500,000 for each 
                        of fiscal years 2006 and 2007, and $2,750,000 
                        for each of fiscal years 2008 and 2009''; and
                          (ii) by striking ``per fiscal year''.
          (2) Designation of corridors.--Of the rail corridors selected 
        by the Secretary in accordance with section 104(d)(2) of title 
        23, United States Code--
                  (A) the Northern New England High Speed Rail Corridor 
                is expanded to include the train routes from Boston, 
                Massachusetts, to Albany, New York, and from 
                Springfield, Massachusetts, to New Haven, Connecticut; 
                and
                  (B) the South Central Corridor is expanded to include 
                the train route from Killeen, Texas, to Houston, Texas, 
                via Bryan-College Station.
  (d) Railway-Highway Crossings.--
          (1) Funds for protective devices.--Section 130(e) of such 
        title is amended--
                  (A) by striking ``At'' and inserting the following:
          ``(1) In general.--At''; and
                  (B) by adding at the end the following:
          ``(2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met all its 
        needs for installation of protective devices at railway-highway 
        crossings, the State may use funds made available by this 
        subsection for other purposes by this section.''.
          (2) Apportionment.--Section 130(f) of such title is amended 
        to read as follows:
  ``(f) Apportionment.--
          ``(1) Formula.--Fifty percent of the funds authorized to be 
        appropriated to carry out this section shall be apportioned to 
        the States in accordance with the formula set forth in section 
        104(b)(3)(A), and 50 percent of such funds shall be apportioned 
        to the States in the ratio that total public railway-highway 
        crossings in each State bears to the total of such crossings in 
        all States.
          ``(2) Minimum apportionment.--Notwithstanding paragraph (1), 
        each State shall receive a minimum of \1/2\ of 1 percent of the 
        funds apportioned under paragraph (1).
          ``(3) Federal share.--The Federal share payable on account of 
        any project financed with funds authorized to be appropriated 
        to carry out this section shall be 90 percent of the cost 
        thereof.''.
          (3) Biennial report to congress.--The third sentence of 
        section 130(g) of such title is amended by striking ``not later 
        than April 1 of each year,'' and inserting ``, not later than 
        April 1, 2006, and every 2 years thereafter,''.
          (4) Expenditure of funds.--Section 130 of such title is 
        further amended by adding at the end the following:
  ``(k) Expenditure of Funds.--Not more than 2 percent of funds 
apportioned to a State to carry out this section may be used by the 
State for compilation and analysis of data in support of activities 
carried out under subsection (g).''.
  (e) Surface Transportation Program.--
          (1) In general.--Section 133(d) of such title is amended--
                  (A) by striking paragraph (1); and
                  (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively; and
                  (C) in paragraph (2) (as so redesignated)--
                          (i) in subparagraph (A) by striking ``80 
                        percent'' and inserting ``90 percent'';
                          (ii) in subparagraph (B) by striking ``tobe'' 
                        and inserting ``to be''; and
                          (iii) in subparagraph (D) by adding a period 
                        at the end.
          (2) Conforming amendments.--
                  (A) Section 133.--Section 133(e) is amended by 
                striking ``(d)(2)'' and inserting ``(d)(1)'' in each of 
                paragraphs (3)(B)(i), (5)(A), and (5)(B).
                  (B) Section 126.--Section 126(b) of such title is 
                amended--
                          (i) by striking ``to the last sentence of 
                        section 133(d)(1) or'';
                          (ii) by striking ``section 133(d)(3)'' and 
                        inserting ``section 133(d)(2)''; and
                          (iii) by striking ``or 133(d)(2)''.
  (f) Hazard Elimination Program.--
          (1) Purposes.--Section 152(a)(1) of such title is amended--
                  (A) by striking ``and'' after ``bicyclists,''; and
                  (B) by inserting after ``pedestrians,'' the 
                following: ``and the disabled, identify roadway safety 
                improvement needs for such locations, sections, and 
                elements,''.
          (2) Hazards.--Section 152(a)(2)(A) of such title is amended 
        by inserting ``the disabled,'' after ``pedestrians,''.
          (3) Approval of projects.--Section 152(b) of such title is 
        amended by inserting before the period at the end the 
        following: ``that reduces the likelihood of crashes involving 
        road departures, intersections, pedestrians, the disabled, 
        bicyclists, older drivers, or construction work zones''.
          (4) Expenditure of funds.--Section 152(c) of such title is 
        amended--
                  (A) in paragraph (2) by striking ``or'' at the end;
                  (B) in paragraph (3) by striking the period at the 
                end and inserting a semicolon; and
                  (C) by adding at the end the following:
          ``(4) police assistance for traffic and speed management in 
        construction work zones;
          ``(5) installation of barriers between construction work 
        zones and traffic lanes for the safety of motorists and 
        workers;
          ``(6) installation of protective devices at railway-highway 
        crossings; and
          ``(7) compilation and analysis of data under subsections (f) 
        and (g) if the funds used for this purpose by a State do not 
        exceed 2 percent of the amount apportioned to such State to 
        carry out this section.''.
          (5) Apportionment.--Section 152(d) of such title is amended 
        to read as follows:
  ``(d) Apportionment.--
          ``(1) Formula.--Funds authorized to be appropriated to carry 
        out this section shall be apportioned to the States in 
        accordance with the formula set forth in section 104(b)(3)(A).
          ``(2) Minimum apportionment.--Notwithstanding paragraph (1), 
        each State shall receive a minimum of \1/2\ of 1 percent of the 
        funds apportioned under paragraph (1).
          ``(3) Federal share.--The Federal share payable on account of 
        any project financed with funds authorized to be appropriated 
        to carry out this section shall be 90 percent of the cost 
        thereof.''.
          (6) Biennial report to congress.--
                  (A) In general.--Section 152 of such title is amended 
                by adding at the end the following:
  ``(i) Biennial Report to Congress.--Not later than 2 years after the 
date of enactment of this subsection, and every 2 years thereafter, the 
Secretary shall transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on the results of 
the program under this section. The report shall include, at a minimum, 
the following:
          ``(1) A summary of State projects completed under this 
        section categorized by the types of hazards and a statement of 
        the cost of such projects.
          ``(2) An analysis of the effectiveness of such categories of 
        projects in reducing the number and severity of crashes at high 
        hazard locations.
          ``(3) An assessment of the adequacy of authorized funding for 
        the program and State use of such funding to address the 
        national need for such projects.
          ``(4) Recommendations for funding and program improvements to 
        reduce the number of high hazard locations.
          ``(5) An analysis and evaluation of each State program, an 
        identification of any State found not to be in compliance with 
        the schedule of improvements required by subsection (a), and 
        recommendations for future implementation of the hazard 
        elimination program.''.
                  (B) Conforming amendment.--Section 152(g) of such 
                title is amended by striking the third sentence through 
                the last sentence.
  (g) Effective Date.--The amendments made by subsections (b)(1), (d), 
(e), and (f) shall take effect on September 30, 2005.

SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW OF VEHICULAR TRAFFIC.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall issue regulations to decrease the likelihood of worker 
injury and maintain the free flow of vehicular traffic by requiring 
workers whose duties place them on or in close proximity to a Federal-
aid highway (as defined in section 101 of title 23, United States Code) 
to wear high visibility garments. Such regulations may also require 
such other worker-safety measures for workers with those duties as the 
Secretary determines appropriate.

SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT PROGRAM.

  (a) Establishment.--The Secretary shall establish and implement a 
high risk rural road safety improvement program in accordance with this 
section.
  (b) Eligible Projects.--
          (1) In general.--Except as provided in paragraph (2), a State 
        may obligate funds apportioned to it under this section only 
        for construction and operational improvement projects on high 
        risk rural roads and only if the primary purpose of the project 
        is to improve highway safety on a high risk rural road.
          (2) Special rule.--A State may use funds apportioned to it 
        under this section for any project approved by the Secretary 
        under section 152 of title 23, United States Code, if the State 
        certifies to the Secretary that it has no projects described in 
        paragraph (1).
  (c) State Allocation System.--Each State shall establish a system for 
allocating funds apportioned to it under this section among projects 
eligible for assistance under this section that have the highest 
benefits to highway safety. Such system may include a safety management 
system established by the State under section 303 of title 23, United 
States Code, or a survey established pursuant to section 152(a) of such 
title.
  (d) Apportionment of Funds.--On October 1 of each fiscal year, the 
Secretary shall apportion among States sums authorized to be 
appropriated to carry out this section for such fiscal year as follows:
          (1) \1/3\ in the ratio that--
                  (A) each State's public road lane mileage for rural 
                minor collectors and rural local roads; bears to
                  (B) the total public road lane mileage for rural 
                minor collectors and rural local roads of all States.
          (2) \1/3\ in the ratio that--
                  (A) the population of areas other than urbanized 
                areas in each State, as shown by the most recent 
                Government decennial census of population; bears to
                  (B) the population of all areas other than urbanized 
                areas in the United States, as shown by that census.
          (3) \1/3\ in the ratio that--
                  (A) the total vehicle miles traveled on public roads 
                in each State; bears to
                  (B) the total number of vehicle miles traveled on 
                public roads in all States.
  (e) Applicability of Title 23.--Funds made available to carry out 
this section shall be available for obligation in the same manner as if 
such funds were apportioned under chapter 1 of title 23, United States 
Code; except that such funds shall not be transferable and shall remain 
available until expended and the Federal share of the cost of a project 
under this section shall be 80 percent. Notwithstanding any other 
provision of law, projects assisted under this section shall be treated 
as projects on a Federal-aid system under such chapter.
  (f) Definitions.--In this section, the following definitions apply:
          (1) High risk rural road.--The term ``high risk rural road'' 
        means any roadway functionally classified as a rural major or 
        minor collector or a rural local road--
                  (A) on which the accident rate for fatalities and 
                incapacitating injuries exceeds the statewide average 
                for these functional classes of roadway; or
                  (B) which will likely have increases in traffic 
                volume that are likely to create an accident rate for 
                fatalities and incapacitating injuries that exceeds the 
                statewide average for these functional classes of 
                roadway.
          (2) State and urbanized area.--The terms ``State'' and 
        ``urbanized area'' have the meaning such terms have under 
        section 101(a) of title 23, United States Code.

SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY PROGRAMS.

  (a) Use of Safety Belts and Motorcycle Helmets.--Section 153(h) of 
title 23, United States Code, is amended--
          (1) in paragraph (2)--
                  (A) in the paragraph heading by striking 
                ``Thereafter.--'' and inserting ``Fiscal years 1995-
                2004.--''; and
                  (B) by inserting ``and ending before October 1, 
                2004,'' after ``September 30, 1994,'';
          (2) by redesignating paragraphs (3) through (5) as paragraphs 
        (4) through (6), respectively;
          (3) by inserting after paragraph (2) the following:
          ``(3) Fiscal year 2005 and thereafter.--On October 1, 2004, 
        and each October 1 thereafter, if a State does not have in 
        effect a law described in subsection (a)(2), the Secretary 
        shall transfer from the funds apportioned to the State on that 
        date under each of subsections (b)(1), (b)(2), and (b)(3) of 
        section 104 to the apportionment of the State under section 402 
        an amount equal to 3 percent of the funds apportioned to the 
        State under such subsections for fiscal year 2003.''; and
          (4) in paragraph (5) (as so redesignated)--
                  (A) by striking ``which is determined by 
                multiplying'' and inserting ``which, for fiscal year 
                2005 and each fiscal year thereafter, is determined by 
                multiplying''; and
                  (B) in subparagraph (B) by striking ``such fiscal 
                year'' each place it appears and inserting ``fiscal 
                year 2003''.
  (b) Open Container Requirements.--Section 154(c) of title 23, United 
States Code, is amended--
          (1) in paragraph (2)--
                  (A) in the paragraph heading by striking ``fiscal 
                years thereafter'' and inserting ``fiscal year 2004'' ; 
                and
                  (B) by striking ``and each October 1 thereafter,'';
          (2) by redesignating paragraphs (3) through (7) as paragraphs 
        (4) through (8), respectively;
          (3) by inserting after paragraph (2) the following:
          ``(3) Fiscal year 2005 and thereafter.--On October 1, 2004, 
        and each October 1 thereafter, if a State has not enacted or is 
        not enforcing an open container law described in subsection 
        (b), the Secretary shall transfer from the funds apportioned to 
        the State on that date under each of paragraphs (1), (3), and 
        (4) of section 104(b) an amount equal to 3 percent of the funds 
        apportioned to the State under such paragraphs for fiscal year 
        2003 to be used or directed as described in subparagraph (A) or 
        (B) of paragraph (1).'';
          (4) in paragraph (5) (as so redesignated) by striking 
        ``paragraph (3)'' and inserting ``paragraph (4)'';
          (5) in paragraphs (4), (5), and (6) (as so redesignated) by 
        striking ``paragraph (1) or (2)'' and inserting ``paragraph 
        (1), (2), or (3)''; and
          (6) in paragraph (7)(B) (as so redesignated)--
                  (A) by striking ``The amount'' and inserting ``For 
                fiscal year 2005 and each fiscal year thereafter, the 
                amount''; and
                  (B) in subclauses (I) and (II) of clause (ii) by 
                striking ``the fiscal year'' and inserting ``fiscal 
                year 2003''.
  (c) Minimum Penalties for Certain Repeat Offenders.--Section 164(b) 
of title 23, United States Code, is amended--
          (1) in paragraph (2)--
                  (A) in the paragraph heading by striking ``and fiscal 
                years thereafter'' and inserting ``fiscal year 2004'' ; 
                and
                  (B) by striking ``and each October 1 thereafter,'';
          (2) by redesignating paragraphs (3) through (7) as paragraphs 
        (4) through (8), respectively;
          (3) by inserting after paragraph (2) the following:
          ``(3) Fiscal year 2005 and thereafter.--On October 1, 2004, 
        and each October 1 thereafter, if a State has not enacted or is 
        not enforcing a repeat intoxicated driver law, the Secretary 
        shall transfer from the funds apportioned to the State on that 
        date under each of paragraphs (1), (3), and (4) of section 
        104(b) an amount equal to 3 percent of the funds apportioned to 
        the State under such paragraphs for fiscal year 2003 to be used 
        or directed as described in subparagraph (A) or (B) of 
        paragraph (1).'';
          (4) in paragraph (5) (as so redesignated) by striking 
        ``paragraph (3)'' and inserting ``paragraph (4)'';
          (5) in paragraphs (4), (5), and (6) (as so redesignated) by 
        striking ``paragraph (1) or (2)'' and inserting ``paragraph 
        (1), (2), or (3)''; and
          (6) in paragraph (7)(B) (as so redesignated)--
                  (A) by striking ``The amount'' and inserting ``For 
                fiscal year 2005 and each fiscal year thereafter, the 
                amount''; and
                  (B) in subclauses (I) and (II) of clause (ii) by 
                striking ``the fiscal year'' and inserting ``fiscal 
                year 2003''.

SEC. 1405. SAFETY INCENTIVE GRANTS FOR USE OF SEAT BELTS.

  Section 157(g)(1) of title 23, United States Code, is amended by 
striking ``for fiscal year 2004'' and all that follows through ``2005'' 
and inserting ``and for each of fiscal years 2003, 2004, and 2005''.

SEC. 1406. SAFETY INCENTIVES TO PREVENT OPERATION OF MOTOR VEHICLES BY 
                    INTOXICATED PERSONS.

  (a) Codification of Penalty.--Section 163 of title 23, United States 
Code, is amended--
          (1) by redesignating subsection (e) as subsection (f); and
          (2) by inserting after subsection (d) the following:
  ``(e) Penalty.--
          ``(1) In general.--On October 1, 2003, and October 1 of each 
        fiscal year thereafter, if a State has not enacted or is not 
        enforcing a law described in subsection (a), the Secretary 
        shall withhold from amounts apportioned to the State on that 
        date under each of paragraphs (1), (3), and (4) of section 
        104(b) an amount equal to the amount specified in paragraph 
        (2).
          ``(2) Amount to be withheld.--If a State is subject to a 
        penalty under paragraph (1), the Secretary shall withhold for a 
        fiscal year from the apportionments of the State described in 
        paragraph (1) an amount equal to a percentage of the funds 
        apportioned to the State under paragraphs (1), (3), and (4) of 
        section 104(b) for fiscal year 2003. The percentage shall be as 
        follows:
                  ``(A) For fiscal year 2004, 2 percent.
                  ``(B) For fiscal year 2005, 4 percent.
                  ``(C) For fiscal year 2006, 6 percent.
                  ``(D) For fiscal year 2007, and each fiscal year 
                thereafter, 8 percent.
          ``(3) Failure to comply.--If, within 4 years from the date 
        that an apportionment for a State is withheld in accordance 
        with this subsection, the Secretary determines that the State 
        has enacted and is enforcing a law described in subsection (a), 
        the apportionment of the State shall be increased by an amount 
        equal to the amount withheld. If, at the end of such 4-year 
        period, any State has not enacted or is not enforcing a law 
        described in subsection (a) any amounts so withheld from such 
        State shall lapse.''.
  (b) Authorization of Appropriations.--Section 163(f)(1) of such 
title, as redesignated by subsection (a)(1) of this section, is amended 
by striking ``for fiscal year 2004'' and all that follows through 
``2005'' and inserting ``and for each of fiscal years 2004 and 2005''.
  (c) Repeal.--Section 351 of the Department of Transportation and 
Related Agencies Appropriations Act, 2001 (23 U.S.C. 163 note; 114 
Stat. 1356A-34) is repealed.

SEC. 1407. REPEAT OFFENDERS FOR DRIVING WHILE INTOXICATED.

  Section 164(a)(5)(A) of title 23, United States Code, is amended to 
read as follows:
                  ``(A) receive (i) a driver's license suspension for 
                not less than 1 year, or (ii) a combination of 
                suspension of all driving privileges of an individual 
                for the first 45 days of the suspension period followed 
                by a reinstatement of limited driving privileges for 
                the propose of getting to and from work, school, or an 
                alcohol treatment program if an ignition interlock 
                device is installed on each of the motor vehicles owned 
                or operated, or both, by the individual;''.

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

  (a) Rulemaking Proceeding.--The Secretary shall conduct a rulemaking 
proceeding to determine the appropriate conditions under which a State 
when choosing to repair or replace damaged highway features on the 
National Highway System with State funds (rather than with available 
Federal financial assistance) should be required to repair or replace 
such features with highway features that have been tested, evaluated, 
and found to be acceptable under the guidelines contained in the report 
of the Transportation Research Board of the National Research Council 
entitled ``NCHRP Report 350-Recommended Procedures for the Safety 
Performance Evaluation of Highway Features''.
  (b) Matters to Be Considered.--The rulemaking proceeding shall cover 
those highway features that are covered by the guidelines referred to 
in subsection (a). The conditions to be considered by the Secretary in 
the rulemaking proceeding shall include types of highway features, 
cost-effectiveness, and practicality of replacement with highway 
features that have been found to be acceptable under such guidelines.
  (c) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall issue regulations regarding the 
conditions under which States when choosing to repair or replace 
damaged highway features described in subsection (a) will be required 
to repair or replace such features with highway features that have been 
tested, evaluated, and found to be acceptable as described in 
subsection (a).

           Subtitle E--Construction and Contract Efficiencies

SEC. 1501. DESIGN-BUILD.

  (a) Qualified Projects.--Section 112(b)(3)(C) of title 23, United 
States Code, is amended to read as follows:
                  ``(C) Qualified projects.--A qualified project 
                referred to in subparagraph (A) is a project under this 
                chapter for which the Secretary has approved the use of 
                design-build contracting under criteria specified in 
                regulations issued by the Secretary.''.
  (b) Experimental Procurement.--Section 112(b)(3) of such title is 
further amended--
          (1) by redesigning subparagraph (D) as subparagraph (G); and
          (2) by inserting after subparagraph (C) the following:
                  ``(D) Experimental procurement.--As part of any 
                experimental program carried out under this section, 
                the Secretary shall evaluate the use of procurement 
                procedures under this paragraph where subjective 
                evaluation criteria account for the majority of the 
                selection determination.
                  ``(E) Limitation on statutory construction.--Nothing 
                in this section shall be construed as effecting the 
                authority to carry out any experimental program 
                concerning design-build contracting that is being 
                carried out by the Secretary on the date of enactment 
                of this subparagraph.
                  ``(F) Report.--Not later than 3 years after the date 
                of enactment of this subparagraph, the Secretary shall 
                transmit to Congress a report on the effectiveness of 
                design-build contracting procedures in which the 
                majority of the selection determinations are made based 
                on subjective criteria in accordance with subparagraph 
                (D).''.

SEC. 1502. WARRANTY HIGHWAY CONSTRUCTION PROJECT PILOT PROGRAM.

  (a) In General.--The Secretary shall establish and implement a pilot 
program designed to encourage States to incorporate warranties in the 
letting of contracts for highway construction projects.
  (b) Maximum Number of Projects.--The Secretary may allow not more 
than 15 projects a year to be carried out under the pilot program.
  (c) Federal Share.--The Federal share of the costs of a project under 
the pilot program may not exceed 90 percent.
  (d) Minimum Project Cost.--The estimated total cost of a project to 
be carried out under the pilot program must be greater than 
$15,000,000.
  (e) Selection Process.--In the selection process for the pilot 
program, the Secretary shall select, to the extent possible, projects 
from several different regions of the United States in order to 
demonstrate the effects that different climates and traffic patterns 
have on warranty highway construction projects.
  (f) Rulemaking.--
          (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue a rule to 
        implement the pilot program. The rule shall include the 
        following factors for eligibility of a highway construction 
        project to be included in the program:
                  (A) A requirement that the contract for the project 
                must include a long-term limited warranty that is of a 
                duration sufficient to ensure that--
                          (i) the cost to the State of the project that 
                        will be carried out is less than the estimated 
                        cost to construct the project without the 
                        warranty plus the estimated costs that would be 
                        incurred by the State and that would otherwise 
                        be covered during the proposed warranty period 
                        if a warranty were in effect; and
                          (ii) the estimated cost to road users during 
                        the warranty period is less than such estimated 
                        cost without a warranty.
                  (B) In determining the sufficient duration of a long-
                term limited warranty under subparagraph (A), the 
                Secretary shall establish separate sufficient durations 
                for different types of projects, such as initial 
                construction, pavement resurfacing and rehabilitation, 
                and pavement markings.
                  (C) A requirement that the limited warranty must 
                address, at a minimum--
                          (i) the responsibilities of the warranty 
                        provider;
                          (ii) the responsibilities of the Department 
                        of Transportation;
                          (iii) the terms of the warranty, including 
                        duration and, if applicable, traffic volumes 
                        and vehicle classification; and
                          (iv) performance criteria to be met to 
                        determine if maintenance is required.
          (2) Factors to consider.--In issuing the rule, the Secretary 
        may consider the following factors as requirements for the 
        warranty contract for eligibility under the pilot program:
                  (A) A plan to account for inflation during the 
                warranty period.
                  (B) The frequency of performance assessments 
                performed.
                  (C) The response time for repairs.
                  (D) A plan for emergency repairs.
                  (E) Clearly set out limits of liability under the 
                warranty, if any.
                  (F) Dispute resolution provisions.
                  (G) A severability provision.
                  (H) Other provisions the Secretary considers 
                necessary for carrying out the program.
  (g) Savings.--Section 112 of title 23, United States Code, shall 
apply to the projects carried out under this section unless the 
Secretary determines that applying such section to such projects is 
inconsistent with the provisions of this section.
  (h) Reports.--Not later than 5 years after the date of enactment of 
this Act and every year thereafter, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report outlining activities carried out under the program 
and the results of the program.

SEC. 1503. PRIVATE INVESTMENT STUDY.

  (a) Study.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall enter into an agreement with the National 
Academy of Sciences to conduct a comprehensive study of private 
investment in surface transportation infrastructure.
  (b) Matters to Be Evaluated.--Under the agreement, the National 
Academy of Sciences shall evaluate the advantages and disadvantages of 
private investment in surface transportation infrastructure and the 
impact of such investment on the ability of State and local authorities 
to use innovative financing, including--
          (1) preconstruction funding requirements;
          (2) integration of private investment in the transportation 
        planning process;
          (3) use of toll revenues by State and local authorities;
          (4) use of toll credits by State and local authorities;
          (5) requirements for debt financing instruments, reimbursable 
        expenses, and conditions on payments;
          (6) limitation on fees charged at federally funded fringe and 
        corridor parking facilities;
          (7) revenues needed to provide a reasonable rate of return to 
        private investors;
          (8) costs to users of facilities due to imposition of tolls;
          (9) sales-in-lease-out arrangement of transportation assets; 
        and
          (10) such other matters as the Secretary considers 
        appropriate.
  (c) Report.--
          (1) To secretary.--Under the agreement, the National Academy 
        of Sciences shall submit to the Secretary a report on the 
        results of the study by such date as the Secretary may require.
          (2) To congress.--Not later than January 1, 2007, the 
        Secretary shall transmit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a copy 
        of the report of the National Academy of Sciences, together 
        with such recommendations as the Secretary considers 
        appropriate.

SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM.

  (a) Establishment.--
          (1) In general.--The Secretary shall establish and implement 
        a pilot program to be known as the ``Highways for LIFE pilot 
        program''.
          (2) Purpose.--The purpose of the pilot program shall be to 
        advance longer-lasting highways using innovative technologies 
        and practices to accomplish the fast construction of efficient 
        and safe highways and bridges.
          (3) Objectives.--Under the pilot program, the Secretary shall 
        provide leadership and incentives to demonstrate and promote 
        state-of-the-art technologies, elevated performance standards, 
        and new business practices in the highway construction process 
        that result in improved safety, faster construction, reduced 
        congestion from construction, and improved quality and user 
        satisfaction.
  (b) Projects.--
          (1) Applications.--To be eligible to participate in the pilot 
        program, a State shall submit to the Secretary an application 
        that is in such form and contains such information as the 
        Secretary requires. Each application shall contain a 
        description of proposed projects to be carried by the State 
        under the pilot program.
          (2) Eligibility.--A proposed project shall be eligible for 
        assistance under the pilot program if the project--
                  (A) constructs, reconstructs, or rehabilitates a 
                route or connection on a Federal-aid highway eligible 
                for assistance under chapter 1 of title 23, United 
                States Code;
                  (B) uses innovative technologies, manufacturing 
                processes, financing, or contracting methods that 
                improve safety, reduce congestion due to construction, 
                and improve quality; and
                  (C) meets additional criteria as determined by the 
                Secretary.
          (3) Project proposal.--A project proposal submitted under 
        paragraph (1) shall contain--
                  (A) an identification and description of the projects 
                to be delivered;
                  (B) a description of how the projects will result in 
                improved safety, faster construction, reduced 
                congestion due to construction, user satisfaction, and 
                improved quality;
                  (C) a description of the innovative technologies, 
                manufacturing processes, financing, and contracting 
                methods that will be used for the proposed projects; 
                and
                  (D) such other information as the Secretary may 
                require.
          (4) Selection criteria.--In selecting projects for approval 
        under this section, the Secretary shall ensure that the 
        projects provide an evaluation of a broad range of technologies 
        in a wide variety of project types and shall give priority to 
        the projects that--
                  (A) address achieving the Highways for LIFE 
                performance standards for quality, safety, and speed of 
                construction;
                  (B) deliver and deploy innovative technologies, 
                manufacturing processes, financing, contracting 
                practices, and performance measures that will 
                demonstrate substantial improvements in safety, 
                congestion, quality, and cost-effectiveness;
                  (C) include innovation that will lead to change in 
                the administration of the State's transportation 
                program to more quickly construct long-lasting, high-
                quality, cost-effective projects that improve safety 
                and reduce congestion;
                  (D) are or will be ready for construction within 12 
                months of approval of the project proposal; and
                  (E) meet such other criteria as the Secretary 
                determines appropriate.
          (5) Financial assistance.--
                  (A) Funds for highways for life projects.--Out of 
                amounts made available to carry out this section for a 
                fiscal year, the Secretary may allocate to a State up 
                to 20 percent, but not more than $15,000,000, of the 
                total cost of a project approved under this section. 
                Notwithstanding any other provision of law, funds 
                allocated to a State under this subparagraph may be 
                applied to the non-Federal share of the cost of 
                construction of a project under title 23, United States 
                Code.
                  (B) Use of apportioned funds.--A State may obligate 
                not more than 10 percent of the amount apportioned to 
                the State under 1 or more of paragraphs (1), (2), (3), 
                and (4) of section 104(b) of title 23, United States 
                Code, for a fiscal year for projects approved under 
                this section.
                  (C) Increased federal share.--Notwithstanding 
                sections 120 and 129 of title 23, United States Code, 
                the Federal share payable on account of any project 
                constructed with Federal funds allocated under this 
                section, or apportioned under section 104(b) of such 
                title, to a State under such title and approved under 
                this section may amount to 100 percent of the cost of 
                construction of such project.
                  (D) Limitation on statutory construction.--Except as 
                provided in subparagraph (C), nothing in this 
                subsection shall be construed as altering or otherwise 
                affecting the applicability of the requirements of 
                chapter 1 of title 23, United States Code (including 
                requirements relating to the eligibility of a project 
                for assistance under the program and the location of 
                the project), to amounts apportioned to a State for a 
                program under section 104(b) that are obligated by the 
                State for projects approved under this subsection.
          (6) Project selections.--In the period of fiscal years 2005 
        through 2009, the Secretary shall approve at least one project 
        in each State for participation in the pilot program and for 
        financial assistance under paragraph (5) if the State submits 
        an application and the project meets the eligibility 
        requirements and selection criteria under this subsection.
  (c) Technology Partnerships.--
          (1) In general.--The Secretary may make grants or enter into 
        cooperative agreements or other transactions to foster the 
        development, improvement, and creation of innovative 
        technologies and facilities to improve safety, enhance the 
        speed of highway construction, and improve the quality and 
        durability of highways.
          (2) Federal share.--The Federal share of the cost of an 
        activity carried out under this subsection shall not exceed 80 
        percent.
  (d) Technology Transfer and Information Dissemination.--
          (1) In general.--The Secretary shall conduct a Highways for 
        LIFE technology transfer program.
          (2) Availability of information.--The Secretary shall ensure 
        that the information and technology used, developed, or 
        deployed under this subsection is made available to the 
        transportation community and the public.
  (e) Stakeholder Input and Involvement.--The Secretary shall establish 
a process for stakeholder input and involvement in the development, 
implementation, and evaluation of the Highways for LIFE pilot program. 
The process may include participation by representatives of State 
departments of transportation and other interested persons.
  (f) Project Monitoring and Evaluation.--The Secretary shall monitor 
and evaluate the effectiveness of any activity carried out under this 
section.
  (g) Contract Authority.--Funds authorized to be appropriated to carry 
out this section shall be available for obligation in the same manner 
as if the funds were apportioned under chapter 1 of title 23, United 
States Code.
  (h) State Defined.--In this section, the term ``State'' has the 
meaning such term has under section 101(a) of title 23, United States 
Code.

                          Subtitle F--Finance

SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.

  (a) Definitions.--Section 181 of title 23, United States Code, is 
amended--
          (1) in paragraph (3)--
                  (A) by striking ``category''; and
                  (B) by striking ``offered into the capital markets'';
          (2) by striking paragraph (7);
          (3) by redesignating paragraphs (8) through (15) as 
        paragraphs (7) through (14), respectively;
          (4) by striking the period at the end of paragraph (8)(B) (as 
        so redesignated) and inserting a semicolon; and
          (5) in paragraph (10) (as so redesignated) by striking 
        ``bond'' and inserting ``credit''.
  (b) Determination of Eligibility.--Section 182(a) of such title is 
amended--
          (1) by striking paragraphs (1) and (2) and inserting the 
        following:
          ``(1) Inclusion in transportation plans and programs.--The 
        project shall satisfy the applicable planning and programming 
        requirements of sections 134 and 135 at such time as an 
        agreement to make available a Federal credit instrument is 
        entered into under this subchapter.
          ``(2) Application.--A State, a local government, public 
        authority, public-private partnership, or any other legal 
        entity undertaking the project and authorized by the Secretary, 
        shall submit a project application to the Secretary.'';
          (2) in paragraph (3)(A)(i) by striking ``$100,000,000'' and 
        inserting ``$50,000,000'';
          (3) in paragraph (3)(B) by striking ``$30,000,000'' and 
        inserting ``$15,000,000''; and
          (4) in paragraph (4)--
                  (A) by striking ``Project financing'' and inserting 
                ``The Federal credit instrument''; and
                  (B) by inserting before the period at the end ``that 
                also secure the project obligations''.
  (c) Project Selection.--Section 182(b) of such title is amended--
          (1) in paragraph (1) by striking ``criteria'' the second 
        place it appears and inserting ``requirements''; and
          (2) in paragraph (2)(B) by inserting ``, which may be the 
        Federal credit instrument,'' after ``obligations''.
  (d) Secured Loans.--
          (1) Agreements.--Section 183(a)(1) of such title is amended--
                  (A) in each of subparagraphs (A) and (B) by inserting 
                ``of any project selected under section 602'' after 
                ``costs''; and
                  (B) by striking the semicolon at the end of 
                subparagraph (B) and all that follows through ``under 
                section 602''.
          (2) Investment-grade rating requirement.--Section 183(a)(4) 
        of such title is amended--
                  (A) by striking ``The funding'' and inserting ``The 
                execution''; and
                  (B) by striking the first comma and all that follows 
                through ``1 rating agency''.
          (3) Terms and limitations.--Section 183(b) of such title is 
        amended--
                  (A) in paragraph (2) by inserting ``the lesser of'' 
                after ``exceed'';
                  (B) in paragraph (2) by inserting ``or the amount of 
                the senior project obligations'' after ``costs'';
                  (C) in paragraph (3)(A)(i) by inserting ``that also 
                secure the senior project obligations'' after 
                ``sources''; and
                  (D) in paragraph (4) by striking ``marketable''.
          (4) Repayment.--Section 183(c) is amended--
                  (A) by striking paragraph (3); and
                  (B) by redesignating paragraphs (4) and (5) as 
                paragraphs (3) and (4), respectively.
  (e) Lines of Credit.--
          (1) Terms and limitations.--Section 184(b) of such title is 
        amended--
                  (A) in paragraph (3)--
                          (i) by striking the first comma; and
                          (ii) by striking ``any debt service reserve 
                        fund, and any other available reserve'' and 
                        inserting ``but not including reasonably 
                        required financing reserves'';
                  (B) in paragraph (4)--
                          (i) by striking ``marketable'';
                          (ii) by striking ``on which'' and inserting 
                        ``of execution of''; and
                          (iii) by striking ``is obligated'' and 
                        inserting ``agreement''; and
                  (C) in paragraph (5)(A)(i) by inserting ``that also 
                secure the senior project obligations'' after 
                ``sources''; and
          (2) Repayment.--Section 184(c) of such title is amended--
                  (A) in paragraph (2)--
                          (i) by striking ``scheduled'';
                          (ii) by inserting ``be scheduled to'' after 
                        ``shall''; and
                          (iii) by striking ``be fully repaid, with 
                        interest,'' and inserting ``conclude, with full 
                        repayment of principal and interest,''; and
                  (B) by striking paragraph (3).
  (f) Program Administration.--Section 185 of such title is amended to 
read as follows:

``Sec. 185. Program administration

  ``(a) Requirement.--The Secretary shall establish a uniform system to 
service the Federal credit instrument made available under this 
chapter.
  ``(b) Fees.--The Secretary may establish fees at a level to cover all 
or a portion of the costs to the Federal Government of servicing the 
Federal credit instrument.
  ``(c) Services.--The Secretary may identify a financial entity to 
assist the Secretary in servicing a Federal credit instrument. The 
services--
          ``(1) shall act as the agent for the Secretary; and
          ``(2) shall receive a servicing fee, subject to approval by 
        the Secretary.
  ``(d) Assistance From Expert Firms.--The Secretary may retain the 
services of one or more expert firms, including counsel, in the field 
of municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments.''.
  (g) Funding.--Section 188 of such title is amended to read as 
follows:

``Sec. 188. Funding

  ``(a) Funding.--
          ``(1) In general.--There are authorized to be appropriated 
        from the Highway Trust Fund (other than the Mass Transit 
        Account) $130,000,000 for fiscal year 2004 and $140,000,000 for 
        each of fiscal years 2005 through 2009 to carry out this 
        chapter.
          ``(2) Administrative costs.--From funds made available under 
        paragraph (1), the Secretary may use, for the administration of 
        this subchapter, not more than $3,000,000 for each of fiscal 
        years 2004 through 2009.
          ``(3) Availability.--Amounts made available under paragraph 
        (1) shall remain available until expended.
  ``(b) Contract Authority.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, approval by the Secretary of a Federal credit instrument 
        that uses funds made available under this chapter shall be 
        deemed to be acceptance by the United States of a contractual 
        obligation to fund the Federal credit instrument.
          ``(2) Availability.--Amounts authorized under this section 
        for a fiscal year shall be available for obligation on October 
        1 of the fiscal year.
  ``(c) Limitations on Credit Amounts.--For each of fiscal years 2004 
through 2009, principal amounts of Federal credit instruments made 
available under this chapter shall be limited to $2,600,000,000.''.

SEC. 1602. STATE INFRASTRUCTURE BANKS.

  (a) In General.--Section 189 of title 23, United States Code, is 
amended to read as follows:

``Sec. 189. State infrastructure bank program

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Capital project.--The term `capital project' has the 
        meaning such term has under section 5302 of title 49, United 
        States Code.
          ``(2) Other forms of credit assistance.--The term `other 
        forms of credit assistance' includes any use of funds in an 
        infrastructure bank--
                  ``(A) to provide credit enhancements;
                  ``(B) to serve as a capital reserve for bond or debt 
                instrument financing;
                  ``(C) to subsidize interest rates;
                  ``(D) to insure or guarantee letters of credit and 
                credit instruments against credit risk of loss;
                  ``(E) to finance purchase and lease agreements with 
                respect to transit projects;
                  ``(F) to provide bond or debt financing instrument 
                security; and
                  ``(G) to provide other forms of debt financing and 
                methods of leveraging funds that are approved by the 
                Secretary and that relate to the project with respect 
                to which such assistance is being provided.
          ``(3) State.--The term `State' has the meaning such term has 
        under section 401 of this title.
          ``(4) Capitalization.--The term `capitalization' means the 
        process used for depositing funds as initial capital into a 
        State infrastructure bank to establish the infrastructure bank.
          ``(5) Cooperative agreement.--The term `cooperative 
        agreement' means written consent between a State and the 
        Secretary which sets forth the manner in which the 
        infrastructure bank established by the State in accordance with 
        this section will be administered.
          ``(6) Loan.--The term `loan' means any form of direct 
        financial assistance from a State infrastructure bank that is 
        required to be repaid over a period of time and that is 
        provided to a project sponsor for all or part of the costs of 
        the project.
          ``(7) Guarantee.--The term `guarantee' means a contract 
        entered into by a State infrastructure bank in which the bank 
        agrees to take responsibility for all or a portion of a project 
        sponsor's financial obligations for a project under specified 
        conditions.
          ``(8) Initial assistance.--The term `initial assistance' 
        means the first round of funds that are loaned or used for 
        credit enhancement by a State infrastructure bank for projects 
        eligible for assistance under this section.
          ``(9) Leverage.--The term `leverage' means a financial 
        structure used to increase funds in a State infrastructure bank 
        through the issuance of debt instruments.
          ``(10) Leveraged.--The term `leveraged', as used with respect 
        to a State infrastructure bank, means that the bank has total 
        potential liabilities that exceed the capital of the bank.
  ``(b) Cooperative Agreements.--Subject to the provisions of this 
section, the Secretary may enter into cooperative agreements with 
States for the establishment of State infrastructure banks for making 
loans and providing other forms of credit assistance to public and 
private entities carrying out or proposing to carry out projects 
eligible for assistance under this section.
  ``(d) Funding.--
          ``(1) Highway account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a cooperative 
        agreement under this section to establish a State 
        infrastructure bank to deposit into the highway account of the 
        bank not to exceed--
                  ``(A) 10 percent of the funds apportioned to the 
                State for each of fiscal years 2005 through 2009 under 
                each of sections 104(b)(1), 104(b)(3), 104(b)(4), and 
                144; and
                  ``(B) 10 percent of the funds allocated to the State 
                for each of such fiscal years under section 105.
          ``(2) Transit account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a cooperative 
        agreement under this section to establish a State 
        infrastructure bank, and any other recipient of Federal 
        assistance under section 5307, 5309, or 5311 of title 49, to 
        deposit into the transit account of the bank not to exceed 10 
        percent of the funds made available to the State or other 
        recipient in each of fiscal years 2005 through 2009 for capital 
        projects under each of such sections.
          ``(3) Rail account.--Subject to subsection (j), the Secretary 
        may permit a State entering into a cooperative agreement under 
        this section to establish a State infrastructure bank, and any 
        other recipient of Federal assistance under subtitle V of title 
        49, to deposit into the rail account of the bank funds made 
        available to the State or other recipient in each of fiscal 
        years 2005 through 2009 for capital projects under such 
        subtitle.
          ``(4) Capital grants.--
                  ``(A) Highway account.--Federal funds deposited into 
                a highway account of a State infrastructure bank under 
                paragraph (1) shall constitute for purposes of this 
                section a capitalization grant for the highway account 
                of the bank.
                  ``(B) Transit account.--Federal funds deposited into 
                a transit account of a State infrastructure bank under 
                paragraph (2) shall constitute for purposes of this 
                section a capitalization grant for the transit account 
                of the bank.
                  ``(C) Rail account.--Federal funds deposited into a 
                rail account of a State infrastructure bank under 
                paragraph 3 shall constitute for purposes of this 
                section a capitalization grant for the rail account of 
                the bank.
          ``(5) Special rule for urbanized areas of over 200,000.--
        Funds in a State infrastructure bank that are attributed to 
        urbanized areas of a State with urbanized populations of over 
        200,000 under section 133(d)(3) may be used to provide 
        assistance with respect to a project only if the metropolitan 
        planning organization designated for such area concurs, in 
        writing, with the provision of such assistance.
          ``(6) Discontinuance of funding.--If the Secretary determines 
        that a State is not implementing the State's infrastructure 
        bank in accordance with a cooperative agreement entered into 
        under subsection (b), the Secretary may prohibit the State from 
        contributing additional Federal funds to the bank.
  ``(e) Forms of Assistance From Infrastructure Banks.--An 
infrastructure bank established under this section may make loans or 
provide other forms of credit assistance to a public or private entity 
in an amount equal to all or a part of the cost of carrying out a 
project eligible for assistance under this section. The amount of any 
loan or other form of credit assistance provided for the project may be 
subordinated to any other debt financing for the project. Initial 
assistance provided with respect to a project from Federal funds 
deposited into an infrastructure bank under this section may not be 
made in the form of a grant.
  ``(f) Eligible Projects.--Subject to subsection (e), funds in an 
infrastructure bank established under this section may be used only to 
provide assistance for projects eligible for assistance under this 
title and capital projects defined in section 5302 of title 49, and any 
other projects related to surface transportation that the Secretary 
determines to be appropriate.
  ``(g) Infrastructure Bank Requirements.--In order to establish an 
infrastructure bank under this section, the State establishing the bank 
shall--
          ``(1) deposit in cash, at a minimum, into each account of the 
        bank from non-Federal sources an amount equal to 25 percent of 
        the amount of each capitalization grant made to the State and 
        deposited into such account; except that, if the deposit is 
        into the highway account of the bank and the State has a non-
        Federal share under section 120(b) that is less than 25 
        percent, the percentage to be deposited from non-Federal 
        sources shall be the lower percentage of such grant;
          ``(2) ensure that the bank maintains on a continuing basis an 
        investment grade rating on its debt, or has a sufficient level 
        of bond or debt financing instrument insurance, to maintain the 
        viability of the bank;
          ``(3) ensure that investment income derived from funds 
        deposited to an account of the bank are--
                  ``(A) credited to the account;
                  ``(B) available for use in providing loans and other 
                forms of credit assistance to projects eligible for 
                assistance from the account; and
                  ``(C) invested in United States Treasury securities, 
                bank deposits, or such other financing instruments as 
                the Secretary may approve to earn interest to enhance 
                the leveraging of projects assisted by the bank;
          ``(4) ensure that any loan from the bank will bear interest 
        at or below market interest rates, as determined by the State, 
        to make the project that is the subject of the loan feasible;
          ``(5) ensure that repayment of any loan from the bank will 
        commence not later than 5 years after the project has been 
        completed or, in the case of a highway project, the facility 
        has opened to traffic, whichever is later;
          ``(6) ensure that the term for repaying any loan will not 
        exceed 30 years after the date of the first payment on the 
        loan; and
          ``(7) require the bank to make an annual report to the 
        Secretary on its status no later than September 30 of each year 
        and such other reports as the Secretary may require under 
        guidelines issued to carry out this section.
  ``(i) United States not Obligated.--The deposit of Federal funds into 
an infrastructure bank established under this section shall not be 
construed as a commitment, guarantee, or obligation on the part of the 
United States to any third party, nor shall any third party have any 
right against the United States for payment solely by virtue of the 
contribution. Any security or debt-financing instrument issued by the 
infrastructure bank shall expressly state that the security or 
instrument does not constitute a commitment, guarantee, or obligation 
of the United States.
  ``(j) Management of Federal Funds.--Sections 3335 and 6503 of title 
31, shall not apply to funds deposited into an infrastructure bank 
under this section.
  ``(k) Program Administration.--For each of fiscal years 2005 through 
2009, a State may expend not to exceed 2 percent of the Federal funds 
contributed to an infrastructure bank established by the State under 
this section to pay the reasonable costs of administering the bank.''.
  (b) Preparatory Amendments.--
          (1) Section 181.--Section 181 of such title is further 
        amended--
                  (A) by striking the section designator and heading 
                and inserting the following:

``Sec. 181. Generally applicable provisions'';

                  (B) by striking ``In this subchapter'' and inserting 
                ``(a) Definitions.--In this chapter'';
                  (C) in paragraph (5) by striking ``184'' and 
                inserting ``604'';
                  (D) in paragraph (11) (as redesignated by section 
                1601(a) of this Act) by striking ``183'' and inserting 
                ``603''; and
                  (E) by adding at the end the following:
  ``(b) Treatment of Chapter.--For purposes of this title, this chapter 
shall be treated as being part of chapter 1.''.
          (2) Section 182.--Section 182(b)(2)(A)(viii) of such title is 
        further amended by inserting ``and chapter 1'' after ``this 
        chapter''.
          (3) Section 183.--Section 183(a) of such title is further 
        amended--
                  (A) in paragraph (1) by striking ``182'' and 
                inserting ``602''; and
                  (B) in paragraph (3) by striking ``182(b)(2)(B)'' and 
                inserting ``602(b)(2)(B)''.
          (4) Section 184.--Section 184 of such title is further 
        amended--
                  (A) in subsection (a)(1) by striking ``182'' and 
                inserting ``602'';
                  (B) in subsection (a)(3) by striking ``182(b)(2)(B)'' 
                and inserting ``602(b)(2)(B)''; and
                  (C) in subsection (b)(10) by striking ``183'' and 
                inserting ``603''.
          (5) References in subchapter.--Subchapter II of chapter 1 of 
        such title is amended by striking ``this subchapter'' each 
        place it appears and inserting ``this chapter''.
          (6) Subchapter headings.--Chapter 1 of such title is further 
        amended--
                  (A) by striking ``subchapter i--general provisions'' 
                preceding section 101; and
                  (B) by striking ``subchapter ii--infrastructure 
                finance'' preceding section 181.
  (c) Chapter 6.--Such title is further amended by adding at the end 
the following:

                  ``Chapter 6--Infrastructure Finance

``Sec.
``601. Generally applicable provisions.
``602. Determination of eligibility and project selection.
``603. Secured loans.
``604. Lines of credit.
``605. Program administration.
``606. State and local permits.
``607. Regulations.
``608. Funding.
``609. State infrastructure bank program.''.

  (d) Moving and Redesignating.--Such title is further amended--
          (1) by redesignating sections 181 through 189 as sections 601 
        through 609, respectively;
          (2) by moving such sections from chapter 1 to chapter 6 (as 
        added by subsection (c)); and
          (3) by inserting such sections after the analysis for chapter 
        6.
  (e) Analysis for Chapter 1 and Table of Chapters.--
          (1) Analysis for chapter 1.--The analysis for chapter 1 of 
        such title is amended--
                  (A) by striking the headings for subchapters I and 
                II; and
                  (B) by striking the items relating to sections 181 
                through 189.
          (2) Table of chapters.--The table of chapters for such title 
        is amended by inserting after the item relating to chapter 5 
        the following:

``6. Infrastructure Finance.................................     601''.

SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND REHABILITATION TOLL 
                    PILOT PROGRAM.

  (a) Establishment.--The Secretary shall establish and implement an 
Interstate System reconstruction and rehabilitation toll pilot program 
under which the Secretary, notwithstanding sections 129 and 301 of 
title 23, United States Code, may permit a State to collect tolls on a 
highway, bridge, or tunnel on the Interstate System for the purpose of 
reconstructing and rehabilitating the facility.
  (b) Limitation on Number of Facilities.--The Secretary may permit the 
collection of tolls under this section on 3 facilities on the 
Interstate System. Each of such facilities shall be located in a 
different State.
  (c) Eligibility.--To be eligible to participate in the pilot program, 
a State shall submit to the Secretary an application that contains, at 
a minimum, the following:
          (1) An identification of the facility on the Interstate 
        System proposed to be a toll facility, including the age, 
        condition, and intensity of use of the facility.
          (2) In the case of a facility that affects a metropolitan 
        area, an assurance that the metropolitan planning organization 
        designated under chapter 52 of title 49, United States Code, 
        for the area has been consulted concerning the placement and 
        amount of tolls on the facility.
          (3) An analysis demonstrating that financing the 
        reconstruction or rehabilitation of the facility with the 
        collection of tolls under the pilot program is the most 
        efficient and economical way to advance the project.
          (4) A facility management plan that includes--
                  (A) a plan for implementing the imposition of tolls 
                on the facility;
                  (B) a schedule and finance plan for the 
                reconstruction or rehabilitation of the facility using 
                toll revenues;
                  (C) a description of the public transportation agency 
                that will be responsible for implementation and 
                administration of the pilot program;
                  (D) a description of whether consideration will be 
                given to privatizing the maintenance and operational 
                aspects of the facility, while retaining legal and 
                administrative control of the portion of the Interstate 
                route; and
                  (E) such other information as the Secretary may 
                require.
  (d) Selection Criteria.--The Secretary may approve the application of 
a State under subsection (c) only if the Secretary determines that--
          (1) the State's analysis under subsection (c)(3) is 
        reasonable;
          (2) the facility has a sufficient intensity of use, age, or 
        condition to warrant the collection of tolls;
          (3) the State plan for implementing tolls on the facility 
        takes into account the interests of local, regional, and 
        interstate travelers;
          (4) the State plan for reconstruction or rehabilitation of 
        the facility using toll revenues is reasonable;
          (5) the State will develop, manage, and maintain a system 
        that will automatically collect the tolls;
          (6) in developing the State plan for implementing tolls on 
        the facility, the State includes a program to permit low income 
        drivers to pay a reduced toll amount; and
          (7) the State has given preference to the use of a public 
        toll agency with demonstrated capability to build, operate, and 
        maintain a toll expressway system meeting criteria for the 
        Interstate System.
  (e) Prohibition on Noncompete Agreements.--Before the Secretary may 
permit a State to participate in the pilot program, the State must 
enter into an agreement with the Secretary that provides that the State 
will not enter into an agreement with a private person under which the 
State is prevented from improving or expanding the capacity of public 
roads adjacent to the toll facility to address conditions resulting 
from traffic diverted to such roads from the toll facility, including--
          (1) excessive congestion;
          (2) pavement wear; and
          (3) an increased incidence of traffic accidents, injuries, or 
        fatalities.
  (f) Limitations on Use of Revenues; Audits.--Before the Secretary may 
permit a State to participate in the pilot program, the State must 
enter into an agreement with the Secretary that provides that--
          (1) all toll revenues received from operation of the toll 
        facility will be used only for--
                  (A) debt service;
                  (B) reasonable return on investment of any private 
                person financing the project; and
                  (C) any costs necessary for the improvement of and 
                the proper operation and maintenance of the toll 
                facility, including reconstruction, resurfacing, 
                restoration, and rehabilitation of the toll facility; 
                and
          (2) regular audits will be conducted to ensure compliance 
        with paragraph (1) and the results of such audits will be 
        transmitted to the Secretary.
  (g) Limitation on Use of Interstate Maintenance Funds.--During the 
term of the pilot program, funds apportioned for Interstate maintenance 
under section 104(b)(4) of title 23, United States Code, may not be 
used on a facility for which tolls are being collected under the 
program.
  (h) Program Term.--The Secretary may approve an application of a 
State for permission to collect a toll under this section only if the 
application is received by the Secretary before the last day of the 10-
year period beginning on the date of enactment of this Act.
  (i) Interstate System Defined.--In this section, the term 
``Interstate System'' has the meaning such term has under section 101 
of title 23, United States Code.
  (j) Report.--Not later than September 30, 2011, the Secretary shall 
transmit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on traffic congestion on, pavement wear 
of, and incidence of accidents, injuries, and fatalities on public 
roads adjacent to toll facilities established under this section and 
section 1604.
  (k) Repeal.--Section 1216(b) of the Transportation Equity Act for the 
21st Century (23 U.S.C. 129 note; 112 Stat. 212) is repealed.

SEC. 1604. INTERSTATE SYSTEM CONSTRUCTION TOLL PILOT PROGRAM.

  (a) Establishment.--The Secretary shall establish and implement an 
Interstate System construction toll pilot program under which the 
Secretary, notwithstanding sections 129 and 301 of title 23, United 
States Code, may permit a State or an interstate compact of States to 
collect tolls on a highway, bridge, or tunnel on the Interstate System 
for the purpose of constructing Interstate highways.
  (b) Limitation on Number of Facilities.--The Secretary may permit the 
collection of tolls under this section on 3 facilities on the 
Interstate System.
  (c) Eligibility.--To be eligible to participate in the pilot program, 
a State shall submit to the Secretary an application that contains, at 
a minimum, the following:
          (1) An identification of the facility on the Interstate 
        System proposed to be a toll facility.
          (2) In the case of a facility that affects a metropolitan 
        area, an assurance that the metropolitan planning organization 
        designated under chapter 52 of title 49, United States Code, 
        for the area has been consulted concerning the placement and 
        amount of tolls on the facility.
          (3) An analysis demonstrating that financing the construction 
        of the facility with the collection of tolls under the pilot 
        program is the most efficient and economical way to advance the 
        project.
          (4) A facility management plan that includes--
                  (A) a plan for implementing the imposition of tolls 
                on the facility;
                  (B) a schedule and finance plan for the construction 
                of the facility using toll revenues;
                  (C) a description of the public transportation agency 
                that will be responsible for implementation and 
                administration of the pilot program;
                  (D) a description of whether consideration will be 
                given to privatizing the maintenance and operational 
                aspects of the facility, while retaining legal and 
                administrative control of the portion of the Interstate 
                route; and
                  (E) such other information as the Secretary may 
                require.
  (d) Selection Criteria.--The Secretary may approve the application of 
a State under subsection (c) only if the Secretary determines that--
          (1) the State's analysis under subsection (c)(3) is 
        reasonable;
          (2) the State plan for implementing tolls on the facility 
        takes into account the interests of local, regional, and 
        interstate travelers;
          (3) the State plan for construction of the facility using 
        toll revenues is reasonable;
          (4) the State will develop, manage, and maintain a system 
        that will automatically collect the tolls;
          (5) in developing the State plan for implementing tolls on 
        the facility, the State includes a program to permit low-income 
        drivers to pay a reduced toll amount; and
          (6) the State has given preference to the use of a public 
        toll agency with demonstrated capability to build, operate, and 
        maintain a toll expressway system meeting criteria for the 
        Interstate System.
  (e) Prohibition on Noncompete Agreements.--Before the Secretary may 
permit a State to participate in the pilot program, the State must 
enter into an agreement with the Secretary that provides that the State 
will not enter into an agreement with a private person under which the 
State is prevented from improving or expanding the capacity of public 
roads adjacent to the toll facility to address conditions resulting 
from traffic diverted to such roads from the toll facility, including--
          (1) excessive congestion;
          (2) pavement wear; and
          (3) an increased incidence of traffic accidents, injuries, or 
        fatalities.
  (f) Limitations on Use of Revenues; Audits.--Before the Secretary may 
permit a State to participate in the pilot program, the State must 
enter into an agreement with the Secretary that provides that--
          (1) all toll revenues received from operation of the toll 
        facility will be used only for--
                  (A) debt service;
                  (B) reasonable return on investment of any private 
                person financing the project; and
                  (C) any costs necessary for the improvement of and 
                the proper operation and maintenance of the toll 
                facility, including reconstruction, resurfacing, 
                restoration, and rehabilitation of the toll facility; 
                and
          (2) regular audits will be conducted to ensure compliance 
        with paragraph (1) and the results of such audits will be 
        transmitted to the Secretary.
  (g) Limitation on Use of Interstate Maintenance Funds.--During the 
term of the pilot program, funds apportioned for Interstate maintenance 
under section 104(b)(4) of title 23, United States Code, may not be 
used on a facility for which tolls are being collected under the 
program.
  (h) Program Term.--The Secretary may approve an application of a 
State for permission to collect a toll under this section only if the 
application is received by the Secretary before the last day of the 10-
year period beginning on the date of enactment of this Act.
  (i) Interstate System Defined.--In this section, the term 
``Interstate System'' has the meaning such term has under section 101 
of title 23, United States Code.

SEC. 1605. SPECIAL RULES RELATING TO STATE INFRASTRUCTURE BANK PROGRAM.

  (a) Interstate Compacts.--Section 189 of title 23, United States 
Code, as amended by section 1602(a) of this Act, is amended by 
inserting after subsection (b) the following:
  ``(c) Interstate Compacts.--
          ``(1) In general.--Congress grants consent to 2 or more of 
        the States, entering into a cooperative agreement under 
        subsection (a) with the Secretary for the establishment by such 
        States of a multi-State infrastructure bank in accordance with 
        this section, to enter into an interstate compact establishing 
        such bank in accordance with this section.
          ``(2) Reservation of rights.--The right to alter, amend or 
        repeal interstate compacts entered into under this subsection 
        is expressly reserved.''.
  (b) Applicability of Federal Law.--Section 189 of title 23, United 
States Code, as amended by section 1602(a) of this Act, is further 
amended by inserting after subsection (g) the following:
  ``(h) Applicability of Federal Law.--
          ``(1) In general.--The requirements of this title and title 
        49 that would otherwise apply to funds made available under 
        this title or such title and projects assisted with those funds 
        shall apply to--
                  ``(A) funds made available under this title or such 
                title and contributed to an infrastructure bank 
                established under this section, including the non-
                Federal contribution required under subsection (g); and
                  ``(B) projects assisted by the bank through the use 
                of the funds;
        except to the extent that the Secretary determines that any 
        requirement of such title (other than sections 113 and 114 of 
        this title and section 5333 of title 49), is not consistent 
        with the objectives of this section.
          ``(2) Repayments.--The requirements of this title and title 
        49 shall apply to repayments from non-Federal sources to an 
        infrastructure bank from projects assisted by the bank. Such a 
        repayment shall be considered to be Federal funds.''.

                   Subtitle G--High Priority Projects

SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM.

  (a) Authorization of High Priority Projects.--Section 117(a) of title 
23, United States Code, is amended by striking ``1602 of the 
Transportation Equity Act for the 21st Century'' and inserting ``1701 
of the Transportation Equity Act: A Legacy for Users''.
  (b) Allocation Percentages.--Section 117(b) of such title is amended 
by striking paragraphs (1) through (6) and inserting the following:
          ``(1) 22.4 percent of such amount shall be available for 
        obligation beginning in fiscal year 2005;
          ``(2) 20.2 percent of such amount shall be available for 
        obligation beginning in fiscal year 2006;
          ``(3) 19.3 percent of such amount shall be available for 
        obligation beginning in fiscal year 2007;
          ``(4) 19.7 percent of such amount shall be available for 
        obligation beginning in fiscal year 2008; and
          ``(5) 18.4 percent of such amount shall be available for 
        obligation beginning in fiscal year 2009.''.
  (c) Federal Share.--Section 117(c) of such title is amended by 
striking ``; except'' and all that follows through ``cost thereof''.
  (d) Advance Construction.--Section 117(e) of such title is amended by 
striking ``1602 of the Transportation Equity Act for the 21st Century'' 
each place it appears and inserting ``1701 of the Transportation Equity 
Act: A Legacy for Users''.
  (e) Availability of Obligation Limitation.--Section 117(g) of such 
title is amended by striking ``Transportation Equity Act for the 21st 
Century'' and inserting ``Transportation Equity Act: A Legacy for 
Users''.
  (f) Federal-State Relationship.--Section 145(b) of such title is 
amended--
          (1) by inserting after ``described in'' the following: 
        ``section 1702 of the Transportation Equity Act: A Legacy for 
        Users,'';
          (2) by inserting after ``for such projects by'' the 
        following: ``section 1101(a)(17) of the Transportation Equity 
        Act: A Legacy for Users,''; and
          (3) by striking ``117 of title 23, United States Code,'' and 
        inserting ``section 117 of this title,''.

SEC. 1702. PROJECT AUTHORIZATIONS.

  Subject to section 117 of title 23, United States Code, the amount 
listed for each high priority project in the following table shall be 
available (from amounts made available by section 1101(a)(17) of the 
Transportation Equity Act: A Legacy for Users) for fiscal years 2005 
through 2009 to carry out each such project:

                         HIGH PRIORITY PROJECTS
------------------------------------------------------------------------
 No.    State              Project Description                 Amount
------------------------------------------------------------------------
    1       CA Construct safe access to streets for             $500,000
                bicyclists and pedestrians including
                crosswalks, sidewalks and traffic calming
                measures, Covina..........................
    2       CA Develop and implement ITS master plan in       $1,500,000
                Anaheim...................................
    3     TN   Improve circuitry on vehicle protection           $59,000
                device installed at highway-RR crossing in
                Athens, TN................................
    4       CA Builds a pedestrian bridge from Hiller         $2,450,000
                Street to the Bay Trail, Belmont..........
    5     OH   Renovate and expand National Packard Museum    $3,000,000
                and adjacent historic Packard facilities..
    6     IL   Land acquisition for the widening of Rt. 47    $1,000,000
                in Yorkville, IL..........................
    7     NE   Interstate 80 Interchange at Pflug Road,       $1,400,000
                Sarpy County, Nebraska....................
    8     TX   Construction of Segment #1 of Morrison Road    $2,000,000
                for the City of Brownsville...............
    9     MI   I-96 at Latson Road Interchange                $6,000,000
                Improvements..............................
   10     IL   Preconstruction and Construction of IL 83      $1,000,000
                at IL 132.................................
   11     TN   Add third lane on US-27 (State Route 29)       $6,000,000
                for truck-climbing lane and realignment of
                roadway at Wolf Creek Road to Old US-27
                north of Robbins..........................
   12     MI   Reconfiguration of US-31 from the Manistee       $750,000
                Basquel Bridge to Lincoln Street in the
                city of Manistee..........................
   13     AR   Bentonville, Arkansas--widen and improve I-    $1,420,000
                540 and SH-102 Interchange................
   14     WA   41st St. Interstate 5 Interchange Project      $2,600,000
                in Everett................................
   15       CA Reconstruct and deep-lift asphalt on           $4,644,000
                various roads throughout the district in
                Santa Barbara County......................
   16     OK   Improving the I-35 Interchange at Milepost     $2,000,000
                1 Near Thackerville.......................
   17     NJ   Laurel Avenue Bridge replacement in Holmdel    $1,000,000
                Township..................................
   18     OH   Construct overpass over CSX Railroad on          $460,000
                Columbia Road (State Route 252), Olmsted
                Falls.....................................
   19     TN   Reconstruct and widen US-72 from south of      $1,000,000
                State Route 175 to State Route 57, Shelby
                County....................................
   20     NY   Construct roundabout at Oregon Road-             $475,000
                Westbrook Dr-Red Mill Road in Town of
                Cortlandt.................................
   21     IL   Construct Bike, Pedestrian Paths, Orland         $400,000
                Hills.....................................
   22     PA   Construct I-79/Rte 3025 missing ramps at       $1,150,000
                Jackson Township, PA......................
   23     PR   Construction of PR 833 to PR 831. PR 831 to    $6,000,000
                PR 5. Bridge #667 PR 830, KM 2.40 PR 5
                connector from PR 167 to intersation with
                PR 5 and Las Cumbres Ave..................
   24     TX   Extension of SH349 to US 87 Relief Route in    $2,500,000
                Dawson County.............................
   25     IL   Parking facility in Peoria, IL.............    $1,000,000
   26     IL   Construct Interchange on Interstate 255 at    $19,000,000
                Dupo/Columbia.............................
   27     MN   Construction and right-of-way acquisition      $4,000,000
                for interchange at TH65 and TH242 in
                Blaine, MN................................
   28       CA Huntington Beach, Remove off-ramp on I-405       $500,000
                at Beach Blvd. Construct fourth lane on I-
                405 North, at the Beach Blvd. interchange.
   29     TN   Addition of an interchange on I-40 in Roane    $3,000,000
                County at Buttermilk Road and I-40........
   30     NY   Purchase Three Ferries and Establish System   $15,000,000
                for Ferry Service from Rockaway Peninsula
                to Manhattan..............................
   31     IL   Reconstruction of Mockingbird Lane and         $1,500,000
                Stratford St, Granite City................
   32     FL   Construction a new multi-lane tunnel below       $500,000
                the channel to link the Port of Miami on
                Dodge Island with I-395 on Watson Island
                and I-95 in Downtown Miami................
   33     MD   Rehabilitation of West Baltimore Trail and       $900,000
                Implementation of Pedestrian Improvements
                Along Associated Roadways.................
   34     TN   Removal and Reconfiguration of Interstate      $3,000,000
                Ramps--I-240, Memphis.....................
   35       CA Replace structurally unsafe Winters Bridge     $2,000,000
                for vehicles, bicycles and pedestrians
                between Yolo and Solano Counties..........
   36     IL   City of Havana, Illinois Upgrades to             $952,572
                Broadway Street...........................
   37     MN   Construction of Gitchi-Gami State Trail          $900,000
                from Cascade River to Grand Marais........
   38     LA   Develop master transportation plan for the       $500,000
                New Orleans Regional Medical Center.......
   39     VA   Final Design and Construction for              $1,000,000
                improvements at I-64 and City Line Road,
                Virginia Beach and Chesapeake.............
   40     MA   Replacement of Cross Street Bridge spanning    $1,000,000
                flood prone Aberjona River, Winchester....
   41      NC  Construction of and improvement to I-73, I-   $11,000,000
                74, US 220 in Montgomery and Randolph
                Counties, NC..............................
   42     IA   Access and enhancements to access Lake         $1,000,000
                Belva Deer, Sigourney.....................
   43       CA Roadway surface improvements, street             $800,000
                lighting, and storm drain improvements to
                South Center Street from Baughman Road to
                State Route 78/86, Westmorland............
   44     TX   Construct two connectors between SH 288 and    $5,000,000
                Beltway 8.................................
   45     NY   Implement Central NY highway grade crossing    $2,000,000
                and grade separation project..............
   46       CA Douglas St. Improvements, El Segundo.......    $4,000,000
   47     MA   Reconstruction of Massachusetts Avenue         $2,000,000
                including safety improvements and related
                pedestrian, bike way in Arlington.........
   48     NY   Reconstruction of Rt 5,8,12 (North South       $1,000,000
                Arterial) Burrstone Rd. to Oriskany
                Circle, City of Utica.....................
   49     OK   Construction of Norman highway-rail Grade      $1,000,000
                Separation................................
   50     PA   Construction of the Montour Trail, Great       $1,000,000
                Allegheny Passage.........................
   51       CA Route 1 San Pedro Creek Bridge replacement     $3,000,000
                in Pacifica...............................
   52     MI   South Lyon, 2nd St. between Warren and           $125,000
                Haggadorn.................................
   53     PA   Street improvements, Abington Township.....    $2,000,000
   54     IA   Study of a direct link to I 80, Pella......      $500,000
   55     TN   Sweetwater, TN Improving Vehicle                  $96,000
                Efficiencies at At-Grade highway-railroad
                Crossings.................................
   56     OR   Construct bike/pedestrian path, Powers.....      $440,000
   57     IL   IL 6 to I-180--Phase 2 study and land          $2,000,000
                acquisition...............................
   58     FL   Construct a new bridge at Indian Street,       $1,000,000
                Martin County.............................
   59     GA   Improve sidewalks, upgrade lighting, and         $500,000
                add landscaping in downtown Glennville....
   60     LA   Continue planning and construction of the      $1,900,000
                New Orleans Regional Planning Commission
                Mississippi River trail in St. John,
                Plaquemines St. Bernard and St. Charles
                parishes..................................
   61     MO   Road widening and curb and gutter              $3,000,000
                improvements on Hwy 33 in Kearney.........
   62     TX   The SH146, Port Rd direct connectors allows   $13,200,000
                traffic bypass several rail lines &
                traffic signals at, near intersection of
                SH146 and Port Rd.........................
   63     UT   Reconstruct South Moore Cut-off Road in        $4,500,000
                Emery County..............................
   64     PA   Improvements to exits along Interstate 81      $8,200,000
                in Franklin County, PA-- Antrim Road......
   65     OH   Plan and construct the Southeast Arterial      $5,000,000
                Connector highway at Delaware, Ohio.......
   66     TN   To construct transportation enhancements on    $8,000,000
                a multi-faceted greenway in downtown
                Columbia on the Duck River................
   67     RI   New Interchange constructed from I-195 to      $5,800,000
                Taunton and Warren Avenue in East
                Providence................................
   68     NY   Town of Chester reconstruction of Walton          $80,000
                Lake Estates subdivision and related roads
   69      NC  Extend M.L. King Jr. Boulevard in Monroe...    $2,000,000
   70     NY   Town of Fishkill Old Glenham Road (aka           $325,500
                Washington Ave) reconstruction............
   71     PA   U.S. Route 13 Corridor Reconstruction,         $2,000,000
                Redevelopment and Beautification, Bucks
                County....................................
   72     NY   Rochester & Southern Highway-Rail Grade        $1,500,000
                Crossing Bypass, Silver Springs, New York.
   73     IL   Upgrade streets in the City of Rushville,      $1,000,000
                IL........................................
   74     MO   Construct 2 lanes on Chouteau Trafficway       $2,000,000
                from MO 210 to I-35.......................
   75     AZ   US 60 to Gonzalez Pass.....................    $2,000,000
   76     LA   Interstate lighting system (I 10 and LA 93)      $300,000
   77     GU   Reconstruct Hagatna River Bridges,             $6,600,000
                Municipality of Hagatna...................
   78     WA   SR 704 Cross-Base Highway, Spanaway Loop       $1,500,000
                Road to SR 7..............................
   79     NY   Village of Brewster Main Street and Route 6      $975,000
                related construction and improvements.....
   80     PA   Design and construct relocation of US 11       $5,680,000
                between Ridge Hill and Hempt Roads........
   81     VA   Improve Route 42 (Main Street) in                $500,000
                Bridgewater, Virginia.....................
   82     NY   Construction of Route 59 Palisades             $1,000,000
                Interstate Parkway to Route 303...........
   83     IL   Improve University Drive, Macomb...........      $500,000
   84       CA Adams Street Rehabilitation Project,             $388,000
                Glendale..................................
   85     NY   Construct grade separation-interchange         $1,450,000
                between Taconic Parkway and Pudding Street
   86     IA   Construction of 100th St interchange on I      $1,000,000
                35-80, Urbandale..........................
   87     MO   Lewis and Clark Expressway.................    $2,000,000
   88     PA   Mercer County, PA I-79 and PA 208              $2,000,000
                Interchange Improvement Project...........
   89     WA   Plan to relieve traffic until North-South        $550,000
                freeway -HWY 2............................
   90       CA San Diego River Multiuse Bicycle and             $500,000
                Pedestrian Path...........................
   91     PA   Construction of the Lafayette Street          $10,400,000
                extension project in Montgomery County, PA
   92     NJ   Construct new ramps between I-295 and Route    $5,000,000
                42........................................
   93     PA   Construct S.R. 29 Wal-mart to River            $1,700,000
                Betterment, Eaton Tunkhannock, Wyoming
                County....................................
   94     WV   Construct Shawnee Parkway..................    $1,100,000
   95     FL   Improve pedestrian and bicycle sidewalks,        $600,000
                lighting, and ADA ramps--Main Street,
                Canal Street, Miramar.....................
   96     MN   Reconstruct CSAH 19 from CSAH 36 to CSAH 2,      $200,000
                Morrison County...........................
   97     TN   Develop trails, bike paths and recreational      $250,000
                facilities on Bird Mountain, Morgan County
                for Cumberland Trail State Park...........
   98     MN   Lyndale Avenue Bridge, Richfield...........   $13,000,000
   99     MI   Provide a bypass around the Village of           $100,000
                Almont during M-53 reconstruction which is
                contiguous with Macomb County.............
  100     NY   Town of Wallkill new construction road-        $1,000,000
                tunnel under Rt. 17.......................
  101     NY   Village of Cold Spring Main Street and           $820,000
                ancillary road and sidewalk improvements..
  102     IL   West Ridge Nature Preserve, Chicago........    $3,000,000
  103     TN   Widen Campbell Station Road in Knoxville,      $1,800,000
                TN........................................
  104     AL   Widen Hwy. 84 to 4 lanes west of I-65 from     $4,000,000
                Evergreen to Monroeville and beyond to the
                State of AL line..........................
  105     MS   Widen State Highway 57 from I-10 through       $5,000,000
                Vancleave.................................
  106     WA   Widening SR527 from 2 lanes to 5 from          $1,500,000
                Bothell to Mill Creek.....................
  107     OH   Construct proposed connection SR 207, SR       $2,000,000
                104, and US 23 in Ross County.............
  108     MI   Construct improvements to Finkbeiner Road      $4,400,000
                from Patterson Road to Whitneyville Road
                in Barry County, and new bridge over
                Thornapple River..........................
  109     PA   York Road improvements from Horsham Road to    $1,250,000
                Summit Avenue, Borough of Hatboro.........
  110     OH   Intersection improvements at Highland and        $612,000
                Bishop Roads in the City of Highland
                Heights, OH...............................
  111     WI   Reconstruct Wisconsin State Highway 21 at I-   $3,000,000
                94 interchange............................
  112     MN   Safety improvements and intersection           $1,800,000
                enhancements of TH 95 and TH 169,
                Princeton.................................
  113     NY   Wading River Bicycle and Pedestrian Project    $1,200,000
                in Riverhead..............................
  114     FL   Widen County Line Road (CR 578) from           $6,000,000
                Suncoast Parkway to US41 to four lanes....
  115     IL   Improve Great River Road, Warsaw...........      $750,000
  116     NY   Yonkers, New York, Trolley Bus Acquisition.      $300,000
  117     FL   Construct East Central Regional Rail Trail     $1,000,000
                in Volusia County, Florida................
  118     MO   Y Highway US 71 to MO 58, Cass County......    $2,000,000
  119     WY   WYO 59 Reconstruction......................    $2,000,000
  120     LA   Plan and construct bike/pedestrian             $4,000,000
                crossings of Washington-Palmetto Canal in
                the vicinity of Xavier University, New
                Orleans...................................
  121      NC  Winston-Salem Northern Beltway, Eastern        $5,000,000
                Section and Extension, NC.................
  122       CA Willow and Herndon Traffic Flow                  $300,000
                Improvements, City of Clovis, California..
  123     MO   US 71 at Y Highway North and Southbound        $2,000,000
                Ramps.....................................
  124       CA Will add landscaping enhancements along the    $2,500,000
                Ronald Reagan Freeway Route 118 for
                aesthetic purposes........................
  125      NC  Widens US 29 Business Freeway Drive from      $10,000,000
                South Scales St. to NC 14 in Rockingham
                County....................................
  126     PA   Widening, rechannelization, signalization        $800,000
                to 2nd ave and Bates street, replace Elisa
                Furnace bridge over Bates Street..........
  127     KS   Resurfacing, grading, replacing guardrails       $784,000
                & adding shoulders to Highway 77 in Geary
                City, to accommodate expected traffic
                increase..................................
  128     MO   Widening, curb and gutter improvements as      $3,000,000
                part of Hwy 33 redevelopment project in
                Kearney...................................
  129     IL   Construct streetscape along Morse avenue       $2,000,000
                from Clark street to Sheridan road,
                Chicago...................................
  130      SC  Build extension of North Rhett Boulevard       $7,000,000
                from Liberty Hall Road to US 176 in SC....
  131     NH   Construct and upgrade intersection of Route    $1,000,000
                3 and Franklin Industrial Drive in
                Franklin..................................
  132     GA   Construct Waycross East Bypass from US 84      $2,200,000
                in Pierce County, Georgia to US 1 in Ware
                County, Georgia...........................
  133     NY   Design and Construction of a transportation    $1,500,000
                enhancement project at the Erie Canal
                Aqueduct in downtown Rochester............
  134       CA Improvement of intersection at Balboa Blvd.      $500,000
                and San Fernando Rd.......................
  135     TN   Improve Vehicle Efficiencies at highway At-       $99,000
                Grade Railroad Crossing in Athens, TN.....
  136     WI   Develop pedestrian and bike connections        $2,100,000
                that link to Hank Aaron State Trail in
                Milwaukee.................................
  137     AK   Keystone Drive Road Improvements...........    $1,000,000
  138     GA   Pedestrian and streetscape improvements,         $400,000
                Ellaville.................................
  139     NY   Construct and improve pedestrian access on     $2,000,000
                Main Street in Hempstead..................
  140     IL   Preconstruction activities IL 336 from         $2,000,000
                Macomb to Peoria..........................
  141     OH   Purchase of right-of-ways for construction       $500,000
                of pedestrian and bicycle improvements in
                the City of Aurora, OH....................
  142     IL   Replacement of bridge on Harlem Avenue, The    $1,000,000
                Village of River Forest...................
  143       CA State Route 86S and Ave 66 highway safety      $4,500,000
                grade separation..........................
  144     IL   Construct Bissel Street Roadway Connector,       $850,000
                Tri-City Regional Port District...........
  145       CT Improve Route 1 between East Avenue and        $2,000,000
                Belden Avenue, Norwalk, CT................
  146     IA   Central IA Trail Loop, bicycle and             $1,000,000
                pedestrian, Ankeny to Woodward section....
  147     MI   Chippewa County, Upgrade Tilson Road           $1,000,000
                between M-28 South to intersection of M-48
                at Rudyard................................
  148     WA   Coal Creek Parkway Bridge Replacement,         $1,000,000
                Newcastle WA..............................
  149     PA   Complete gaps in the Pittsburgh Riverfront       $750,000
                Trail Network including the Hot Metal
                Bridge....................................
  150     TX   Construct passing lanes on Texas State           $797,000
                Highway 16 in Atascosa County.............
  151     TX   Construct street and drainage improvements       $250,000
                to road system in Encinal.................
  152     MN   Environmental assessment and right of way      $2,000,000
                acquisition at US52 and CSAH24
                Interchange, Cannon Falls, Goodhue Cnty,
                MN........................................
  153     NY   Construction for Peace Bridge Redevelopment   $10,000,000
                Project, Buffalo..........................
  154     MN   Construct recreational visitor center on       $1,300,000
                the Mesabi Trail, City of Virginia........
  155     NE   Engineering, right-of-way and construction       $400,000
                of the 23rd Street Viaduct in Fremont,
                Nebraska..................................
  156     MN   Phase III of Devil Track Road Project, Cook    $1,200,000
                County....................................
  157     ME   Relocation of southbound on-ramp to I-95 at    $1,500,000
                exit 184, Bangor..........................
  158     MA   Construct access roads to Hospital Hill        $2,000,000
                project in Northampton, MA................
  159     IN   Construct interchange for 146th St. and I-     $3,000,000
                69, Hamilton County, Indiana..............
  160     NY   Design & Construct a Bicycle and Pedestrian      $950,000
                Walkway along the Decommissioned Putnam
                Rail Line.................................
  161     AK   False Pass Road construction from small        $3,000,000
                boat harbor dock to airport and town......
  162     IL   Improve North Illinois St and related          $6,500,000
                roads, Belleville.........................
  163     AR   Construction of I-49, Highway 71: Arkansas     $9,000,000
                portion of Bella Vista Bypass.............
  164     NM   Coors-I-40 Interchange Reconstruction,         $7,000,000
                Albuquerque...............................
  165     GA   Extend the south Toccoa Bypass east of         $2,900,000
                Toccoa to CR 311, four lanes for
                approximately 5.7 miles on new location...
  166     TX   Construct SH 183 from SH 360 to Belt Line      $2,000,000
                Road in Irving, Texas.....................
  167       CA Construct pedestrian, bicycle and ADA            $300,000
                accessible boardwalks at the Pismo Beach
                Promenade in San Luis Obispo County.......
  168     TX   SH 44 E of Alice near SH 359 to US 281, Jim    $2,000,000
                Wells County..............................
  169     TX   Corpus Christi, TX Corpus Regional Transit     $2,000,000
                Authority for maintenance facility
                improvements..............................
  170     PA   For design, land & ROW acquisition, &          $1,000,000
                construction of a parking facility and
                associated activities in the City of
                Wilkes-Barre..............................
  171     TN   Hawkins County, Tennessee SR-31                  $500,000
                reconstruction............................
  172     WI   Reconstruct US Highway 41--STH 67                $650,000
                interchange (Dodge County, Wisconsin).....
  173     MA   Reconstruct Route 24/Route 140 Interchange,   $14,750,000
                replace bridge and ramps, widen and extend
                acceleration and deceleration lanes.......
  174     OR   Study landslides on U.S. Hwy. 20 between       $1,000,000
                Cascadia and Santiam Pass to develop long-
                term repair strategy......................
  175     MS   Upgrade Alex Gates Road and Walnut Road in     $1,750,000
                Quitman County, and roads in Falcon,
                Sledge and Lambert........................
  176     IL   Upgrades for Muller Road in the City of          $280,000
                Washington, IL............................
  177     AL   Construction of Valleydale Road Flyover,       $5,000,000
                Widening and Improvements.................
  178     MS   Upgrade roads in Beauregard (U. S. Hwy 51),    $1,000,000
                Crystal Springs (U.S. Hwy 51 and I-55),
                and Hazelhurst (U.S. Hwy 51 and I-55),
                Copiah County.............................
  179     NY   Westchester County, NY Rehabilitation of         $650,000
                June Road Town of North Salem.............
  180       CA Implement streetscape improvements on          $1,200,000
                segments of Laurel Canyon Blvd. and
                Victory Blvd. in North Hollywood..........
  181     OH   Construct loop road along US 23 in City of     $7,700,000
                Fostoria, Seneca County...................
  182     PA   Design, engineering, ROW acquisition, &        $2,000,000
                construction of street improvements,
                parking, safety enhancements & roadway
                redesign in Nanticoke.....................
  183     LA   Improve Ralph Darden Memorial Parkway            $350,000
                Between LA182 and Martin Luther King Road,
                St. Mary Parish...........................
  184       CA Reconstruct segments of Hollister Avenue       $2,500,000
                between San Antonio Road and State Route
                154 in Santa Barbara County...............
  185     NY   Reconstruction of Schenck Avenue from          $5,000,000
                Jamaica Avenue to Flatlands Avenue,
                Brooklyn..................................
  186       CO Construct Wadsworth Interchange over US 36     $2,000,000
                in Broomfield.............................
  187     NY   Enhance Battery Park Bikeway Perimeter, New    $2,000,000
                York City.................................
  188     FL   I-95 Interchange in the City of Boca Raton.   $14,250,000
  189     NJ   Construct Long Valley Bypass...............    $1,000,000
  190     MI   Alpena County, Resurface 3.51 miles of           $640,000
                Hamilton and Wessel Roads.................
  191       CA Construct a 2.8 mile bikeway along Lambert     $2,500,000
                Road from Mills Ave. to Valley Home Ave.
                in the City of Whittier, CA...............
  192     TX   Hidalgo County Loop........................    $1,000,000
  193     ME   Improvements to Route 108 to enhance access    $1,500,000
                to business park, Rumford.................
  194     NY   Installation of new turning lane from            $375,000
                Mohansic Ave onto eastbound Route 202, &
                addition of new striped crosswalk.........
  195     NY   Rockland County Hudson River Greenway Trail    $2,000,000
                Project construction......................
  196     TX   Construct a segment of FM 110 in San Marcos    $1,000,000
  197     TX   Big Spring, TX Construction of the Big         $2,800,000
                Spring Reliever Route.....................
  198     NY   Improvements to Intermodal Transportation      $2,800,000
                Facility and Construction of Waterfront
                Esplanade at Fort Totten..................
  199     PA   Reconstruction and repair of Haverford Ave.      $300,000
                Between 68th St. and Lansdowne Ave........
  200     ND   Bismarck/Mandan Liberty Memorial Bridge       $30,000,000
                over the Missouri River...................
  201     WI   City of Glendale, WI. Develop and              $3,000,000
                rehabilitate exit ramps on I-43, and
                improvements at West Silver Spring Dr. and
                North Port Washington Rd..................
  202     TX   Construction of Lake Ridge and US67            $3,000,000
                Project, Cedar Hill, TX...................
  203     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of PS 277.................
  204     WI   Resurface USH 8 between CTH C and Monico...    $1,100,000
  205     PA   South Phila. Access Rd. Design and             $3,000,000
                construction of port access road from
                South Phila Port and intermodal
                facilities, Philadelphia..................
  206     NY   Implement ITS system and apparatus to            $100,000
                enhance citywide truck route system on
                Broadway to Irwin Ave between 232 to 231
                in the neighborhood of Kingsbridge, NY....
  207     PA   SR 219 Purchase of Right of Way and           $15,000,000
                completion of four lane extension from the
                Town of Somerset to the Maryland border...
  208     WI   Expand USH 41 between Oconto and Peshtigo,     $2,000,000
                Wisconsin (Oconto and Marinette Counties,
                Wisconsin)................................
  209     IA   Study for NE Beltway, Polk Co..............      $500,000
  210     NY   This project involves a full reconstruction    $3,400,000
                of all the streets in Long Island City
                surrounding 11th Street...................
  211     AZ   Upgrade and Widen SR85 to I-10 (Mileposts      $1,500,000
                120-141)..................................
  212     MS   Upgrade Dog Pen Road and Galilee Road in       $1,000,000
                Holmes County, and roads in Cruger,
                Pickens, and Goodman......................
  213     GA   U.S. 19/SR92 median work from Ellis RD to      $1,500,000
                West Taylor ST, Griffin...................
  214     MS   Upgrade roads at Coahoma Community College,    $1,500,000
                and roads in Coahoma and Jonestown ,
                Coahoma County............................
  215     IN   Construction of Dixon Road from Markland         $500,000
                Avenue to Judson Road in Kokomo, Indiana..
  216       CA Construction of Cross Vally Connector          $4,000,000
                between I-5 and SR 14.....................
  217     MA   State Street Corridor Redevelopment Project    $6,000,000
                includes street resurfacing, pedestrian
                walkway improvements and ornate lighting
                from Main Street to St. Michael's
                Cemetery, Springfield.....................
  218     MI   Resurfacing of Stephenson Highway in             $350,000
                Madison Heights...........................
  219       CA Soundwall construction on the 210 Freeway,     $1,800,000
                Pasadena..................................
  220     GA   Streetscape-Ashburn........................      $250,000
  221     NY   Design, Study and Construct Ferry Terminal     $1,000,000
                Facilities at Floyd Bennett Field.........
  222     WI   Improve Superior Avenue: Interstate 43 to      $1,000,000
                State Highway 32, Sheboygan County,
                Wisconsin.................................
  223     TX   Design and construction streetscape            $1,000,000
                improvements to enhance pedestrian access,
                pedestrian access to bus services and
                facilities................................
  224     IL   Upgrade roads, The Village of Berkeley.....    $1,000,000
  225     GA   Upgrade sidewalks and lighting,                  $400,000
                Wrightsville..............................
  226     PA   Upgrades to Bedford Route 220 at the           $2,100,000
                entrance of the Bedford Business Park to
                Beldon Ridge intersection.................
  227     MI   Widen Baldwin Road from Morgan to Waldon in    $4,000,000
                Orion Township............................
  228     FL   Construct Saxon Boulevard Extension,           $2,100,000
                Volusia County, Florida...................
  229     NY   Construction and rehabilitation of East and      $930,000
                West Gates Avenues in the Village of
                Lindenhurst, NY...........................
  230     TN   Widen Interstate 240 from Interstate 55 to     $1,000,000
                Interstate 40 West of Memphis, Shelby
                County....................................
  231     NJ   Rahway River Corridor Greenway Bicycle and       $500,000
                Pedestrian Path, South Orange.............
  232       CT Reconstruct Pearl Harbor Memorial Bridge,      $2,000,000
                New Haven.................................
  233     PA   Development of Northwest Lancaster County        $250,000
                River Trail...............................
  234       CA Widen SR89 at existing ``mousehole'' two       $3,000,000
                lane RR underpass.........................
  235     LA   Construct Mississippi River Trail and            $500,000
                Bikepath, New Orleans.....................
  236     NY   Utica Marsh-Reestablish Water Street.......    $2,650,000
  237     AR   Widen to 5 lanes, improvement, and other       $3,200,000
                development to U.S. Highway 79B/Univeristy
                Ave. in Pine Bluff........................
  238     WA   SR 9 & 20th St. SE Intersection                $1,000,000
                Reconstruction in Snohomish County........
  239     OH   Streetscape and related safety improvements      $350,000
                to US 20 in Painesville Township, OH......
  240     PA   Design, construct intersection and other       $1,000,000
                upgrades on PA 24 and 124 in York County,
                PA........................................
  241     WA   Issaquah Historical Society, Issaquah            $250,000
                Valley Trolley Project....................
  242     IL   Construct new bridge on Illinois Prairie         $300,000
                Path over East Branch River in Milton
                Township, IL..............................
  243     TN   Plan and construct improvements, Livingston       $50,000
                public square.............................
  244     GA   Construction on US 82 from Dawson to           $1,000,000
                Alabama Line..............................
  245     IA   Construct I-74 Bridge in Bettendorf, IA....    $1,500,000
  246       CA Operations and management improvements,        $1,000,000
                including ITS technologies, on U.S.
                Highway 101 in Santa Barbara County.......
  247     OH   Plan and construct new interchange on          $5,000,000
                Interstate 71 at Big Walnut Road in
                Delaware County, Ohio.....................
  248     PA   Design and construct access to intermodal      $2,000,000
                facility in York County...................
  249     WA   Complete preliminary engineering and           $1,000,000
                environmental analysis for SR14 through
                Camas and Washougal.......................
  250     UT   Construct Bingham Junction Boulevard in        $5,000,000
                Midvale City..............................
  251     MD   Construct Centreville, MD spur of Queen          $382,000
                Annes County Cross Island Trail,
                Centreville to US Route 301...............
  252     MN   Polk, Pennington, Marshall County 10-Ton       $5,600,000
                Corridor in Northwestern Minnesota........
  253       CA Quincy-Oroville Highway Rehabilitation in      $1,000,000
                Plumas County.............................
  254       CA Construct Coyote Creek Trail Project from      $2,000,000
                Story Road to Montague Expressway in San
                Jose......................................
  255     TX   Construct Depression of Belt Line Road at I-   $6,000,000
                35E Intermodal Transportation Project in
                Carrollton, TX............................
  256     AL   Construct Anniston Eastern Bypass from        $12,500,000
                Golden Springs Road to US Hwy 431.........
  257     NY   Construct transportation enhancements on       $1,250,000
                greenway along East River waterfront
                between East River Park (ERP) and Brooklyn
                Bridge, and reconstruct South entrance to
                ERP, in Manhattan.........................
  258     NE   Construction of I-80-Cherry Avenue             $8,000,000
                Interchange and East Bypass, Kearney,
                Nebraska..................................
  259     MN   Design, engineering, ROW acquisition and       $1,000,000
                construction for the French Rapids Bridge,
                City of Brainerd..........................
  260       CA Escondido, CA Construction of Bear Valley      $2,000,000
                Parkway, East Valley Parkway..............
  261     AR   Junction Bridge--rehabilitation &                $800,000
                conversion from rail to pedestrian use....
  262     WA   Port of Tacoma Rd.--Construct a second left      $500,000
                turn lane for traffic from westbound Pac.
                Hwy E. to Port of Tacoma Rd. and I-5......
  263     NY   Realign Union Valley Road in Town of Carmel      $330,000
  264     MO   Roadway improvements to U.S. 67 in St.         $2,000,000
                Francois County...........................
  265     FL   Homestead, FL Widening of SW 328 from SW       $7,000,000
                137 Ave to 152 Ave........................
  266       CA Reconstruct I-710 southern terminus off        $1,000,000
                ramps, Long Beach.........................
  267     GA   SR 4 widen from Milledgeville Road to          $4,000,000
                Government Street, Richmond County........
  268     TN   Develop trails, bike paths and recreational      $250,000
                facilities on Western Slope of Black
                Mountain, Cumberland County for Cumberland
                Trail State Park..........................
  269     NJ   Routes 1 & 9 Secaucus Road to Broad Avenue     $1,000,000
                in Hudson and Bergen Counties.............
  270     MA   Massachusetts Avenue Reconstruction, Boston    $5,000,000
  271     NY   Improve Ashburton Ave. from the Saw Mill       $1,500,000
                River Parkway to the waterfront, Yonkers..
  272     MN   Trail extensions to Mesabi Trail, City of        $294,745
                Aurora....................................
  273     LA   I-10 Ryan Street exit ramp to include          $5,000,000
                relocation and realignment of Lakeshore
                Drive to include portions of Front Street
                and or Ann Street, and to include
                expansion of Contraband Bayou Bridge......
  274     MI   Van Buren, Belleville Road widen to 5 lanes    $1,100,000
                between Tyler and Ecorse..................
  275     IA   Widening University Blvd, Clive............    $1,000,000
  276     HI   Construct Waimea Bypass....................    $1,000,000
  277     IL   Widening two blocks of Poplar St from Park       $480,000
                Ave to 13th Street, Williamson County.....
  278       CA Widening the highway and reconstructing off    $5,000,000
                ramps on Hwy 101 between Steele Lane and
                Windsor, CA to reduce traffic and promote
                carpools..................................
  279     WA   Granite Falls Alternate Freight Route in       $2,930,000
                Granite Falls.............................
  280     NY   Construction and rehabilitation of North         $680,000
                Queens Avenue and Grand Avenue in the
                Village of Lindenhurst, NY................
  281      SC  Extension & Expansion of Lower Richland        $1,000,000
                Roads Phase I.............................
  282     OR   Kuebler Boulevard improvements, Salem......    $1,500,000
  283      NC  Upgrade US 1 in Rockingham.................   $10,000,000
  284       CA Implement Southwest San Fernando Valley        $2,300,000
                Road and Safety Improvements..............
  285     VA   Upgrade DOT crossing #467662S to constant        $201,800
                warning time devices......................
  286     TX   Construct new location highway &              $16,000,000
                interchanges on Inner Loop, from Global
                Reach to Loop 375 including the Global
                Reach ext., El Paso.......................
  287       CA Rehabilitation, repair, and/or                 $3,500,000
                reconstruction of deficient two-lane roads
                that connect to Interstate 5, SR 180, SR
                41 and SR 99 countywide, Fresno County....
  288     OH   Relocate SR 149 from 26th Street to Trough       $650,000
                Run in Bellaire...........................
  289     WA   Auburn, Washington--M Street SE                  $500,000
                rehabilitation between 29th Street SE and
                37th Street SE............................
  290     KY   Replace Bridge over Stoner Creek, 2 Miles      $1,000,000
                East of US 27 Junction, Bourbon County....
  291     NM   Development of Paseo del Volcan corridor       $2,000,000
                located in Sandoval County from Iris Road
                to U.S. Highway 550.......................
  292     OH   Stan Hywet Hall and Gardens to restore,          $180,000
                expand, construct, and improve pedestrian
                paths and bike trail system...............
  293     MS   Construct bicycle path, Petal..............      $200,000
  294     NJ   Construction of Route 206 Chester Township,    $1,000,000
                NJ........................................
  295     IL   For IDOT to conduct Phase II engineering       $1,000,000
                for reconstruction of 159th St-US 6-IL 7
                in Will and Cook Counties.................
  296     IL   For Will County to begin Phase II              $2,000,000
                engineering and preconstruction activities
                for a high level bridge linking Caton Farm
                Road with Bruce Road......................
  297       CA Study of Thomas Bridge to meet future cargo    $2,000,000
                and passenger traffic needs of the ports
                of Long Beach and Los Angeles.............
  298     TX   US377 Hood Co., TX--From BU377H east of        $1,500,000
                Granbury to the new location of FM 4......
  299     IL   Construct Citywide bicycle path network,         $250,000
                city of Evanston..........................
  300       CA Mount Vernon Avenue grade separation and       $2,000,000
                bridge expansion in Colton................
  301     NJ   Widening Routes 1 and 9, Production Way to       $500,000
                East Lincoln Avenue, Union County.........
  302     PA   Design, construct and upgrade interchange      $4,000,000
                of US 15 and US 30 in Adams County........
  303     OH   State Route 8 Improvements in Northern         $3,000,000
                Summit County.............................
  304       CO US 50 East, State Line to Pueblo...........    $7,500,000
  305     IN   Widening road (along Gordon Road, Sixth       $10,000,000
                Street, and West Shafer Drive) to 3-lane
                street, with sidewalk and improvements to
                existing bridge -White County/Monticello,
                Indiana...................................
  306     OH   Widening Pleasant Valley Bagley Road (Rte      $1,000,000
                27), Parma and Middleburg Heights.........
  307     MA   Rehabilitation of I-95 Whittier Bridge--       $2,000,000
                Amesbury and Newburyport..................
  308       CA Streetscape improvements at East 14th St-        $750,000
                Mission Blvd in Alameda County............
  309     NY   Construct W. 79th St Rotunda, New York City    $2,000,000
  310     TX   Acquire Kelly Parkway Corridor Right-of-way    $2,000,000
                through San Antonio.......................
  311      NC  Construct new route from US 17 to US 421 in    $1,000,000
                Brunswick and New Hanover Counties........
  312     PA   Construct safety and capacity improvements       $250,000
                to Route 309 and Old Packhouse Road.......
  313     OR   Delta Ponds Bike/Pedestrian Path...........    $2,880,000
  314     FL   Hollywood US Route 1 Young Circle Safety       $2,300,000
                Improvement...............................
  315     MI   Houghton County, Gravel and paving of            $430,000
                remaining 3.2 miles in 5.5 mile stretch of
                Jacobsville Rd............................
  316     PA   Improve access to Airport Connector from PA      $500,000
                283 to the terminus of the Airport
                Connector at State Route 230 and adjacent
                access roads..............................
  317       CA Construct one additional all purpose lane      $1,210,000
                in each direction on I 405 and provide
                additional capital improvements from SR 73
                through the LA County line................
  318     IL   Improve Roads and Bridges, Cook County.....    $4,000,000
  319       CA Improve traffic safety, including              $1,400,000
                streetlights, from Queen to Barclay to Los
                Angeles River to Riverside in Elysian
                Valley, Los Angeles.......................
  320     MI   Construction and improvements to Western       $2,300,000
                Avenue and associated streets betweeen
                Third Street and Terrace Street in
                Muskegon..................................
  321     IL   Construct Reed Station Parkway Extension to    $2,000,000
                IL Rt 3, Carbondale.......................
  322     AL   Construction of Patton Island Bridge          $10,000,000
                Corridor..................................
  323     MI   Highland, Clyde Road from Hickory Ridge to       $125,000
                Strathcona................................
  324     MI   Alger County, Repaving a portion of H-58       $1,600,900
                between Sullivan Creek towards Little
                Beaver Road...............................
  325     TX   Improvements to US 183 in Gonzales County..      $500,000
  326       CA Construct a raised landscaped median on          $400,000
                Alondra Blvd between Clark Ave and
                Woodruff Ave in Bellflower................
  327     MN   Right of way acquisition for TH23              $2,500,000
                Paynesville Bypass........................
  328     FL   Construct interchange improvements at I-75       $500,000
                and University Parkway....................
  329       CO For construction and architectural             $4,000,000
                improvements of Wadsworth Bypass (SH121)
                Burlington Northern Railroad and Grandview
                Grade Separation..........................
  330     KS   Construction of 4-lane improvement on K-18     $2,000,000
                in Riley County, Kansas...................
  331     NJ   Replace Rockaway Road Bridge, Randolph         $1,000,000
                Tonwhsip, New Jersey......................
  332     FL   Construction of paved road over existing       $3,000,000
                unpaved roadway on SE 144th Ave from SR
                100 to US 301, distance of 1.2 miles......
  333     FL   Construct I-4 Frontage Rd, Volusia County,     $2,000,000
                Florida...................................
  334     MD   Construction of Fringe and Corridor Parking    $4,000,000
                Facility at intersection of Clinton Street
                and Keith Avenue in Baltimore.............
  335     OH   Purchase of Right of Way for transportation    $1,440,000
                enhancement activities in Bainbridge
                Township, OH..............................
  336     NJ   Rowan Boulevard Parking adjacent to Highway    $1,000,556
                322 Corridor in Glassboro Township........
  337       CA Construct interchange on US 50 at Empire       $1,800,000
                Ranch Road in Folsom......................
  338     FL   Bicycle and Pedestrian Improvements in the       $300,000
                Town of Windermere, Florida...............
  339     TN   Plan and construct a bicycle and pedestrian    $3,000,000
                trail, Smyrna.............................
  340       CA Santa Anita Avenue Corridor Improvement        $3,000,000
                project, Arcadia, California..............
  341     AS   Shoreline protection and drainage              $1,000,000
                mitigation for Nuuuli village roads.......
  342     PA   Design, engineering, ROW acquisition, &          $600,000
                construction of a connector road between
                Pennsylvania Rt. 93 & Pennsylvania Rt. 309
                in Hazle Township.........................
  343     GA   South Tifton Bypass from US 82/SR 520 west       $500,000
                to US 319/SR 35 east, Tift County.........
  344     NJ   Streetscape and Traffic Improvement Project    $1,000,000
                to Downtown West Orange...................
  345     NJ   Bergen County, NJ--On Route 17, address        $4,500,000
                congestion, safety, drainage, maintenance,
                signing, access, pedestrian circulation
                and transit access........................
  346       CA Road widening, construct bike path,            $6,500,000
                lighting, and safety improvements on road
                leading to Hansen Dam Recreation Area, Los
                Angeles...................................
  347     TX   Construct additional 2 lanes to Loop 335 in    $2,000,000
                Amarillo from .3 miles West of Western
                street to .5 miles West of Broadway.......
  348     NY   Reconstruct a historic bridge crossing           $580,000
                Maxwell Creek in the Town of Sodus, NY....
  349     NJ   Safety and operation improvements on Route     $1,200,000
                73 in Berlin, Voorhees and Evesham........
  350     NJ   Study and preliminary engineering designs      $1,000,000
                for a boulevard on State Route 440 and
                U.S. Highway Route 1 & 9, Jersey City.....
  351     VA   Construction of Route 17--Dominion             $6,000,000
                Boulevard, Chesapeake, VA.................
  352     LA   Installation of proper lighting standards        $200,000
                to illuminate inbound and outbound ramps
                of I 10 and portions of HWY 95............
  353     IN   Cyntheanne Rd. Interchange and Corridor          $500,000
                Improvements, Town of Fishers, Indiana....
  354     ME   Plan and construct North-South Aroostook       $4,000,000
                highways, to improve access to St. John
                Valley, including Presque Isle Bypass and
                other improvements........................
  355     TN   Plan and construct a bicycle and pedestrian    $1,500,000
                trail, LaVergne...........................
  356     TX   Build Arkansas Street Grade Separation in      $1,000,000
                Laredo....................................
  357       CA Construct new left turn lane at State Route      $700,000
                19 and Telstar in El Monte................
  358     NY   Meadow Drive Extension--North Tonawanda,       $2,000,000
                New York..................................
  359       CA Reconstruct I-880 & Coleman Avenue             $8,000,000
                Interchange & implement other I-880
                Corridor operational improvements in Santa
                Clara County..............................
  360     OR   Improve Millican, West Butte Road which        $2,000,000
                connects U.S. Highway 20 with U.S. Highway
                126.......................................
  361     VA   Metropolitan Washington, D.C. Regional         $2,000,000
                Transportation Coordination Program.......
  362     NY   Brooks Landing Transportation Improvements       $500,000
                and Enhancement project, Rochester........
  363     NJ   Construct CR 538 Coles Mill Road Bridge          $500,000
                over Scotland Run, Gloucester County......
  364     TX   Convert discontinuous two-way frontage         $5,000,000
                roads to continuous one-way frontage roads
                on IH 30 in Texarkana, TX.................
  365     TX   Regional bicycle routes on existing            $1,000,000
                highways in Austin, TX....................
  366     IN   Construct Interchange at I-65 and 109th        $7,454,219
                Avenue, Crown Point.......................
  367     GA   Intersection improvement at Harris Drive at      $600,000
                SR 42.....................................
  368     IL   Engineering and construction of the East         $100,000
                Branch DuPage River Greenway Trail in
                central DuPage County, IL.................
  369     NY   Rehabilitate a historic transporation-           $600,000
                related warehouse on the Erie Canal in the
                Town of Lyons, NY.........................
  370     NY   Relocating Miller Highway W 59th-72 St.        $2,500,000
                Manhattan under future expansion of
                Riverside Park; demolishing existing
                elevated road over park...................
  371     MI   Allen Road under the CN Railroad Grade         $4,450,000
                Separation, Woodhaven.....................
  372     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Larksville Borough, Luzerne County.....
  373     AR   Northeast Arkansas Connector (relocation of    $3,000,000
                Highway 226)..............................
  374     NJ   Reconstruct Route 168 from Route 41 to 6th       $658,000
                Avenue in Runnemede.......................
  375     NY   Renovation of Metropolitian Avenue center      $1,700,000
                islands...................................
  376     PA   Rt 60 Millennium Park Interchange,               $800,000
                construct new interchange on Rt 60 to
                provide access to new Lawrence County
                Industrial Park...........................
  377     AR   Bentonville, Arkansas--widen Arkansas          $1,500,000
                Highway 102 between U.S. 71B and the west
                city limits...............................
  378     PA   Purchase of right-of-way, utilities and        $3,000,000
                construction for Northern Access to
                Altoona from Interstate 99, Blair County,
                PA........................................
  379       CA Construct Class I bike and pedestrian path       $400,000
                from San Luis Obispo to Avila Beach.......
  380     MN   Reconstruct CSAH 61 from south county line       $316,000
                to TH 73, Moose Lake......................
  381     AZ   Improving Lone Pine Dam Road in Navajo         $1,500,000
                County....................................
  382     MI   Construct Road Improvements to North Henry     $2,700,000
                St. from Vermont Ave. to Wilder Rd. Bay
                City......................................
  383     TX   Reconstruct I-35E Trinity River Bridge,       $15,000,000
                Dallas....................................
  384     NY   Town of Greenville rehabilitation of             $125,000
                Grahamtown Rd. & Burnt Corners Rd.........
  385     NJ   Completion of Hudson River Waterfront          $1,000,000
                Walkway through Stevens Institute of
                Technology in Hoboken.....................
  386      NC  Construct US 74 Bypass, Shelby, NC.........    $3,000,000
  387     WA   Tukwila Urban Access Improvement Project--     $1,000,000
                address necessary improvements to
                Southcenter Parkway in Tukwila to relieve
                congestion................................
  388       CA Construction of a traffic signal at the          $125,000
                intersection of Independence Avenue and
                Sherman Way...............................
  389     NH   Design and construction of intersection of     $1,000,000
                Rte 101A and Rte 13 in Milford............
  390     NJ   Construct Rte 30--Pomona Road Intersection     $5,000,000
                Improvements, Atlantic County.............
  391       CA I-10 and Indian Ave Interchange, Palm          $2,750,000
                Springs, CA...............................
  392     NY   Reconstruction of street, sidewalks and          $500,000
                curbs outside of Museum of Modern Art
                (MOMA)....................................
  393     KY   Right of way for and construction of           $3,200,000
                Pennyrile Parkway Extension from 41A S. to
                I-24......................................
  394     TN   Sevier County, Tennessee SR-66 widening....    $1,750,000
  395     TN   Plan and construct interchange                   $400,000
                improvements, I-65 at Highland Road.......
  396     IA   Reconstruction of NW Madrid Dr, Polk Co....      $500,000
  397     NH   Relocation and Reconstruction of               $1,300,000
                intersection at Route 103 and North Street
                in Claremont..............................
  398     IL   To construct a new 2-lane road extending         $500,000
                1650 feet north from intersection with
                University Park Drive, Edwardsville.......
  399     NY   Town of Highlands reconstruction of bridge       $225,000
                on School Street..........................
  400     AK   Unalaska, AK Construction of AMHW ferry        $7,500,000
                terminal including approach, staging, and
                upland improvements.......................
  401     PA   Design and construct interchange and           $3,500,000
                related improvements to I-83 Exit 4.......
  402     OR   U.S. 101 Improvements, Bandon..............    $3,300,000
  403     MI   Northwestern Highway Extension projects in     $5,000,000
                Oakland County............................
  404     PA   PA Route 61 safety improvements, Leesport      $2,468,300
                Borough and Ontelaunee and Muhlenburg
                Townships.................................
  405     OH   Improve Rt 62 (Main and Town Streets)          $3,000,000
                Bridges over Scioto River, Columbus.......
  406     AK   Planning, design, and construction of a        $3,000,000
                bridge joining the Island of Gravina to
                the Community of Ketchikan................
  407     MN   U.S. Trunk Highway 14 from Waseca to          $12,000,000
                Owatonna, Minnesota.......................
  408     TX   Construct Mission Trails Project Packages 4    $5,500,000
                & 5 in San Antonio........................
  409     MS   Upgrade Roads in Carthage, Leake County....      $200,000
  410     MI   Construct access road at intersection of          $26,000
                Doerr Road and Schell Street to Develop 65-
                Acre of Municipal Tract of Industrial
                Land. Village of Cass City, Tuscola County
  411     MS   Upgrade roads in Humphreys County Districts      $850,000
                1 and 5 and Isola.........................
  412     IN   126th Street Project, Town of Fishers,         $1,250,000
                Indiana...................................
  413     HI   Construct Puanaiko Street..................    $1,000,000
  414     AZ   Burro Creek section between Wikieup and the    $1,000,000
                Santa Maria River.........................
  415     PA   Conduct Environmental Impact Statement         $1,000,000
                study for Parkway West corridor...........
  416      SC  Build Railroad Avenue Extension in Berkeley    $2,000,000
                County, SC-SCDOT..........................
  417     MD   Construct a visitors center and related        $4,700,000
                roads serving Ft. McHenry.................
  418     OH   Construction of Gracemont Street Exchange      $3,000,000
                Interstate 77-Bethlehem Township and Pike
                Township, Ohio............................
  419     MI   Design, Right-of-Way and Construction of      $21,400,000
                the I-196 Chicago Drive (Baldwin Street)
                Interchange Modification, Michigan........
  420       CA Folsom Blvd. Transportation Enhancements,      $7,000,000
                City of Rancho Cordova....................
  421     TN   Improve streetscape and pavement repair,         $300,000
                Monroe County, TN.........................
  422     TX   IH37 frontage roads in Mathis..............    $2,000,000
  423     WV   Construct New River Parkway................    $4,500,000
  424     NY   Construct sidewalk and improvements on           $330,000
                Broadway in the Town of Cortlandt.........
  425     PA   Erie, PA Powell Avenue Bridge Replacement,     $3,000,000
                Asbury Road Improvement Project...........
  426     VA   Liberty Street Construction in                 $1,000,000
                Martinsville, Virginia....................
  427       CA Implement streetscape project on Central       $3,000,000
                Avenue from 103rd Street to Watts/103rd
                Street Station, Watts.....................
  428     MA   Realignments and reconstruction of a           $3,200,000
                section of Route 32 in Palmer to the Ware
                town line.................................
  429       CA Seismic retrofit of the Golden Gate Bridge.   $10,000,000
  430       CA Upgrade and extend Commerce Avenue, City of    $1,750,000
                Concord...................................
  431     MA   Somerville Roadway Improvements............    $2,000,000
  432     LA   Replace Almonaster Bridge, New Orleans.....      $500,000
  433     IN   Upgrade Traffic Signals Phase III in the         $640,000
                City of Muncie, Indiana...................
  434     FL   Sharpes Ferry Bridge replacement in Marion       $800,000
                County....................................
  435     IA   US 34 Missouri River bridge relocation and     $2,500,000
                replacement...............................
  436     NY   Village of Highland Falls repaving and           $150,000
                sidewalk construction of Oak Avenue.......
  437     MN   Interchange Reconstruction at CSAH4 and        $1,000,000
                US169.....................................
  438     IL   Development and construction of an             $6,000,000
                interchange at Brisbin Rd and Interstate
                80........................................
  439     NE   Design, right-of-way and construction of      $15,000,000
                rail-grade separations throughout Nebraska
                as identified by Nebraska Dept. of Roads..
  440     MO   Redesign & Reconstruction of the I-270         $2,000,000
                Dorsett Road Interchange Complex in the
                City of Maryland Heights..................
  441      SC  Build Berlin Myers Extension in                $8,000,000
                Summerville, SC...........................
  442     IN   Improve 100 South, Porter County...........    $1,000,000
  443     NY   Improve safety measures at the railroad        $1,600,000
                grade crossings on the West Short River
                Line, Rockland County.....................
  444     NJ   Street Improvements and Traffic Signal           $800,000
                Replacement in Union City Central Business
                District..................................
  445     GA   Streetscape project to replace sidewalks in      $300,000
                downtown Forsyth..........................
  446     AK   Westside development Williamsport-Pile Bay     $5,000,000
                Road......................................
  447     NV   Construct Interstate 15--Las Vegas Beltway     $9,000,000
                Interchange...............................
  448     NY   Palisades Trailway Phase 2--Rockland             $200,000
                County, New York..........................
  449     PA   Replace a Highway Rail Grade crossing in         $500,000
                Jeanette, PA at Wegleys Road..............
  450       CA Conduct project design and environmental       $2,500,000
                analysis of Heritage Bridge on Heritage
                Road linking Chula Vista to Otay Mesa.....
  451     MA   Assabet River National Wildlife Refuge, MA,      $500,000
                Design and Construction of parking areas..
  452     NY   Reconstruct Main Street in the Town of            $90,000
                Lewisboro.................................
  453     MA   Study and analysis of Lowell Westford St.-       $600,000
                Wood St. Rourke Bridge Corridor, Lowell...
  454     OR   Highway 20, Lincoln County.................    $7,000,000
  455     MN   Construction of 8th Street North: Stearns      $2,000,000
                C.R. 120 to T.H. 15 in St. Cloud, MN......
  456     IL   Construction of a pedestrian sidewalk along      $145,000
                S. Chicago Street in Geneseo, IL..........
  457     OH   Construct Bike and Walking Path from West        $450,000
                210 St to Metroparks Fairview Park........
  458     NY   Improve Bronx River Greenway 180th St Park       $800,000
                Link to Bronx Park........................
  459     MN   City of East Grand Forks Construct 13th St     $1,200,000
                SE Extension..............................
  460     NY   Improvements to Clark Pl and Cherry Ln-Rt.       $370,000
                6 and 6N in Putnam County.................
  461     NJ   Construct Garden State Parkway Grade          $40,000,000
                Separation, Cape May County...............
  462     VA   High Knob Horse Trails--construction of          $750,000
                horse riding trails and associated
                facilities in High Knob area of Jefferson
                National Forest...........................
  463     TN   Plan and construct a bicycle and pedestrian    $2,500,000
                trail, Cookeville.........................
  464     UT   Provo, Utah Westside Connector from I-15 to    $1,000,000
                Provo Municipal Airport...................
  465       CA I-5 Santa Clarita-Los Angeles Gateway          $1,500,000
                Improvement Project.......................
  466     NY   Project will revitalize staircases used as     $1,000,000
                streets due to steep grade of terrain in
                areas in which they are located, the Bronx
  467     TX   Construct and rehabilitate pedestrian          $1,000,000
                walkways along the Main Street Corridor to
                improve transit-related accessibility.....
  468     MD   Reconstruct East North Avenue (US Route 1)     $3,200,000
                in Baltimore..............................
  469       CT Reconstructoin of Lakeville Center to            $895,000
                improve pedestrian and vehicle safety at
                the intersection of Routes 41 and 44......
  470     NY   Rehabilition of Bay Ridge 86th Street          $2,000,000
                Subway Station, Brooklyn, NY..............
  471       CA San Gabriel Blvd Rehabilitation Project--        $300,000
                Mission Rd to Broadway, San Gabriel.......
  472      NC  To plan, design, and construct the 10th        $8,000,000
                Street Connector Project in Greenville, NC
  473     OH   To widen Western Reserve Road from SR 7 to     $2,500,000
                Hitchcock Road, Mahoning Co...............
  474     NY   Binghamton, Improve Front Street...........    $5,000,000
  475     FL   U.S. Highway 19 Bayside Segment............    $2,000,000
  476     MI   Arenac County, Upgrade Maple Ridge Road        $1,646,000
                from Briggs Road east to M-65.............
  477     NY   Village of Highland Falls repaving and           $225,000
                sidewalk construction of Mearns Ave.......
  478     NY   Village of Nelsonville improvements, paving      $250,000
                & sidewalk installation to North Pearl St,
                Crown St, Pine St, & Wood Ave.............
  479       CA Widen Firestone Blvd between Ryerson Blvd      $2,000,000
                and Stewart and Gray Road in Downey.......
  480       CA Construct Air Cargo Access Road to Oakland       $900,000
                International Airport.....................
  481     MD   Peer review study of conflicts between road      $100,000
                system and light rail operations in
                Linthicum, MD.............................
  482     GA   Resurface and widen Jac-Art Road as part of      $200,000
                the Bleckley County Development Authority
                project...................................
  483     VA   Construction of Virginia Blue Ridge Trail        $300,000
                in Amherst County, VA.....................
  484     FL   Implement NE 6th Street/Sistrunk Boulevard     $1,000,000
                Streetscape and Enhancement Project, City
                of Ft. Lauderdale.........................
  485       CA Widen Lakewood Blvd between Telegraph Rd       $2,000,000
                and Fifth St in Downey....................
  486     TX   Widen Motor Street thoroughfare in Dallas      $2,500,000
                to improve accessibility to Southwestern
                Medical District..........................
  487     MN   Construction of Gitchi-Gami State Trail,         $500,000
                Lutsen Phase, CR 34 to Lockport store.....
  488     PA   Widen of SR 309 through the Borough of         $3,000,000
                Coopersburg to create left-turn lanes and
                complete the Rt. 309 Corridor Improvement
                Project...................................
  489       CA Pasadena Ave/Monterey Rd Partial Grade           $300,000
                Separation--Preliminary Engineering--
                Feasibility, South Pasadena...............
  490     OH   Intermodal Bikeway, Independence...........      $500,000
  491     MO   Widen shoulder and resurface US 136 and        $2,000,000
                replace 2 deficient bridges between Rock
                Port and Bethany, Missouri................
  492     FL   S.R.43 (U.S.301) Improvement Project--         $3,000,000
                Ellentown to Parrish, Florida.............
  493     GA   Bike and pedestrian paths and other              $800,000
                transportation enhancements at Georgia
                Veterans Memorial Park....................
  494     AK   Citywide pavement rehabilitation in City of    $1,000,000
                North Pole................................
  495     GA   Replace and upgrade sidewalks, Glenwood....       $50,000
  496     NY   Bruckner blvd along Bronx River Ave, Story     $1,600,000
                Ave to Soundview Park Greenway............
  497     GA   Widen SR 133 from Spence Field to SR 35 in     $2,000,000
                Colquitt County, Georgia..................
  498       CA Mariposa County, CA Improve 16 roads,          $2,500,000
                bridge and one bike path..................
  499     LA   Upgrade highway-rail crossings at Madison        $200,000
                Street, City of Gretna....................
  500     PA   Two-lane Extension of Bristol Road, Bucks      $1,000,000
                County....................................
  501     TN   Widen SR30 From Athens to Etowah, Tennessee    $5,758,000
  502     MI   Iosco County, Reconstruct Bissonette Road        $322,500
                from Lorenz Road to Chambers Road.........
  503     TX   Development of one-story 300-vehicle           $1,200,000
                parking facility..........................
  504     WA   Design and construct improved I-182            $2,000,000
                interchange ramps at Broadmoor Blvd. in
                Pasco, WA.................................
  505     NY   Erie Canalway National Heritage Corridor in    $3,250,000
                Lockport, NY- Transportation Enhancements.
  506     MI   M-6 Paul Henry Freeway trail design and        $2,780,000
                construction..............................
  507       CT Reconstruction and conversion of Union         $1,705,000
                Station in North Canaan to establish a
                transportation museum.....................
  508     OR   Construct passing lanes on U.S. 199,           $1,107,000
                Josephine County..........................
  509       CA Scenic preservation and run-off mitigation     $1,500,000
                in the Santa Monica Mountains National
                Recreation Area near PCH and US101........
  510     IL   South Shore Drive and 67th Underpass.......    $1,300,000
  511       CA Mission Boulevard / State Route 71             $4,200,000
                Interchange--Corridor Improvements........
  512     OR   For purchase of right of way, planning,       $11,000,000
                design and construction of a highway,
                Newberg...................................
  513     VA   Smith River Trail--construction of trail         $500,000
                along Smith River in Henry County.........
  514     IL   Resurface Clifton Park Ave. and S. Louis         $400,000
                Ave., Village of Evergreen................
  515     NJ   University Heights Connector for                 $637,000
                improvements to First Street in Newark
                from Sussex Street to West Market Street..
  516     GA   Broad Avenue Bridge: Albany................      $500,000
  517       CA Caelsbad, CA Construction of Poinsettia        $2,000,000
                Lane......................................
  518       CA Construct pedestrian enhancements on           $2,500,000
                Broadway in Los Angeles...................
  519     NJ   Construct Rt 56 Maurice River Bridge           $2,000,000
                Replacement, Salem & Cumberland Counties..
  520     WA   Conduct route analysis for community              $50,000
                pathway through Chehalis..................
  521     WA   Construct a multi-jurisdictional non-          $2,000,000
                motorized transportation project parallel
                to SR99 called the Interurban Trail.......
  522     FL   Construct Downtown Bypass Roadway                $500,000
                Connector, Lake Mary, Florida.............
  523     NY   To study, design and construct                 $5,800,000
                transportation enhancements on the
                Brooklyn Waterfront Greenway in Red Hook,
                Greenpoint, and the Navy Yard in Brooklyn.
  524     NY   Update all county and town traffic signage        $75,000
                in Wayne County, NY.......................
  525       CA Construct Route 101 Auxiliary Lanes 3rd Ave    $5,000,000
                in the City of San Mateo to Millbrae Ave
                in Millbrae...............................
  526       CA Undertake Cordelia Hill Sky Valley             $3,000,000
                transportation enhancement project,
                including upgrade of pedestrian and
                bicycle corridors, Solano County..........
  527     MS   Construct I-20 Interchange at Hawkins          $2,000,000
                Crossing, Lauderdale County...............
  528     TN   Sevier, Jefferson, Cocke Counties,             $1,750,000
                Tennessee SR-35&US411 widening............
  529     GA   Upgrade Safety of Bicycle and Pedestrian       $3,000,000
                Access to Public Schools, Dekalb County...
  530     OH   Construction of Safety and related               $120,000
                improvements on Rutlege Transfer Road in
                Vernon Township, OH.......................
  531     WI   Reconstruct USH 45 in Antigo...............    $2,020,000
  532     WA   SR 2/Main Street/Old Owen Road Intersection      $480,000
                in Monroe.................................
  533     GA   Install landscaping and upgrade lighting on      $350,000
                Fall Line Freeway, Reynolds...............
  534     WA   Congestion relief on I-405 with added lanes    $1,000,000
                from SR520-SR522 including 2 lanes each
                way from NE 85th-NE 124th.................
  535     NY   Conduct NYS 5 construction study...........       $80,000
  536     PA   Widen lanes, add left turn lanes and update    $1,500,000
                & install traffic signals at SR309, SR
                4010 interchange in North Whitehall
                Township..................................
  537     KY   Reconstruct I-64-KY 180 Interchange, Boyd      $2,000,000
                County, Kentucky..........................
  538     TX   Widen US 271 from a 2-lane facility to a 4-    $1,500,000
                lane divided facility from Paris, TX to
                Pattonville, TX...........................
  539     TN   Carter County, Tennessee SR-362                  $500,000
                reconstruction............................
  540     OH   Construct Ohio River Trail, Anderson             $150,000
                Township..................................
  541     MI   Delta County, CR 515 from US 2 and US 41 in      $320,000
                Rapid River to County Road 446 at Days
                River Road-Bituminous overlay and joint
                repair....................................
  542     FL   Fund design phase for widening US 41 north     $1,000,000
                of Dunnellon to four lanes................
  543     TN   Construction of Elizabethton Connector in        $500,000
                Carter County, Tennessee..................
  544     NJ   Newark Waterfront Pedestrian and Bicycle       $1,500,000
                Access project............................
  545     ME   Plan and construct Lewiston/Auburn Downtown    $5,800,000
                Connector.................................
  546     OH   Conduct Miami St along SR Route 53 safety      $1,000,000
                enhancement project to improve access to
                railroad crossing.........................
  547     AK   Planning, design, and construction of         $15,000,000
                Juneau access roads in Juneau, Alaska.....
  548     TN   Construction of an intersection/interchange    $2,400,000
                in the City of Cleveland along I-75.......
  549     FL   Construct Flagler Avenue Improvements, City    $1,000,000
                of Key West, Florida......................
  550       CA Rehabilitate street surface of Cedros             $43,000
                Avenue between Burbank Blvd. and Magnolia
                Blvd......................................
  551     VA   Engineering and Right of Way to widen Route    $1,000,000
                221 in Forest, Virginia...................
  552     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of PS 200.................
  553     TX   SH146 grade separation over Red Bluff Rd...   $17,000,000
  554     TN   construction of park access road and             $300,000
                adjacent trails at the Athens Regional
                Park in Athens, TN........................
  555     IL   State Street Road Improvements from 43rd       $2,945,000
                Street to IL Rt 157, East St. Louis.......
  556     GA   Streetscape-Dawson.........................      $200,000
  557      SC  Build Carolina Bays Parkway Segment from       $3,000,000
                SC544 to US 17 in Myrtle Beach, SC........
  558     GA   US 341 US 41 SR 7 from Barnesville to SR 3,    $4,000,000
                Georgia...................................
  559     OH   Reconstruct and widen State Route 82 in        $1,000,000
                North Royalton............................
  560     FL   Acquisition, engineering, and construction     $1,500,000
                of West Avenue Connector Bridge, City of
                Miami Beach, FL...........................
  561     ME   Safety Enhancements on Routes 11, 6, and 16      $400,000
                for Piscataquis County Industrial
                Development...............................
  562     IL   Study, design, and construction of a           $1,132,000
                designated truck route through the City of
                Monticello................................
  563       CA Improvement of intersection at Aviation        $2,000,000
                Blvd. and Rosecrans Ave. to reduce
                congestion................................
  564     WI   Preliminary engineering for upgrading I94      $9,000,000
                between Illinois State Line and Mitchell
                Interchange in SE Wisconsin...............
  565     MI   Cogshall Road Crossing Improvement and Life    $1,200,000
                Safety Access Project in Holly, MI........
  566     MI   Ontonagon County, Improve Fed Forest Hwy 16      $500,000
                from M-38 to Houghton County Line.........
  567     UT   Forest Street Improvements, Brigham City,      $2,000,000
                UT........................................
  568      NC  I40 Union Cross Road Interchange in Forsyth    $1,000,000
                County, NC................................
  569     NJ   Construct Sea Isle Boulevard Reconstruction    $2,000,000
                from Garden State Parkway to Ludlams
                Thoroughfare, Cape May County.............
  570       CA I-5 HOV Improvements from Route 134 to           $500,000
                Route 170.................................
  571     NY   Reconfiguration of intersection and              $475,000
                redesign of traffic signal timing at
                Mohegan Ave and Lakeland St...............
  572       CA Shoal Creek Pedestrian Bridge (San Diego)..    $1,000,000
  573     GA   Streetscape-Cordele........................      $250,000
  574       CA Construct I-605 Interchange Capacity           $2,000,000
                Improvements in Irwindale.................
  575      SC  Construction of interchange at I-385 and SC    $2,200,000
                14, Exit 19, in Laurens County, South
                Carolina..................................
  576     NE   Design, right-of-way and construction of       $4,000,000
                Nebraska Highway 35 between Norfolk and
                South Sioux City..........................
  577     MO   Complete impact study for North Oak Highway      $500,000
                corridor redevelopment....................
  578     MA   Design and construct the 1.5 mile East         $1,500,000
                Longmeadow Redstone rail Trail bike path..
  579     NY   Improve bicycle and pedestrian safety on         $100,000
                Main Street, Holbrook.....................
  580       CA Tuolumne, Stanislaus and Merced Counties       $2,500,000
                Upgrade existing county highway, J59......
  581     FL   U.S. 19 Continuous right turn lanes in         $7,000,000
                Pasco County..............................
  582     NJ   Union Boulevard Revitalization and               $500,000
                Streetscape Enhancements, Totowa..........
  583     IL   Improve roads, The Village of Westchester..    $1,000,000
  584     IN   Reconstruct 45th Avenue from Colfax Street     $2,700,000
                to Grant Street, Lake County..............
  585     IN   Construct Grade Separation Underpass on        $1,000,000
                Main Street in Mishawaka, Indiana.........
  586     UT   Construct two-lane divided highway from the    $4,000,000
                Atkinville Interchange to the new
                replacement airport access road in St.
                George....................................
  587       CA Diamond Bar On-Off Ramp at Lemon Ave on SR-   $12,000,000
                60........................................
  588     NY   Harlem Hospital Parking Garage.............   $10,000,000
  589     MA   Downtown revitalization for Pleasant           $1,900,000
                Street, Malden............................
  590     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of Prospect Park Yeshiva..
  591     NY   Emergency vehicle preemption system at           $500,000
                traffic signals, Smithtown................
  592       CA Reconstruct interchange for south-bound        $3,000,000
                traffic entering I-80 from Central Avenue,
                City of Richmond..........................
  593     KY   Reconstruct KY 393, Oldham County, Kentucky    $2,000,000
  594       CA Reduce Orange County Congestion Program....      $250,000
  595       CA Street Closure at Chevy Chase Drive,             $800,000
                Glendale..................................
  596     PA   Allegheny City Urban Runoff Mitigation-        $1,000,000
                eliminate urban highway runoff and the
                discharge of culverted streams into
                municipal combined sewers.................
  597      SC  Construct Briggs-Pearson-DeLaine Connector.   $25,000,000
  598     NM   Construct an interchange on I-25 to provide    $4,000,000
                access to Mesa del Sol in Albuquerque.....
  599     OR   Short Haul Intermodal Pilot Project, Eugene    $2,500,000
  600     VA   Rivermont Ave. (Lynchburg) Bridge              $1,700,000
                improvements..............................
  601     MA   Construct new interchange on I-95 between        $500,000
                existing Route 1A ramp to the north and
                Route 123 ramp to the south, Attleboro....
  602     OH   Construct Waverly, Ohio South Connector        $3,200,000
                from US 23 to SR 104 to SR 220............
  603     VA   Craig County Trail--improvements to trail        $150,000
                in Craig County...........................
  604       CO US 160, State Highway 3 to East of the         $6,000,000
                Florida River.............................
  605     AS   Village road improvements for Ta'u, Ofu,       $1,400,000
                and Olosega-Sili counties in Manu'a
                district..................................
  606     PR   Construction of 4 lane connector serving PR    $1,950,000
                9922, PR 9939 and PR 183..................
  607     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking, garage & roadway
                redesign in Duryea Borough, Luzerne County
  608     OK   SH-33, Widen SH-33 from the Cimarron River     $8,000,000
                East to US-177 Payne County, OK...........
  609     TX   Washington Boulevard Improvements in           $2,600,000
                Beaumont, Texas...........................
  610     FL   Widen Midway Road from South 25th Street to    $2,000,000
                U.S. 1 in St. Lucie County................
  611     NY   Enhance road and transportation facilities     $5,000,000
                in the vicinity of W. 65th St and
                Broadway, New York City...................
  612     LA   Construct Kansas-Garrett Connector and I-20    $5,000,000
                Interchange Improvements..................
  613     PA   Construct the SR 1058 Connector between PA     $1,600,000
                309 and the Pennsylvania Turnpike
                Northeast Extension in Montgomery County..
  614     OK   Reconstruct the Interstate 44 193rd street     $3,000,000
                interchange...............................
  615     NY   Roadway improvements to Woodbury Rd at         $2,000,000
                intersection with Syosset-Woodbury Rd.....
  616     RI   Construct a handicapped accessible trail         $200,000
                and platform at Kettle Pond Visitor Center
                Administrative Facility...................
  617     NJ   Construct Great Swamp National Wildlife          $250,000
                Refuge Road...............................
  618       CA Grade Separation at 32nd Street between I-     $1,000,000
                15 and Harbor Drive, San Diego............
  619     IN   Widen Old Meridian Street from 2 to 4          $1,000,000
                lanes, City of Carmel, Indiana............
  620     WI   Construct a bicycle/pedestrian path, City      $2,200,000
                of Portage................................
  621     VA   Widen Route 17 in Stafford.................    $4,000,000
  622     VA   Widen Route 820 in Bergton, Virginia.......    $1,200,000
  623     IL   Construction of 2 North/South Blvds. and 2     $7,500,000
                East/West Blvds. in the vicinity of
                Northern Illinois University..............
  624       CA Begin construction of road from US-395 west    $1,000,000
                towards SR-14.............................
  625     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Old Forge Borough, Lackawanna County...
  626     PA   Improvements to Amtrak Keystone Corridor         $500,000
                grade crossings at Irishtown Rd., New
                Comer Rd., and a new bridge at Ebychiques
                Rd........................................
  627     TN   Acquire and construct trail and bikeway        $1,600,000
                along S. Chickamauga Creek in Chattanooga,
                TN........................................
  628     TX   Interchange improvements IH-30 Arlington at    $2,000,000
                FM 157 (Collins Street) and Center Street.
  629     MO   Highway 350 Access Management Study from       $1,000,000
                I435 to I470..............................
  630     TX   Mile 6 W from US83 to SH 107, Hidalgo          $1,000,000
                County....................................
  631     NJ   Pedestrian facilities and street lighting        $433,000
                on Haddon Avenue from Albertson Avenue to
                Glenwood Avenue, Haddon Township..........
  632     NY   Rehabilitate highway bridges--Ithaca           $2,500,000
                secondary line............................
  633     WA   Buckley, WA; New Road alignments on 112th      $2,000,000
                Street Corridor...........................
  634     ID   Construct Washington Street North from         $4,500,000
                Addison Avenue to Pole Line Road..........
  635      SC  Construction of the US-15/SC-341 connector     $4,500,000
                parallel to I-20, Lee County..............
  636     PA   Construct Recreational Trail from Oil City     $1,000,000
                to Rynd Farm (Venango County).............
  637     TX   FM 1637 from FM 3051 to FM 185, Waco.......    $2,000,000
  638     VA   Green Cove Station--improvements to              $100,000
                existing Forest Service facility located
                at trailhead of Virginia Creeper Trail....
  639     NJ   South Essex Street Bridge Pedestrian Access      $578,000
                Improvements, Orange......................
  640     TX   FM 3391 (East Renfro St.) from I-35W to CR     $1,500,000
                602, Burleson.............................
  641     WI   Replace Wisconsin Street Bridge (STH 44) in   $10,000,000
                Oshkosh, Wisconsin........................
  642       CT Construct Route 11 Extension and Greenway     $16,000,000
                from Salem to Waterford...................
  643     TX   Drainage Study and Engineering for US 83 in    $1,000,000
                Starr County..............................
  644     TN   widen SR-62 in Knox County, TN.............    $6,500,000
  645     GA   Widen US 17 SR 25 from Yacht Drive to Harry    $2,000,000
                Driggers Boulevard, Glynn County, Georgia.
  646     KY   Widen US 25 from US 421 North to KY 876,       $1,000,000
                Madison County............................
  647     GA   Widen US 280/SR 30 from east of Flint River    $1,000,000
                to SR 300 Connector west of Cordele.......
  648     MS   Upgrade roads in Gunnison, Mound Bayou,        $2,000,000
                Beulah, Benoit, and Shaw, Bolivar County..
  649     NY   Construct and enhance Fillmore Avenue and      $1,500,000
                traffic down-grade and infrastructure
                improvements to Humboldt Parkway, Buffalo.
  650     NJ   Construct Route 46 & Main Street               $2,000,000
                intersection in Lodi......................
  651     MN   Phase III construction of Trunk Highway 610-   $5,000,000
                10 Minnesota..............................
  652     NM   NM 128 JCT NM 31 East to Texas State Line..    $3,000,000
  653     NJ   Replacement of Prospect Avenue Culvert,          $400,000
                City of Summit, County of Union...........
  654     FL   US 441 Traffic Improvements--Road surface,       $900,000
                road access, curb, gutter, and right of
                way, Miami Gardens........................
  655     MN   Environmental studies and right of way         $5,000,000
                acquisition for Trunk Highway 55 Corridor
                Protection Project........................
  656     NY   Roadway improvements on Woodbine Avenue          $800,000
                between 5th Avenue and Beach Avenue.......
  657     NY   Saugerties, Improve downtown streets.......    $1,200,000
  658     IN   Widen US 31 Hamilton County, Indiana.......    $1,000,000
  659     GA   Build a bridge across Big Indian Creek,        $1,500,000
                Perry.....................................
  660     MI   Carpenter Road Reconstruction--700 feet        $2,000,000
                South of Textile Road to I-94, Washtenaw
                County....................................
  661     IN   Resurface and widen Shelby County Indiana        $500,000
                400 North Phases IV and V.................
  662      SC  Widen West Georgia Road from Neely Ferry       $2,000,000
                Road to Fork Shoals Road..................
  663     TX   Construct Phase II of City of Killeen SH-      $4,000,000
                201.......................................
  664     MN   Interchange improvements at I-94 and CSAH      $1,000,000
                19 and at CSAH 37 in the city of
                Albertville, MN...........................
  665     KY   Construction of bypass between KY 55 and US    $1,000,000
                68 at Lebanon in Marion County............
  666     NY   Peruville Road. Creating overpass to           $2,000,000
                address intersection safety issue.........
  667     OR   Add a southbound lane to section of I-5        $5,000,000
                through Portland, OR between Delta Park
                and Lombard...............................
  668     MN   10th Street Bridge Expansion in St. Cloud,     $1,000,000
                MN........................................
  669     NJ   Intermodal Access Improvements to the          $2,000,000
                Peninsula at Bayonne Harbor...............
  670     TX   Nolana Loop from FM 1426 to FM 88, Hidalgo     $2,000,000
                County....................................
  671     OH   Perry Park Road Improvements and Pedestrian       $67,000
                Trail Expansion at Call Road in the
                Village of Perry, OH......................
  672     NV   Implement Regional Transportation of           $3,000,000
                Southern Nevada FAST system...............
  673     NY   Bronx River Greenway 233rd Street              $1,000,000
                Connection................................
  674     PA   Construction of turn lanes, increase curve       $435,000
                radius at the intersection of SR 3041 and
                Industrial Park Road, Somerset, Pa........
  675     FL   Planning and design for development of           $500,000
                future highway connections to the
                Southwest Florida International Airport...
  676     WI   Reconstruct and rebuild St. Croix River        $7,000,000
                Crossing, connecting Wisconsin State
                Highway 64 in Houlton, Wisconsin to
                Minnesota State Highway 36 in Stillwater
                Minnesota.................................
  677     TN   Conduct study for SR45 to SR386 Connector..      $500,000
  678     IN   Reconstruct and widen Shelby County Indiana    $1,000,000
                500 East from 1200 N to US 52.............
  679     MO   Removal and Replacement of the Grand Avenue    $3,500,000
                Bridge in the City of St. Louis...........
  680     TX   Conduct reconstruction and managed lanes       $5,000,000
                project on Airport Freeway (SH 183-SH 121)
                from IH 820 to the Dallas County Line.....
  681     FL   Reconstruction of Hanford Boulevard, North     $2,750,000
                Miami Beach...............................
  682     MA   Commonwealth Ave/Kenmore Sq. Roadway &         $5,000,000
                Pedestrian Improvements...................
  683     NY   Pedestrian walkway and bikeway improvements    $3,200,000
                along the NYC Greenway System in Coney
                Island....................................
  684     PA   Restore Route 222 in Maxatawny and Richmond    $2,500,000
                Townships, Berks County, PA...............
  685     OH   Study and design of modifications to I-75      $1,500,000
                interchanges at M.L. King-Hopple, I-74,
                and Mitchell in Cincinnati................
  686     VA   Widen Route 10 to six lanes from Route 1 to    $1,000,000
                Meadowville Road, Chesterfield............
  687     GA   Rebuild sidewalks, install sidewalks, and        $250,000
                add speed monitoring system, Alamo........
  688       CA Widen Wilmington Ave from 223rd street         $3,000,000
                including ramp modifications, Carson......
  689     WI   Construct STH 32 (Claude Allouez) bridge in      $500,000
                DePere, Wisconsin (Brown County,
                Wisconsin)................................
  690     NY   Construction of drainage improvements and        $430,000
                aesthetic enhancements to Oak Beach Road
                in the Town of Babylon, NY................
  691     WI   Construct an alternative connection to         $4,000,000
                divert local traffic from I-90, a major
                highway, and allow movement through the
                Gateway commercial development project....
  692     WA   East Marine View Drive Widening in Everett.    $3,500,000
  693     OH   Construction of safety improvements at           $300,000
                intersection of US 422 and SR 700 in
                Geauga County, OH.........................
  694     WV   Upgrade Route 10, Logan Co.................    $5,000,000
  695     TX   Conduct Preliminary Engineering for Funnel     $4,000,000
                Project on SH 114 from BS 114L to Dallas
                County Line and on SH 121 from SH 360 to
                Dallas Co Line............................
  696      NC  Install ITS on US70 Clayton Bypass.........    $1,000,000
  697     PA   Brighton Road Extension--add new street to     $1,000,000
                N Shore roadway network to facilitate
                access to amphitheater....................
  698     NJ   Broad Street Streetscape Project in              $700,000
                Elizabeth to provide physical improvements
                and to enhance transportation flow and
                efficiency................................
  699     FL   Construction of 4 lane highway around          $3,000,000
                Jacksonville connecting US1 to Route 9A...
  700     WA   510-507 Loop--Conduct engineering, design,     $2,500,000
                and ROW acquisition for alternative route
                to two existing highways that bisect Yelm,
                WA........................................
  701       CA Develop and implement traffic calming          $1,000,000
                measures for traffic exiting the I-710
                into Long Beach...........................
  702       CA San Diego, CA Construction of the I-5 and      $4,000,000
                SR-56 Connectors..........................
  703     IL   Upgrade Ridge Avenue, Evanston.............    $3,000,000
  704      SC  Widening and Improvements for Highway 901,     $2,000,000
                York County...............................
  705     IA   Widening and Reconstruction, I-235, Des        $6,500,000
                Moines....................................
  706       CA Bay Road improvements between University       $6,000,000
                Avenue to Fordham, and from Clarke Avenue
                to Cooley Landing. Northern access
                improvements between University and
                Illinois Avenues, East Palo Alto..........
  707      NC  Project to widen US 501 from NC 49 in          $4,000,000
                Roxboro to the VA state line with part on
                new location..............................
  708     NY   Congestion reduction, traffic flow               $640,000
                improvement and intermodal transfer study
                at Roosevelt Avenue/74th Street in Queens.
  709       CA Construct bicycle and pedestian bridge           $750,000
                between Oyster Bay Regional Park in San
                Leandro and Metropolitan Golf Course in
                Oakland...................................
  710     TX   For construction of Seg 5 and 6 of SH 130      $5,000,000
                from 183 to Seguin, TX....................
  711     NJ   Construct the Airport Circle Elimination at    $1,000,000
                Tilton and Delilah Roads, Atlantic County.
  712     KY   Construct North Somerset Bypass in Pulaski     $7,000,000
                County from Nunn Parkway to KY 80.........
  713     NV   Construct US Highway 95--Las Vegas Beltway     $8,000,000
                Interchange...............................
  714     NY   Repair and repave the north side of the          $150,000
                Mineola train station.....................
  715     IL   Repair of CH 29 and reconstruction of CH 8     $1,000,000
                at interchanges with Interstate 55 at
                Towanda and Lexington Illinois............
  716       CA Conduct a Project Study Report for new           $500,000
                Highway 99 interchange between SR 165 and
                Bradbury Road, serving Turlock/Hilmar
                region....................................
  717     PA   Construction of US-22 to I-79 Section of       $1,000,000
                Southern Beltway, Pittsburgh, Pennsylvania
  718     MN   Construction of new highway between the        $3,000,000
                bridge over Partridge River on CR 565 in
                Hoyt Lakes to the intersection of CSAH 21
                and 70, Babbitt...........................
  719       CA State Route 1 improvements between Soquel      $3,670,000
                and Morrissey Blvd including merge lanes
                and the La Fonda overpass, Santa Cruz.....
  720     WA   The West Corridor Coalition in Washington        $500,000
                state.....................................
  721     WA   North Sound Connecting Communities             $1,000,000
                Transportation Project Planning...........
  722     FL   West Relief Bridge Rehabilitation, Bay         $1,500,000
                Harbor Islands............................
  723     NE   Western Douglas County Trails Project,         $5,500,000
                Nebraska..................................
  724     TN   Bristol, Tennessee highway-RR grade              $100,000
                Crossing improvement--Hazelwood Street....
  725     GA   Extend East Greene Street, install street        $400,000
                lights, utilities, and landscaping,
                Milledgeville.............................
  726       CA Grade Separation at Vanowen and Cliveborne,    $1,000,000
                Burbank...................................
  727     MA   Improve traffic signal operations, pavement    $1,500,000
                markings & regulatory signage, Milton-
                Boston City Line..........................
  728     NY   Port Jervis, NY downtown pedestrian mall         $650,000
                and promenade.............................
  729     MN   Construct Soo Line Trail from north of           $495,000
                Bowlus to the east side of Mississippi
                River.....................................
  730     WI   Construct traffic mitigation signals,            $400,000
                signs, and other upgrades for Howard Ave,
                St. Francis...............................
  731     NH   Reconstruction of NH 11 and NH 28                $700,000
                Intersection in Alton.....................
  732       CA Riverside Drive Improvements, Los Angeles..      $400,000
  733       CA Upgrade CA SR 4 East from the vicinity of     $15,000,000
                Loveridge Road to G Street, Contra Costa
                County....................................
  734     TX   Widen SH 24 from a 2-lane facility to 4-       $1,500,000
                lane divided facility from SH 19 to
                Cooper, TX................................
  735     PA   Rail crossing signalization upgrade, Willow      $325,400
                Street, Fleetwood, Berks..................
  736     IL   25th Avenue Grade Separation, Melrose Park.      $500,000
  737      SC  Construct Hub City Connector Passage (12.5     $1,000,000
                miles of bicycle-pedestrian improvements,
                176-SC 56), part of state-wide Palmetto
                Trail Project.............................
  738     FL   Construct US 1/SR 100 Connector, Bunnell,      $2,500,000
                Florida...................................
  739     MN   Construction of Gitchi-Gami State Trail          $700,000
                from Gooseberry Falls State Park Trail
                Head parking lot to 2.3 miles east........
  740       CA Design and environmental analysis for State    $1,000,000
                Route 11 connecting State Route 905 to the
                new East Otay Mesa Port of Entry, San
                Diego.....................................
  741     NY   Improve North Fork Trail, Southold.........      $200,000
  742     HI   Interstate Route H1 Deck Repair, Airport       $4,770,000
                Viaduct...................................
  743     OH   Replace Grade Separation at Eastland and         $750,000
                Sheldon Road, Berea.......................
  744     WA   Widen I-5 through Lewis County.............    $3,500,000
  745      SC  Engineering design and construction of I-73   $10,000,000
                from the North Carolina State Line to I-95
  746     OH   Planning and construction of a bicycle         $2,500,000
                trail adjacent to the I-90 and SR 615
                Interchange in Lake County, OH............
  747      SC  Widening of Boiling Springs 9 from Rainbow     $5,000,000
                Lake Rd. to SC 292........................
  748     IL   Construct Streetscape Project, Orland Hills      $400,000
  749     IL   Widening of Lake Cook Road ITS in                $500,000
                Deerfield, IL.............................
  750     OR   Widening of Oregon Hwy 217 between Tualatin   $10,000,000
                Valley Hwy and the US 26 interchange,
                Beaverton.................................
  751     PR   Widening of PR 111 at the intersections of     $6,000,000
                PR-444 through PR-423.....................
  752     MI   Widen M-72 from US-31 easterly 7.2 miles to    $2,500,000
                Old M-72..................................
  753     PA   Widening of Rt.22 and SR.26 in Huntingdon.     $3,375,000
                Upgrades to the interchange at US RT 22
                and SR26..................................
  754     MN   Widening of US Highway 61 at Frontenac           $800,000
                Station, MN...............................
  755     KS   Construction and reconstruction of four        $4,000,000
                interchanges on I-435, I-35 and US-69 in
                Johnson Co................................
  756     MA   Melnea Cass Blvd Reconstruction............    $2,000,000
  757     NH   Improve Meredith Village Traffic Rotary....    $1,000,000
  758     FL   Implement Blue Heron Boulevard Streetscape     $2,500,000
                Improvements, City of Riviera Beach.......
  759     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of PS 114.................
  760     WI   Reconstruct STH 181 between Florist Ave and    $4,500,000
                North Milwaukee County Line...............
  761     LA   Replace the Prospect Street Bridge (LA         $3,000,000
                3087), Houma..............................
  762     GA   Streetscape improvements along LaVista Road      $200,000
                in the Northlake business district of
                DeKalb County, Georgia....................
  763     MD   Study Greater Towson Area traffic flow and       $200,000
                future needs..............................
  764     FL   Construct US 1 Improvements, Cities of           $400,000
                Holly Hill and Ormond Beach, Florida......
  765     OH   Transportation Enhancements to the downtown      $700,000
                area of the Village of Chagrin Falls, OH..
  766     MA   Pedestrian Walkway for the Town of Norwood.      $780,000
  767     NJ   Restoration of Route 35 in Ocean County,       $1,500,000
                New Jersey................................
  768     PA   Extension of Third Street from Interstate      $4,800,000
                83 to Chestnut Street, Harrisburg.........
  769     TX   Carlton road grade separation, Laredo, TX..    $5,000,000
  770     OH   Construct connector roadway between SR13 13      $250,000
                and Horns Hill Road in north Newark.......
  771     TN   Construct new lighting on Veterans Memorial      $250,000
                Bridge, Loudon County, Tennessee..........
  772     NY   Roadway improvements on CR3 between Ruland     $2,220,000
                Rd and I-495..............................
  773     TN   Construct State Route 385 (North and East)     $3,150,000
                around the city of Memphis................
  774     NY   Waterloo, NY by-pass project...............    $7,000,000
  775     IN   Extend Everbrook Drive from SR 332 to            $640,000
                Bethel Avenue in the City of Muncie,
                Indiana...................................
  776     TN   Construct Proposed SR397 extension from        $2,225,000
                SR96 West to US 431 North to Franklin
                WIlliamson County.........................
  777     AK   Construct linking road from airport to port    $1,500,000
                in Akutan.................................
  778     PA   Uniontown to Brownsville section of            $5,000,000
                Pennsylvania Mon/Fayette Expressway.......
  779     NY   Ashburton Avenue Reconstruction, Yonkers,      $1,000,000
                New York..................................
  780     OR   Highway 22, Polk County....................    $1,000,000
  781     FL   I-75 Widening and Improvements in Collier     $45,000,000
                and Lee County, Florida...................
  782     WI   Pioneer Road Rail Grade Separation (Fond du    $4,000,000
                Lac, Wisconsin)...........................
  783     FL   Design and construction of double-deck         $4,000,000
                roadway system exiting FLL airport
                connecting Y.S. 1 and I-595...............
  784     MI   Wayne, Reconstruct one quarter of a mile         $125,000
                stretch of Laurenwood.....................
  785     GA   Construct the West Cleveland Bypass from US    $2,900,000
                129SR 11 near Hope Road extending west of
                Cleveland, on new and existing locations
                to SR75...................................
  786     IL   Eliminate Highway-Railway crossing over US     $2,000,000
                14 and realignment of US 14, Des Plaines..
  787     OR   Highway 22-Cascade Highway interchange           $500,000
                improvements, Marion County...............
  788     VA   Widen Route 29 between Eaton Place and         $3,000,000
                Route 123 in Fairfax City, VA.............
  789     WI   Reroute State Hwy 11 near Burlington, WI       $2,000,000
                (Kenosha County, WI)......................
  790     IL   East Peoria, Illinois Technology Blvd.         $1,000,000
                upgrades..................................
  791      DC  Metro Branch Trail Construction............    $2,000,000
  792     MA   Study and design I-93 / Mystic Ave.              $500,000
                Interchange at Assembly Sq................
  793     NM   Widening of US 491 from Navajo 9 to            $2,000,000
                Colorado state border.....................
  794     FL   Construct access road to link Jacksonville     $5,000,000
                International Airport to I-95.............
  795     FL   Widening of SR 60 from 66th Avenue to I-95     $1,000,000
                in Indian River County, FL................
  796     GA   Widening of SR 133: Colquitt Co./Daughtery     $1,000,000
                Co........................................
  797     PA   Rail Bridge Removal and intersection           $1,300,000
                improvements, Cameron and Paxton Streets,
                Harrisburg................................
  798     PA   Widening of SR 1001 Section 601 in Clinton     $1,000,000
                County....................................
  799     PA   Widening of Route 40 in Wharton Township,      $2,000,000
                Fayette County, Pa........................
  800     NJ   Widening of Route 1 and intersection           $1,000,000
                improvements in South Brunswick...........
  801     PA   Construct PA 706 Wyalusing Bypass Bradford     $1,000,000
                County, Pennsylvania......................
  802     IL   Construct four lane extension of IL RT29         $600,000
                from Rochester to Taylorville.............
  803     IL   Widening of Old Madison Road, St. Clair        $2,000,000
                County....................................
  804     NY   Construction of Bicycle Path and Pedestrian      $500,000
                Trail in City of Dunkirk..................
  805     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Plains Township, Luzerne County........
  806       CA Replace I-880 overpass at Davis St in San        $750,000
                Leandro...................................
  807     PA   DuBois-Jefferson County Airport Access Road    $1,000,000
                Construction..............................
  808     GA   Streetscape project to improve                   $500,000
                accessibility and safety for pedestrians,
                Mount Vernon..............................
  809     IL   Replacement of Fullerton Avenue Bridge and     $4,800,000
                Pedestrian Walkway........................
  810     NH   Construct intersection at US 3 and Pembroke      $700,000
                Hill Road in Pembroke.....................
  811     FL   A new interchange with the Pineda Causeway    $11,000,000
                Extension and I-95........................
  812       CT Make Improvements to Groton Bicycle and          $380,000
                Pedestrian Trails and Facilities..........
  813     MN   TH36--Stillwater Bridge; cut-and-cover           $500,000
                approach to river crossing................
  814     NM   US 54 Reconstruction, Tularosa to Santa        $2,000,000
                Rosa......................................
  815     VA   Daniel Boone Wilderness Trail Corridor--       $3,200,000
                acquire site; design and construction of
                interpretative center, enhancement of
                trail corridor............................
  816     MI   Widening of M-24 from two lanes to four        $1,000,000
                lanes with a boulevard from I-69 to the
                county line...............................
  817     IN   Construct US 231 in Spencer and Dubois         $6,000,000
                Counties in Indiana.......................
  818     TN   Construct overpass at Highway 321 and          $6,500,000
                Highway 11 Loudon County, Tennessee.......
  819     SD   Improve the SD Advanced Traveler               $1,400,000
                Information System........................
  820     NV   Construct I-15 Widening--US 95-I-515           $6,000,000
                Interchange to Apex Road..................
  821     NY   Implement ITS system and apparatus to            $100,000
                enhance citywide truck route system on
                Avenue P between Coney Island Avenue and
                Ocean Avenue in the 9th District of New
                York......................................
  822     GA   Install sidewalks, trails, lighting, and         $500,000
                amenities in Balls Ferry Park, Wilkinson
                County....................................
  823       CA Construct Inland Empire Transportation         $1,500,000
                Management Center in Fontana to better
                regulate traffic and dispatch personnel to
                incidents.................................
  824     IL   Reconstruct Milwaukee Avenue, including Six   $17,000,000
                Corners...................................
  825     TX   Implementation and quantification of          $18,496,000
                benefits of large-scale landscaping along
                freeways and interchanges in the Houston
                region....................................
  826     PA   Design, engineering, ROW acquisition &           $250,000
                construction of a connector road between
                PA 115 & Interstate 81 in Luzerne County..
  827     AL   Pedestrian Improvements for Homewood, AL...      $100,000
  828     TN   Plan and construct a bicycle and pedestrian      $665,000
                trail, Gallatin...........................
  829     MA   Conduct design, feasibility and                $2,000,000
                environmental impact studies of proposal
                to relocate New Bedford/Fairhaven bridge..
  830     IA   Iowa City, IA Construction of arterial         $2,500,000
                extension project connecting Coralville to
                west and south Iowa City..................
  831     NJ   Rehabilitate Route 139 in Jersey City--        $2,000,000
                Portway...................................
  832     NJ   Route 605 extension to US-206..............    $1,000,000
  833     OH   Widen SR 170 Calcutta......................    $2,500,000
  834     IA   Widening of Hwy 44, Grimes.................      $500,000
  835     VA   Widening of Highway 15 in Farmville,           $5,000,000
                Virginia..................................
  836     MA   Design and construct intersection              $1,000,000
                improvements at Memorial Park II on
                Roosevelt Ave from Bay St to Page
                Boulevard, Springfield....................
  837      SC  Widening of Frontage Road from US 72 to US     $2,800,000
                56, Laurens, SC...........................
  838     NY   Mill Road: NY Rte 261 to North Avenue in       $2,500,000
                the Town of Greece........................
  839      NC  Widening of Beckford Drive, City of              $960,000
                Henderson.................................
  840     NY   Realignment of Clove Road and Rt 208,          $1,200,000
                access management improvements in Orange
                County....................................
  841     NY   City of Peeskill, NY Street Resurfacing           $52,000
                Program. Brown Street.....................
  842     FL   Fund advanced Right-of-Way Acquisition         $3,700,000
                along SR 52 in Pasco County, Florida......
  843     MA   Design, engineer, permit, and construct        $1,000,000
                ``Border to Boston Bikeway'' rails-trails
                project, from Salisbury to Danvers........
  844     FL   Soutel Drive Road Enhancements,                $1,500,000
                Jacksonville..............................
  845     NJ   Bicycle facilities in West Deptford              $115,000
                Township..................................
  846     PA   Create a direct connection between State       $3,000,000
                Road 29 and State Route 113...............
  847     MA   Design and construction of the north and       $1,500,000
                southbound ramps on Interstate 91 at Exit
                19........................................
  848     IA   NW 70th Ave reconstruction, Johnston.......    $4,500,000
  849     NY   Town of Minisink South Plank Road..........      $275,000
  850     VA   Town of St. Paul--restoration of historic        $150,000
                Hillman House to serve as trail system
                information center and construction of
                stations on trails........................
  851     PA   Conduct environmental review and acquire       $4,000,000
                right of way for preferred alternative to
                improve PA 41.............................
  852     FL   Acquire Right-of-Way for Ludlam Trail,           $750,000
                Miami, Florida............................
  853     NY   Construct Safe Routes to Schools projects      $3,000,000
                in New York City..........................
  854       CO Construction of US 24--Tennessee Pass,         $6,000,000
                Colorado..................................
  855       CA Implement Riverside Avenue Railroad Bridge       $500,000
                improvements, south of Interstate 10 in
                Rialto....................................
  856     MA   Longwood Ave/Urban Ring Tunnel Study.......      $450,000
  857     IL   Traffic Signal Coordination at US 45 at IL       $100,000
                132 (Grand Avenue) and IL 132 at Rollins
                Road and US 45 at Rollins Road............
  858     IA   US 63 improvement near New Hampton, Iowa...    $8,700,000
  859     NY   Village of Unionville reconstruction of           $80,000
                Main Street...............................
  860     TX   Widening from two lanes to four of SH 36       $7,000,000
                from Bellville, TX to Sealy, TX...........
  861     KY   Comprehensive Traffic Study for                  $600,000
                intersection of Main Street and Berea
                College Campus, Berea.....................
  862     TN   Improve State Route 62 in Morgan County        $2,000,000
                near US 27 in Wartburg to Petit Lane from
                existing two lane highway to four lanes...
  863     IL   Construct West Corbin Overpass over            $5,000,000
                Illinois 255, Bethalto....................
  864     OR   Improvements for intersections heavily           $250,000
                traveled through which include Beaverton
                Hillsdale Hwy Scholls Ferry and Oleson,
                Beaverton.................................
  865     FL   Improvements to I-75 in the City of            $9,750,000
                Pembroke Pines, Florida...................
  866       CA Planning, design, engineering and              $5,000,000
                construction of Naval Air Station, North
                Island access tunnel on SR 75-282
                corridor, San Diego.......................
  867       CA Construct road from Mace Blvd in Yolo          $1,000,000
                County to federally supported Pacific
                Flyway wildlife area......................
  868     PA   Construction of ramps on I-95 and US 322,      $3,000,000
                widening of streets and intersections.....
  869     NY   Construct and restore pedestrian and           $1,000,000
                residential roadways in downtown business
                district in Rockville Centre..............
  870     LA   Plan, design and construct Pointe Clair        $3,000,000
                Expressway in Iberville Parish............
  871     MA   Construction of East Milton Parking Deck       $1,000,000
                over Interstate/Rt. 93....................
  872     PA   Reconstruction of I-176 in Cumru and           $5,000,000
                Robeson Townships, Berks County...........
  873     MI   Resurfacing of Masonic Boulevard in Fraser.    $1,160,000
  874     OH   Construct Ohio River Trail from Downtown       $1,400,000
                Cincinnati, Ohio to Salem Road............
  875     PA   Realignment and reconstruction of SR60         $1,000,000
                interchange with US 22-30 and reconstruct
                adjacent Tonidale-Bayer intersection......
  876     NY   Construction and rehabilitation of East and      $930,000
                West John Streets in the Village of
                Lindenhurst, NY...........................
  877     NY   Construct Northern State Parkway and Long      $6,000,000
                Island Expressway access at Marcus Avenue
                and Lakeville Road and associated Park and
                Ride......................................
  878     PA   Deployment of an Intelligent Transportation    $2,500,000
                System along I-476 Pa Tpke NE Ext/Pa-309
                and I-76 Schuylkill Exwy in Montgomery
                County....................................
  879     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of PS 153.................
  880     TX   Build 36th Street Extension in San Antonio.    $2,000,000
  881       CA North Atlantic Pedestrian Bridge, Monterey       $600,000
                Park......................................
  882       CA Reconstruct Eastern Ave from Muller St to      $1,000,000
                Watcher St in Bell Gardens................
  883     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in West Pittston, Luzerne County..........
  884       CA Design Traffic Flow Improvements Azusa and     $1,250,000
                Amar, City of West Covina.................
  885     MI   Reconstruction of Nine Mile Road in            $1,120,000
                Eastpointe................................
  886     WA   Redmond, WA City-wide ITS..................    $1,000,000
  887     IL   Reconstruction and realignment of Baseline     $2,080,000
                Rd, Montgomery, IL........................
  888     NY   Transportation Enhancements to support           $750,000
                Development of Erie Canal in Niagra and
                Orleans Counties..........................
  889       CO US 160, East of Wolf Creek Pass............    $7,500,000
  890     MA   Design, engineering and construction at I-     $2,500,000
                93 The Junction Interchange, Andover,
                Tewksbury and Wilmington..................
  891       CA Rosemead Boulevard/Highway 19 Renovation         $100,000
                Project, Pico Rivera......................
  892     PA   Intersection improvements at PA Route 209        $500,000
                and Water Company Road, construction of a
                bridge and access enhancements to Nature
                and Arts Center, Upper Paxton Township....
  893     TX   Improvements to FM 1979 in Caldwell County.      $300,000
  894     HI   Interstate Route H1 guard rail and shoulder    $3,800,000
                improvements, Waikele Bridge to Airport
                Interchange, Honolulu.....................
  895     MI   M-168 Reconstruction in the village of         $2,200,000
                Elberta...................................
  896       CA Colima Road at Fullerton Road Intersection     $1,000,000
                Improvements..............................
  897     OH   Design and construct Youngstown State          $2,500,000
                University Roadway and Pedestrian Safety
                Improvements, Youngstown..................
  898     MO   Reconstruct Interstate 44 and Highway 39       $5,000,000
                Interchange...............................
  899     WA   Complete final Columbia River crossing           $800,000
                Environmental Impact Statement for SR-35
                in Klickitat County.......................
  900     KY   Reconstruct US 127 at Bellows Road, Mercer       $600,000
                County....................................
  901     NY   Roadway and Pedestrian Improvements for        $2,000,000
                Times and Duffy Squares in New York City..
  902     FL   Six lane expansion of State Road 200 (A1A)     $4,000,000
                from Interstate 95 east to Amelia Island..
  903     MI   Widen and reconstruct Tienken Road in          $4,000,000
                Rochester Hills from Livernois to Sheldon.
  904     NV   Design and Construct I-580 Meadowood           $2,000,000
                Complex Improvements, Washoe County.......
  905     NY   Town of Chester reconstruction of 13             $200,000
                independent town roads....................
  906     NY   Implement ITS system and apparatus to            $100,000
                enhance citywide truck route system at 9th
                Street and 3rd Avenue intersection in
                Kings County..............................
  907     TX   Construction of highway infrastructure to      $1,000,000
                provide flood protection for Nueces County
  908     FL   Widen State Road 80, Hendry County.........    $3,500,000
  909     NE   Construction of the Columbus, Nebraska         $4,500,000
                North Arterial Road.......................
  910     KY   Extension of Newtown Pike from West Main      $16,500,000
                Street to South Limestone Street,
                Lexington.................................
  911     OH   Road construction and related improvements       $500,000
                in the Village of Gates Mills, OH.........
  912     IL   Widening and Reconstruction of 55th Street     $1,000,000
                from Holmes Avenue to Williams Street in
                Westmont and Clarendon Hills..............
  913     IL   Road upgrades for the Village of Oreana, IL      $884,000
  914     ID   Widen Amity Road from Chestnut Street to       $2,000,000
                Robinson Road in Nampa, Idaho.............
  915     TX   Widening FM 60 (University Drive) from SH6     $3,000,000
                to FM 158, College Station................
  916     GA   Widening Cedarcrest Road from Paulding         $3,150,000
                County line to Governors Towne............
  917       CA Widening Avenue 416 in Dinuba California...    $1,500,000
  918     MA   Design and construction of streetscape           $600,000
                improvements on Main and Maywood Streets,
                Worcester.................................
  919     TX   Extend Munn Street from Demaree Ln to          $1,000,000
                Gellhorn Drive............................
  920     MN   City of Moorhead SE Main GSI, 34th St. and     $3,000,000
                I94 Interchange and Moorhead Comprehensive
                Rail Safety Program.......................
  921     AL   Widening and safety improvements to SR-216     $3,000,000
                between SR-215 and I-59, I-20.............
  922     WA   Improve 13.5 mile section of Klickitat           $250,000
                bicycle and pedestrian trail between Lyle
                and Klickitat.............................
  923     IL   Improve safety of culvert replacement on         $320,000
                250th Rd between 460th St and Cty Hwy 20
                in Grandview Township, Edgar County, IL...
  924     NY   Kingston, Improve uptown streets...........    $1,000,000
  925     PA   Replace Blair Creek Bridge over the Little     $1,600,000
                Lehigh Creek, just west of the Maple Grove
                Bridge, in Longswamp Township, Berks
                County....................................
  926       CA Construct highway connecting State Route 78/   $9,500,000
                86 and State Route 111, Brawley...........
  927     GA   Widening and improvements on Colerain Road     $1,000,000
                in St. Marys, Georgia.....................
  928     MD   Implement Pedestrian and Roadway               $2,000,000
                Improvements Contained in the Druid Hill
                Park Neighborhood Access Program in
                Baltimore.................................
  929     AZ   Kabba Wash project between I-40 and Wikieup    $2,000,000
  930     ME   Route 2 Improvements from Bethel to Gilead.      $500,000
  931     FL   Widening and Improvements for I-75 in         $27,000,000
                Collier and Lee County....................
  932     TX   Widening 349 Dawson and Martin County......    $2,000,000
  933     WI   Widen Wisconsin State Highway 64 between       $4,000,000
                Houlton and New Richmond..................
  934     IN   Widen Wheeling Avenue from Centennial to         $960,000
                McGalliard Road in the City of Muncie,
                Indiana...................................
  935     MN   Construct a bike trail along the north side      $540,000
                of TH 11 to the Voyageurs National Park
                Visitor Center on Black Bay of Rainy Lake.
  936     FL   Construct pedestrian underpass and safety      $1,600,000
                improvements at SR-A1A and Castillo Drive,
                City of St. Augustine.....................
  937       CA Rehabilitate street surfaces in Sherman          $124,000
                Oaks......................................
  938       CA Repair and realignment of Brahma Dr. and         $300,000
                Winnetka Ave..............................
  939     NJ   Riverwalk in Millburn along the West Branch      $750,000
                of the Rahway River.......................
  940     AL   I-20 widening and safety improvements in       $4,000,000
                St. Clair County..........................
  941     TN   Plan and construct Rutherford County             $500,000
                visitor's center/ transportation
                information hub...........................
  942     UT   Streetscape a two-lane road and add turning      $500,000
                lanes at key intersections on Santa Clara
                Drive in Santa Clara......................
  943       CA US 101 Operational Improvements, San Jose..    $5,000,000
  944     IL   Upgrade traffic signal system on 87th            $500,000
                Street, Chicago...........................
  945     LA   Water Well Road Gateway Cooridor (LA 478)--    $5,650,000
                Design, Right of Way, and Construction of
                3.6 miles from I-49 to LA 1...............
  946       CO East 104th and US 85 Intersection: Study,      $1,000,000
                design and construction of needed
                improvements to intersection..............
  947     FL   Widen West Virginia Drive from Floresta        $3,000,000
                Drive to US 1 in St. Lucie................
  948     ID   Widen US 95 in Idaho from Jct. SH-1 to         $3,000,000
                Canadian Border...........................
  949     IL   Engineering of the Willow Creek Trail            $200,000
                Extension from Rock Cut State Park to the
                Long Prairie Trail........................
  950       CA Widen Interstate 8 overpass at Dogwood         $2,122,500
                Road, Imperial County.....................
  951       CA Improve bridge 58-7 on SR-115 that crosses     $1,000,000
                the Alamo River in Holtville and also
                project design and environmental analysis
                of a new bridge over the same river.......
  952     ID   Widen US 95 from Worley to Mica Creek,         $3,000,000
                Idaho.....................................
  953     MI   Complete the 2 segments of US 127 from         $5,000,000
                Ithaca to St. Johns to a limited access
                freeway...................................
  954       CA Construct a new interchange where I-15        $10,000,000
                meets Cajalco Road in Corona, CA..........
  955     OH   Construct interchange at CR 80 on IR 77        $5,000,000
                near Dover................................
  956     TX   US 67, widening from Nolan River to West       $3,000,000
                Buffalo Creek, Cleburne...................
  957      NC  Widen and improve I-85 through Cabarrus        $8,000,000
                County from US 29-49 to 29-601............
  958      NC  US 401 from Raleigh to Fayetteville........    $4,000,000
  959     GA   Construct and Improve Westside Parkway,        $4,000,000
                Northern Section, in Fulton County........
  960     NY   City of Peeskill, NY Street Resurfacing          $130,000
                Program. Hudson Avenue....................
  961       CA Construction of CA 101 Auxiliary Lanes,        $2,250,000
                Marsh Rd. to Santa Clara County Line......
  962     NY   For the acquisition of ferry boats and         $1,500,000
                ferry terminal facilities and operation of
                ferry service from Rockland County-Yonkers-
                Manhattan.................................
  963     IL   For engineering, right-of-way acquisition      $1,750,000
                and reconstruction of two existing lanes
                on Arsenal Road from Baseline Rd to Rt 53.
  964     PA   For the Scranton City Redevelopment            $2,500,000
                Authority to design, engineer, acquire ROW
                & construct streetscapping enhancements,
                paving, lighting & safety improvements,
                parking & roadway redesign................
  965     FL   Construct landscaped sidewalks, bus lanes,     $1,536,041
                pedestrian/bicycle paths, vehicular lanes,
                City of Plantation........................
  966     NY   Improve Route 17--Access Control, Elmira to    $2,500,000
                Chemung...................................
  967     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Plymouth Borough, Luzerne County.......
  968     ID   Improve SH-75 from Timmerman to Ketchum....    $5,000,000
  969     OR   Improve U.S. 97 from Modoc Point to Algoma.    $2,000,000
  970     SD   Construct an interchange on I-90 at Marion     $1,400,000
                Road west of Sioux Falls..................
  971       CA Realign First St between Mission Rd and        $1,250,000
                Clarence St in Los Angeles................
  972     MO   Relocation of Route 13 Branson West Bypass.    $5,200,000
  973     IL   Resurfacing Congress Parkway, The Illinois       $500,000
                Department of Transportation..............
  974     RI   Establish interchange between Route 4 and      $6,000,000
                Interstate 95.............................
  975     TX   Improvements to FM 676 in Alton............      $500,000
  976     MA   Reconstruction of Goddard Memorial Drive       $2,000,000
                from State Route 9 to Airport Drive,
                Worcester.................................
  977     FL   Homestead, FL Widening of SW 320 Street        $2,500,000
                (Mowry Drive) from Flagler Avenue to SW
                187 Avenue................................
  978       CT Broad Street Reconstruction Project in New     $1,800,000
                Britain...................................
  979     PA   Construct Johnsonburg Bypass...............    $4,400,000
  980       CT Construct Valley Service Road Extension,       $2,000,000
                North Haven...............................
  981     VA   Construction of transportation related         $1,000,000
                enhancements and infrastructure of the
                VMFA project..............................
  982     MI   Reconstruct and Widen I-94 in Kalamazoo, MI   $14,000,000
  983     MD   Land Acquistion for Highway Mitigation in     $19,500,000
                Cecil and Worcester Conties, MD...........
  984       CA Construct overpass on Central Ave at the         $750,000
                railroad crossing in Newark...............
  985     IL   City of Bartonville, Street widening and         $952,572
                improvements and sidewalk improvements....
  986     OH   Construct Williamsburg, Ohio to Batavia,         $250,000
                Ohio Hike & Bike Trail....................
  987     IL   The continuation of US Route 12 from the       $3,000,000
                Wisconsin state line to the intersection
                of Tryon Grove Road, Route 12 and Illinois
                State Route 31............................
  988     FL   US17-92 and French Ave. Roundabout, Sanford      $500,000
  989     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Hanover Township, Luzerne County.......
  990     MI   Reduction from 3.5 miles of travel to 1.0      $3,000,000
                miles of travel crossing over the
                Tittabawassee River on Meridian Road......
  991     ID   Widen US-95 from Top of Lewiston Hill to       $2,000,000
                Moscow, Idaho.............................
  992     TX   Construct a pedestrian/bicycle trail in the      $750,000
                Sunnyside area of Houston.................
  993     TX   Construct remaining 800-foot 4-lane divided    $1,160,000
                thoroughfare for Preston Rd segment
                between Beltway 8 and Genoa Red Bluff Rd..
  994     AS   Shoreline protection and drainage              $1,000,000
                mitigation for Aua village roads..........
  995      SC  Medical University of South Carolina           $4,000,000
                Roadway Enhancement.......................
  996     PR   Replacement ferries on Culebra and Vieques     $2,000,000
                routes....................................
  997     MI   Livonia, reconstruct Stark Rd. between         $1,000,000
                Plymouth Rd. and I-96.....................
  998     PA   PA Route 309 roadway construction and          $2,000,000
                signalization improvements in Tamaqua
                Borough...................................
  999     MA   Union Square Roadway & Streetscape               $500,000
                Improvements..............................
 1000     TX   Improvements to South McColl Road in           $2,400,000
                Hidalgo County............................
 1001     MS   Widen US Hwy 61 and improve major              $2,000,000
                intersections, Natchez....................
 1002     TX   Widen US 82 from 2-lane facility to 4-lane     $4,000,000
                facility from FM 1417 in Sherman, TX to US
                69 in Bells, TX...........................
 1003     TX   Widen US 79, from FM 1512 near Jewett to IH-   $2,000,000
                45 to a four-lane divided highway.........
 1004     TN   Construct shoulder and turn lane on SR 35      $1,500,000
                in Seymour, Tennessee.....................
 1005     NE   Construction of Heartland Expressway           $7,500,000
                between Alliance and Minatare, NE.........
 1006     WA   Pedestrian Sidewalk Construction in              $175,000
                Snohomish.................................
 1007     TN   North Second Street Corridor Upgrade,          $2,000,000
                Memphis...................................
 1008     OH   Purchase High Speed Ferries for Black River      $750,000
                Excursion Boat Service, Lorain............
 1009     MD   MD4 at Suitland Parkway....................    $4,000,000
 1010     OK   Widen US 60 from approximately 2 miles east    $1,000,000
                of the US 60-US 75 interchange east
                approximately 5.5 miles...................
 1011      NC  Widen US 401 from Wake County to Louisburg.    $3,000,000
 1012     PA   CUPSS, Pennsylvania, Urban Maglev              $5,000,000
                Demonstration Test Project................
 1013     TX   Widen US 287 Bypass at Ennis from two to       $7,000,000
                four lanes................................
 1014     KY   Widen US 27 from KY 34 to US 150 Bypass,       $2,000,000
                Garrard County and Lincoln County.........
 1015     MN   Right of way acquisition for Mississippi       $1,000,000
                River Bridge connecting I94 and US10
                between US169 and TH101...................
 1016     WI   Rehabilitate Highway 53 between Chippewa       $4,000,000
                Falls and New Auburn......................
 1017     IL   Widen U.S. Route 67 from Macomb to Illinois    $2,000,000
                101.......................................
 1018     IL   Widen U.S. Route 51 from Pana to Vandalia..    $3,000,000
 1019     IL   Widen U.S. Route 34 from U.S. 67 to Carmen     $4,000,000
                Road......................................
 1020     WA   Alaskan Way Viaduct and Seawall............   $14,000,000
 1021     NJ   East Coast Greenway bicycle and pedestrian     $1,000,000
                path from New Brunswick to Hudson River...
 1022     FL   Construct bicycle and pedestrian undperpass    $1,500,000
                and park under I-95, Miami................
 1023       CA Implement Van Nuys Road and Safety               $500,000
                Improvements..............................
 1024     FL   New systems interchange ramps at SR 417 and    $6,000,000
                Boggy Creek Road in Orange County, FL.....
 1025     NY   Reconstruction of Tappan Street Bridge in      $1,000,000
                Town of Newark Valley.....................
 1026     IL   Widen Rakow Road from Ackman Road to IL Rt     $6,400,000
                31 in McHenry County, Illinois............
 1027     IL   Widen U.S. Route 30 from Rock Falls to           $500,000
                Round Grove, Whiteside County.............
 1028     TN   Bristol, Tennessee highway-RR grade               $50,000
                crossing improvement--Cedar Street........
 1029     IL   Perform Broadway and Sheridan Road signal      $1,500,000
                interconnect project, Chicago.............
 1030     IL   Widen U.S. Highway 30 in Whiteside County,     $1,000,000
                Illinois..................................
 1031     WI   Rehabilitate existing bridge and construct     $5,000,000
                new bridge on Michigan Street in Sturgeon
                Bay, Wisconsin............................
 1032     ME   Replacement of the Route 201-A ``covered''     $1,000,000
                bridge, Norridgewock......................
 1033     AR   Widen to four lanes, improvement, and other    $5,000,000
                development to U.S. Highway 167 from LA
                state line north to I-530.................
 1034     PA   Widen the Route 412 corridor from I-76 into   $10,000,000
                the City of Bethlehem.....................
 1035     HI   Construct access road for Kahului Airport..    $1,000,000
 1036     IL   Improve Highway-Railroad Crossings,              $750,000
                Galesburg.................................
 1037     MN   Sauk Rapids Bridge and Roadway Replacement     $6,000,000
                in Sauk Rapids, MN........................
 1038     TN   Construct Transportation and Heritage          $1,000,000
                Museum in Townsend, Tennessee.............
 1039       CA Widen State Route 98, including storm drain    $3,000,000
                developments, from Kloke Road to State
                Route 111, Calexico.......................
 1040       CA Widen State Route 98 from Route 111 to         $5,000,000
                State Route 7, Calexico...................
 1041     GA   Construction of bypass around town of          $2,500,000
                Hiram, from SR 92 to US 278, Paulding
                County, Georgia...........................
 1042     TX   Construction of the interchanges at BI20       $2,500,000
                and IH20 for JBS Parkway..................
 1043       CA Widen State Route 46 between Airport Road     $33,461,000
                and the Shandon Rest Stop in San Luis
                Obispo County.............................
 1044     TN   Widen State Route 4 (US-78) from               $1,000,000
                Mississippi State Line to Getwell Road (SR-
                176) in Memphis, Shelby County............
 1045     MI   Baraga County, Reconstruction of county          $750,000
                primary road on Bayshore Drive from
                Haanpaa Road northerly 1.7 miles to
                Whirligig Road............................
 1046     NY   Town of Warwick, NY walking and biking           $500,000
                trail.....................................
 1047     AK   Bridge over Fish Creek in Matanuska-Susitna    $1,000,000
                Borough...................................
 1048     GA   GA 400 and McGinnis Ferry Road Interchange,    $3,900,000
                Forsyth County, GA........................
 1049     NY   Implement Improvements for Pedestrian          $1,000,000
                Safety in Kings County....................
 1050     NY   Reconfigure road through FDR VA Hospital to      $395,000
                provide access to Battery Place in Town of
                Cortlandt.................................
 1051       CA Widen State Route 262, replace two railroad    $4,000,000
                overpass structures, and rebuild on and
                off ramps between SR 262 and Kato Rd in
                Fremont...................................
 1052     TN   Widen State Route 101 in Cumberland County     $8,000,000
                from two lane highway to five lanes
                between State Routes 282 (Dunbar Road) and
                392 in Crossville.........................
 1053     FL   Widen State Road 50 in Lake County, Florida    $7,000,000
 1054     AZ   Widen SR 95 through Lake Havasu City.......    $2,000,000
 1055     GA   Widen SR 85 from SR 74 to County Route 126     $3,000,000
                Bernhard Road, Fayette County, Georgia....
 1056       CT Construct New arterial roadway from Boston    $10,000,000
                Avenue north to proposed Lake Success
                Business Park in Bridgeport, CT...........
 1057     MI   M-13 Washington Avenue Streetscape Project.    $1,500,000
                Phase II of High Priority Project 192 in
                PL 105-550. City of Saginaw...............
 1058     TX   Improvements to FM 716 in Duval County.....    $1,000,000
 1059     NY   Town of Chester Surrey Meadow subdivision        $300,000
                road improvements.........................
 1060     PA   Cresheim Valley Drive Revitalization           $1,100,000
                project involving scenic enhancements &
                pedestrian safety improvements from
                Lincoln Drive to Navajo Street............
 1061      NC  Transportation Improvements at Piedmont        $2,000,000
                Triad Research Park, Winston-Salem, NC....
 1062     MO   Upgrade and partially relocate MO Rt 141       $2,600,000
                from I-64 to Rt 340.......................
 1063     NY   Construct Millennium Parkway in the Towns     $10,500,000
                of Dunkirk and Sheridan...................
 1064     AZ   Construct the Rio Salado Parkway to connect    $8,000,000
                I-10 and Loop 202 freeways to 7th Street
                in downtown Phoenix.......................
 1065     TN   Improving Vehicle Efficiencies at At-Grade       $104,000
                highway-Railroad Crossing in Lenoir City,
                TN........................................
 1066     NJ   Replacement of Monmouth County bridges W-7,    $2,000,000
                W-8, and W-9..............................
 1067     OK   US-54, Widen US-54 from North of Optima        $1,000,000
                Northeast to Kansas State Line, Texas
                County, OK................................
 1068     FL   Widen Palm Coast Parkway and I-95              $2,900,000
                interchange and overpass, Flagler County,
                Florida...................................
 1069     FL   Delray Beach Federal Highway pedestrian        $2,000,000
                improvements SE 4th Street to NE 4th
                Street....................................
 1070     WI   Expand Highway 10 between Marshfield and      $20,000,000
                Stevens Point.............................
 1071     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of IS 72/PS 69............
 1072     TN   Upgrade roads for Slack Water Port facility    $1,875,000
                and industrial park Lake County...........
 1073     AK   Emergency evacuation road at Point Hope in     $3,000,000
                North Slope Borough.......................
 1074     MI   Construct railroad grade separation on M-85    $2,000,000
                (Fort Street) North of Van Horn Road,
                Trenton...................................
 1075     IL   Land acquisition, engineering, and             $1,000,000
                construction for the initial 2-lane
                segments of the Corridor between IL31 to
                IL25 and other segments of the Corridor as
                appropriate...............................
 1076     PA   Modernize traffic signals, complete minor        $480,000
                roadway realignment, and improve
                channelization at US322 and PA10
                intersection..............................
 1077     KS   Construction of a four-lane access            $10,686,000
                controlled improvement for 4 miles on US-
                54/400 in Pratt County....................
 1078     IN   Upgrade rail crossing at 93rd Avenue, St.        $200,000
                John......................................
 1079     FL   Widen SR 710 by 2 lanes from Congress          $3,000,000
                Avenue to US-1............................
 1080     GA   Widen SR 234/Gillionville Road from Eight      $1,000,000
                Mile Road to Lockett Station, Dougherty
                County....................................
 1081       CA Widen SR 12 to four lanes through Jamieson     $5,000,000
                Canyon (between I-80 and SR 29) for safety
                concerns and economic growth..............
 1082     GA   Widen SR 104 from SR 383/Belaire Road to CR    $4,000,000
                515/Cumberland Drive (including bridges)
                in Columbia County........................
 1083     IN   Study Traffic on Muncie By-Pass from             $120,000
                Centennial Avenue to McGalliard Road in
                the City of Muncie and Delaware County,
                Indiana...................................
 1084     FL   Construct US 17-92 improvements, Maitland,     $1,500,000
                Florida...................................
 1085       CA Widen South Main St.-Soda Bay Rd. between      $3,000,000
                CR 400A (mile marker 0.0-miler marker and
                0.7) and CR 502 (mile marker 0.0 and 0.9).
 1086     VA   Replacement of the 635 Bridge in Orange          $500,000
                County, VA................................
 1087     TX   construct Loop 20 in Laredo................   $16,000,000
 1088     IA   Construct SE Connector/MLK Pkwy, Des Moines    $7,500,000
 1089     FL   Construction and Design of Miami River         $2,000,000
                Greenway Road Improvements and 5th Street
                Improvements..............................
 1090     TX   Widen SH 317 from two lanes to four lane       $2,000,000
                divided facility..........................
 1091     TX   Widen SH 205 from two lanes to a six lane      $1,000,000
                urban divided highway from North of SH 66
                to proposed SH 276........................
 1092       CA Widen Santa Maria River Bridge on U.S.         $3,400,000
                Highway 101 between Santa Barbara County
                and San Luis Obispo County................
 1093       CA Widen San Fernando Road North, including       $1,060,000
                streetscape projects, Sylmar..............
 1094     PA   Central Susquehanna Valley Transportation      $4,100,000
                Project US 15: $5 million for the final
                design....................................
 1095     NJ   Construct Rt 49 Cohansey River Bridge          $3,000,000
                Replacement, Cumberland County............
 1096     ME   Construction and snowmobile safety             $4,000,000
                accommodations for Route 116 Bridge,
                Medway....................................
 1097     MI   Construct pedestrian trail and bridge in         $100,000
                Kearsley Park in Flint....................
 1098     IA   Coralville, IA Implementation of final           $900,000
                phase of Safety Improvements Project from
                12th Ave to 22nd Ave......................
 1099     IL   Expand and improve Illinois Route 47           $6,400,000
                Roadway from Reed Road to Kreutzer Road in
                Huntley, Illinois.........................
 1100     NY   Build Route 15, Pennsylvania to Presho.....   $10,000,000
 1101     GA   I-285 Riverside interchange reconstruction,    $1,500,000
                Fulton County, Georgia....................
 1102     MN   Construct 3 segments of Cuyuna Lakes           $1,200,000
                Trails, Crow Wing County..................
 1103     WA   Improve I-5 interchange at 134th Street in    $11,350,000
                Clark County..............................
 1104     GA   Construct Pedestrian Safety Improvements on    $3,000,000
                Buford Hwy (SR-13), Dekalb County.........
 1105      DC  11th St. Bridges, Rehabilitation of           $32,000,000
                structures as well as new ramps to provide
                for traffic at Navy Yard, Southeast
                Federal Ctr., and Gateway Government Ctr..
 1106     MO   Improve U.S. 36 to divided four lane           $8,000,000
                expressway from Macon to Route 24.........
 1107     VA   Mill Road Slip Ramp........................      $500,000
 1108     NY   Construct sidewalks and curbing on Tate          $375,000
                Avenue in Village of Buchanan.............
 1109     MI   Delta County, Widen, pulverize, improve          $575,000
                drainage at County Rd 497 from US 2 at
                Nahma Junction southerly 4.75 miles to the
                village of Nahma..........................
 1110     UT   Construction of 200 North Street highway-      $4,000,000
                rail graded crossing separation,
                Kaysville, Utah...........................
 1111     FL   Kennedy Blvd. Reconstruction, Eatonville...    $2,000,000
 1112     VA   Improvements to public roadways within the     $2,000,000
                campus boundaries of the Virginia
                Biotechnology Park, Richmond, VA..........
 1113     VA   Install Transporation Critical Incident          $400,000
                Mobile Data Collection Device in
                Charlottesville...........................
 1114     NY   Ithaca, Design and construct pedestrian and      $544,000
                bicycle path..............................
 1115     AZ   Navajo Mountain Road on the Navajo Nation..    $1,000,000
 1116     PA   Expansion of existing PA Turnpike ITS          $4,100,000
                System....................................
 1117     TX   Construction of ferryboat for City of Port       $400,000
                Aransas...................................
 1118     NY   Project will rehabilitate and reopen           $5,000,000
                historic High Bridge, which crosses the
                Harlem River between Manhattan and the
                Bronx.....................................
 1119     NJ   Route 17 Congestion Improvements and          $12,000,000
                Widening, from Williams Avenue to the
                Garden State Parkway and Route 4 in Bergen
                County....................................
 1120     IN   Design and construct Tanner Creek Bridge on    $1,240,000
                US50, Dearborn County Indiana.............
 1121      NC  Environmental studies and construction of      $5,000,000
                US 74 Monroe Bypass Extension.............
 1122     OH   Construct Pedestrian Bridge from east of       $2,140,000
                Dock 32 to Voinovich Park southwest
                corner, Cleveland.........................
 1123     GA   Extension of Sugarloaf Parkway, Gwinnett       $1,000,000
                County....................................
 1124     ME   Construct bicycle and pedestrian bridge        $1,000,000
                over Stillwater River, Orono..............
 1125     IL   For widening from two to four lanes, the         $750,000
                Brookmont Boulevard Viaduct in Kankakee,
                IL and adjusting approach grades..........
 1126     GA   I-285 SR 400 interchange reconstruction and    $1,000,000
                HOV interchange, Fulton County, Georgia...
 1127     MN   Construct a road between Highway 332 and TH      $300,000
                11 including a signalized rail road
                crossing, Koochiching County..............
 1128     MO   Hanley Road from I-64 to south of State        $4,000,000
                Route 100, St. Louis County...............
 1129     AL   Expand SR-167 from Troy, AL to Enterprise,     $3,000,000
                AL........................................
 1130     MN   Construction of primary and secondary          $4,250,000
                access roadways to the Duluth Air National
                Guard Base, City of Duluth................
 1131       CT Construct high-speed rail crossing to bike     $2,300,000
                and pedestrian trails--Enfield, CT........
 1132     TX   Expansion of Port Rd at Northbound Frontage    $7,340,000
                Rd of SH146 east to intersection with
                Cruise Terminal Rd to 6-lane section with
                raised median.............................
 1133     TN   Constuct Western Bipass from Zinc Plant        $3,400,000
                Road to Dotsonville Road, Montgomery
                County....................................
 1134       CA Improvements to SR-67, Mapleview to Dye        $5,000,000
                Road (San Diego)..........................
 1135     TN   Plan and construct a bicycle and pedestrian      $250,000
                trail, Springfield........................
 1136     TX   Expansion of Daniel McCall Dr., Lufkin, TX.    $3,220,000
 1137     NY   Rehabilitate the Pines Bridge Road and Lake    $2,765,000
                Avenue and Ryder Road, in Ossining,
                Yorktown, and New Castle..................
 1138       CA Construct Valley Boulevard Drainage              $750,000
                Improvements, El Monte....................
 1139     NJ   Route 82 Union County Streetscape and          $1,000,000
                Intersection Improvements.................
 1140     NY   Short Clove Road Rail Overpass, Haverstraw.    $1,000,000
 1141     FL   Construct Atlantic Boulevard Improvements,     $1,000,000
                Key West, Florida.........................
 1142       CA Implement intelligent management &             $3,000,000
                logistics measures to improve freight
                movement, Gateway Cities..................
 1143     WI   Expand USH 45 between CTH G and Winchester,    $5,000,000
                Winnebago County, WI......................
 1144     NY   Implement ITS system and apparatus to            $100,000
                enhance citywide truck route system on LIE
                Eastbound Service Road at 74th Street to
                Caldwell Ave, Grand Ave from 69th Street
                to Flushing Ave, and Eliot Ave from 6.....
 1145     IA   Construct IA-32 Arterial from US 20 in        $19,000,000
                Dubuque Co, IA to US 61 and US 151........
 1146     HI   Kapolei Transportation Improvements, Island    $1,000,000
                of Oahu...................................
 1147     MA   Quincy Avenue Bridge Replacement...........      $900,000
 1148       CA Los Angeles Regional Diesel Emissions            $500,000
                Reduction Program For Engine Retrofit,
                Gateway Cities............................
 1149     IL   Reconstruct intersection of Wood Dale and     $12,300,000
                Irving Park roads in DuPage County, IL....
 1150     GA   Social Circle bypass completion, from          $3,000,000
                Stanford Road to SR 11, Social Circle.....
 1151     GA   Streetscape Project to install sidewalks         $500,000
                and bicycle trails, Gray..................
 1152     MO   Reconstruction of the Tucker Street Bridge     $7,000,000
                in the City of St. Louis..................
 1153     PA   Bethlehem Pike improvements from Valley        $1,000,000
                Green Road to South of Gordon Lane,
                Springfield Township......................
 1154     GA   Construct I-75 I-575 HOV interchange, Cobb       $600,000
                County, Georgia...........................
 1155     IL   Construct multi-use pedestrian path between      $250,000
                Oakton St. and Dempster St., Skokie.......
 1156     AZ   Construct link from Twin Peaks Road to I-10    $5,000,000
                and Linda Vista Blvd. including bridge
                over Santa Cruz River and overpass of
                Union Pacific Rail Road...................
 1157     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Newport Township, Luzerne County.......
 1158     VA   Fries Train Station and Trail--restoration     $1,000,000
                of former train station for use as
                visitors center and construction of trail
                along New River...........................
 1159     PA   Construction SR 3024, Middle Creek Bridge        $700,000
                II, South Canaan, Wayne County............
 1160     WI   Expand USH 141 between STH 22 and STH 64       $2,000,000
                (Oconto and Marinette Counties, Wisconsin)
 1161     IL   Development of a coordinated trail system,     $3,200,000
                parking and trial systems in Dixon, IL....
 1162     PA   Installation of comprehensive signage            $900,000
                system across 1700 acres of urban parks in
                Pittsburgh................................
 1163     GA   Interstate 75/Windy Hill Road Interchange..    $2,000,000
 1164     NJ   Bridge replacement and SR31 widening over      $1,000,000
                the Raritan Valley Line in Glen Garnder,
                Hampton, Hunterdon County.................
 1165     VA   Bristol Train Station--historic                  $500,000
                preservation and rehabilitation of former
                Bristol, VA train station.................
 1166       CO I-25 Improvements--Douglas-Arapahoe County     $4,000,000
                Line to El Paso County Line...............
 1167     TN   Reconstruct connection with Hermitage            $500,000
                Avenue to Cumberland River Bluff in
                Nashville.................................
 1168     IL   For Village of Lemont to construct a bridge      $100,000
                over Chicago Ship and Sanitary Canal
                linking Centennial Trail to I&M Canal
                Trail.....................................
 1169     OH   Construct roadway improvement along State        $100,000
                Route 62 in Berlin........................
 1170     NY   Reconstruction and improvements of             $2,000,000
                University Avenue and the extension of the
                ARTWalk project, Rochester................
 1171     NH   Reconstruction and Improvements to NH Route    $2,000,000
                110 in Berlin.............................
 1172     PA   Route 6 Resurfacing from Mansfield Borough     $1,000,000
                in Richmond Township to the Village of
                Mainesburg in Sullivan Township...........
 1173     WA   SR 167--Right of way acquisition for a new     $2,500,000
                freeway connecting SR 509 to SR 161.......
 1174     MD   I-70: Frederick............................    $3,000,000
 1175     NY   Planning and Construction of Fort Drum         $6,000,000
                Connector Rd..............................
 1176       CA Study and construct highway alternatives      $10,000,000
                between Orange and Riverside Counties,
                directed by RCTC, working with local
                transp. authorities, and guided by the
                current MIS...............................
 1177       CA Fresno County, CA Widen Friant Road to four    $1,500,000
                lanes with class II bicycle lanes.........
 1178     MO   Study for Highway 160 & Kansas Expressway      $2,000,000
                Corridor..................................
 1179     FL   Construct Route 9B from US 1 to Route 9A (I-   $5,000,000
                295) to the Duval County line.............
 1180     PA   Design, const. widening of PA 94 from York-    $3,000,000
                Adams County line to Elm Street in
                Hanover, PA...............................
 1181       CA Improvement of intersection at Burbank           $160,000
                Blvd. and Woodley Ave.....................
 1182     NY   I-81 Corridor Improvements in Syracuse, NY.    $2,000,000
 1183     WA   Perform final interchange design and           $1,050,000
                property acqusition at Fleshman Way where
                it crosses SR 129, that enhances safety
                and passenger and freight mobility and
                reduces congestion........................
 1184     WA   Roosevelt Extension at Urban Avenue to         $4,000,000
                Cameron Way in Mount Vernon...............
 1185     NJ   Hazel Street reconstruction, Passaic County    $2,250,000
 1186     FL   Improvements to Eller Drive including right-   $1,000,000
                of-way acquisition and construction of
                return loop connector.....................
 1187     MO   Study Highway 37-60 Entire Corridor........    $2,500,000
 1188     TX   The District-Tyler Outer Loop 49               $5,880,000
                Construction..............................
 1189     PA   Tidal Schuylkill Riverfront project            $1,680,000
                consists of an eight mile bike and
                pedestrian recreation trail from Locust
                Street to Historic Bartram's Gardens......
 1190     NY   Town of Fishkill reconstruct Maple Ave.....       $24,500
 1191     IL   For IDOT to expedite pre-construction and      $3,500,000
                construction to widen I-55 from Naperville
                Road south to I-80........................
 1192     UT   200 East Minor Arterial, Logan City, Utah..      $900,000
 1193     NJ   Construct I-287, I-80, Route 202               $1,000,000
                Interchange...............................
 1194     NY   Design and construction of Fulton Street       $5,600,000
                from Clinton Avenue to Bedford Avenue in
                Brooklyn, New York........................
 1195     TX   Port of Corpus Christi Joe Fulton                $500,000
                International Trade Corridor for
                congestion and safety enhancements........
 1196     MO   Renovations and Enhancements on the Bicycle      $800,000
                Pedestrian Facility on the Old Chain of
                Rocks Bridge spanning the Mississippi
                River.....................................
 1197       CT Construct Shoreline Transportation             $2,000,000
                Enhancement Projects, Guilford, Branford,
                East Haven................................
 1198     NJ   Highway Improvements in Liberty Corridor...    $5,000,000
 1199     OH   Construct SR 104 into a 4 lane facility        $6,000,000
                with a turning lane in Ross County........
 1200     MO   Construct 2 lanes on Hwy 45 from Hwy 9 to      $3,000,000
                Graden Road in Platte County..............
 1201     MS   Plan and Construct Highway 45 Bypass in        $4,000,000
                Columbus..................................
 1202     PA   Reconstruct hwy & replace of bridge on US      $1,500,000
                422 between the Berks County Line and the
                Schuylkill River in Montgomery and Chester
                Counties..................................
 1203     FL   Construct SR 20 connection to SR 100 via CR    $4,300,000
                309-C, Putnam County, Florida.............
 1204     OH   Road and related pedestrian improvements at      $100,000
                SR 283 in the Village of Grand River, OH..
 1205     NY   Road infrastracture projects to improve        $8,150,000
                commercial access in the Towns of Malta
                and Stillwater and the Village of Round
                Lake, Saratoga County, New York...........
 1206     NY   Replace structurally deficient bridge over     $1,000,000
                the Pocantico River, the Village of
                Pleasantville.............................
 1207     IL   Complete Heavy Truck Loop for DuQuoin            $625,000
                Industrial Park...........................
 1208     MD   Construction and dualization of US 113.....   $15,000,000
 1209     GA   Streetscape-Quitman........................      $200,000
 1210     NY   Town of New Windsor Toleman & Station Roads      $715,000
                Reconstruction and area Improvements......
 1211     IL   Turning lanes to US Rt. 14 (Northwest            $700,000
                Highway) at the Arthur Ave Union Pacific
                Grade in Arlington Heights................
 1212     WA   Design and construct pedestrian land bridge    $1,354,000
                spanning SR14.............................
 1213     MI   Construction of Greenways in Pittsfield          $299,000
                Charter Township--2.5 miles to existing
                Ann Arbor Greenways, Pittsfield Charter
                Township..................................
 1214       CA Golden Gate National Parks Conservancy--       $5,200,000
                Plan and Implement Trails & Bikeways Plan
                for the Golden Gate National Recreation
                Area and Presidio.........................
 1215     NY   State of NY Village of Kiryas Joel sidewalk      $750,000
                project...................................
 1216     OH   Tuscarawas Township, Stark County, Ohio.         $800,000
                Improvements to Alabama Ave...............
 1217     NE   Resurfacing of Bellevue Bridge, City of          $500,000
                Bellevue, Nebraska........................
 1218       CA Upgrade and reconstruct I-580/ Vasco Road      $2,500,000
                Interchange, City of Livermore............
 1219     TX   Build Bike Trail at Chacon Creek in Laredo.    $3,300,000
 1220     UT   3200 South Project, Nibley, Utah...........    $1,000,000
 1221     NJ   Expand Route 440--State Street Interchange     $5,000,000
                in Perth Amboy............................
 1222     GA   Improvement and construction of SR 40 from     $2,000,000
                east of St. Marys cutoff at mile post 5.0,
                Charlton County to County Route 61, Camden
                County, Georgia...........................
 1223     PA   Erie, PA Regional upgrades to urban-rural        $800,000
                corridors.................................
 1224     GA   Georgia Construct Three Greenway Trail         $2,000,000
                Project, Dekalb County....................
 1225     FL   Croos Creek Boulevard Widening.............    $1,000,000
 1226     MD   Implement Intelligent Transportation System      $500,000
                in Baltimore..............................
 1227     OH   Construct an access road into the                $800,000
                industrial park near SR 209 and CR 345 in
                Guernsey County...........................
 1228       CA Improve the Rosecrans Ave and Alondra Blvd        $50,000
                bridges over the San Gabriel River in
                Bellflower................................
 1229     PA   Independence National Historic Park scenic     $4,500,000
                enhancement and pedestrian walkways
                improvement project in conjunction with
                the park's Executive Mansion Exhibit......
 1230       CA Modesto, Riverbank & Oakdale, CA Improve       $2,000,000
                SR219 to 4-lanes..........................
 1231     ME   Modifications to Exit 7/I-295 and to           $3,380,000
                Franklin Arterial, Portland...............
 1232     KY   Replace Bridge and Approaches on Searcy          $875,000
                School Road over Beaver Creek, Anderson
                County....................................
 1233     NJ   Route 22 Sustainable Corridor Plan.........    $5,750,000
 1234     NY   Conduct studies, if necessary, and             $5,000,000
                construct the High Line Trail Project, New
                York City.................................
 1235     WA   Install dual left turn lanes and               $1,750,000
                intersection signal modifications at SR432
                and Columbia Blvd.........................
 1236     OK   Transportaion enhancements for Highway 19      $3,000,000
                from Ada to Stratford.....................
 1237       CA Interstate 15-Base Line Road Interchange       $5,000,000
                Project, Rancho Cucamonga, California.....
 1238      SC  Build Interchange at US 17 and Bowman Road     $6,000,000
                in Mount Pleasant, SC.....................
 1239       CA Complete Monterey Bay Sanctuary Scenic         $6,000,000
                Trail between Monterey and Santa Cruz
                counties..................................
 1240     NY   Improve Hospital Road Bridge between CR99      $6,000,000
                and CR101, Patchogue......................
 1241     NV   Construct Martin Luther King Blvd.--           $6,000,000
                Industrial Rd. Connector..................
 1242     MI   I-96 Beck, Wixom Road Interchange, design,     $1,000,000
                ROW, and construction.....................
 1243     IA   Muscatine, IA Construction of 4.2 mile           $500,000
                multi-purpose trail from Musser Park to
                Weggens Road..............................
 1244     GA   Historic preservation of a city bus station      $134,917
                in downtown Eastman.......................
 1245     TX   Construction of internal roads at Port of      $1,000,000
                Brownsville to make roads safer with less
                wear and tear.............................
 1246     NY   NYSDOT Route 55 turning lane at Gardner          $400,000
                Hollow Road...............................
 1247     TN   Plan and construct a bicycle and pedestrian      $100,000
                trail, Lewisburg..........................
 1248     TX   Reconstruct Danieldale Rd from I-35E to        $2,000,000
                Houston School Rd in Lancaster............
 1249       CT Relocation of Edmond Road in Newtown and         $600,000
                construction of additional turning lanes
                at Rte 6 and Commerce and Edmond Rds......
 1250     OH   Construction of Interchange at State Route     $3,000,000
                8 and Seasons Road, Stow, OH..............
 1251     NJ   North Avenue--Route 1 Elizabeth Pedestrian        $75,000
                and Bicycle Project.......................
 1252     AL   Pedestrian Improvements for Morris, AL.....      $100,000
 1253     NY   Preliminary design and environmental impact    $7,360,000
                study for a collector-distributor road
                along I-95 from Westchester Ave. to Bartow
                Ave.......................................
 1254     NJ   Replacement of Signals at the Intersections      $490,000
                of Centennial Ave @ Lincoln Ave and Walnut
                Ave @ Lincoln Ave, Cranford, NJ...........
 1255     KS   Replacement or rehabilitation of the Amelia    $2,000,000
                Earhart US-59 Bridge in Atchison County,
                Kansas....................................
 1256       CA San Diego, CA Interstate 15 Managed Lanes..    $1,000,000
 1257       CA Central Galt & State Route 99 Interchange      $3,000,000
                and Access Improvements...................
 1258     OH   Springfield, OH Relocation of North Street.    $2,500,000
 1259     KY   Reconstruct KY 89 from Irvine Bypass to          $750,000
                2000 Feet North of Estill County High
                School, Estill County.....................
 1260     NY   Town of East Fishkill new construction           $800,000
                Bypass road...............................
 1261       CA Establish new grade separation at Sunset       $2,000,000
                Ave in Banning............................
 1262       CT Construct and Widen Stamford Rail Underpass    $1,000,000
                & Road Realignment Project................
 1263     TN   Hamblen County, Tennessee US11E (SR34)         $1,000,000
                interchange improvements..................
 1264     IL   Implement ITS and congestion Mitigation        $4,000,000
                Project on I-294 and I-90.................
 1265     AZ   Bridge at 59Th Ave and Glendale Ave........    $2,000,000
 1266     TX   Hike and bike trail will tie into the          $1,000,000
                Gellhorn Dr. project providing an improved
                multi-modal transportation facility.......
 1267     OH   Jackson Township, Ohio--Hill and Dales Road    $2,000,000
                widening..................................
 1268      SC  Build 701 Connector (Southern Conway           $5,000,000
                Bypass) in SC.............................
 1269     MN   Reconstruct I-694 White Bear Avenue (CSAH        $500,000
                65) Interchange in White Bear Lake........
 1270     WI   Replace 17th Street Lift Bridge, Two           $6,000,000
                Rivers, Wisconsin.........................
 1271     MA   Route 116 and Bay Road Intersection            $4,000,000
                Improvements--Amherst.....................
 1272     IL   Streetscape improvements on Blue Island        $1,000,000
                from 19th -21st St, Chicago...............
 1273     TN   Construct and improves intersections in          $100,000
                Niota, Tennessee..........................
 1274       CA Upgrade Bellflower intersections at Alondra      $350,000
                Blvd and at Rosecrans Ave in Bellflower...
 1275     NJ   Construct Riverbank Park Bike Trail, Kearny    $2,500,000
 1276      NC  Install ITS on US 52 in Forsyth County.....      $400,000
 1277     MD   Construction and dualization of MD 404 in      $7,000,000
                Queen Anne, Talbot and Caroline Counties..
 1278     NY   Dutchess County, NY Replace County Bridge        $250,000
                BIN 3358440 on DeGarmo Road CR43, Town of
                Poughkeepsie..............................
 1279     IL   Upgrade connector road from IL Rt I-255 to     $2,400,000
                IL Rt 3, Sauget...........................
 1280     NJ   Reconstruction of Route 46/Route 3/Valley     $12,000,000
                Rd/Notch Rd Interchange...................
 1281     MS   Upgrade roads in Attala County District 4      $1,000,000
                (Roads 4211 and 4204), Kosciusko, Ward 3
                (U.S. Hwy 16), and Ethel (U.S. Hwy 12),
                Attala County.............................
 1282     TX   Construction of streets in the White           $9,250,000
                Heather area of Houston...................
 1283     MS   Upgrade roads in Canton (U.S. Hwy 51, 22,        $400,000
                16 and I-55), Madison County..............
 1284     IA   Reconstruction of the Neal Smith Trail,        $1,000,000
                bicycle and pedestrian, Polk Co...........
 1285       CA Rehabilitate pavement on Azusa Avenue and        $500,000
                San Gabriel Avenue in Azusa...............
 1286       CA South Bay Cities COG Coastal Corridor          $2,000,000
                Transportation Initiative, Phase 3, El
                Segundo...................................
 1287     MS   Upgrade roads in Terry, Edwards, Utica and     $1,250,000
                Bolton, Hinds County......................
 1288     FL   US 1 six laning from St. Lucie County line     $1,000,000
                to south of 4th St in Indian River County,
                FL........................................
 1289     MD   Expand Route 29 in Howard County...........    $5,000,000
 1290     WA   Issaquah SE Bypass.........................    $5,000,000
 1291     NY   Town of Patterson Couch Road project.......       $75,000
 1292     MD   US 220 MD 53 North South Corridor..........    $1,000,000
 1293     NJ   Improvements to Clove Road and Long Hill       $2,750,000
                Road in Little Falls and Upper Mountain
                Ave. in Montclair.........................
 1294     HI   Study of East Hawaii Alternative Road,           $200,000
                Island of Hawaii..........................
 1295     FL   Town of Southwest Ranches Urban Interchange    $2,000,000
 1296       CA Long Beach Intelligent Transportation          $2,000,000
                System: Integrate functioning traffic
                management center that includes the port,
                transit, airport as well as the city's
                police and fire departments, Long Beach...
 1297       CA Almaden Expressway Improvements between        $3,500,000
                Branham Lane and Blossom Road, San Jose...
 1298     AR   Construct and rehabilitate University of       $1,200,000
                Arkansas Technology Corridor Enhancement
                Project...................................
 1299       CO US 550, New Mexico State Line to Durango...    $6,000,000
 1300     TX   Construct bicycle and pedestrian trails in       $750,000
                Houston's historic Third Ward.............
 1301     NY   Village of Cold Spring Main St. sidewalk         $250,000
                and lighting improvements.................
 1302     NY   Village of Goshen Hatfield Lane                  $250,000
                reconstruction............................
 1303      SC  Plan and build Interstate 73 from NC line     $10,000,000
                to Myrtle Beach, SC.......................
 1304     TX   IH-35E Bridge Reconstruction over Lake         $1,000,000
                Lewisville................................
 1305     FL   Construct College Road Improvements, Key         $500,000
                West, Florida.............................
 1306     NY   West Harlem Waterfront-ferry, intermodal      $14,000,000
                and street improvements...................
 1307       CA Construct sound barriers at the I-805/S.R.       $850,000
                54 Interchange, National City.............
 1308     NY   Road projects that develop Access to Port      $1,250,000
                Byron and Erie Canal......................
 1309     FL   West Palm Beach, Florida, Flagler Drive        $1,000,000
                Reconfiguration...........................
 1310     AL   Construct extension of I-565 westward from     $5,000,000
                existing interchange to existing Tennessee
                River bridges at Decatur, AL..............
 1311       CT Construct Farmington Canal Greenway            $2,500,000
                enhancements, New Haven and Hamden........
 1312     GA   Replace sidewalks, upgrade lighting, and         $400,000
                install landscaping, Helena...............
 1313     IA   Upgrade US 30 ``Liberty Square'' in City of    $9,500,000
                Clinton, Iowa.............................
 1314     HI   Study of Waianae Coast Emergency Access          $500,000
                Road......................................
 1315     NY   Westchester County, NY Rehabilitation of         $500,000
                Lexington Ave, Mt. Kisco..................
 1316       CA Widen and Improve County Line Road in          $2,000,000
                Calimesa..................................
 1317     OH   Construct turn lane, install traffic light,      $600,000
                and reorient traffic on SR 146 near
                Bussemer Lane in Muskingum County.........
 1318     RI   Restore and Expand Maritime Heritage site      $1,000,000
                in Bristol................................
 1319     OH   City of Green, Ohio. Lauby Road exit           $1,500,000
                improvements..............................
 1320     NY   Construct Bicycle Path in Town of Bedford..      $500,000
 1321       CA Compton Arterial Reconstruction and            $4,000,000
                Improvement Program, Compton..............
 1322     MT   Construction of S. 323 from Alzada to         $12,000,000
                Ekalaka in Carter County..................
 1323     IL   Improve Great River Road, Mercer County....      $500,000
 1324     FL   Normandy Blvd. & Cassat Ave. Transportation      $500,000
                Enhancements, Jacksonville................
 1325     OH   North Canton, OH Applegrove St. road           $3,000,000
                widening..................................
 1326     MA   Design & Build Cape Cod Bike Trail, with       $4,000,000
                Shining Sea Bikeway, to link core with
                outer Cape communities & heavily visited
                national sites............................
 1327     TN   Plan and construct N. Tennessee Boulevard        $500,000
                enhancements..............................
 1328     NJ   Quinn Road realignment, Clifton............    $3,000,000
 1329     MO   Reconstruct Interstate 44 and Highway 65      $16,300,000
                Interchange...............................
 1330     MN   Reconstruct TH61 from Beaver Bay to Silver     $6,800,000
                Bay. Construction of Gitchi-Gami Spur
                Trail between main trail and Silver Bay
                Marina along TH61 roadway segment.........
 1331     KY   Reconstruction of KY259 in Edmonson County     $1,000,000
                from Green River Bridge at Brownsville to
                Kyrock Elementary School..................
 1332     LA   Construction of a merge lane at the              $500,000
                intersection of I-10 and US 190...........
 1333     AL   Expand SR-210 (Ross Clark Circle) from         $3,000,000
                US231 North to US231 South in Dothan, AL..
 1334     MD   Construct interchange at MD Route 355 at       $2,000,000
                Montrose and Randolph Roads in Montgomery
                County....................................
 1335       CA Construct new interchange and related road     $3,670,000
                improvements on US101 near Airport Blvd,
                Salinas...................................
 1336     PA   Construct the French Creek Parkway in          $5,000,000
                Phoenixville, PA..........................
 1337     MN   Capacity and safety improvements to TH 8,      $7,200,000
                west of 306th St. to eastern city limits,
                Lindstrom.................................
 1338     VA   Eastern Seaboard Intermodal Transportation     $1,500,000
                Applications Center (ESITAC) in Hampton
                Roads.....................................
 1339     IL   Construct underpass at intersection of         $5,500,000
                Damen/Fullerton/Elston Avenues, Chicago...
 1340     AR   Highway 165: Railroad Overpass.............    $2,000,000
 1341     FL   Implement Snake Road (BIA Route 1281)          $1,000,000
                Widening and Improvements.................
 1342       CA Construction of freeway between I-15 and US-   $5,000,000
                395.......................................
 1343     OH   Lake Township, Ohio. Market Avenue-Lake        $2,200,000
                Center intersections improvement..........
 1344       CT Construct Quinnipiac Linear Trail,             $1,000,000
                Wallingford...............................
 1345     MI   Construction of a hike and bike path from        $500,000
                Riverbends Park, 22 Mile Road, to Stony
                Creek Park, 25 Mile Road in Shelby
                Township..................................
 1346     IN   Reconstruct Boston Street, from State Road       $500,000
                2 to Bach St., Larson-Whirlpool St. in
                LaPorte, Indiana..........................
 1347     OR   Improvements to Bandon-Charleston State        $4,200,000
                Scenic Tour on Randolph Road and North
                Bank Lane.................................
 1348     VA   Conduct study of Route 460 Corridor,           $2,000,000
                Virginia..................................
 1349     NJ   Construct Sparta Stanhope Road Bridge (AKA     $1,000,000
                Bridge K-07)..............................
 1350     KY   Reconstruct Turkeyfoot Road, Kenton County,    $3,000,000
                Kentucky..................................
 1351     OH   Construct additional lane to alleviate           $800,000
                traffic congestion on US 40 in and
                adjacent to St. Clairsville...............
 1352       CO 56th Avenue & Quebec Street Improvements       $6,500,000
                Phase I, Denver...........................
 1353     OH   Construct Truck Bypass--Orville, Ohio......    $6,004,400
 1354     PA   Conversion of Penn and Park Bridges located       $50,000
                over Spring Run in Altoona, Pa into
                pedestrian bridges........................
 1355       CA Coyote Creek Trail Project--Story Road to      $2,500,000
                Montague Expressway.......................
 1356     PA   Construct Cameron Street Bridge                $1,000,000
                Northumberland County, Pennsylvania.......
 1357     OH   Construct upgrade of SR 16 to 4 lanes from     $3,000,000
                SR 60 to SR 16 in Coschocton County.......
 1358     OH   Medina, Ohio. Guilford Avenue urban road       $1,960,000
                collector pavement reconstruction.........
 1359     TN   Improvements to I-40 interchange at I-240      $3,000,000
                East of Memphis (Phase II)................
 1360     WY   Casper Bypass: Reconstruct Old Yellowstone     $5,000,000
                Hwy and 2nd St............................
 1361     NY   Construct sidewalks and roadway                  $600,000
                improvements on Oscawana Lake Road in the
                Town of Putnam Valley.....................
 1362     LA   Engineering and right of way acquisition      $10,000,000
                for I-49 Corridor.........................
 1363     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Edwardsville Borough, Luzerne County...
 1364     IL   Foster Avenue at Kedzie Avenue Streetscape.    $2,000,000
 1365     WV   Construct I-73/74 High Priority Corridor,     $11,200,000
                Mercer Co.................................
 1366     NY   Improve Long and Short Beach Road,             $2,100,000
                Southampton...............................
 1367       CA Modify I-880 & Stevens Creek Boulevard        $12,000,000
                Interchange to ease traffic congestion in
                San Jose..................................
 1368     NY   Improve road and streetscape along Prospect    $1,000,000
                Avenue in North Hempstead.................
 1369       CA Palm Drive & Interstate 10 interchange         $2,750,000
                project...................................
 1370     MN   Reconstruct TH 36 from expressway to           $6,000,000
                freeway in North St. Paul.................
 1371       CA Construct I-580 Interchange Improvements in    $1,200,000
                Castro Valley.............................
 1372     AL   Expand US331 from Luverne, AL to               $3,000,000
                Montgomery, AL............................
 1373     TX   Construction of highway medians, pedestrian      $500,000
                walkways for City of South Padre Island...
 1374     NY   Construct Rt. 12 intersection between          $2,400,000
                Pamela Drive-River Road--Located in the
                Town of Chenango..........................
 1375     IL   Construct Streetscape Project, Village of        $800,000
                Robbins...................................
 1376     GA   Effingham Parkway to Connect SR119 to SR30.    $3,000,000
 1377     MD   Construct Phase 2 of the Jones Falls Trail     $4,000,000
                from Baltimore Penn Station to the
                Maryland Science Center on the Inner
                Harbor....................................
 1378     IL   For Will County for engineering and right-       $500,000
                of-way acquisition to extend 95th Street
                from Plainfield-Naperville Road east to
                Boughton Road.............................
 1379     PA   Construct Valley Business Park Access Road     $2,700,000
                C, Bradford County........................
 1380     LA   Improve by widening, realigning, &             $2,000,000
                resurfacing 3.2 miles of LA Hwy 820 btwn
                LA Hwy 145 & LA Hwy 821...................
 1381     IN   45th Street Improvements, Munster..........      $500,000
 1382     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of PS 124.................
 1383     VT   Construction and engineering for the           $1,085,514
                Vermont Smugglers Notch Scenic Highway
                Corridor Southern Gateway and Notch Proper
                Facilities................................
 1384     OH   Planning and construction of a network of        $950,000
                recreational trails in Perry Township.....
 1385     GA   Construction of the Truman Linear Park         $1,260,000
                Trail--Phase II...........................
 1386     NJ   Pedestrian and bicycle facilities, and           $750,000
                street lighting in Haddon Heights/
                Barrington................................
 1387       CA Reconstruct interchange at I-10 and            $2,000,000
                Riverside Avenue to improve traffic in
                Rialto....................................
 1388       CA Reconstruct Bloomfield Av. with medians          $400,000
                from Carson St. to north city limits in
                Hawaiian Gardens..........................
 1389      SC  Extension of Wells Highway, Oconee County,     $2,000,000
                South Carolina............................
 1390       CA Reconstruct Paramount Bl. with medians and       $600,000
                improve drainage from Artesia Bl. to
                Candlewood St. in Long Beach..............
 1391     IL   Reconstruction of 5th Street Road (FAS 569)      $952,570
                in Logan County, IL.......................
 1392     WA   Reconstruction of SR99 (Aurora Ave N)          $2,000,000
                between N 145th St and N 205th St.........
 1393     NY   Page Green--Phase III--Reconstruction of       $3,600,000
                2.6 miles. Town of Virgil, Cortland County
 1394     MI   Gogebic County, Reconstruct Lake Road in         $805,000
                Ironwood from Margaret Street to Airport
                Road......................................
 1395     GU   Piti, GU Construct Cabras Island Intermodal    $6,000,000
                Facility..................................
 1396     IN   Redevelop and Complete the Cardinal            $3,000,000
                Greenway and Starr-Gennett Area in the
                City of Richmond, Indiana.................
 1397     NY   Rehabilitate and redesign Erie Canal Museum      $400,000
                in Syracuse, NY through the Erie Canalway
                National Heritage Corridor Commission.....
 1398     OH   Construction of 6.25 mile bicycle project        $500,000
                in Mahoning County........................
 1399     NM   I-40/Munoz Reconstruction in the City of       $1,500,000
                Gallup....................................
 1400     TX   Rehabilitate Yale Street between IH10 to       $1,000,000
                IH610.....................................
 1401       CA Reconstruct Long Beach Bl. with medians and    $3,000,000
                improve drainage from Palm Av. to Tweedy
                Bl. in Lynwood............................
 1402       CA Expand carsharing pilot program to serve       $2,000,000
                low- and moderate-income neighborhoods in
                the City and County of San Francisco......
 1403     FL   Implement Kennedy Boulevard corridor           $2,500,000
                improvements to improve safety in Tampa...
 1404     MD   Construct Broadneck Peninsula Trail, Anne      $1,500,000
                Arundel County, Maryland..................
 1405     MO   Relocation and reconstruction of Rt MM from   $15,680,000
                Rt 21 to Rt 30............................
 1406     MN   Replace three at-grade highway-railroad        $2,000,000
                crossings with grade-separated crossings
                adjacent to Winona State University.......
 1407       CA Construct Traffic flow improvements Vincent      $750,000
                and Lakes Drive, West Covina..............
 1408       CA Construction of an interchange located at      $3,000,000
                the intersection of future State Route 65
                and Ferrari Ranch Road-Westwood in Placer
                County....................................
 1409     KS   Construct highway-rail grade separation       $14,000,000
                from Douglas Avenue to 17th Street North
                in Wichita, KS............................
 1410     OH   Conduct Phase II of U.S. Route 68 bypass       $2,300,000
                project in Urbana.........................
 1411     GA   Construct sidewalks and install                  $500,000
                landscaping, Vienna.......................
 1412     TX   Extension of FM 1427 in Penitas............      $700,000
 1413     MD   MD 124, Woodfield Road, from Midcounty         $2,000,000
                Highway to Warfield Road..................
 1414       CA Rio Vista Bridge Realignment Study & Street      $700,000
                Sign Safety Program.......................
 1415       CO SH 121--Bowles Ave Intersection and Roadway    $2,000,000
                Improvements, Jefferson County, Colorado..
 1416     NY   Implement Improvements for Pedestrian          $1,000,000
                Safety in Queens County...................
 1417     NY   Repair and improve Jericho Turnpike (NYS       $2,000,000
                HWY 25) and construct streetscapes along
                the Turnpike in New Hyde Park.............
 1418     GA   SR 316/SR 20 interchange construction            $500,000
                Gwinnett, County..........................
 1419     IL   Construct Pedestrian walkways and              $4,210,000
                streetscaping projects in the Village of
                Western Springs...........................
 1420     WA   SR 518 corridor--Improvements to SR 518-509    $1,000,000
                interchange and addition of eastbound
                travel lane on a portion of the corridor..
 1421       CA Development and construction of                $3,000,000
                improvements to State Route 79 in the San
                Jacinto Valley............................
 1422     MN   Construct roadway improvements on the Great    $6,960,000
                River Road on CSAH 10 and CSAH 21, Aitkin
                County....................................
 1423     WA   Conduct preliminary engineering and EIS for   $10,000,000
                Columbia River Crossing in WA and OR......
 1424      NC  Greensboro Signal System Replacement ITS      $12,500,000
                Enhancement Project.......................
 1425     MN   Reconstruction of 1 mile of CR 107 from          $500,000
                CSAH 2 to Highway 11 and 71, Koochiching
                County....................................
 1426     OH   Plain Township, Ohio. Market Avenue            $5,000,000
                widening..................................
 1427     LA   Construct right of way improvements from       $2,000,000
                Third St. at James St. to LA. Hwy. One at
                Broadway St. Acquire property at Third St.
                and Winn St...............................
 1428     PA   State Street Bridge Rehabilitation, Hamburg    $1,500,000
 1429     OH   Construct Flats East Bulkhead and              $4,150,000
                Riverwalk: construct bulkhead and
                riverwalk connecting Front and Maine Ave..
 1430     NY   Construct/reconstruct Lincoln Road:              $900,000
                Commercial Street to Route 31F in the Town-
                Village of East Rochester.................
 1431     OH   Acquire land and construct Portage Bike and    $1,000,000
                Hike Trail, Portage Co....................
 1432      NC  Continued development of Cary, NC              $1,500,000
                pedestrian bike paths.....................
 1433     TX   Cottonflat Road overpass at Interstate 20..    $1,500,000
 1434     NY   Improve Rt. 17M access, safety and traffic       $750,000
                management................................
 1435     OH   Safety improvements to Paris Avenue            $1,500,000
                intersections and Meese Rd. and Easton
                St.--Nimishillen Township, Ohio...........
 1436       CA Alameda Corridor-East Construction               $300,000
                Authority, San Gabriel Valley.............
 1437     WA   Construct a tunnel as part of the Bremerton   $21,000,000
                Pedestrian-Bremerton Transportation Center
                Access Improvement project................
 1438      NC  Expand Derita Road.........................    $2,000,000
 1439     NJ   Hoboken Observer Highway Operational and       $2,500,000
                Safety Improvements.......................
 1440       CA Reconfigure San Fernando Road from Fletcher    $7,000,000
                Drive to I-5 Fwy, Los Angeles.............
 1441     NY   Construction of an access road, drainage       $2,430,000
                improvements, and aesthetic enhancements
                adjacent to Ocean Parkway in the Town of
                Babylon, NY...............................
 1442     TX   Construct highway improvements on E.           $2,800,000
                Tidwell, Ley Rd, and E. Little York Rd....
 1443     AZ   Construct pedestrian and bicycle overpass      $3,000,000
                at McDowell Road & 35th Avenue in Phoenix.
 1444     TX   Reconstruct I-30 Trinity River Bridge,        $20,000,000
                Dallas....................................
 1445     PA   Armstrong and Indiana County, Pennsylvania,    $2,000,000
                U.S. 422 Improvements.....................
 1446     TX   Bicycle and Pedestrian Trail Network in        $9,600,000
                East Austin...............................
 1447     NV   Construct I-15 Cactus Avenue...............   $10,000,000
 1448     AL   I-65 Widening from U.S. 31 in Alabaster        $8,000,000
                (Exit 238) to AL 25 in Calera (Exit 228)..
 1449     NY   Improve Route 4 Streetscape and replace        $4,350,000
                waterlines, Town and Village of Fort
                Edward, Washington County.................
 1450     OH   Planning and construction on bike paths and    $1,000,000
                trails as part of Phases III-VI in
                Ashtabula Metroparks Western Reserve
                Greenway..................................
 1451       CO Construction of Powers Boulevard and           $8,000,000
                Woodman Road interchange, Colorado Springs
 1452     MN   Environmental review for TH8 upgrade,            $600,000
                Forest Lake to Chisago City...............
 1453     MD   Construct Pedestrian Bridge and Garage at      $2,100,000
                Coppin State University in Baltimore......
 1454     MD   Historic Preservation and Traffic              $1,800,000
                Improvements along Liberty Heights Ave.
                and in Druid Hill Park in Baltimore.......
 1455      NC  I-85 in Vance County.......................    $1,000,000
 1456     PA   Design and construct interchange and           $6,000,000
                related improvements at I 83 Exit 19......
 1457     IL   Preconstruction and Construction at IL 31      $2,420,000
                from Bull Valley Road to IL 176...........
 1458     MS   Replace Popps Ferry Road Bridge, Biloxi....    $4,000,000
 1459     IL   Reconstruct Lakeshore Drive Overpass over      $1,500,000
                Wilson avenue, Chicago....................
 1460     AL   Pedestrian Improvements for Moody, AL......      $100,000
 1461     MA   Design and construct Canal and Union Street      $800,000
                Corridor improvements, Lawrence...........
 1462     OH   Construct new two lane road to Sycamore        $1,250,000
                Street in Gallia County...................
 1463     AL   Construct interchange on Interstate 85 at        $500,000
                Beehive Road in Auburn, AL................
 1464     ME   Improvements to the Interconnecting Trail        $500,000
                System for bike/pedestrian trails near
                Baxter State Park.........................
 1465     TX   ROW acquisition for 87 Relief Route........    $1,500,000
 1466     WA   Restore and construct historic Naches Depot      $500,000
                and Trail project.........................
 1467     GA   S.R. 20 widening from I-575 to S.R. 369,       $1,000,000
                Cherokee County...........................
 1468     IL   Road Construction and reconstruction in the    $2,300,000
                Village of Hampshire: Keyes Ave.,
                Industrial Drive Overlay, and Mill Avenue.
 1469     IL   Conduct study and design of Chicago North      $1,000,000
                lakefront path expansion project..........
 1470     MS   I-59 interchange at US 84 and SR 15, Laurel    $2,000,000
 1471     TX   Improvements to IH-35E from US 77 North of     $3,000,000
                Waxahachie to US 77 South of Waxahachie...
 1472     MO   Scudder Road and I-170 Interchange             $2,000,000
                Improvements, St. Louis County............
 1473     GA   Construct and Improve Cobb County Trails...    $1,500,000
 1474     MS   Extend SR 590 from US 11 to SR 29 near         $3,500,000
                Ellisville................................
 1475     IN   Improve Intersection at Jackson Street and       $560,000
                Morrison Road in the City of Muncie,
                Delaware County, Indiana..................
 1476       CO Construction of McCaslin Boulevard US 36       $1,000,000
                Interchange in Superior...................
 1477     MA   Route 128 Improvements--Route 114 in           $2,000,000
                Peabody to Route 62 in Danvers............
 1478     TX   Lubbock, Texas Construction for Marsha         $5,600,000
                Sharp Freeway main lanes between Chicago
                and Salem Avenues.........................
 1479     NH   South Road Mitigation in Londonderry.......    $1,000,000
 1480     NY    Paul Road--Fisher Road Improvements, Town     $4,000,000
                of Chili, Monroe County...................
 1481       CA Construct truck lane on Keystone Road from     $2,500,000
                State Route 111 to Austin Road, Imperial
                County....................................
 1482     MS   Construct East Metropolitan Corridor           $5,000,000
                linking I-20 at Brandon to Hwy 25 at
                Flowood...................................
 1483     LA   Leeville Bridge, Port Fourchon to Golden       $5,000,000
                Meadow....................................
 1484     GA   National Infantry Museum Transporation         $3,000,000
                Network...................................
 1485     AL   Interchange at I-65 and Limestone County       $1,000,000
                Road 24 Constuction.......................
 1486     PA   Project to realign intersection of King of     $1,649,000
                Prussia Road and Upper Gulph Road to
                provide turning lanes and signalization...
 1487     MO   Construct diamond interchange at US 71 and     $2,000,000
                Business 71 in Maryville..................
 1488     SD   Construction of four-lane highway on US 79     $7,500,000
                between Maverick Junction, and the
                Nebraska border...........................
 1489     IL   130th and Torrance Avenue Intersection         $9,000,000
                Improvement, Chicago......................
 1490     OK   Improvements to Hereford Lane and US 69        $1,000,000
                Interchange, McAlester....................
 1491     GA   Athens-Clarke County Bike Trail Project....    $1,400,000
 1492       CT Construct UCONN Storrs Campus-Hillside Road    $5,000,000
 1493     NM   I-25, Tramway North to Bernalillo,             $2,000,000
                Reconstruction............................
 1494     NJ   Planning for Liberty Corridor..............      $500,000
 1495     OR   Sellwood Bridge Replacement--Multnomah         $2,000,000
                County....................................
 1496     NM   Statewide ITS Deployment...................      $200,000
 1497     FL   Acquire Land and Construct the Englewood       $3,000,000
                Interstate Connector in Sarasota County,
                Florida...................................
 1498     NY   Elevate and construct drainage improvements    $3,000,000
                to Beach Road, Canal Road, and Sea Breeze
                Road in Massapequa, New York..............
 1499     TX   Design and construction streetscape            $1,000,000
                improvements in Midtown, enhance
                pedestrian access.........................
 1500     NY   Replace sidewalk along Route 9A in Hamlet        $330,000
                of Montrose, Town of Cortlandt............
 1501     MN   Construction and widening of TH241 in the      $2,000,000
                city of St. Michael, MN...................
 1502     GA   I-75 lanes from Aviation Boulevard to SR       $1,500,000
                54, Clayton County........................
 1503     VT   Construction and rehabilitation of the         $1,386,000
                Cross Vermont Trail for the Cross Vermont
                Trail Association.........................
 1504     NY   Construction of a new ramp from 9A             $1,775,000
                Southbound to Taconic State Parkway
                Southbound, Westchester County............
 1505     NY   Restore vehicular traffic to Main Street in    $5,000,000
                Downtown Buffalo..........................
 1506     MI   Construction of 5 lane concrete pavement       $8,000,000
                with curb, gutter and sewer on Romeo Plank
                Road from M-59 to 23 Mile Road in Macomb
                Township..................................
 1507     NY   Enhance road and transportation facilities        $50,000
                in the vicinity of the Brooklyn Children's
                Museum....................................
 1508     IL   Construct and expand Northwest Illinois US     $3,000,000
                Rte 20 from Freeport to Galena, IL........
 1509       CA Construction of new roadway lighting on        $1,000,000
                major transportation corridors in the
                Southwest San Fernando Valley.............
 1510     MO   Construct Interstate flyover at Hughes Road   $18,000,000
                and Liberty Drive to 76th Street. Part of
                Liberty Parkway Project...................
 1511       CA Freeway 180 Improvements Fresno............    $9,500,000
 1512     NY   Construct sidewalks and curbs on Valley          $450,000
                Road in Town of Bedford...................
 1513     OK   Construction of rail crossing in Claremore     $2,000,000
                at Blue Star Drive and SH66...............
 1514     IL   Improve U.S. Route 34 from Kewanee to            $500,000
                Kentville Road............................
 1515     IL   For Naperville Township to fund                  $200,000
                improvements to North Aurora Road.........
 1516     WA   Kent--Construct a single point urban           $1,000,000
                interchange (SPUI) under I-5 at South
                272nd St..................................
 1517     TN   Construct Interpretive Visitor Center for      $1,000,000
                the Cherokee Removal Memorial Park Trail
                of Tears site in Meigs County, TN.........
 1518     GA   Create a greenway trail along the Oconee       $2,000,000
                River connecting parks, preserving
                historic sites, and promoting economic
                development...............................
 1519     PA   Design, engineering, ROW acquisition, &          $400,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Dunmore Borough, Lackawanna County.....
 1520     PA   Add turn lane, modify signals and install      $2,430,000
                pavement markings at intersection of PA422
                and PA662 in Amity Township...............
 1521     WI   Construct bicycle/pedestrian path and          $3,500,000
                facilities in the Central park area of
                Madison...................................
 1522     VA   Expand Route 15 29 in Culpeper, Virginia...    $2,000,000
 1523     WV   Fairmont Gateway Connector System to          $22,000,000
                provide an improved highway link between
                downtown Fairmont and I-79 in the vicinity
                of Fairmont...............................
 1524     OR   Construct Barber Street extension,             $3,000,000
                Wilsonville...............................
 1525     FL   Four-laning SR 281 (Avalon Boulevard) in      $12,500,000
                Santa Rosa County from Interstate 10 to
                north of CSX RR Bridge....................
 1526     OR   Interstate 5 Interchange at City of Coburg.    $9,000,000
 1527     IL   Construction of a bridge at Stearns Road in    $2,000,000
                Kane County, Illinois.....................
 1528     TX   East 7th Street Improvements in Austin.....      $525,000
 1529     GA   Rebuild SR-10 Memorial Drive for bicycle       $2,000,000
                and pedestrian safety, from Mountain Drive
                to Goldsmith Road, Dekalb County..........
 1530     NJ   Provide an alternative route for traffic       $2,000,000
                passing though congested SR 31 corridor in
                Flemington NJ.............................
 1531       CA Construction of a smart crosswalk system at       $50,000
                the intersection of Arminta St. and Mason
                Ave.......................................
 1532     WI   Reconstruct U.S. Highway 41 north of Lake     $15,400,000
                Butte des Morts Bridge, Wisconsin.........
 1533     PA   Improvements to 8th and 9th Street bridges       $490,000
                between Pleasant Valley Blvd. and Valley
                View Blvd, Altoona, PA....................
 1534     LA   Construction of a direct intermodal truck     $13,000,000
                access road from Interstate 210 to the
                City Docks of the Port of Lake Charles....
 1535     TX   Construct Links Hike & Bike Trail Project.       $500,000
                2.2 mile trail project connecting Gaylord
                Texan to Grapevine Mills Mall, Grapevine,
                TX........................................
 1536     GA   Construct sidewalks between Marion Middle        $300,000
                School, City Park, and Community Center,
                Buena Vista...............................
 1537     IL   Construct a four lane connection between       $1,000,000
                Rt. 13 and Rt. 45.........................
 1538     MI   Plymouth, Haggerty Road from Plymouth Rd.        $500,000
                to Schoolcraft Rd.........................
 1539     TN   Provide streetscape improvements and             $250,000
                pavement repair, Greenback, Tennessee.....
 1540     IA   Reconstruction of NE 56th St, eastern Polk     $1,000,000
                Co........................................
 1541     IL   Relocate Pocket Road for Access to               $500,000
                Racehorse Business Park, Alorton..........
 1542       CT Construct roadway on East Commerce Drive,        $500,000
                Oxford, CT................................
 1543     TN   Niota, TN Improve vehicle efficiencies at         $57,000
                highway At-Grade Railroad Crossing........
 1544     FL   Plan and Construct 17th Street connector in    $2,000,000
                the City of Sarasota, FL..................
 1545     VT   Reconstruction and widening of U.S. Route 5    $1,500,000
                for the Town of Hartford..................
 1546     MO   Relocate the entrance to the Shaw Nature         $500,000
                Reserve that is being altered due to a
                redesign of the Gray Summit I-44
                interchange project.......................
 1547      DC  Replace and reconstruct South Capitol         $30,000,000
                Street/Frederick Douglass Memorial Bridge.
 1548     MI   Complete 13.8 miles of nonmotorized            $2,000,000
                pedestian Fred Meijer Heartland Trail of
                30.1 miles................................
 1549     MO   Roadway improvements on U.S. 60 from Willow   $10,000,000
                Springs to the Van Buren Area.............
 1550     UT   Construct Parley's Creek Trail.............    $5,000,000
 1551     ME   Construction of Calais/St. Stephen Border      $5,000,000
                Crossing Project..........................
 1552     FL   Alleviate congestion at Atlantic Corridor      $2,000,000
                Greenway Network, City of Miami Beach, FL.
 1553     MD   Construction of MD 331 Dover Bridge........    $4,318,000
 1554     NY   Improve Traffic Flow on Noel Road between      $1,000,000
                Church and Crossbay Boulevard Including
                Work Necessary to Demolish and Reconstruct
                the Firehouse Facility....................
 1555     PA   Construct 9th and 10th Street bridges over     $7,000,000
                Norfolk Southern Tracks, Lebanon..........
 1556     AS   Drainage mitigation in Malaeloa-Leone          $1,400,000
                village roads.............................
 1557       CA Improve I-8 off ramp at Ocotillo to the        $1,000,000
                Imperial Valley College Desert Museum/
                Regional Traveler Visitor Center, Imperial
                County....................................
 1558       CA Install new grade separation at Ranchero       $5,000,000
                Road in Hesperia..........................
 1559     NY   Bartow Ave Ramp and Reconstruction at the      $1,600,000
                Hutchinson Parkway........................
 1560     FL   Airport Access Rd., Gainesville............    $1,000,000
 1561     WA   Intersection project at South Access-522       $3,000,000
                beginning and ending at the UWB-CCC campus
                to improve access and alleviate congestion
 1562     NJ   Reconstruction of CR 530 from RT 206 to CR    $10,000,000
                644. Construct shoulders, travel lanes,
                center turn lane, drainage improvements &
                traffic signal............................
 1563     NY   Improve SCCC roads, Fallsburg..............    $1,500,000
 1564       CA Add turn lane and adaptive traffic control     $1,600,000
                system at intersection of San Tomas
                Expressway and Hamilton Avenue in Campbell
 1565       CA Interchange improvements at Rice Avenue and    $3,300,000
                U.S. Highway 101 in the City of Oxnard....
 1566     GA   Northside Drive Multi Modal Corridor.......    $2,000,000
 1567     GA   Replace sidewalks, meet ADA guidelines, and      $400,000
                install a crosswalk, McRae................
 1568     TX   Ritchie Road from FM 1695 to US 84, Waco...    $3,000,000
 1569     AR   Maumelle Interchange--for third entrance         $500,000
                into Maumelle.............................
 1570       CT Construct bike/pedestrian path, Shelton....    $1,000,000
 1571     MD   Rehabilitate Roadways Around East Baltimore    $5,500,000
                Life Science Park in Baltimore............
 1572     AL   City of Vestavia Hills Pedestrian Walkway      $1,000,000
                to Cross U.S. 31..........................
 1573     IN   Replace Samuelson Road Underpass, Portage..    $3,162,890
 1574     IL   Construct Commuter Parking Structure in the    $3,700,000
                Central Business District in the vicinity
                of La Grange Road.........................
 1575     PA   Design and construct inner loop roadway          $500,000
                around Shippensburg Boro..................
 1576     WV   Construct I-73/74 High Priority Corridor,     $12,000,000
                Mingo Co..................................
 1577     NY   Roadway improvements to Jackson Avenue         $2,250,000
                between Jericho Turnpike and Teibrook
                Avenue....................................
 1578     OR   Rogue River Bikeway/Pedestrian Path, Curry       $600,000
                County....................................
 1579       CA San Gabriel Blvd Intersection Improvements       $200,000
                at Broadway and at Las Tunas, San Gabriel.
 1580     NY   Improvements to Erie Station Road, Town of     $1,000,000
                Henrietta, Monroe County..................
 1581     IA   Sioux City, Iowa Hoeven Corridor--Outer        $1,500,000
                Drive Project.............................
 1582     KY   Study & rehabilitate the I-471 corridor,       $2,000,000
                Campbell County, Kentucky.................
 1583     WA   Construct railroad overpass spanning three     $1,000,000
                mile section of SR501 from MP 0 and MP 3..
 1584     NY   Construction and rehabilitation of North         $780,000
                and South Delaware Avenues in the Village
                of Lindenhurst, NY........................
 1585     NY   Study on extending Rt. 5 to Auburn.........      $150,000
 1586     AL   Expand US-84 from Andalusia, AL to             $3,000,000
                Enterprise, AL............................
 1587     NJ   Susse County, NJ Safety and Operational        $3,800,000
                Improvements on Route 23 in Hardyston
                Township and Franklin Borough.............
 1588     PA   State Street and Mulberry Street Bridge        $4,000,000
                Lighting project, Harrisburg..............
 1589     AS   To upgrade, repair and continue                $1,600,000
                construction of Ta'u harbor/ferry terminal
                facility on Manu'a island.................
 1590       CA Interstate 15 and State Route 79 South         $2,000,000
                Freeway Interchange and Ramp Improvement
                Project...................................
 1591     OH   Road Improvements, streetscapes, and           $1,000,000
                pedestrian safety additions in Ashtabula
                Harbor....................................
 1592     NY   Town of East Fishkill improvements to            $500,000
                Robinson La & Lake Walton Road at NYS
                Route 376.................................
 1593     WI   Construct a bicycle/pedestrian path,           $2,000,000
                Wisconsin Dells...........................
 1594     NY   Construct improvements in Sight Distance at      $200,000
                Road Grade and Trail Corssings in Oneida
                and Herkimer Counties.....................
 1595     NY   Repair Silver Mine Bridge in the Town of         $150,000
                Lewisboro.................................
 1596     IL   River walk Reconstruction, City of Chicago.      $600,000
 1597     AR   Rogers, Arkansas--Construct new interchange    $4,400,000
                on I-540 near the existing Perry Road
                overpass..................................
 1598     IN   Design and construct Indiana Ohio River       $20,000,000
                Bridges Project on I-65 and 265...........
 1599     RI   Transportation Enhancements at Blackstone        $500,000
                Valley Heritage Corridor..................
 1600     TX   Reconstruction of US 79 from FM 1460 to        $2,000,000
                Williamson County Road 195................
 1601       CA Transportation enhancements to Children's      $1,200,000
                Museum of Los Angeles.....................
 1602     IN   Construct Shelby County Indiana Shelbyville      $500,000
                Parkway...................................
 1603     NY   Reconstruct the Niagara Street culvert/          $400,000
                bridge which crosses over Two Mile Creek,
                City of Tonawanda.........................
 1604     MA   Reconstruction of Main Street and Lebanon        $700,000
                Street in Melrose.........................
 1605     OH   Construct the existing IR 70 interchange at   $11,550,000
                US 40, SR 331 west of St. Clairsville.....
 1606     GA   Install traffic lights and pedestrian            $500,000
                walkways on Highway 441 at MLK, Jr.
                Boulevard, Dublin.........................
 1607     OH   Pike County, OH Fog Road Upgrade...........    $1,000,000
 1608       CA Project design, environmental assessment,        $500,000
                and roadway construction of Lonestar Road
                from Alta Road to Enrico Fermi Drive San
                Diego County..............................
 1609       CA Project Study Reports for I-105 and I-405        $400,000
                Interchanges at Los Angeles International
                Airport...................................
 1610       CA Reconstruct Whittier Blvd. and improve         $1,700,000
                parkway drainage from Philadelphia Av. to
                Five Points in Whittier...................
 1611     NY   Rockland County Railroad Grade Crossings       $1,400,000
                Safety Study..............................
 1612     TX   San Angelo Ports-to-Plains Route Loop 306      $1,500,000
                at F.M. 388...............................
 1613     MN   City of Hutchinson School Road Underpass of    $1,000,000
                TH7 and TH22 Improvements.................
 1614     TN   Construct and widen SR-33 in Monroe County,    $5,000,000
                TN........................................
 1615     PA   Construct the realignment of Cool Creek        $1,000,000
                Road in York County, PA...................
 1616     NJ   Construct Waterfront Walkway from North        $2,000,000
                Sinatra Drive and 12th St. south to
                Sinatra Drive in Hoboken..................
 1617     TX   Add shoulders to FM 156 from Ponder, Texas     $1,000,000
                to Krum, Texas............................
 1618     NJ   Bridge replacement on Section 6V of Route 1    $2,000,000
                from Ryders Lane to Milltown Road, North
                Brunswick.................................
 1619     MN   Construct Two Harbors High School Trail          $891,600
                connecting Two Harbors High School to Two
                Harbors City..............................
 1620      SC  Construct I-85 Brockman-McClimon               $1,000,000
                Interchange between Greenville Spartanburg
                Airport and SC Highway 101 interchanges...
 1621     IA   Fort Madison, IA Construction of US 61         $2,500,000
                bypass around Fort Madison to create a
                safer and faster route....................
 1622     PA   Germantown Avenue Revitalization with Mt.      $2,320,000
                Airy USA for landscaping, scenic
                enhancements and pedestrian safety
                improvements along the heavily traveled
                thoroughfare..............................
 1623     NM   I-10 Reconstruction , Las Cruces to Texas      $3,000,000
                State Line................................
 1624     TX   IH 820 Widening Project....................    $2,000,000
 1625     IL   For Naperville Township to fund                  $600,000
                improvements to Diehl Road between Eola
                Road and Route 59.........................
 1626     KS   Remove and Replace Topeka Blvd. Bridge over    $6,000,000
                the Kansas River..........................
 1627     VA   Clifton, VA Main Street parking and              $250,000
                sidewalk improvements.....................
 1628      SC  Replace Milford Road Bridge, Anderson, SC..      $500,000
 1629     LA   Improvements to Essen Lane at I-12; and to    $30,000,000
                Perkins Rd.; and to Central Thruway; and
                to O'Neal Lane; an to Burbank Dr.; and to
                Essen Park Extension; and for LA408 study.
 1630     GA   Streetscape project for lighting and             $300,000
                landscaping on Main Street along Georgia
                Highway 231, Davisboro....................
 1631     IA   City of Council Bluffs and Pottawattamie       $1,000,000
                county East Beltway Roadway and Connectors
                Project...................................
 1632     OR   U.S. 199/Laurel Road Intersection..........    $2,000,000
 1633       CA Conduct project report study on Old River        $500,000
                School Rd--Firestone Blvd intersection
                reconfiguration...........................
 1634     FL   Conduct study for Port of Miami Tunnel,        $2,000,000
                Miami, FL.................................
 1635     NY   Ithaca, Design and construct pedestrian and    $1,200,000
                bicycle path (Cayuga Waterfront Trail)....
 1636      NC  Rails to Trails Project, Elizabeth City....      $640,000
 1637     IL   Reconstruct Lakeshore Drive overpass over      $1,500,000
                Lawrence Avenue...........................
 1638      SC  Replace Murphy Road West Bridge, Anderson,       $235,000
                SC........................................
 1639       CA Resurface and construct truck lane at CA       $3,000,000
                Hwy 94 and Interstate 8 interchange,
                Boulevard.................................
 1640       CT Undertake road improvements associated with    $2,000,000
                Coltsville Area Redevelopment, Hartford...
 1641     AZ   Upgrade and Re-opening of Main Street in       $1,200,000
                Yuma......................................
 1642     NJ   Pedestrian facilities, street lighting and       $596,324
                streetscaping improvements in downtown
                Laurel Springs............................
 1643     MS   Upgrade Blue Cane Road in Tallahatchie           $750,000
                County, and roads in Webb and Tutwiler....
 1644     OH   Upgrade circuitry on vehicle protection          $140,000
                device at Sheldon Road rail crossing in
                Berea.....................................
 1645     NY   Design and construct Upper Delaware Scenic       $500,000
                Byway Visitor Center, Cochecton...........
 1646     NY   Construct sidewalks and curbing on               $275,000
                Westchester Avenue in Village of Buchanan.
 1647      NC  Downtown Redevelopment Project, City of        $6,336,000
                Rocky Mount...............................
 1648     TX   Construction of divided four lane concrete     $1,000,000
                arterial with drainage improvements--Sandy
                Lake Road: Denton Tap Rd to North Coppell
                Road......................................
 1649     IL   Preconstruction and Construction at IL 120     $1,365,000
                at Bacon Road and Cedar Lake Road.........
 1650     GA   Revitalization project will extend and           $500,000
                resurface the Roberta Walking Trail,
                Roberta...................................
 1651     KY   Construct Westbound Access to Mountain         $2,900,000
                Parkway from Exit 18 (KY 1057), Powell
                County....................................
 1652      NC  Development of 2 miles of road parallel to     $1,500,000
                I-95 located approximately between the I-
                95/NC-125 interchange and I-95/US-158
                interchange...............................
 1653       CA Engineering, right of way and construction     $5,000,000
                of HOV lanes on I-580 in the Livermore
                Valley, California........................
 1654     IL   Construct Streetscape Project, City of           $500,000
                Markham...................................
 1655       CA Landscape south side of the 91 fwy at            $250,000
                Bellflower Blvd in Bellflower.............
 1656     MA   Southwick and Westfield Rail Trail, Design     $5,000,000
                & Construction............................
 1657     VA   Upgrade DOT crossing #467665M to constant        $194,600
                warning time devices......................
 1658     TX   Reconstruct and add two lanes to US 287        $3,000,000
                from the Oklahoma State line to US 54 in
                Stratford.................................
 1659     WY   Casper West Belt Loop......................    $2,000,000
 1660     MN   Munger Trail extension, City of Duluth.....    $3,200,000
 1661     AK   Bogard/Sheldon Extension in Matanuska-         $4,000,000
                Susitna Borough...........................
 1662       CA City of Redondo Beach Esplanade Improvement    $1,000,000
                Project...................................
 1663     MN   Kandiyohi and Meeker Counties Hwy 7 between    $2,000,000
                TH 71 and TH 22...........................
 1664     NJ   Construction of Rowan Boulevard from US          $600,000
                Route 322 to Main Street, Glassboro.......
 1665       CA Conduct Study of SR 130 Realignment            $2,000,000
                Project, San Joaquin County & Santa Clara
                County, CA................................
 1666       CA Passons Grade Separation in the City of        $3,700,000
                Pico Rivera...............................
 1667     MD   Construct South Shore Trail, Anne Arundel      $1,000,000
                County, MD................................
 1668     NJ   Realignment of the Routes 35/36                $2,000,000
                intersection in Eatontown.................
 1669     IN   Construct Hoosier Heartland Highway in Cass    $2,000,000
                and Carroll County, Indiana...............
 1670     MI   Oscoda County, Reconstruction and surfacing      $960,000
                of Valley Road from M-33 west to Mapes
                Road......................................
 1671     TX   Reconstruct Precinct Line Road 2-lane          $1,000,000
                bridge as 4-lane bridge and widen Precinct
                Line Road to 4-lane roadway from SH 10 to
                Trammel Davis Rd..........................
 1672       CT Reconstruct Waterfront Street Corridor, New    $1,500,000
                Haven.....................................
 1673     TN   Improving Vehicle Efficiencies at At-Grade        $99,000
                highway-Railroad Crossing in Philadelphia,
                Tn........................................
 1674     TX   Mile 2 W from Mile 12 N to US83, Hidalgo       $1,000,000
                County....................................
 1675     NY   Reconstruction of West Neck Road from          $3,000,000
                Huntington-Lloyd Harbor boundary to the
                end of the Village-maintained road........
 1676     GA   Rehabilitate sidewalks and replace street        $500,000
                lights, Swainsboro........................
 1677      SC  Replace Murphy Road East Bridge, Anderson,       $265,000
                SC........................................
 1678     MO   Access improvements and safety and mobility    $5,000,000
                upgrades along US 7 as part of the Highway
                7 Corridor Development Plan in Blue
                Springs...................................
 1679     OH   Construct Stearns Road Grade Separation,       $3,750,000
                Olmsted Township..........................
 1680       CA Implement Grove Avenue Corridor Interstate     $3,000,000
                10 interchange improvements in Ontario....
 1681     MA   Construct & Replace West Corner Bridge &       $1,000,000
                Culvert, Rte 228, spanning Weir River
                Estuary & Straits Pond Inlet..............
 1682     OK   Complete Reconstruction of the I-35-SH 9       $4,000,000
                West Interchange..........................
 1683     NJ   Construct Rte 50 Tuckahoe River Bridge         $4,000,000
                Replacement, Cape May and Atlantic
                Counties..................................
 1684     NY   Rt. 12 reconstruction- Town and Village of     $4,110,000
                Greene....................................
 1685     MN   Becker County CR 143 and CR 124                  $960,000
                Improvements..............................
 1686     NY   Construct and extend existing pedestrian       $1,350,000
                streetscape areas in Valley Stream........
 1687     MI   Construct Interchange at I-675 and M-13        $2,300,000
                (Washington Avenue). Northbound Exit.
                Phase I of Construction. City of Saginaw..
 1688     OH   Construct Cleveland Towpath Trail. 6-mile      $4,000,000
                extension towards downtown. Cleveland.....
 1689     FL   Construct widening of US 17 to 4 lanes from   $16,300,000
                San Mateo to Volusia County line, Putnam
                County, Florida...........................
 1690     MD   Construct Phase 1 of the South Shore Trail     $1,000,000
                in Anne Arundel County from Maryland Route
                3 at Millersville Road to I-97 at
                Waterbury Road............................
 1691     MI   Construction of 5 lane concrete pavement       $2,079,500
                with curb, gutter and storm sewer on Van
                Dyke Ave. from 23 Mile Road to 26 Mile
                Road, Macomb Co...........................
 1692     FL   Design and construct replacement for A. Max   $10,000,000
                Brewer Bridge, Titusville.................
 1693     NY   Implement ITS system and apparatus to            $100,000
                enhance citywide truck route system on
                Victory Blvd Between Travis Ave and West
                Shore Expressway Travis Section of SI.....
 1694     MI   Purchase and implementation of various        $12,430,000
                Intelligent Transportation System
                technologies in the Grand Rapids metro
                region....................................
 1695     WI   Recondition USH 45 between New London and      $2,000,000
                Clintonville, Wisconsin (Waupaca County,
                Wisconsin)................................
 1696       CA Reconstruction of The Strand in the City of    $2,000,000
                Manhattan Beach to improve beach access
                and accommodate increased pedestrian
                traffic...................................
 1697       CA Construction of new roadway lighting on          $500,000
                major transportation corridors in the
                Northeast San Fernando Valley.............
 1698     MD   Rehabilitate Hanover Street Bridge in          $1,500,000
                Baltimore.................................
 1699     NY   Rehabilitation of Hornbeck Road in the Town      $426,000
                of Poughkeepsie...........................
 1700       CA Rehabilitation of Tulare County Farm to        $4,000,000
                Market road system........................
 1701     GA   Riverside Drive Streetscape Project, Macon.      $500,000
 1702     GA   South Lumpkin Road Trail-Columbus..........      $500,000
 1703       CA Implement Northeast San Fernando Valley          $200,000
                Road and Safety Improvements..............
 1704     NY   Big Ridge Road: Spencerport Village Line to    $2,500,000
                Gillet Road in the Town of Ogden..........
 1705     TX   Build south bound ramp from east bound I-20    $5,000,000
                to Clark Road at the southern terminus of
                Spur 408. Duncanville, TX.................
 1706     MS   Plan and construct intermodal connector        $1,000,000
                linking I-20 to Hwy 49, Pearl-Richland....
 1707     TN   Reconstruct US 64 from west of Bolivar to      $5,225,000
                the Lawrence County Line in Hardemant,
                McNairy, Hardin, Wayne Counties...........
 1708     PA   Improve safety of Route 145 in Whitehall       $2,225,000
                Township..................................
 1709     GA   Construct Stone Mountain-Lithonia road Bike    $1,000,000
                Lane and Sidewalks, Dekalb County.........
 1710     OK   Texanna Road improvements around Lake          $1,000,000
                Eufaula...................................
 1711     PR   To build an extension of PR-53 between         $5,000,000
                Yabucoa and Maunabo.......................
 1712     IL   To contruct a new intersection of a public       $550,000
                road and US Route 50 and a new street.....
 1713      NC  To plan, design and construct the Northwest    $1,000,000
                Corridor--Western Blvd. Project in
                Jacksonville, NC..........................
 1714       CT Upgrade Mark Twain Drive, Hartford.........    $2,000,000
 1715       CO CO I-70 East Multimodal Corridor (Highway      $2,500,000
                Expansion), Denver........................
 1716     MS   Upgrade roads in Indianola, Ruleville,         $2,000,000
                Moorehead, Doddsville, Sunflower and Drew,
                Sunflower County..........................
 1717     MS   Upgrade roads in North Carrollton (U.S. Hwy      $400,000
                35 and 82) McCain Street, South Street,
                Love Street, and Colver Street, Carroll
                County....................................
 1718     NJ   Passaic-Bergen intermodal transportation      $10,000,000
                deployment initiative.....................
 1719     IL   Upgrade roads, The Village of Maywood......    $1,000,000
 1720     PA   Upgrade Route 30 Corridor and Airport          $1,000,000
                Access....................................
 1721     GA   Upgrade sidewalks and lighting, Lyons......      $500,000
 1722       CA State Route 88--Pine Grove Corridor              $500,000
                Improvement Project.......................
 1723     WA   Tacoma--Lincoln Avenue Grade Separation....    $1,000,000
 1724     NY   Improve NY112 from Old Town Road to NY347..   $10,000,000
 1725     NJ   Construct I-195 Noise Barrier, Hamilton          $750,000
                Twp, Mercer County........................
 1726     AR   Highway 77 Rail Grade Separation...........    $1,000,000
 1727     WA   Kent, WA Willis Street BNSF Railroad Grade       $500,000
                Separation Project........................
 1728     MI   Menominee, Ogden Street Bridge                   $200,000
                rehabilitation project-replacement of
                deck, expansion joints, sidewalks, railing
                and all other joints......................
 1729     VA   Pochantas Trail--development and                 $500,000
                construction of trail from Bluestone
                Junction to Pochantas adjacent to
                abandoned rail line.......................
 1730     NY   Suffolk County ITS arterial monitoring and     $1,500,000
                performance measures......................
 1731     LA   Conduct study for Highway 25 in Washington       $500,000
                Parish....................................
 1732     IL   Construction of the 43rd Street Bicycle          $600,000
                Pedestrian Bridge over Lake Shore Drive,
                City of Chicago...........................
 1733     NY   To design and reconstruct Nassau Avenue,       $2,400,000
                improve sidewalks and include pedestrian
                amenities in Greenpoint, Brooklyn.........
 1734     OH   Upgrade the I-480 and Tiedman Road               $500,000
                interchange, Brooklyn.....................
 1735     NJ   Interchange improvements and bridge            $5,000,000
                replacement, Route 46, Passaic County.....
 1736     PR   Construction of community bridge at Los          $500,000
                Lopez Sector, Quebrada Arenas Community...
 1737     IA   Construction of a Four Lane U.S. Highway 20    $9,000,000
                between Moville in Woodbury County,
                through Ida County and Sac County to U.S.
                71 at Early, IA...........................
 1738     AZ   Paving of Navajo Route 9010 -off of I-40 at    $2,000,000
                Houck, AZ (Exit 348) to Pine Springs Day
                School....................................
 1739     OH   Red Bank Road Improvements from I-71 to        $3,600,000
                Fair Lane in Eastern Hamilton County, Ohio
 1740       CA Construct earthen berm along Esperanza Road    $2,000,000
                from Yorba Linda Blvd. to the west city
                limits to mitigate noise..................
 1741     TX   Construct 6 mainlines from east of Mercury     $2,000,000
                to east of Wallisville....................
 1742     NY   Town of Chester Trout Brook road                  $70,000
                improvements and reconstruction...........
 1743     OR   Upgrade the I-5 Fern Valley Interchange        $3,000,000
                (Exit 24).................................
 1744       CA Construct I-80 Gilman Street interchange       $1,500,000
                improvements in Berkeley..................
 1745     NJ   Construct Vineland Boulevard and Sherman       $1,750,000
                Avenue Intersection Improvements,
                Vineland, Cumberland County...............
 1746     WA   Terry's Corner Park and Ride on Camano         $1,400,000
                Island....................................
 1747     OR   Upgrade U.S. 101 and Utility Relocation,         $200,000
                Gold Beach................................
 1748     WI   Upgrade USH 41 from DePere to Suamico,         $2,500,000
                Wisconsin (Brown County, Wisconsin).......
 1749     IL   Upgrade Veterans Drive in Pekin Illinois...    $1,000,000
 1750     NY   Saugerties, Improve Tissle Road-Old Kings        $500,000
                Highway intersection......................
 1751     TX   Design and Construct the Cottonwood Trail      $1,000,000
                pedestrian-bicycle connection.............
 1752     NY   Rehabilitation of the Ashford Ave. bridge      $2,600,000
                over I-87 in the Villages of Dobbs Ferry
                and Ardsley...............................
 1753     OH   Streetscape completion along US 40 in            $100,000
                Bridgeport................................
 1754     SD   Design and construct new Meridian Bridge       $4,500,000
                across the Missouri River at Yankton......
 1755     MD   Upgrade MD 210 from MD 228 to I-495........    $5,000,000
 1756     IL   For DuPage County to construct certain           $100,000
                segments of Southern DuPage County
                Regional Trail............................
 1757     IA   US 20 relocated, Webster, Sac and Calhoun      $3,000,000
                Counties, Iowa............................
 1758     NJ   Construction of new access roads along         $1,000,000
                Route 42/Blackhorse Pike in Washington
                Township..................................
 1759       CA Highways 152-156 Intersection improvements,    $1,000,000
                CA........................................
 1760     AK   Coffman Cove IFA ferry terminal............    $3,200,000
 1761     MA   Acquisition, engineering design, and           $2,000,000
                construction of the Assabet River Rail
                Trail, Acton, Hudson, Maynard, and Stow...
 1762     MI   Conduct Feasibility Study to Extend I-475        $800,000
                to US 23 in Genesee County................
 1763     TX   Construct a reliever route on US 287 South     $3,000,000
                of Dumas to US 287 North of Dumas.........
 1764     TN   construct new exit on I-75 and connect US-     $4,500,000
                11, US-411, and SR-30.....................
 1765     PA   Design, engineering, ROW acquisition &         $1,750,000
                construction of street improvements,
                parking, safety enhancements & roadway
                redesign in Pittston......................
 1766     TX   Dowlen Road Improvements for Beaumont,         $3,456,000
                Texas.....................................
 1767       CA Construct Hwy 101 bicycle-pedestrian             $500,000
                project in Marin and Sonoma Counties from
                north of Atherton Ave to south of Petaluma
                River bridge..............................
 1768     TX   Construct raised median from Loop 224 to       $3,220,000
                Sradley St. in Nacogdoches, TX............
 1769     OH   Construction of bicycle trail extension in       $500,000
                Geauga Park District in Chardon, OH.......
 1770       CA Extension of a regional Class I bikeway          $400,000
                from the West City limits to the East City
                limits along leased railroad right-of-away
 1771     AR   For rail grade separations identified by      $10,000,000
                the MPO for the Little Rock/North Little
                Rock metropolitan area, (which may
                include: Edison Ave.; Springer Blvd; Hwy
                89 Extension; McCain/Fairfax; Salem Road;.
 1772     NY   Court Street & Smith Street Shopping             $800,000
                District Enhancements.....................
 1773     MA   Hampshire County Bike Paths, Design &          $5,500,000
                Construction..............................
 1774     NV   Construct I-15 Starr Interchange...........   $10,000,000
 1775       CA Construct full-access interchange at SR 120-   $4,000,000
                McKinley Avenue, with the necessary SR120
                auxiliary lanes, Manteca, CA..............
 1776       CA Install emergency vehicle preemption             $500,000
                equipment along major arterials in the I-
                880 corridor, Alameda County..............
 1777     OH   Construct a proposed relocation of US 22      $10,000,000
                and SR 93 from the current IR 70, US 40
                west of Zanesville........................
 1778       CA Conduct Study and Construct I 205 Chrisman     $1,000,000
                Road Interchange Project, Tracy, CA.......
 1779     IL   Construction of part of a 230 mile corridor    $1,700,000
                extending from I-280at Rock Island to I-
                270 south of Alton........................
 1780       CA Construction of Campus Parkway from State        $500,000
                Route 99 to Yosemite Ave., Merced County..
 1781     MI   Construction of Superior Road Roundabout,        $750,000
                Superior Township.........................
 1782     OR   Construction and preliminary engineering of      $200,000
                a railroad crossing at the intersection of
                Havlik Road and Hwy 30, Scappoose.........
 1783     FL   Clark Road Clover Leaf at I95, Jacksonville    $5,500,000
 1784     PA   Construct and widen PA 94 from the Adams       $1,500,000
                and York County line north to Appler Road.
 1785     IL   For the reconstruction and realignment of 2    $2,000,000
                miles of Evergreen Ave. located west of
                the City of Effingham.....................
 1786     IN   Improve State Road 332 and Nebo Road           $2,930,000
                Intersection in Delaware County, Indiana..
 1787     LA   LA 18 Widening (Avondale to US 90),              $800,000
                Jefferson Parish, Louisiana...............
 1788     WI   Construct Lake Butte des Morts Bridge, US     $25,600,000
                Highway 41, Winnebago County, Wisconsin...
 1789     MA   North Worcester County Bike Paths, Design &    $5,000,000
                Construction..............................
 1790     TX   Old Reliance Road Overpass at SH6 (Earl        $2,500,000
                Rudder Freeway)--widening project in
                Brazos Co.................................
 1791     IA   Phase III of Main St project, Amana........    $1,000,000
 1792     MN   Re-align Vadnais Boulevard at interchange      $1,000,000
                of I-694/Highway 49, Ramsey County........
 1793       CA Reconfigure intersection at Highways 152      $10,650,000
                and 156 in Santa Clara County.............
 1794     KY   Construct Georgetown Northwest Bypass from     $3,000,000
                US 460 West to I-75 North, Scott County...
 1795     AZ   Grand Canyon Greenway Trails...............    $1,500,000
 1796     NY   Remediate road runoff in vicinity of           $1,000,000
                Peconic Estuary watershed.................
 1797     MS   Construct I-55 Interchange at Madison-         $5,000,000
                Ridgeland, Madison County.................
 1798     OH   Construction of road improvements from           $150,000
                Richmond Road to new Cuyahoga Community
                College in Warrensville Heights, OH.......
 1799     MI   Construction of the I-696 and Northwestern     $2,000,000
                Highway Interchange Freeway Ramps at
                Franklin Road in Southfield...............
 1800     OH   Construct access improvements to I-680 and     $2,000,000
                internal roadways for Corridor of
                Opportunity, Mahoning Co..................
 1801     NY   Mount Vernon Railroad Cut..................    $2,250,000
 1802     TX   Reconstruct and add two lanes to IH 27 from    $3,000,000
                Western Street in Amarillo to Loop 335....
 1803       CO SH83-SH88 Interchange Reconstruction--         $4,000,000
                Arapahoe County, CO.......................
 1804     NY   Town of Pawling Old Rt 55..................      $500,000
 1805     IL   Upgrade Curtis Road in conjunction with        $7,000,000
                state plan for I-57 interchange; from
                Duncan Rd to 1st Street in Champaign......
 1806     MO   Upgrade Rt. 249 [Range Line] from Rt. 171     $10,000,000
                to I-44...................................
 1807     VA   Bland County Trails and Visitor Center--       $1,000,000
                establishment of multi-use trail network,
                associated facilities and begin work on
                visitors center...........................
 1808     NH   Upgrade Sewalls Falls Road bridge over         $1,000,000
                Merrimack River in Concord................
 1809     IL   Perform Old Orchard Road Expansion and         $1,000,000
                improvement project between harms road and
                US 41, Cook County........................
 1810     MN   Design engineering and ROW acquisition to      $1,000,000
                reconstruct TH 95 bridge, North Branch....
 1811     NY   Tappan Zee Bridge to I287 Transportation       $1,000,000
                Corridor..................................
 1812       CA Upgrade and reconstruct the I-80/I-680/SR12   $21,000,000
                Interchange, Solano County................
 1813     MD   US 219 Oakland Bypass......................    $1,000,000
 1814      NC  US 221 widening from US 421 to Jefferson,      $2,000,000
                NC........................................
 1815     IL   Complete 80,000lb truck route between CH2      $3,000,000
                (Burma Rd) and IL Rte 130 in Cumberland
                County....................................
 1816       CA Improvement of intersection at Burbank           $400,000
                Blvd. and Hayvenhurst Ave.................
 1817     OH   Construct pedestrain bridge over I77;          $2,000,000
                tunnel underneath railroad; bridge over
                Tuscarawas River along OH and Erie Canal
                in Tuscarawas County......................
 1818     MN   Lake Street Access to I-35W, Minneapolis...    $6,000,000
 1819     WI   Upgrade USH 2 in Ashland County............    $4,000,000
 1820     OR   Construct an urban arterial street between     $3,700,000
                NE Weidler and NE Washington on NE 102nd,
                Portland..................................
 1821       CA Construct an Interchange on Highway 70 at      $2,000,000
                Georgia Pacific Road in Oroville..........
 1822     AZ   Construct or Modify Railroad Grade            $13,300,000
                Separations on 6th St. and 22nd St. and
                Reconstruct Speedway Blvd. Underpass in
                Tucson....................................
 1823     FL   Construct North Ormond Beach Business Park     $1,100,000
                Interchange at I-95 between U.S. 1 and SR
                40, Volusia County........................
 1824     MN   Environmental review for improvement along     $1,300,000
                the entire US 10 corridor.................
 1825     NY   Construct visitor center, access road, and       $750,000
                parking at Sam's Point Preserve,
                Ellenville................................
 1826     OH   Installation of road improvements on Old         $100,000
                State Road-SR 608 in Middlefield, OH......
 1827     WA   To replace BNSF trestle, Sammamish River       $2,000,000
                bridge and reconstruct SR202/127th Pl NE
                and SR202/180th Ave NE intersections......
 1828     PA   Completion of beltway interchanges along       $1,000,000
                Business Route 60 in Moon Township,
                Allegheny County..........................
 1829     TX   US 290 Improvements in Austin, TX..........    $3,000,000
 1830       CA City of Madera, CA Improve SR99-SR145          $2,000,000
                Interchange...............................
 1831     AL   Construct a new interchange on I-65 at         $1,000,000
                Cullman, AL County Road 222...............
 1832     VA   Improve transportation projects for            $3,750,000
                Jamestown 2007............................
 1833     MI   Design and construction of West Michigan       $3,000,000
                Regional Trail Network connector to link
                two trail systems together and to Grand
                Rapids....................................
 1834     TN   Plan and construct a bicycle and pedestrian    $9,000,000
                trail including enhancements, Murfreesboro
 1835     AZ   Replacement of Safford Bridge which crosses    $3,500,000
                the Gila River directly north of Safford,
                AZ on North 8th Avenue....................
 1836     TX   Design & construct streetscape improvements    $1,000,000
                to Old Spanish Trail--SH 288 to Griggs,
                Griggs to Mykawa..........................
 1837     TN   For each rail-highway crossing: Improve           $57,000
                circuitry on vehicle protection device
                installed at crossing in Knoxville, TN....
 1838     OH   Reconstruct Broadway Ave in Lorain.........      $750,000
 1839     OH   Road Widening and related improvements to      $3,410,000
                SR 82 in Macedonia OH.....................
 1840     MN   Reconstruct CSAH 4 and CSAH 5 ( Forest         $1,740,000
                Highway 11) between CSAH 15 and TH 61,
                Silver Bay................................
 1841       CA Ramona Avenue Grade Separation, Montclair,     $2,000,000
                California................................
 1842     MN   Roadway improvements, City of Federal Dam..    $1,000,000
 1843     VA   Rocky Knob Heritage Center-- planning,         $1,500,000
                design, site acquisition and construction
                for trail system and visitors center on
                Blue Ridge Parkway........................
 1844     FL   Design and construct capacity and safety       $2,000,000
                improvements for State Road 426--County
                Road 419 in Oviedo from Pine St to west of
                Lockwood Blvd.............................
 1845     FL   Coordinated Regional Transportation Study      $1,500,000
                of US 98 from Pensacola Bay Bridge,
                Escambia County to Hathaway Bridge, Walton
                County, Florida...........................
 1846     PA   Paving and reconstruction in the townships:    $2,000,000
                North and South Eldorado, North Altoona,
                Fairview, Juniata, East End, Pleasant
                Valley, South Tracks, Lyswen-Altoona, PA..
 1847     AK   Construct access road connection from          $3,000,000
                Seward Highway to rail and airport
                facilities in Seward......................
 1848     AZ   Realign Davis Road from State Route 80 to      $3,300,000
                State Route 191...........................
 1849     PA   Reesdale Street roadway reconfiguration to     $1,000,000
                allow HOV access to new parking facility..
 1850     WA   SR 538 (College Way) and North 26th St.          $175,000
                Signal in Mount Vernon....................
 1851     TX   Acquisition of right of way and               $12,000,000
                environmental preservation from I-45 to
                U.S. 59 for Grand Parkway.................
 1852     ID   Reconstruct Grangemont Road (Idaho Forest      $2,000,000
                Highway 67) from Orofino to Milepost 9.3..
 1853     VA   Expansion of South Airport Connector Road      $7,000,000
                (Clarkson Road to Charles City)...........
 1854     NY   Design and Construction of bicycle and           $480,000
                pedestrian facilities in the area of the
                Roosevelt Avenue Bridge...................
 1855      NC  Construct Endor Iron Furnace Greenway          $1,000,000
                enhancements from Deep River to Sanford...
 1856       CO Improve and widen State Highway 44 from        $4,000,000
                Colorado Boulevard to State Highway 2.....
 1857     FL   Fund improvement of US 301 corridor in         $2,000,000
                Sumter and Marion Counties................
 1858     TN   complete construction and landscaping of         $100,000
                visitor center on Cherohala Skyway in
                Monroe County, TN.........................
 1859     OR   Construction of the East Burnside Street       $3,700,000
                improvements, Portland....................
 1860     AL   Expand to 4 lanes US Highway 278 from          $1,000,000
                Sulligent to Guin.........................
 1861     IL   Francis Cabrini/W. Green Homes CHA Street        $600,000
                Construction, City of Chicago.............
 1862     NY   Plan and construct bicycle path, esplanades   $10,000,000
                and ferry landing along New York Bay in
                Sunset Park, Brooklyn.....................
 1863     PA   Construct Dubois Regional Medical Center         $600,000
                Access Road...............................
 1864     NY   To design and construct safe route to            $550,000
                school projects in Brooklyn, Queens and
                Manhattan, NY.............................
 1865     PA   US 30 corridor improvements from PA 896 to     $3,000,000
                PA 897. Connects PA 41....................
 1866     MD   US 40 Alternate, Middletown Bypass.........    $5,000,000
 1867       CA Construction of a smart crosswalk system at       $50,000
                the intersection of Topanga Canyon Blvd.
                and Gault St..............................
 1868     WI   Expand USH 51 & STH 29 in Marathon County..    $8,000,000
 1869     PA   Construct 2 flyover ramps and S Linden St      $7,000,000
                ext for access to industrial sites in the
                cities of McKeesport and Duquesne.........
 1870     NY   Construct 4-lane bypass roadway along US         $130,000
                Route 6 in Lake Mohegan parallel to
                Strawberry Road in Yorktown ending in Town
                of Cortlandt Manor........................
 1871     NY   Construct pedestrian walkway along Route 9A    $5,000,000
                in Hudson River Park, New York City.......
 1872     IN   Design engineering, right-of-way               $2,000,000
                acquistion, and construction for the Grant
                County Economic Corridor..................
 1873     MN   City of Marshall TH 23 4-Lane Extension....    $3,288,000
 1874     IL   Henry Horner Homes CHA Street Construction,    $1,000,000
                City of Chicago...........................
 1875     TN   Improve circuitry on vehicle protection          $158,000
                device installed at highway-RR crossing in
                Knoxville, TN.............................
 1876     NJ   Construct Intersection at Route 46 and         $1,500,000
                Little Ferry Circle in Little Ferry.......
 1877     AR   Improve State Highway 88 (Higdon Ferry         $4,000,000
                Road) in Hot Springs......................
 1878     MD   Improve US 1, Washington Boulevard Corridor    $1,000,000
                in Howard County..........................
 1879     NY   Downtown Flushing Traffic and Pedestrian       $1,000,000
                Improvements..............................
 1880     FL   Arlington Expressway Access Rd.,               $1,500,000
                Jacksonville..............................
 1881       CO Construct arterial on W side of Montrose to    $7,500,000
                ease traffic congestion on SH 550 between
                Grand Avenue, N/S of city.................
 1882       CO North I-25: Denver to Fort Collins Colorado    $8,000,000
 1883       CA Planning for Orange Line Mag Lev from            $350,000
                downtown Los Angeles to central Orange
                County....................................
 1884     NJ   Rahway Streetscape Replacement Project.....      $500,000
 1885       CT Reconstruct I-95/I-91 interchange and          $2,000,000
                construct pedestrian walkway, New Haven...
 1886     VA   Blue Ridge Music Center--install lighting/     $1,500,000
                steps, upgrade existing trail system and
                equip interpretative center with visitor
                information...............................
 1887     VA   Ceres Recreation Trail and Center--design        $150,000
                and construct pedestrian/bicycle trail in
                community of Ceres and establish trail
                center....................................
 1888     ME   Construction of trails within the Eastern      $1,000,000
                Trail Management District.................
 1889     GA   1-75 interchanges from north of Tifton to      $1,000,000
                Turner County line........................
 1890     GA   City of Savannah, Construct bike and             $200,000
                pedestrian paths along Heritage Rail......
 1891     FL   Implementation of the Advanced Traffic         $2,000,000
                Managament System, Boca Raton, FL.........
 1892     TX   Construct reliever route on US 287 South of    $3,000,000
                Stratford to US 287 North of Stratford....
 1893     WI   Construct HSH 151 between CTH D and STH        $3,000,000
                175, Fond du Lac County, WI...............
 1894     OH   Construct transportation enhancement          $10,500,000
                projects, Toledo..........................
 1895     TX   Contruct grade separation at US59 and SH99.    $5,000,000
                Replace the proposed interim cloverleaf
                ramps at the intersection.................
 1896     MS   Gateways Transportation Enhancement              $250,000
                Project, Hancock County...................
 1897     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of IS 194.................
 1898     OK   Improvements to SH412P at I-44 Interchange.    $4,500,000
 1899     FL   Acquire right-of-way and construct East-       $3,000,000
                West Connector from SR 37 to SR 563 in
                Lakeland, FL..............................
 1900     WA   Design Valley Mall Blvd for Main St to I-82    $6,400,000
                and two I-82 interchanges at Mileposts 36
                and 38 in Union Gap, WA...................
 1901     WA   Extension of Waaga Way west to Old Frontier      $500,000
                Rd and construction of a ramp from SR3 to
                SR303.....................................
 1902     ME   Plan and construct highway access between      $1,000,000
                US Route 161 and US Route 1 in Madawaska..
 1903       CA Randolph St improvements between Wilmington    $1,200,000
                Ave and Fishburn Ave in Huntington Park...
 1904       CA Reconstruct Azusa Ave and San Gabriel Ave      $2,500,000
                for two-way traffic in Azusa..............
 1905     KS   Construction of a 1.5 mile alternate truck       $500,000
                route in Downs, Kansas....................
 1906     AL   Pedestrian Improvements for Columbiana, AL.      $100,000
 1907     MN   Reconstruct CSAH 91 from the D.M. and I.R.     $5,000,000
                Railroad crossing at 8th Street in Duluth
                to CSAH 56, St Louis County...............
 1908     NY   Construct Wayne County, NY rails to trails       $345,000
                initiative................................
 1909     MA   Design and construct signal crossing and         $750,000
                other safety improvements to Bicycle/
                Pedestrian Path...........................
 1910     MI   Construction of Nonmotorized Pathway, City       $300,000
                of Rockwood...............................
 1911     WA   Purchase of scenic easement at I-90 and          $600,000
                Highway 18................................
 1912     PA   Reconstruct the SR 33, 512 interchange in      $2,500,000
                the Borough of Wind Gap...................
 1913     NY   Access improvements for terminal located on    $4,000,000
                12th Ave between W. 44th and W. 54th St in
                Manhattan.................................
 1914     IL   Completion of the Grand Illinois Trail,        $1,292,500
                Cook County...............................
 1915       CA Construct and improve medians and drainage     $1,700,000
                on Imperial Highway from west border to
                east border of city in La Mirada..........
 1916       CT Construct Pomfret Pedestrian Bridge........      $120,000
 1917     NV   Construct Laughlin Bullhead City Bridge....    $2,000,000
 1918     PA   Design, engineering, ROW acquisition, &        $1,000,000
                construction of the widening of
                Pennsylvania Rt. 443 Corridor in Carbon
                County....................................
 1919     NY   Palisades Interstate Parkway Mitigation          $600,000
                Measures for New Square...................
 1920       CA Reconstruct and widen Del Amo Blvd to four     $3,000,000
                lanes between Normandie Ave and New
                Hampshire Ave, Los Angeles County.........
 1921     MN   Reconstruct Unorganized Township Road 488      $1,025,000
                from CSAH 138, Koochiching County.........
 1922     NY   Reconstruction of Empire Boulevard.........    $6,400,000
 1923     PA   Reconstruction of PA 309 from Greenwood        $2,500,000
                Avenue to Welsh Road......................
 1924     TN   Construction of I-69 in Obion, Dyer,          $14,125,000
                Lauderdale & Tipton Counties..............
 1925     IL   Design, land acquistion, and construction      $2,000,000
                of South Main St (IL 2) Corridor from
                Beltline Rd to Cedar Street in Rockford,
                IL........................................
 1926     OH   Grading, paving, roads for the transfer of    $12,500,000
                rail to truck for the intermodal facility
                at Rickenbacker Airport...................
 1927     MA   Reconstruction of Pleasant Street,             $2,000,000
                Watertown.................................
 1928     MN   Lake Wobegon Trail corridor from Sauk            $352,000
                Centre to the Stearns County line.........
 1929     RI   Replace Sakonnet Bridge....................    $2,000,000
 1930       CA Conduct study and construct CA State Route     $5,000,000
                239 from State Route 4 in Brentwood area
                to I-205 in Tracy area....................
 1931     MA   Geometric improvements, safety enhancements    $1,500,000
                and signal upgrades at Rt. 28 & Rt. 106,
                intersection West Bridgewater.............
 1932     WA   Fife--Widen 70th Ave. East and Valley Ave.     $1,000,000
                East......................................
 1933       CA Construct two right hand turn for Byzantine      $400,000
                Latino Quarter transit plazas at Normandie
                and Pico, and Hoover and Pico, Los Angeles
 1934     WA   I-90 Two-Way Transit-HOV Project...........    $4,000,000
 1935     AL   Construct Talladega Mountains Natural            $500,000
                Resource Center--an educational center and
                hub for hikers, bicyclists, and
                automobiles...............................
 1936     MD   Gaithersburg, MD Extension of Teachers Way--   $1,400,000
                Olde Towne Gaithersburg Revitalization....
 1937     IL   Intersection Reconstruction and Bridge         $2,500,000
                Rehabilitation at IL 60 and Peterson Road.
 1938     AK   Planning, design, and EIS of Bradfield         $2,300,000
                Canal Road................................
 1939     TX   Reconstruct Clinton Dr. from Federal Rd. to   $14,000,000
                N. Wayside Dr.............................
 1940     GA   Pave portions of CR 345, CR 44, and CR 45,       $370,000
                Hancock County............................
 1941     NY   Deer Avoidance System, to deter deer from        $250,000
                milepost marker 494.5, Ripley, PA, to
                304.2., Weedsport, NY along I-90..........
 1942       CA El Camino Real Grand Blvd Initiative in San    $3,500,000
                Mateo County..............................
 1943       CA Construct Guadalupe River Trail from I-880     $7,000,000
                to Highway 237 in Santa Clara County......
 1944     TN   Cocke County, Tennessee SR-32                    $500,000
                reconstruction............................
 1945     IL   Construct I-80, Ridgeland Ave.                 $1,000,000
                Improvements, Tinley Park.................
 1946     KY   Construct Pedestrian Mall and Streetscape      $3,905,000
                Improvements, Wilmore.....................
 1947     PA   PA 23 corridor improvements from US 30 to      $2,450,000
                US 322....................................
 1948     NJ   Replacement and realignment of Amwell Road       $555,000
                Bridge over Neshanic River................
 1949     FL   City of Wilton Manors Powerline Road             $375,000
                Streetscape Enhancement Project...........
 1950     TX   Construct SH 199 (Henderson St.) through       $7,000,000
                the Trinity Uptown Project between the
                West Fork and Clear Fork of the Trinity
                River in Fort Worth.......................
 1951     IN   Construction of multi-use paths, Town of         $250,000
                Fishers, Indiana..........................
 1952     OH   Construct White Pond Dr. project in Akron..    $1,000,000
 1953     MN   Design and right of way acquisition for I-     $1,000,000
                35E-CSAH 14 Main Street Interchange, city
                of Lino Lakes, Minnesota..................
 1954     OR   Expand storage facilities in Eugene to         $2,500,000
                support transportation enhancement
                activities throughout the state...........
 1955       CA Improvements to US-101 ramps between             $400,000
                Winnetka Ave. and Van Nuys Blvd...........
 1956     IN   Acquire right of way for and construct         $3,000,000
                University Parkway from Upper Mt. Vernon
                Road to SR 66.............................
 1957       CA Pine Avenue extension from Route 71 to         $8,500,000
                Euclid Avenue in the City of Chino,
                California................................
 1958     MO   Confluence Greenway Land Acquisition for         $700,000
                Riverfront Trail development in St. Louis.
 1959     TN   Retrofit noise abatement walls in Davidson     $2,500,000
                County....................................
 1960     MA   Road Improvements between Museum Road &        $4,000,000
                Forsyth Way...............................
 1961     MI   Commerce, Haggerty Road from 14 Mile to        $1,500,000
                Richardson................................
 1962     WI   Expand STH 23, County Highway OJ to US        $15,000,000
                Highway 41, WI............................
 1963     FL   Construct interchange at I-95 and Matanzas     $1,000,000
                Woods Parkway, Flagler County.............
 1964     IL   Miller Road Widening and Improvement,          $7,955,000
                McHenry...................................
 1965      NC  Construct Neuse River Trail in Johnston        $2,000,000
                County....................................
 1966     TX   Construct landscaping and other pedestrian     $2,000,000
                amenities in segments of the Old Spanish
                Trail and Griggs Road rights-of-way.......
 1967     NY   Construction of and improvements to Union      $1,000,000
                Road and Walden Avenue in Cheektowaga.....
 1968     LA   Construction of West Covington Bypass--LA      $4,000,000
                21 Widening...............................
 1969     MS   Construct Byrd Parkway Extension, Petal....    $1,000,000
 1970     NY   Intermodal transportation improvements in      $3,300,000
                Coney Island..............................
 1971     MN   Construct one mile of new roadway and a        $3,280,000
                bridge crossing the DM&IR railroad tracks,
                and construct connector between CSAH 14
                and CSAH 284, Proctor.....................
 1972     NH   Construct Park and Ride, Exit 5 on I-93--      $2,000,000
                Londonderry, NH...........................
 1973     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Exeter Borough, Luzerne County.........
 1974     PA   Extension of River Road in Reading, PA to      $1,500,000
                provide access to major industial and
                brownfields sites.........................
 1975     AK   Point MacKenzie in Matanuska-Susitna           $1,000,000
                Borough plan and design road access.......
 1976     TX   Repair 4.35 miles of Lake Ridge Parkway.       $6,000,000
                Widen roadway along with 2 bridges from 4
                lanes to 6 across Joe Poole Lake in Grand
                Prairie, TX...............................
 1977     IL   Robert Taylor Homes CHA Street                   $550,000
                Construction, City of Chicago.............
 1978     OR   Rockwood Town Center for Stark Street from     $1,750,000
                190th to 197th for pedestrian, bicycle and
                transit facilities and safety mitigation..
 1979     PA   Route 89 Curve Realignment one mile north        $300,000
                of Titusville on Route 89.................
 1980     FL   Sand Lake Road Improvements between            $6,000,000
                Presidents Drive and I-4..................
 1981     MI   Sault Ste. Marie, Reconstruct East Spruce        $950,000
                Street with drainage, curb, gutter,
                pavement, traffic control devices.........
 1982     MI   Study and construct I-96/US31-Sternberg        $6,000,000
                Road area improvements....................
 1983     PA   Provide access to HOV ramp from Reedsdale      $2,000,000
                Street with traffic signals, pavement
                markings, lane control and fast acting
                gates.....................................
 1984     IL   The extension of MacArthur Blvd. from          $1,500,000
                Wabash to Iron Bridge Road. Springfield...
 1985     IL   Construct Cedar Creek Linear Park Trail,         $500,000
                Quincy....................................
 1986     IN   Conduct study for US50 Corridor                  $300,000
                Improvements, Dearborn County Indiana.....
 1987     IL   Design, land acquisition, and construct        $2,000,000
                West State St (US Business 20) from
                Meridan Rd to Rockton Ave in Rockford, IL.
 1988       CA The Foothill South Project, construct 16      $10,000,000
                miles of a six-lane limited access highway
                system....................................
 1989     MI   Construct Road Improvements to Miller Rd.      $3,000,000
                from I-75 to Linden Rd. Flint Township....
 1990       CA State Route 99 improvements at Sheldon Road    $4,000,000
 1991     KY   The Kentucky Multi-Highway Preservation        $1,600,000
                Project...................................
 1992     NY   Town of Warwick, NY. Bridge replacement on       $175,000
                Buttermilk Falls Rd.......................
 1993     TN   Improve existing two lane highway to a four    $5,500,000
                lane facility along the US-412 Corridor
                west of Natchez Trace to US-43 at Mt.
                Pleasant..................................
 1994     NY   Town of Warwick, NY East Shore Road              $800,000
                reconstruction............................
 1995     FL   Traffic Reconfiguration of SR 934 and US 1     $1,000,000
                Route, Miami..............................
 1996     PA   For design, engineering, ROW acquisition,        $300,000
                and construction of the third phase of the
                Marshalls Creek Bypass Project in Monroe
                County, Pennsylvania......................
 1997     MI   Construct North Central Muskegon County        $2,300,000
                Corridor Improvements at US 31 and Russell
                Road......................................
 1998     OH   Reconstruct I-75/I-475 Interchange, Toledo.    $3,000,000
 1999     NY   College Point 20th Avenue Streetscapes           $700,000
                Improvements Project in Queens............
 2000     OH   Construct a 4 lane limited access road to        $750,000
                link Newcomerstown and Cadiz..............
 2001       CO Construct trail to extend the Pequonnock         $500,000
                Valley rail-trail through Trumbull and
                into Bridgeport, CT.......................
 2002     MS   Plan and Construct Star Landing Corridor       $2,000,000
                from US 78 to US 61.......................
 2003     TX   I Road Between Nolana Loop and FM 495 in       $1,900,000
                Hidalgo County............................
 2004      NC  North Carolina. Add passing lanes and          $2,000,000
                safety improvements to US Hwy. 64 in
                Transylvania County.......................
 2005     TN   Improve streetscape and pavement repair,         $300,000
                Blount County, TN.........................
 2006       CT Reconstruction of State Route 111 from         $1,500,000
                Purdy Hill Road to Fan Hill Road, Monroe,
                CT........................................
 2007     IL   Resurface Trumbull Ave. and Homan Ave.,          $400,000
                Evergreen Park............................
 2008     GA   HWY 78 Corridor Improvement Gwinnett County      $500,000
 2009     TX   Construct Southwest Bypass in Georgetown,      $4,000,000
                Texas, between SH29 and Ranch Road 2243...
 2010     MO   To improve U.S. 54 to a four lane highway      $1,000,000
                from the Osage River to MO Route KK.......
 2011     MS   Upgrade roads in Mayersville (U.S. Hwy 14        $200,000
                and 1), Issaquena County..................
 2012     MA   Gainsborough St. & St. Botolph St.               $750,000
                Improvements..............................
 2013     IN   Construct US 31 Kokomo Corridor Project for    $1,000,000
                Kokomo Howard County, Indiana.............
 2014     OH   Construction of Tri-State Outer Belt in        $2,000,000
                Lawrence County...........................
 2015     PA   Completion of I-79-Kirwin Heights              $2,000,000
                Interchange and construction of retaining
                walls, bridge and new ramps...............
 2016     OH   Construction of the Carroll Area               $3,000,000
                Interchange in Fairfield County...........
 2017       CA Construct the Silicon Valley Transportation    $2,500,000
                Incident Management Center in San Jose....
 2018       CA Design and Construction Camino Tassajara       $1,000,000
                Crown Canyon to East Town Project,
                Danville, CA..............................
 2019     NY   Dutchess County, Replace County Bridge BIN       $400,000
                3343110 over Fishkill Creek, Philips Road,
                Town of East Fishkill.....................
 2020     WI   North 28th Street Phase 2 roadway safety       $1,280,000
                improvements from Weeks Avenue to Hill
                Avenue in Superior........................
 2021      NC  Upgrade US 74 in Columbus County...........    $7,000,000
 2022     MS   Upgrade US 78 to Interstate Standards from     $4,000,000
                the MS-TN state line to the MS-AL state
                line......................................
 2023     IN   Improve Bailie Street, Kentland............      $320,000
 2024       CA Realignment of La Brea Avenue to reduce        $3,640,000
                congestion................................
 2025     IL   Resurface Elston Avenue from Milwaukee to      $2,000,000
                Pulaski, Chicago..........................
 2026     TN   Sullivan, Washington Counties, Tennessee SR-   $2,000,000
                75 widening...............................
 2027     GA   US 17/SR 404 Spur, Back River bridge           $4,000,000
                replacement, Savannah.....................
 2028     MS   US 98 access improvements & new I-59           $4,000,000
                interchange, Lamar County.................
 2029     VA   Construct South Airport Connector, Richmond      $500,000
                International Airport.....................
 2030     NY   City of Peeskill, NY Street Resurfacing          $130,000
                Program. Riverview Avenue.................
 2031     GA   SR 400 at SR 120 Old Milton Parkway            $1,000,000
                intersection improvement Fulton County
                Georgia...................................
 2032     MA   East Boston Haul Road Construction.........    $6,000,000
 2033     NY   Town of Goshen Orzeck Road reconstruction..      $400,000
 2034     VA   Revitalize Main Street in Dumfries.........      $725,000
 2035     FL   Replace Platt Street Bridge................    $3,000,000
 2036     FL   Access Rd. Streetscaping, Sanford Airport..      $500,000
 2037     NY   Rockland County and City of Yonkers to         $1,000,000
                Lower-Manhattan Ferry Boat project........
 2038      SC  Complete construction of Palmetto Parkway      $6,000,000
                (I-520) Extension (Phase II) to I-20......
 2039     NM   US 62-180 Reconstruction, Texas State Line     $5,000,000
                to Carlsbad...............................
 2040     IL   US Rt 30 between Williams Street and IL Rt     $6,000,000
                43 for signals, turn & or deceleration
                lanes at 80th Ave, Wolf Rd, Lincoln Way HS
                and Locust St.............................
 2041     OH   Construct Orchard Lane to Factory Road           $500,000
                Connector, Greene County..................
 2042     TX   Construction of vessel impact protection         $500,000
                system for TXDOT..........................
 2043      NC  Design and construction of the Airport Area    $5,000,000
                Roadway Network, High Point, North
                Carolina..................................
 2044     VA   Repair Colorado Street bridge in Salem,        $1,500,000
                Virginia..................................
 2045       CA Project to evaluate air quality and              $100,000
                congestion mitigation benefits of a Hybrid
                Utility Vehicle in Santa Barbara County...
 2046     PA   Mill Street improvements, Borough of             $900,000
                Lansdale..................................
 2047     MN   Construction of County State Aid Highway       $3,200,000
                21, Scott County, MN......................
 2048     PA   Safety improvement to Chesnuts Turn--SR        $2,600,000
                475, Fulton County, PA....................
 2049     TX   Two direct connectors in Houston, Texas        $5,000,000
                between IH 10 and SH 99, The Grand Parkway
 2050     MO   Upgrade of Rt. 71 from Pineville to           $15,000,000
                Arkansas State Line.......................
 2051       CA Improve interstates and roads part of the     $25,000,000
                Inland Empire Goods Movement Gateway
                project in and around the former Norton
                Air Force Base............................
 2052     IL   Preconstruction activities for Sangamon          $500,000
                Valley Bicycle Trail (IL).................
 2053     MI   St. Clair County Parks is working with 13        $500,000
                local units to develop the 54-mile Bridge-
                to-Bay trail..............................
 2054     NJ   New Jersey Underground Railroad for              $320,000
                preservation, enhancement and promotion of
                sites in New Jersey.......................
 2055       CA Construction of an interchange at Lammers      $1,000,000
                Road and I-205, Tracy, CA.................
 2056     MN   Right of way acquisition for St. Cloud         $3,000,000
                Metro Area Project Development Studies....
 2057     NY   Improve CR39 from NY27 to NY27A, Suffolk       $3,000,000
                County....................................
 2058     PA   Street improvements, Borough of Ambler.....      $650,000
 2059     KY   Reconstruction of KY61 from Greensburg in      $1,000,000
                Green County to Columbia in Adair County..
 2060     TX   Construct Loop 12-IH 35E and SH 183 west       $1,000,000
                extension to MacArthur, Irving, Texas.....
 2061      NC  To plan, design, and construct the segment     $1,000,000
                of Berkeley Blvd. from Royal Avenue to Hew
                Hope Rd (SR 1003) in Goldsboro, NC........
 2062     OH   Upgrade Manchester Rd. in Akron............    $4,000,000
 2063     IL   St. Charles Road, The Village of Bellwood..    $1,000,000
 2064     TN   Engineer, design & construction of             $9,000,000
                connector rd from I-75 interchange across
                Enterprise South Industrial Park to Hwy 58
                in Hamilton County........................
 2065     TX   Construct 4 lane divided roadway along SH      $1,000,000
                71 from the Perdernales River to Bee Creek
 2066       CT I-84 Danbury Exits 1-11 Upgrade                $1,500,000
                Interchanges..............................
 2067       CA Complete the engineering design and acquire    $5,000,000
                the right-of-way needed for the Arch-
                Sperry project in San Joaquin County......
 2068     UT   Increase lane capacity on bridge over          $3,000,000
                Virgin River on Washington Fields Road in
                Washington................................
 2069     NY   Installation of Utica Traffic Signal System    $3,000,000
 2070      NC  To construct an interchange at an existing     $4,000,000
                grade separation at SR 1602 (Old
                Stantonsburg Rd.) and U.S. 264 Bypass in
                Wilson County, NC.........................
 2071     WA   US 12 Burbank to Walla Walla: Construct new    $3,300,000
                four lane highway for portion of US 12....
 2072     TX   Construct direct connectors on US 59           $1,500,000
                Intersection of US 59, Business 59 and US
                77 (previously Loop 463)..................
 2073     OH   Structural improvements to two bridges over      $500,000
                the Zimber Ditch between 38th St. and
                Whipple Ave. in Canton, Ohio..............
 2074     OK   US 281, Widen US 281 from the new US 281       $1,000,000
                Spur North to Geary Canadian County, OK...
 2075     MI   City of Negaunee, Croix Street                 $1,125,000
                reconstruction-Streetscape and resurfacing
                from US 41 to Maas Street.................
 2076     KS   Construct I-35 and Lone Elm Road               $5,000,000
                interchange and widen I-35 from 51st St.
                to 59th St., Olathe.......................
 2077     MI   Integrated highway realignment and grade         $500,000
                separations at Port Huron, MI to eliminate
                road blockages from NAFTA rail traffic....
 2078     OK   US-60, Widen US-60 between Bartlesville and    $3,000,000
                Pawhuska, Osage County, OK................
 2079     WA   Construct an off-ramp from I-5 to the            $500,000
                intersection of Alderwood Mall Blvd and
                Alderwood Mall Pkwy.......................
 2080       CA Reduce congestion and boost economies          $5,000,000
                through safer access to the coast by
                realigning Hwy 299 between Trinity and
                Shasta Counties...........................
 2081     IL   Pre-construction and construction              $1,000,000
                activities on US 45/LaGrange Road from
                131st Street to 179th Street..............
 2082     AR   Van Buren, Arkansas--Widen and reconstruct     $3,000,000
                Rena Road.................................
 2083     GA   Construction of infrastructure for inter-      $6,500,000
                parcel access, median upgrades, lighting,
                and beautification along Highway 78
                corridor..................................
 2084       CA Construct Alviso Bay Trail from Gold Street    $1,000,000
                in historic Alviso to San Tomas Aquino
                Creek in San Jose.........................
 2085     MS   Construct bicycle and trolley path,              $850,000
                Hattiesburg...............................
 2086     WI   Construct a bike and pedestrian bridge           $300,000
                across STH 100 at the 1800 block of S.
                108th Street, West Allis..................
 2087     IL   Increasing the height on the IL Rt. 82         $3,000,000
                Railroad Underpass in Geneseo, IL.........
 2088      NC  US-70 Goldsboro Bypass.....................    $1,000,000
 2089       CA Vasco Road Safety Improvements, Contra         $1,000,000
                Costa Transportation Authority and the
                County of Alameda Public Works, California
 2090     NY   Downtown Flushing Multi-Modal Connection       $1,100,000
                Project, Queens...........................
 2091     MD   Construct Safety and Operations                $1,700,000
                Improvements at MLK Jr. Blvd. and W.
                Baltimore Street in Baltimore.............
 2092     NY   Rehabilitate Riis Park Boardwalk...........      $300,000
 2093     TX   Construct 25 mile stretch of the 177-mile     $11,500,000
                loop, between IH-45 south and SH-288......
 2094     UT   Construction of Midvalley Highway, Tooele      $1,000,000
                County, Utah..............................
 2095     WA   Improve Willapa Hills bicycle and                $200,000
                pedestrian trail between Rainbow Falls
                State Park and Adna.......................
 2096     PA   Design and construct interchange and           $6,000,000
                related improvements at I 83 Exit 18......
 2097     VA   Northern Virginia Potomac Heritage National    $1,000,000
                Scenic Trail..............................
 2098      NC  Construct new traffic path to receive and      $3,000,000
                dispatch trucks from US 74, US 76, US 421,
                and US 17S................................
 2099     OK   Construction of Midwest City Pedestrian        $1,000,000
                Walkway...................................
 2100     TX   Construct parallel bridge for SH 35 over       $1,000,000
                Capano Bay................................
 2101     GA   Construct access roads on Airport Loop road    $2,000,000
                in Hapeville..............................
 2102     TN   Construct 2nd Creek Greenway, Knoxville,         $685,700
                Tennessee.................................
 2103     NE   Design, right-of-way and construction for      $1,000,000
                the Louisville Bypass, Nebraska...........
 2104     HI   Construct Honoapiilani Highway Realignment.    $3,000,000
 2105     TN   Hamblen County, Tennessee US25E interchange    $1,000,000
                improvements..............................
 2106     IL   Construction of a new bicycle-pedestrian       $1,200,000
                bridge in Wayne, IL.......................
 2107     PA   David Lawrence Convention Center Phase IV-     $1,200,000
                reconstruction of roadways assoc. with HQ
                hotel project.............................
 2108       CO I-70 and SH58 Interchange: Reconstruction      $4,000,000
                of existing ramps, building of missing
                ramps and ROW acquisition.................
 2109     OH   Reconstruct U.S. Route 6 (Lake Road). Rocky    $2,000,000
                River.....................................
 2110     WA   Construct .6 mile span over I-5 in Thurston    $4,300,000
                County to connect Chehalis Western Trail..
 2111     IL   Extend Frank Scott Parkway East Road to        $2,800,000
                Scott AFB, St. Clair County...............
 2112     OH   Reconfigure I-480 and Transportation Blvd.       $750,000
                Interchange, Garfield Heights.............
 2113     NY   Rehabilitation of Route 100 from Virginia      $1,100,000
                Road to Westchester Community College.....
 2114     TN   Restoration of historic L&N Depot, McMinn         $20,000
                County, Tennessee.........................
 2115     SD   Resurface 10 miles of US18 from Okreek to      $2,300,000
                Carter on the Rosebud Indian Reservation..
 2116       CA Route 198 Expansion, from SR 99 to SR43....    $3,000,000
 2117     WA   SR 543 Interstate 5 to International           $2,500,000
                Boundary Enhancement in Blaine............
 2118     MD   Rockville, MD Construction of Maryland         $4,000,000
                Avenue and Market Street Intermodal Access
                Project...................................
 2119     MN   US Highway 212 expansion from Carver Cnty      $1,000,000
                Rd 147 to Cologne and from Cologne to
                Norwood Young America.....................
 2120     VA   Vienna, VA Maple Avenue improvement project    $1,650,000
 2121     IL   Village of South Jacksonville--West              $952,572
                Vandalia Road upgrades....................
 2122     AS   Village road improvements for Launiusaelua     $3,000,000
                and Ituau counties in the Central district
 2123     AS   Village road improvements for Tualauta,        $3,000,000
                Tualatai, Aitulagi, Fofo, and Alataua
                counties in the Western district..........
 2124     FL   Destiny Rd Reconstruction, Eatonville......    $1,000,000
 2125     KY   Construct New Technology Triangle Access       $2,000,000
                Road, Campbell County, Kentucky...........
 2126     NY   Town of Wawayanda reconstruction of McVeigh      $400,000
                Road......................................
 2127     VA   Virginia Creeper Trail--trail needs,             $850,000
                including construction of restroom
                facilities at Watauga and Alvarado and
                parking expansion at Watauga..............
 2128       CA Construct grade separation on State College   $14,000,000
                Blvd. at the Burlington Northern Santa Fe
                railroad, Fullerton.......................
 2129     MA   Warren Street--Blue Hill Avenue............    $2,000,000
 2130     FL   Design and construct Dunn Avenue Extension,    $2,000,000
                Volusia County............................
 2131       CA Construct operational and safety               $2,500,000
                improvements to I-880 N at 29th Ave in
                Oakland...................................
 2132     WA   U.S. 395, North Spokane Corridor               $3,300,000
                Improvements..............................
 2133     NY   Route 531 Expansion Spencerport-Brockport,     $7,400,000
                4-lane Highway is a project to extend Rt.
                531.......................................
 2134     OR   Columbia Intermodal Corridor for rail         $11,150,000
                congestion relief, improved intersections
                and access to Interstate-5 for trucks, and
                grade-separate road from rail, Portland...
 2135     OH   Interchange and related road improvements      $3,000,000
                to SR 44 in Painesville, OH...............
 2136     GA   Greene County, Georgia conversion of I-20      $1,200,000
                and Carey Station Road overpass to full
                interchange...............................
 2137     IL   Pioneer Parkway upgrade in Peoria--            $2,000,000
                Extension from Allen Road to Route 91.....
 2138     MS   Construct historic bicycle path, Pascagoula      $150,000
 2139     PA   Crows Run Relocation from SR 65 to Freedom     $2,350,000
                Crider Road...............................
 2140     OH   Replace the Edward N. Waldvogel Viaduct in     $6,000,000
                Cincinnati................................
 2141      NC  Construct I-540 from NC 55 South to NC 55     $11,000,000
                North.....................................
 2142     NY   Roadway, streetscape, pedestrian, and          $4,000,000
                parking improvements to the Buffalo
                Niagara Medical Campus, Buffalo...........
 2143     VA   Upgrade DOT crossing #470515H to constant        $150,000
                warning devices in Halifax................
 2144     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Avoca Borough, Luzerne County..........
 2145     WA   Bridge Modification and Interstate Highway     $4,000,000
                Protection Project, Skagit River, in
                Skagit County.............................
 2146     TN   Construct welcome center, Macon County.....      $200,000
 2147       CA Construction of new roadway lighting on        $1,000,000
                major transportation corridors in the
                Northwest San Fernando Valley.............
 2148     MO   Interchange design and construction for the    $1,000,000
                Main Street Extension at I-55, Cape
                Girardeau County..........................
 2149       CA Replace SR22 interchanges, construct HOV       $6,000,000
                lanes, and lengthen bridges in Garden Gove
 2150     IL   Construct I290, The Village of Oak Park....    $1,000,000
 2151     RI   Rehabilitation of Bridge Number 550 In         $5,500,000
                Pawtucket.................................
 2152     WA   Complete analysis, permitting and right of       $500,000
                way procurement for I-5/SR501 Interchange
                replacement in Ridgefield.................
 2153       CA Design and construct new interchange at        $2,000,000
                Potrero Blvd and State Route 60 in
                Beaumont..................................
 2154     TN   Construction of a pedestrian bridge in         $1,000,000
                Alcoa, TN.................................
 2155     WV   Construct 4 lane improvements on U.S. Route   $14,000,000
                35 in Mason County........................
 2156     OH   Construct Grade Separation at Front Street,      $500,000
                Berea.....................................
 2157       CA Crenshaw Blvd. Rehabilitation, 182nd St.-        $800,000
                190th St.; and Crenshaw Blvd. at 182nd St.
                Fwy on-off Ramp Capacity Enhancement, City
                of Torrance...............................
 2158       CA Construct Interchange at Intersection of SR    $8,000,000
                44 and Stillwater Road....................
 2159     MN   CSAH 61 improvements, City of Coleraine....      $490,000
 2160     KY   Expansion to four lanes of Hwy 55 and Hwy     $10,000,000
                555 Heartland Parkway in Taylor County....
 2161     KS   Interchange improvement at K-7 and 55th St.    $5,000,000
                in Johnson Co.............................
 2162       CA Construct truck lane on Baughman Road from       $550,000
                State Route 78/86 to Forrester Road,
                Westmorland...............................
 2163     AZ   Construct bridges at Aspen St., at Birch       $1,500,000
                St., at Cherry St., at Bonito St., at
                Thorpe St.................................
 2164       CT Construct Putnam curb cuts.................       $50,000
 2165     OH   Canton, OH Cleveland Ave. bridge                 $400,000
                replacement over the Nimishilen Creek.....
 2166     MN   Design and right of way acquisition for I-     $3,000,000
                35 and CSAH2 interchange in Forest Lake,
                MN........................................
 2167     PA   Complete the connection of the American       $10,000,000
                Parkway between the east and west sides of
                the Lehigh River with bridge and
                interchanges..............................
 2168     PA   Design, engineering, ROW acquisition &           $250,000
                construction of street improvements,
                parking & safety enhancements Main &
                Parsonage Streets in Pittston.............
 2169     TX   Grade separation bridges at Wintergreen Rd.    $8,200,000
                and Millers Ferry Rd. in Hutchins and
                Pleasant Run Rd. and Millers Ferry Rd. in
                Wilmer....................................
 2170     GA   I-20 HOV lanes from Evans Mill Road to         $1,500,000
                Salem Road, Dekalb and Rockdale Counties..
 2171     NV   Improve Las Vegas Beltway-Airport Connector    $4,000,000
                Interchange...............................
 2172       CA Oregon-Page Mill expressway Improvements       $4,000,000
                between US101 and SR 82, Palo Alto........
 2173     MA   Design and construct the Quinebaug River       $1,000,000
                Rail Trail Bikeway........................
 2174       CA Park Boulevard-Harbor Drive Rail Grade         $1,000,000
                Separation, San Diego.....................
 2175     MN   Paul Bunyan Trail, Walker to Bemidji             $700,000
                segment...................................
 2176       CA Construct road surface improvements, and       $1,400,000
                improve road safety from Brawley Water
                plant to HWY 86 to 9th Street to 18th
                Street, Brawley...........................
 2177     TX   Improvements to FM 1017 in Hebbronville....      $500,000
 2178       CA Alameda Corridor East Gateway to America      $15,500,000
                Trade Corridor Project, Highway-Railgrade
                separation along 35 mile corridor from
                Alameda Corridor (Hobart Junction) to Los
                Angeles/San Bernardino County Line........
 2179     GA   Phase III Streetscape-Columbus.............    $1,000,000
 2180     IL   Pre-construction and construction IL 15        $6,960,000
                over Wabash River at Mt. Carmel...........
 2181     NY   Queens and Brooklyn County Graffiti            $4,000,000
                Elimination Program including Kings
                Highway from Ocean Parkway to McDonald
                Avenue....................................
 2182     IA   Improvements at the IA 146 and I 80            $1,000,000
                interchange, Grinnell.....................
 2183     TX   Construct Grade separation at US 277 in        $5,000,000
                Eagle Pass................................
 2184     LA   Plan, design, land acquisition, and            $2,750,000
                construction for improved access to I-10
                and US61/River Road in St. John the
                Baptist and in Ascension Parish on the
                LA22 Corridor.............................
 2185     KS   Construction of a two-lane on a four-lane     $12,800,000
                right of way bypass with controlled access
                on US-400 at Dodge City...................
 2186     MN   Reconstruct CR 203 between US 10 and CSAH        $336,000
                1, Morrison County........................
 2187     NY   Reconstruction of York Street Industrial       $3,500,000
                Corridor Project, Auburn, NY..............
 2188     NY   Construction of and improvements to Route      $1,000,000
                62 in the Village of Hamburg..............
 2189     IN   Downtown road improvements, Indianapolis...   $10,000,000
 2190     AL   Construct pedestrian urban-edge riverwalk        $500,000
                in Montgomery, AL.........................
 2191     PA   Johnstown, Pennsylvania, West End bypass       $5,000,000
                safety improvements.......................
 2192       CA Construction of traffic and pedestrian         $2,000,000
                safety improvements in Yucca Valley.......
 2193       CA 710 Freeway Study to Evaluate Technical        $3,000,000
                Feasibility and Impacts of a Tunnel
                Alternative to Close 710 Freeway Gap......
 2194       CA Greenleaf Right of Way Community               $3,000,000
                Enhancement Project-design and construct
                bikeways, pedestrian walkways and upgrade
                signalization Compton.....................
 2195     KY   Improve Prospect Street Pedestrian Access,     $2,750,000
                Berea.....................................
 2196     OH   Construct Crocker Stearns Connection, North      $700,000
                Olmsted and Westlake......................
 2197     NY   Construction of and improvements to Seneca       $600,000
                Street in Buffalo.........................
 2198       CA Avalon Boulevard/I-405 Interchange             $4,000,000
                modification project, Carson..............
 2199     IL   Construct Illinois Route 336 from Macomb to    $2,000,000
                Peoria....................................
 2200      NC  North Carolina. Pack Square Pedestrian and     $4,000,000
                Roadway Improvements, Asheville...........
 2201     PA   Provide pedestrian and water access to         $1,100,000
                Convention Center from surrounding
                neighborhoods.............................
 2202     NY   Reconstruction of Times and Duffy Squares      $1,500,000
                in New York City..........................
 2203     LA   Construction of I-10 Access Road (Crowley).    $1,100,000
 2204     NY   Repaving of I-86 in towns of Coldspring,      $10,000,000
                Randolph, Allegany, and Olean; City of
                Olean; Village of Randolph in Cattaraugus
                County....................................
 2205     PA   Replace Bridge, S.R. 106, Tunkhannock Creek      $800,000
                Bridge 2, Clifford Township, Susquehanna
                County....................................
 2206     NJ   Replace Route 7-Wittpen Bridge, Hudson         $1,000,000
                County....................................
 2207     MN   Right-of-Way acquisition for 8th Street        $4,000,000
                North & Pinecone Road.....................
 2208     IL   For Village of Lemont to modernize and           $350,000
                improve the intersection of McCarthy Road,
                Derby Road, and Archer Avenue.............
 2209       CA Construct I-80 HOV lanes and interchange in    $1,000,000
                Vallejo...................................
 2210     PA   Rail Crossing signalization upgrade, East        $206,300
                Wesner Road, Maidencreek Twp, Berks County
 2211     OH   Construct road projects and transportation     $4,480,000
                enhancements as part of RiverScape Phase
                III, Montgomery County, Ohio..............
 2212     TN   Riverside Drive Cobblestone Restoration and    $1,000,000
                Walkway, Memphis..........................
 2213     TX   Road grade separation at Fairmont Parkway      $5,000,000
                over Southern Pacific Railroad............
 2214     PA   Construct additional northbound lane on Rte    $1,650,000
                28 between Harmar and Creighton
                Interchange...............................
 2215     NJ   Roadway and intersection modifications on      $1,000,000
                New Jersey Route 82.......................
 2216     OH   Jackson Township, Ohio. Intersection           $2,000,000
                improvements at Fulton Dr. and Wales......
 2217     GA   Rockdale County Veteran's Park-- create          $500,000
                park trails...............................
 2218     MA   Construct the Blackstone River Bikeway and     $2,000,000
                Worcester Bikeway Pavilion between
                Providence, RI and Worcester, MA..........
 2219     OH   Improvements to SR 91 in City of Twinsburg,    $1,950,000
                OH........................................
 2220     TX   Completion of US 77 relief route around        $2,000,000
                City of Robstown..........................
 2221     NY   Improve Maple Avenue, Smithtown............    $1,000,000
 2222     HI   Replace and Rehabilitate Kamehameha Highway    $1,000,000
                Bridges, Island of Oahu...................
 2223     TX   SH71 from W of FM 20 to Loop 150, Bastrop      $2,000,000
                County....................................
 2224     IN   Construct US 31 Plymouth to South Bend         $8,000,000
                Freeway Project in Marshall and St. Joseph
                Counties, Indiana.........................
 2225     LA   Plan and develop a four-lane roadway,            $200,000
                Jeanerette to US 90 connection............
 2226     LA   Construct I-12 and LA 1088 Interchange.....    $3,000,000
 2227       CA 4 lane widening/safety improvements on         $3,660,000
                State Route 25 from Hollister to Gilroy...
 2228     NY   Comprehensive traffic congestion mitigation      $750,000
                study of Hauppauge Industrial Park and
                surrounding area..........................
 2229     NY   Develop an identity and signage program for    $1,000,000
                the Erie Canalway National Heritage
                Corridor..................................
 2230       CO Dillon Drive Overpass at Interstate 25 in      $4,000,000
                Pueblo....................................
 2231     NY   Improvements at highway-rail crossings         $1,000,000
                along the Southern Tier Extension Railroad
                in Allegany, Cattaraugus, and Steuben
                Counties..................................
 2232     FL   Depot Ave. Enhancements, Gainesville.......    $6,000,000
 2233       CA Interstate 15 and Winchester Road              $1,000,000
                Interchange Project.......................
 2234     PA   Construct the Eastern Inner Loop in Centre     $1,000,000
                County around State College, PA...........
 2235     NJ   Streetscape Improvements along Berlin Road     $1,000,000
                between Gibbsboro Road and White Horse
                Road in Lindenwold Borough................
 2236     FL   Conduct planning and engineering for SR 70     $2,000,000
                widening in Hardee, DeSoto and Okeechobee.
 2237     GA   Streetscape-Albany.........................      $500,000
 2238     GA   Streetscape-Richland.......................      $200,000
 2239     MO   Construct four lanes for Route 5 in Camden    $10,000,000
                County....................................
 2240     IL   Improve Cottage Grove intersection, South      $1,000,000
                Chicago Avenue and 71st Street............
 2241     NY   Study, design and reconstruction of            $1,000,000
                pedestrian walkways, the Bronx............
 2242     MS   Upgrade roads in Anguilla and Rolling Fork,      $750,000
                Sharkey County............................
 2243     TX   For center to center communication link        $1,000,000
                between highway traffic transportation
                management centers........................
 2244     OH   Upgrade the interchange of Interstates 270     $2,000,000
                and 71 in Franklin County, Ohio...........
 2245       CA US 101 Corridor Improvements--Route 280 to     $5,000,000
                the Capitol-Yerba Buena Interchange.......
 2246       CA Rancho Vista Blvd Widening Project.........    $3,000,000
 2247     NJ   Newark Access Variable Message Signage           $500,000
                System....................................
 2248     IA   Construct SW Connector, West Des Moines....    $2,000,000
 2249     IA   US 30 reconstruction, near Tama............    $4,000,000
 2250     GA   Construction of interchange on I-985 north     $5,000,000
                of SR-13, Hall County, Georgia............
 2251     MI   Marquette County, Realignment of 3200 feet       $500,000
                of County Road 492 from US-41 north to
                County Road HD............................
 2252     WI   Realign USH 8 near Cameron, Barron County..    $2,000,000
 2253     PA   Restoration of PA422, in Berks County,         $1,000,000
                including slab repair and diamond grinding
 2254       CA Monte Vista Avenue Grade Separation,           $2,000,000
                Montclair, California.....................
 2255     NY   Deploy intermodal chassis ITS project in       $2,000,000
                New York..................................
 2256     NY   Reconstruction of Route 590 in the Town of     $5,000,000
                Irondequoit, NY...........................
 2257     NY   Design and Construction of Downtown            $2,000,000
                Jamestown Connector Trail.................
 2258     LA   Further construction to improve draining at    $3,300,000
                Clearview Parkway (LA 3152) and Earhart
                Expressway (LA 3139)......................
 2259     MI   Houghton County, Rehabilitate 2 piers and        $270,000
                remove old bridge caissons for Sturgeon
                River Bridge..............................
 2260     AK   Make necessary improvements to Indian River    $2,000,000
                Road in City and Borough of Sitka.........
 2261     MN   Reconstruct CSAH 61 from Barnum to TH 210      $1,680,000
                at Carlton, and improve Munger Trail......
 2262     TX   Build I-30 Trinity River Bridge, Dallas,       $1,000,000
                Texas.....................................
 2263     AK   Realign rail track to eliminate highway-       $5,000,000
                rail crossings and improve highway safety
                and transit times.........................
 2264     MS   Relocate SR 44 from SR 198 to Pierce Road,     $3,500,000
                Columbia..................................
 2265     AL   Interstate 565 west extension towards          $2,000,000
                Decatur...................................
 2266     MO   Roadway Improvements on Rte. 21 from Hayden    $5,000,000
                Road to Lake Lorraine.....................
 2267     IL   Halsted Bridge over North Branch Canal           $600,000
                Reconstruction, City of Chicago...........
 2268     VA   Town of Pound Riverwalk--construction of         $100,000
                pedestrian riverwalk in Town of Pound.....
 2269     IL   US 67 west of Jacksonville, IL Bypass to       $2,000,000
                east of IL 100............................
 2270     NY   Village of Wappingers Falls North Mesier         $750,000
                Ave.......................................
 2271     AR   War Eagle Bridge Rehabilitation--Benton          $640,000
                County, Arkansas..........................
 2272     WI   Build additional staircases, landscape, and      $800,000
                other improvements to the municipal bridge
                at the Holton St. Viaduct in Milwaukee....
 2273     TN   Washington County, Tennessee SR-36 widening    $1,000,000
 2274     MI   Westland, Ann Arbor Trail between              $3,150,000
                Farmington and Merriman...................
 2275     MI   White Lake, pave Cooley Lake Road Between        $500,000
                Hix and Newburgh Roads....................
 2276     GA   Bridge replacement on County Road 183-FAS        $425,000
                Route 1509, Peach County..................
 2277      NC  I40 I-77 Interchange in Iredell County, NC.    $4,000,000
 2278       CA Construct safe routes to school in             $1,000,000
                Cherryland and Ashland....................
 2279       CA Install Central Ave Historic Corridor          $2,000,000
                comprehensive streetscape improvements
                thus improving traffic, ped safety, and
                economic development, Los Angeles.........
 2280     VA   Whitetop Station--completion of renovation       $100,000
                of Whitetop Station (which serves as
                trailhead facility) including construction
                of trail..................................
 2281       CT Make Improvements to Montville-Preston         $3,000,000
                Mohegan Bridge............................
 2282     IL   Widen and improve Pulaski Road, Alsip......      $700,000
 2283     AK   For Completion of the Shotgun Cove Road,       $4,000,000
                from Whittier, Alaska to the area of
                Decision Point, Alaska....................
 2284     NY   Study and Implement Intelligent                $1,000,000
                Transportation System Sensor Technology to
                Improve Safety at Bridges and Tunnels in
                Metropolitan New York City................
 2285     NY   Warburton Avenue Bridge over Factory Lane,     $1,000,000
                Hastings-on-Hudson, New York..............
 2286     NY   Improve intersection of Old Dock and Church      $500,000
                Street, Kings Park........................
 2287     TN   Widen and improve State Route 33, Knox         $6,500,000
                County, Tennessee.........................
 2288       CA Reconstruct Paramount Bl. with medians and     $1,350,000
                improve drainage from north border to
                south border of city in Lakewood..........
 2289     NY   Upgrade Metro North stations in the Bronx      $3,000,000
                and construct station at Yankee Stadium...
 2290     OH   Construct the existing industrial park road    $4,100,000
                from local to state standards near Cadiz..
 2291     LA   Upgrade LA 28 to four lanes from LA 121 to     $2,000,000
                LA 465....................................
 2292     NY   Reconstruction of Historic Eastern Parkway.    $2,400,000
 2293       CA Widen and make ITS improvements on             $1,000,000
                Paramount Blvd between Telegraph Rd and
                Gardendale St in Downey...................
 2294     VA   Conduct planning and engineering for           $3,000,000
                Hampton Roads Third Crossing and
                Interconnected Roadways...................
 2295     IL   Widen Annie Glidden Road to five lanes with    $4,000,000
                intersection improvements. DeKalb, IL.....
 2296       CA Widen California State Route 132 from         $18,000,000
                California State Route 99 west to Dakota
                Avenue....................................
 2297      NC  Widen Derita Road from Poplar Tent Road in     $2,000,000
                Concord to the Cabarrus Mecklenburg County
                line......................................
 2298     TX   Widen from 4 to 6 lanes Interstate 35 East     $6,000,000
                from Lake Lewisville to Loop 288..........
 2299       CA Widen Haskell Avenue between Chase St. and       $200,000
                Roscoe Blvd...............................
 2300     TX   Widen Hempstead Highway from 12th Street to    $1,000,000
                Washington Avenue from four lanes to six
                lanes.....................................
 2301     NH   Reconstruction and relocation of the             $500,000
                intersection of Maple Avenue and
                Charleston Road in Claremont..............
 2302     OH   Construct highway-rail crossing safety           $300,000
                upgrades at 3 grade crossings in Madison
                Village, OH...............................
 2303     WA   Rebuild Yakima Valley Highway within city      $1,600,000
                limits of Sunnyside, WA...................
 2304     NY   Implement Improvements for Pedestrian          $1,000,000
                Safety in New York County.................
 2305     NY   Construction of and improvements to Main         $400,000
                Street in the Town of Eden................
 2306     GA   SR 85 widening from Adams DR to I-75 and       $1,500,000
                reconstruct the Forest Parkway
                interchange, Clayton County...............
 2307     GA   Jogging, and Bicycle Trails around CSU,          $500,000
                Columbus..................................
 2308     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Throop Borough, Lackawanna County......
 2309     IL   Reconstruct Winter Ave, existing 1 lane RR     $5,400,000
                subway, and 1 lane bridge to provide
                access to Winter Park in Danville.........
 2310     OR   Construct highway and pedestrian access to     $9,000,000
                Macadam Ave and street improvements as
                part of the South Waterfront development,
                Portland..................................
 2311     TX   Relocation of 10th Street near McAllen-          $750,000
                Miller International Airport..............
 2312     IL   Construct pedestrian tunnel at railroad        $1,000,000
                crossing in Winfield, IL..................
 2313     IN   Construct Margaret Avenue Safety and           $3,000,000
                Capacity Enhancement Project..............
 2314     TX   Construct Loop 574 from BU77 to I-35 in        $2,000,000
                McLennan Co...............................
 2315     NY   Construction of a bicycle/pedestrian off       $2,300,000
                road scenic pathway from the Niagara Falls
                City Line to the southerly Lewiston Town/
                Village Line along the Niagara Gorge, Town
                of Lewiston, Village of Lewi..............
 2316     FL   Construct new bridge from West--Florida        $5,000,000
                Turnpike to CR 714 to 36th Street--Cross
                S. Fork of St. Lucie River--Indian Street
                to US 1 on east side......................
 2317     WI   Recondition STH 16 from Columbus to STH 26     $4,000,000
                (Dodge County, Wisconsin).................
 2318     VI   Christiansted By-Pass Highway, St. Croix...    $8,000,000
 2319     NY   Riverwalk in Irvington development.........      $200,000
 2320     OH   Road resurfacing and improvements in the         $700,000
                Village of Bentleyville, OH...............
 2321     PA   Improvements to Stella Street rail-highway       $750,000
                crossing in Wormleysburg, PA..............
 2322       CT Construct Entrance Ramp at Route 8 Exit 11,    $1,000,000
                Shelton, CT...............................
 2323     AL   Pedestrian Improvements for Leeds, AL......      $100,000
 2324     WA   Federal Way Triangle--Conduct final            $2,000,000
                engineering work for the reconstruction of
                the I-5--SR 18 interchange................
 2325     MI   Garden City, Reconstruct Maplewood between     $1,225,000
                Inkster and Merriman......................
 2326     OR   Lake Road Reconstruction and Safety            $2,850,000
                Improvements, Milwaukie...................
 2327     NY   Resurface Grade Crossing at Old State Road.      $250,000
 2328     MN   Construction of Cedar Avenue Busway, MN....    $6,000,000
 2329     IL   Resurfacing of approx 30 miles of roadway      $7,000,000
                in Village of Oak Lawn....................
 2330     GA   Streetscape-Thomasville....................      $300,000
 2331     PR   To build the missing central segment of PR-    $5,000,000
                10, to complete one of only two highways
                crossing Puerto Rico North to South.......
 2332     PA   To enhance existing directional markers &        $500,000
                increase wayfinding signage infrastructure
                in Monroe County..........................
 2333       CA Construct and repair lining in four tunnels    $3,000,000
                on Kanan, Kanan Dume, and Malibu Canyon
                Roads between US 1 and US 101.............
 2334     GA   Sidewalk revitalization project in downtown      $500,000
                Eastman...................................
 2335     TX   Port of Corpus Christi Up River Road for         $500,000
                upgrade of roadway to and from docks & IH
                37........................................
 2336     GA   Construct US 411 Connector from US 41 to I-   $21,350,000
                75, Bartow County, Georgia................
 2337     NY   Construction of US Route 219 Expressway:       $8,000,000
                Sections V and VI.........................
 2338     PA   Engineering, design and construction of an     $2,000,000
                extension of Park Avenue north to Lakemont
                Park in Altoona...........................
 2339     MN   Reconstruct I-35E from I-94 to Maryland        $3,500,000
                Avenue in St. Paul........................
 2340       CA Construct truck ramp linking Interstate 5      $1,500,000
                to the National City Marine Cargo
                Terminal, National City...................
 2341     GA   Reconstruct the interchange at Interstate      $1,806,000
                185 and Victory Drive (SR 520), Columbus,
                GA Victory Drive (SR 520), Columbus, GA...
 2342     OH   Streetscaping, bicycle trails, and related     $3,500,000
                improvements to the I-90--SR 615
                Interchange in Mentor, OH.................
 2343     IN   Preliminary engineering, right-of-way, and    $10,000,000
                construction for Perimeter Parkway-West
                Lafayette/Purdue University, Indiana......
 2344     TN   Reconstruct Interchange 55 at Mallory          $1,000,000
                Avenue, Memphis, Shelby County............
 2345       CA Upgrade first responders signal pre-emption       $32,000
                hardware, Culver City.....................
 2346     IN   Construction of Maplecrest Rd Extension--     $11,000,000
                Allen County, Indiana.....................
 2347     MS   Upgrade roads in Arcola, Greenville, and       $1,750,000
                Hollandale (U.S. Highway 61 and 18),
                Washington County.........................
 2348     MS   Canal Road Intermodal Connector, Gulfport..    $5,000,000
 2349     PR   Construction of community bridge for Los         $500,000
                Navarros Sector, Quebrada Arenas Community
 2350     NY   Construct the Auburn Connector Road            $1,000,000
                Corridor, Auburn, NY......................
 2351     MA   Engineering and construction of Blackstone     $6,400,000
                Valley Visitors Center at intersection of
                State Route 146 and Millbury Street,
                Worcester.................................
 2352       CA Improve I-8 off ramp to the Desert Farming     $1,000,000
                Institute, Imperial County................
 2353     KS   Construct bike and pedestrian path along K-      $500,000
                10 between Douglas and Johnson Counties...
 2354     HI   Construct Bike Lanes on Kalanianaole             $300,000
                Highway, vicinity of Makapuu to Keolu
                Drive.....................................
 2355     TX   Donna/Rio Bravo International Bridge.......    $2,000,000
 2356     IL   Improve Sheridan Road, Evanston............    $2,000,000
 2357     MD   Intercounty Connector......................    $4,000,000
 2358     MI   Resurfacing of Ten Mile Road in St. Clair        $896,000
                Shores....................................
 2359     NY   Conduct studies to consider transportation     $1,000,000
                planning and community involvement for
                infrastructure projects that address
                congestion relief in New York City........
 2360     MO   Construct an extension of MO 740 from U.S.     $2,500,000
                63 to the 1-70 Lake of the Woods
                Interchange...............................
 2361     LA   Improvements for LA 1148 in Iberville          $4,000,000
                Parish; and LA/ I-10 Connector Study; and
                improvements to LA 10/Zachary Taylor
                Parkway...................................
 2362     NY   Monroe County ITS project..................      $900,000
 2363     MO   Roadway improvement on I-44 in Phelps          $1,000,000
                County Missouri...........................
 2364     MA   Rt 128/95 ramp Northbound to Kendrick          $2,000,000
                Street, Needham...........................
 2365     IN   Realign State Road 312, Hammond............    $4,162,891
 2366     PA   Design, engineering, ROW acquisition &           $250,000
                construction of surface improvements to
                the area adjacent to Exit 168 of
                Interstate 81 at the Wachovia Arena in
                Wilkes-Barre Township.....................
 2367     GA   SR 92 relocation from Durelee Road to SR 92    $8,000,000
                at Malone, including grade separation,
                Douglas County, Georgia...................
 2368     IN   Construct I-69 Evansville to Indianapolis,    $14,000,000
                Indiana...................................
 2369       CA Construct fourth bore of Caldecott Tunnel      $1,000,000
                on SR 24, California......................
 2370     TN   Construct interchange on I-40 in Wilson        $1,000,000
                County....................................
 2371     IN   Construct service road parallel to I-69 in     $3,000,000
                the City of Anderson, Indiana.............
 2372     NY   Croton-on-Hudson, NY Restoration of Van        $2,500,000
                Cortlandt Manor entrance road.............
 2373     OH   Construction and repair of pedestrian            $289,000
                walkways along Lake Shore Blvd. in
                Lakeline Village, OH......................
 2374     MD   Reconstruct MD 32 from MD 108 to I-70 in       $2,000,000
                Howard County.............................
 2375     NY   Reconstruct Streets and Sidewalks in Middle    $1,000,000
                Village...................................
 2376     MI   Reconstruct two bridges over Black Creek         $712,500
                Drain in Sanilac County...................
 2377     FL   Construction of Little Venice Road,            $1,000,000
                Marathon, FL..............................
 2378       CA Make traffic and safety improvements to          $500,000
                Atlantic Blvd in Maywood..................
 2379     MN   Stearns County Bridge no. 73501                  $400,000
                Improvements..............................
 2380     LA   Construct LA 16 Interchange at I-12 and       $13,000,000
                improvements, and Cook Road improvements..
 2381     MO   Reconstruct Highway 60 and Highway 65          $2,000,000
                Interchange...............................
 2382       CO I-70, Havana, Yosemite Street Interchange      $1,500,000
                Reconstruction Project, Denver............
 2383       CO Reconstruct C470-US85 Interchange..........    $4,000,000
 2384     VA   Reconstruction of the entranceway to           $1,000,000
                Montpelier on Orange County, Virginia.....
 2385     TN   Construct and widen underpass at                 $494,300
                intersection of Boydstation, Harvey, and
                McFee Roads, Knox County, TN..............
 2386     GA   Extend sidewalks, upgrade landscaping in         $500,000
                downtown Hawkinsville.....................
 2387     OH   Conduct Sarah St along SR 18 and 101           $2,600,000
                enhancement project to calm traffic in the
                City of Tiffin............................
 2388     LA   Improvements to Zachary Taylor Parkway.....    $2,000,000
 2389       CA Las Tunas Drive Pedestrian Enhancement, San      $150,000
                Gabriel...................................
 2390     OH   Reconstruction, widening, and bicycle          $3,000,000
                improvements to Pettibone Road in the City
                of Solon, OH..............................
 2391     NH   Replacement of Ash Street and Pillsbury        $1,400,000
                Road Bridge...............................
 2392     PA   Swamp Road Corridor Safety and Roadway         $1,000,000
                Improvements, Bucks County................
 2393     FL   Construct St. Augustine to Palatka Rail        $2,900,000
                Trail, Florida............................
 2394     IL   Construction of a traffic circle to reduce     $2,000,000
                traffic congestion, Museum Campus Chicago.
 2395     AL   Pedestrian Improvements for Gardendale, AL.      $100,000
 2396     PA   Extension of Second Street from Race to the    $1,100,000
                intersection of Lehigh and Poplar Street
                in the Borough of Catasauqua..............
 2397     NE   Cuming Street Transportation Improvement       $4,000,000
                Project, Omaha, Nebraska..................
 2398     TN   Construct State Route 1 (US-70) to a four     $11,500,000
                lane divided highway on new alignment from
                Centertown to McMinnville in Warren County
 2399       CA Improve access to I-80 at Eureka Road          $2,000,000
                Interchange...............................
 2400     LA   Expand existing South Central Planning and     $1,800,000
                Development Commission Intelligent
                Transportation System program in Houma-
                Thibodaux area by installing signals,
                sensors and systems.......................
 2401     IL   Install traffic control devices on traffic       $240,000
                signals in Village of Oak Lawn............
 2402       CA Interstate 15, California Oaks Road            $2,000,000
                Interchange Project.......................
 2403     TX   Choate Road overpass to eliminate at-grade     $9,800,000
                intersection between Choate Rd and SH146..
 2404     OH   Construction of I-75 Austin Road               $7,500,000
                Interchange, Montgomery County, Ohio......
 2405       CA Acquire lands adjacent to US 101 as part of      $250,000
                Southern Santa Clara County Wildlife
                Corridor Protection and Scenic Enhancement
                Project...................................
 2406     TX   Construct US Business 287 through the          $7,000,000
                Trinity Uptown Project from 7th St. NE to
                11th St. NE in Fort Worth.................
 2407     KS   Construct K-10 and Lone Elm Road               $5,000,000
                interchange, Lenexa.......................
 2408     OH   Construct connector road between SR 79 and     $5,000,000
                Thornwood Drive in Licking County.........
 2409     NH   Construct Pedestrian, Bicycle bridge in          $800,000
                Keene.....................................
 2410     FL   Coral Way, SR 972 Highway Beautification,      $1,000,000
                Phase One, Miami, Florida.................
 2411     TN   Develop historic preservation                    $135,000
                transportation enhancement project, Sumner
                Co. and surrounding counties..............
 2412     NY   Develop terminal facilities for water taxi     $3,000,000
                projects in New York City.................
 2413     WI   Expand USH 151 between Dickeyville and         $2,000,000
                Belmont...................................
 2414     NY   Improve bicycle and pedestrian safety,           $300,000
                NY25, Jamesport...........................
 2415     PA   PA Route 183 widening and ramp enhancement,    $1,600,000
                Bern Township.............................
 2416     IN   Reconstruct Hoosier Heartland Highway,           $750,000
                Wabash, Huntington and Miami County
                Indiana segments..........................
 2417     GA   Replace sidewalks, upgrade lighting, and         $500,000
                install landscaping, Soperton.............
 2418     LA   Lafayette, LA Implementation of Intelligent   $11,000,000
                Transportation System.....................
 2419     NY   Conduct improvements to I87--Exit 18           $2,500,000
                Interchange...............................
 2420     IL   To construct an extension of US-51 from .9     $2,000,000
                miles south of Moweaqua to 4.6 miles south
                of Moweaqua...............................
 2421     IL   Upgrade roads, The Village of Hillside.....    $1,000,000
 2422     MS   Upgrade safety devices at Front Street rail       $50,000
                crossing, Ellisville......................
 2423       CO US 287--Ports-to-Plains Corridor in            $3,000,000
                Colorado..................................
 2424     OH   Deconstruct the Bellaire Highway Bridge        $1,700,000
                which connects Bellaire, Ohio and Benwood,
                WV........................................
 2425     VA   Construct I-95 Interchange at Temple Ave,      $5,000,000
                Colonial Heights..........................
 2426     KS   Route designation, environmental clearance,    $4,000,000
                final design and right-of-way acquisition
                for Crawford County, KS corridor of U.S.
                Highway 69................................
 2427       CA US-395 Realignment and Widening Project....      $500,000
 2428     IL   To connect about a two-mile segment through    $1,500,000
                Collinsville at two or three lanes........
 2429     IL   Construct Parking Facility and pedestrian        $200,000
                walkways at 94th and S. Oak Park Ave, Oak
                Lawn......................................
 2430     UT   I-15 Freeway Reconstruction--Springville       $4,500,000
                200 South Interchange.....................
 2431     MA   Washington St. from High St. to Water St.,     $2,000,000
                Walpole...................................
 2432     VA   White's Mill Trail and Renovation--design        $500,000
                and construction of recreational trail and
                preservation of watermill for use as
                visitors center...........................
 2433       CA Implement San Francisco Street Improvements    $8,000,000
                Program...................................
 2434     MA   Design, engineering and construction of        $1,000,000
                Methuen Rotary alternative at I-93 and
                Routes 110 and 113, Methuen...............
 2435     IL   Improve Mill Street, Rock Island...........      $500,000
 2436     PA   For the Nanticoke City Redevelopment           $7,000,000
                Authority to design, acquire land, and
                construct a parking garage, streetscapping
                enhancements, paving, lighting & safety
                improvements, & roadway redesign in Nanti.
 2437     MI   Widen and reconstruct Walton Boulevard         $5,000,000
                Bridge in Auburn Hills between Opdyke and
                Squirrel Road.............................
 2438     OR   Widen Delaura Beach Lane and add a bike          $150,000
                lane both directions, Warrenton...........
 2439     MA   Design and construct the 3\1/2\ mile long        $700,000
                Grand Trunk Trail bikeway from Sturbridge
                to Southbridge............................
 2440     TN   Develop trails, bike paths and recreational      $250,000
                facilities on the Crest of Black Mountain,
                Cumberland County for Cumberland Trail
                State Park................................
 2441     NY   Study and Improve Traffic Flow Improvement     $3,000,000
                at Atlantic Yard/ NETS Arena Development..
 2442     MD   Upgrade and widen MD237 from Pegg Road to     $10,000,000
                MD235.....................................
 2443     PA   Main Street improvements from Broad Street       $700,000
                to Richardson Avenue and Main Street to
                Madison Avenue, Borough of Lansdale.......
 2444       CA Widen Highway 101 in Marin and Sonoma         $15,000,000
                Counties from Hwy 37 in Novato to Old
                Redwood Highway in Petaluma...............
 2445     NY   Road and pedestrian safety improvements        $1,400,000
                Main Street, Village of Patchogue.........
 2446     UT   Widen Highway 92 from Lehi to Highland.....    $5,000,000
 2447     AZ   Widen I-10 to 3 lanes in each direction        $1,700,000
                north of Tucson from Marana Interchange to
                Cortato Interchange.......................
 2448       CA Widen I-238 between I-580 & I-880 in           $1,000,000
                Alameda County............................
 2449     VA   Widen I-66 westbound inside the Capital        $7,000,000
                Beltway from the Rosslyn Tunnel to the
                Dulles Connector Road.....................
 2450      NC  Construction of I-74 between I-40 and US       $5,000,000
                220, High Point, North Carolina...........
 2451     MD   Widen I-695, Baltimore Beltway, Southwest..    $3,000,000
 2452     GA   Replace sidewalks, upgrade lighting in           $500,000
                downtown Vidalia..........................
 2453     MN   Construct bicycle and pedestrian trails in       $700,000
                Cuyuna Recreation Area....................
 2454     HI   Construct Kapaa Bypass.....................    $3,000,000
 2455     FL   Temple Terrace Highway Modification........    $3,000,000
 2456     TN   Widen Interstate 240 from Poplar Avenue (SR-   $1,000,000
                57) to near Walnut Grove Road (SR-23) East
                of Memphis, Shelby County.................
 2457     IL   For the Village of Woodridge to resurface        $100,000
                Internationale Parkway....................
 2458     OR   I-5 Trade Corridor, Portland, Oregon to        $5,700,000
                Vancouver, Washington segment.............
 2459     GA   Streetscape, Pedestrian Improvements in        $5,000,000
                City Center, City of Clarkston............
 2460     KY   Widen KY 1991 from Maysville Road to           $1,250,000
                Midland Trail Industrial Park, Montgomery
                County....................................
 2461      NC  Construct new Route from Beach Drive (SR       $4,000,000
                1104) to NC 211 in Brunswick County.......
 2462     NJ   International Trade and Logistics Center       $1,000,000
                Roadway Improvements at Exit 12 of the New
                Jersey Turnpike, Carteret.................
 2463     IL   Interstate 41 and Route 176 Interchange          $500,000
                replacement...............................
 2464     MA   Northern Avenue Bridge rehabilitation,         $3,000,000
                Boston....................................
 2465     AK   Planning, design, and construction of Knik     $3,000,000
                Arm Bridge................................
 2466     IN   North Calumet Avenue Improvements,             $1,200,000
                Valparaiso................................
 2467     OR   I-205-Highway 213 interchange improvements.    $1,000,000
 2468     TN   Improving Vehicle Efficiencies at highway         $57,000
                At-Grade Railroad Crossing in Loudon, TN..
 2469     AZ   Construct I 10 Collector Distributor           $4,000,000
                Roadway from 40th Street to Baseline,
                Maricopa County, Arizona..................
 2470     LA   Improvements to LA 42 in Ascension Parish;    $10,000,000
                and LA 73 improvements in Ascension Parish
 2471     MN   Construct Paul Bunyan trail from                 $775,000
                Mississippi River Bridge Trail to Crow
                Wing State Park...........................
 2472     MN   Construct Mesabi Trail from Grand Rapids to    $2,700,000
                City of Ely...............................
 2473     GA   Install sidewalks on Highway 23 from Dykes       $300,000
                Street to Sarah Street, Cochran...........
 2474     AK   Kodiak, AK Construction of AMHW ferry          $7,500,000
                terminal and approach.....................
 2475     OK   Reconstruction of SH66 from Craig and          $1,000,000
                Rogers Counties to SH66 and US60
                intersection..............................
 2476       CA Enhance pedestrian environment and increase    $2,000,000
                safety along Olympic Blvd between Vermont
                and Western Avenues, Los Angeles..........
 2477     NY   Enhancement of the Michigan Avenue             $2,000,000
                Corridor, Buffalo.........................
 2478     NJ   Kapkowski Road Area Improvements in            $4,500,000
                Elizabeth.................................
 2479       CA Construct landscape medians along Skyline      $1,000,000
                Drive from Sears Avenue to 58th Street,
                San Diego.................................
 2480     NY   Jamaica Air Train Station Area                 $5,000,000
                Infrastructure Improvements...............
 2481     MO   Construct Highway 465 to Highway 376 south     $6,000,000
                from HWY 76 to HWY 376....................
 2482     WA   New Country Road on Whidbey Island.........    $1,200,000
 2483     NM   Chaco Wash Bridge and Road Improvements on     $2,000,000
                Navajo Route 46...........................
 2484       CA Reconstruct Interstate 880-Route 92            $1,750,000
                interchange in Hayward....................
 2485     MA   Relocate Rt. 79 in Fall River to create 4-     $5,000,000
                lane urban boulevard with landscaped
                median and developable waterfront.........
 2486     IL   Road extension for Highway 22 in Macon           $668,000
                County, IL................................
 2487     NY   Portageville Bridge--purchase existing         $1,500,000
                bridge to convert to pedestrian bridge....
 2488     PA   Rt. 422 complete preliminary engineering       $3,000,000
                and four lane expansion from Ebensburg to
                Kittanning................................
 2489       CA Upgrade essential road arterials,              $2,000,000
                connectors, bridges and other road
                infrastructure improvements in the Town of
                Desert Hot Springs, CA....................
 2490     KY   Construct the Heartland Parkway in Adair       $1,200,000
                County....................................
 2491     NV   Horse-US-95 Interchange Project............    $6,000,000
 2492       CT Make Improvements to Plainfield Moosup Pond      $300,000
                Road......................................
 2493     FL   Construction design ROW US 27 from SR 540     $10,000,000
                to SR 544 & from I-4 to US 192 in Polk
                County, FL................................
 2494     IA   Construction of approaches and viaduct on      $1,600,000
                Edgewood Rd SW over the UP Railroad,
                Prairie Creek, and the CRANDIC railroad...
 2495     NJ   Construct Hackensack River Walkway in          $2,000,000
                Bergen County.............................
 2496     TX   Hwy 80/123 Overpass at Hwy 181 in Karnes         $300,000
                County....................................
 2497     NM   Improvements to U.S. Highway 87 from           $2,000,000
                Clayton, NM to Raton, NM..................
 2498     VA   Route 11 Interchange improvements in           $1,000,000
                Lexington, Virginia.......................
 2499       CA Improvements to Ben Maddox Way Bridge......    $2,000,000
 2500     WA   SR 18 Widening, Maple Valley to I-90.......    $7,500,000
 2501     NY   City of Beacon construction of pedestrian &      $315,000
                Bicycle trail.............................
 2502     TX   FM 544, widen 2-lane roadway to 6-lane         $2,000,000
                roadway from SH 121 to Dozier-Parker Road.
 2503     TX   Construct an alternate truck route to            $500,000
                Interstate 35 in Buda.....................
 2504     NY   Improvements on the Cross Island Bridge        $4,220,000
                Overpass/212th Street and vicinity, Queens
 2505     MI   Novi, Reconstruct Grand River between Novi     $1,000,000
                and Haggerty..............................
 2506     SD   Resurface US Hwy 18 from Lake Andes to US      $1,200,000
                Hwy 50 on Yankton Sioux Reservation.......
 2507     PR   To revitalize Old San Juan Historic            $3,000,000
                District streets..........................
 2508     WY   U.S. 85 Passing Lanes......................    $2,000,000
 2509     MA   Construct Blackstone River Bikeway and         $2,000,000
                Worcester Bikeway Pavilion between
                Providence, RI and Worcester..............
 2510     NY   Little Falls Access: Repair and reconstruct      $240,000
                High School and Lower School Road.........
 2511     FL   Replace Columbus Drive Bridge..............    $4,000,000
 2512     AS   Village road improvements for Sua and          $2,600,000
                Vaifanua counties in the Eastern district.
 2513     MI   Construction of two railroad-highway grade     $2,300,000
                separations on Farm Lane north of Mount
                Hope Road.................................
 2514       CA Widen Atlantic Bl bridge over the Los          $1,000,000
                Angeles River in Vernon...................
 2515       CA Widen Bundy Drive between Wilshire and         $4,250,000
                Santa Monica Boulevards in the City of Los
                Angeles...................................
 2516     AL   To provide four lanes on US-80, Perry         $14,000,000
                County, Marengo County, and Sumter County.
 2517       CA Widen Maine Avenue in Baldwin Park.........      $375,000
 2518     NM   Ease traffic congestion and improve            $2,000,000
                intersection safety by identifying
                alternative alignment to US 84/285 and NM
                68 through Espanola.......................
 2519     MS   Widen MS Hwy 19 between Philadelphia and      $10,000,000
                Collinsville, MS..........................
 2520     NY   Construct the Fire Island ferry terminal       $2,000,000
                facility, Patchogue.......................
 2521     IL   IL 8 from East Peoria to Washington, IL....      $952,570
 2522     NJ   Preliminary engineering for missing            $1,500,000
                connections of NJ 23 and I-80.............
 2523     ME   Penobscot Riverfront Development for           $2,000,000
                bicycle trails, amenities, and traffic
                circulation improvements, Bangor and
                Brewer....................................
 2524     IL   Restoration and reconstruction of the          $1,200,000
                central business district street.
                Cambridge, IL.............................
 2525      NC  Widen NC 150 from Cherryville to Lincolnton    $1,000,000
 2526     NY   Second phase of the Grand Concourse           $10,000,000
                improvements from East 166th St. to East
                171st St..................................
 2527     VT   U.S. Route 7 and U.S. Route 4 road             $3,560,000
                improvements for the City of Rutland......
 2528     IL   Improve 63rd Street, Chicago...............    $2,000,000
 2529     MI   Alcona County, Reconstruction of Ritchie         $813,000
                Road from Village of Lincoln to Hubbard
                Lake road.................................
 2530      SC  Construct roadway btwn I-26 and US 1 in        $2,000,000
                Lexington County. Intermodal connector
                from US 1 to I-26 and I-77. SC 302 and SC
                602 improvements..........................
 2531     OR   Agness Road, Curry County..................    $1,000,000
 2532     NY   Rehabilitation of Sharon Drive in the Town       $325,000
                of Poughkeepsie...........................
 2533     TX   Conduct study of I-10 and U.S. 190 with a        $200,000
                focus on congestion relief and the need
                for a military & emergency relief
                transportation corridor...................
 2534     MD   MD 85 at I270..............................    $6,000,000
 2535     GA   SR 36 passing lanes north of Jackson to        $3,050,000
                Newton County line, Butts County, Georgia.
 2536     VA   I-66 and Route 29 Gainesville Interchange      $9,000,000
                Project...................................
 2537     NY   Construct and extend existing pedestrian       $1,000,000
                streetscape areas in Lynbrook.............
 2538       CA Construct traffic intersection island            $200,000
                improvements on North side of Olympic Blvd
                where Irolo St. and Normandie Ave. split
                in Koreatown, Los Angeles.................
 2539     WA   Improvements in the SR9 corridor in            $1,500,000
                Snohomish County..........................
 2540     PA   Replace a highway railcrossing in Osborne      $2,150,000
                Borough, PA...............................
 2541     AL   Pedestrian Improvements for Centerpoint, AL      $100,000
 2542       CA Replace twin 2 lane bridge with single 4         $500,000
                lane bridge on SR 138 over Big Rock Wash..
 2543       CA State Route 86S and Ave 50 highway safety      $1,000,000
                grade separation..........................
 2544     TX   Construct Fredericksburg Road-Medical Drive    $3,800,000
                grade separation in San Antonio...........
 2545     PA   For design, engineering, ROW acquisition, &      $500,000
                construction of a connector road between
                the Valmont Industrial Park & Pennsylvania
                Rt. 924 at Cranberry Creek................
 2546     AR   Interstates 30/440/530 Interchanges--for       $1,500,000
                interchange improvements, Little Rock.....
 2547     NJ   Rehabilitation of Benigno Boulevard from I-      $400,000
                295 to Route 168 in Bellmawr..............
 2548     PA   Preconstruction studies for improvement to     $1,000,000
                US 22.....................................
 2549     IL   Establish transportation museum on Navy          $540,000
                Pier, Chicago.............................
 2550     WA   Continuing construction of I 90, Spokane to    $3,300,000
                Idaho State Line..........................
 2551     VA   Improve transportation infrastructure for        $531,900
                visitors to Jamestown 2007................
 2552     AR   Highway 67: Kiehl Avenue--Vandenberg           $2,000,000
                Boulevard: rehabilitating and widening
                Highway 67 from four to six lanes from
                Kiehl Ave. to Vandenberg Blvd.............
 2553     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of PS 81..................
 2554     GA   Memorial Drive Corridor....................    $2,000,000
 2555     VA   Route 11 improvements in Maurertown,           $1,000,000
                Virginia..................................
 2556     PA   Street improvements, Whitemarsh Township...    $1,500,000
 2557     VT   Construction of the Lamoille Valley Rail       $7,268,486
                Trail for the Vermont Association of Snow
                Travelers.................................
 2558       CO I-76: Colorados Northeast Gateway..........    $3,000,000
 2559     VA   Construct Maersk Terminal interchange in       $2,000,000
                Portsmouth................................
 2560     GA   I-75 Welcome Project.......................      $250,000
 2561     PA   Improve handicapped accessibility and          $3,000,000
                provide pedestrian overpass in Villanova..
 2562     NY   Install Two Permanent Variable Message           $500,000
                Signs (VMS) on Belt Parkway...............
 2563     MI   Re-surfacing Sebewaing Road in Huron County      $416,000
 2564     IN   Complete construction of paths at Hamilton       $375,000
                County Riverwalk, Noblesville, Indiana....
 2565     NY   Study and Implement Safety Enhancement to        $500,000
                Avenue U from Mill Avenue to East 38th
                Street and Flatbush Avenue from Avenue T
                to Avenue V...............................
 2566     PA   Upgrade circuit for gates and lights at          $275,000
                Sixth Street in Emmaus, PA USDOT crossing
                number 592402P to constant warning time
                devices...................................
 2567     TN   Plan and construct a bicycle and pedestrian      $200,000
                trail, Eagleville.........................
 2568     NY   Improvements for pedestrian and vehicular        $600,000
                access to Baychester Avenue and Bartow
                Avenue....................................
 2569     GA   SR 400 reconstruction from I-285 to            $1,000,000
                McFarland Road, Fulton and Forsyth
                Counties..................................
 2570     MI   Construct pedestrian and bicycle pathway at       $80,000
                Chippewa Landing River Park in the Village
                of Caro...................................
 2571     GA   Upgrade sidewalks, replace street lights,        $500,000
                and landscaping, Metter...................
 2572     AR   Highway 412: Baxter Co. to Ash Flat........    $2,000,000
 2573     NY   Town of North Salem improvements and             $200,000
                repaving to Hawley Road...................
 2574     IA   US 20 Mississippi River Bridge and            $25,000,000
                approaches, Dubuque Co, IA................
 2575     NY   Construct access road and exit lanes for       $1,500,000
                Center for Advanced Medicine: North Shore
                LIJ Health System.........................
 2576     NY   Improve key intersections and highway            $750,000
                segments along Rt. 32 between Route 17-6-
                NYS Thruway interchange in Harriman and
                Highland Mills............................
 2577       CA Widen I-5 to 10 Lanes and Improve Corridor     $5,200,000
                Arterials, SR 91 to I-710.................
 2578     IL   For the construction of the Grand Avenue       $1,160,000
                Underpass, Village of Franklin Park.......
 2579     NY   Rehabilitation of North and South Ridge        $2,160,000
                Street and Wappanocca Avenue in the
                Village of Rye Brook and City of Rye......
 2580     NY   NYSDOT Route 55 construction over Fishkill     $1,400,000
                Creek and left turn lane construction.....
 2581     AL   Alabama Hwy 36 Extension and Widening-Phase    $1,000,000
                II........................................
 2582     OH   Construct Eagle Avenue Viaduct-Demolition        $500,000
                bridge, realignment of roadway to replace
                bridge and reconstruction of two other
                bridges, Cleveland........................
 2583     NV   Construct US 93 Corridor--Boulder City.....   $10,000,000
 2584     NY   Reconstruction of NYS 5, 8, 12. Viaduct and    $1,000,000
                Rt 5A and 5S: City of Utica...............
 2585       CT Street and streetscape improvements along      $1,500,000
                Campbell Ave., West Haven.................
 2586     MA   Reconstruct North Washington Street Bridge     $6,000,000
                to connect Boston and Charlestown.........
 2587     MS   Upgrade roads in Fayette (U.S. Hwy 61 and        $400,000
                33), Jefferson County.....................
 2588     MN   Heritage Center at the Grand Portage           $1,400,000
                National Monument.........................
 2589     NY   Redesign and reconstruction of the Putnam        $650,000
                Rail-Trail, Bronx.........................
 2590     OR   Highway 34/Corvallis Bypass Intersection...    $2,100,000
 2591       CA Install traffic signal on Balboa Blvd. at        $120,000
                Knollwood Shopping Center.................
 2592     MA   Chelsea Street Bridge Reconstruction.......    $8,000,000
 2593     AL   Pedestrian Improvements for Northport, AL..      $100,000
 2594     NV   Construct widening of US-50A from Fernley      $5,000,000
                to Leeteville Junction....................
 2595     WA   Rebuild & widen Cemetery Road bridge over        $200,000
                US Bureau of Reclamation canal near
                Othello, WA...............................
 2596     FL   Roadway construction of SW 62-SW 24 Avenue     $2,000,000
                in Gainesville............................
 2597     WA   SR 2/Kelsey Street Intersection                $1,040,000
                Improvements in Monroe....................
 2598     NY   Town of Southeast construction and repaving      $300,000
                of town roads.............................
 2599     MI   Reconstruct Third Ave. from Saginaw St. to     $3,000,000
                Flint River, City of Flint................
 2600     PA   Upgrade circuit for gates and lights at          $275,000
                31st Street in Allentown, PA USDOT
                crossing number 592410G to constant
                warning time devices......................
 2601     NV   Construct US 95 Widening from Rainbow Blvd     $4,750,000
                to Kyle Canyon............................
 2602     IN   Improve campus streets to increase             $2,000,000
                pedestrian safety and ease vehicular
                congestion in the City of Anderson,
                Indiana...................................
 2603     PA   Schaefferstown Bypass, PA Route 501,           $1,000,000
                Lebanon...................................
 2604     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Dupont Borough, Luzerne County.........
 2605     GA   Intersection improvement at Lake Dow Road        $600,000
                and SR 81 Harris Dr at SR 42..............
 2606       CA Replace South Access to the Golden Gate        $6,000,000
                Bridge--Doyle Drive.......................
 2607     IL   Resurface Yellow Banks Road, Franklin            $400,000
                County....................................
 2608     AL   Widen CR-52 from Helena to US-31...........   $15,000,000
 2609     IL   Intersection Reconstruction at US 12-IL31-       $900,000
                Tryon Grove Road..........................
 2610     NY   Streetscape of Herald and Greeley Squares        $500,000
                in New York City..........................
 2611     NJ   Construct Cape May and Supawna Meadows           $750,000
                National Wildlife Refuges Roadway and
                Parking Improvements......................
 2612     TX   Del Rio-Laughlin Air Force Base Relief         $4,000,000
                Route.....................................
 2613      NC  Study feasibility of widening US 221-NC 226    $3,000,000
                from Woodlawn to Spruce Pine, start
                planning and design, and make upgrades to
                improve safety............................
 2614     NY   Transportation improvements to the Far         $2,400,000
                Rockaway Business District, Queens, New
                York......................................
 2615     VI   Upgrade West-East Corridor through             $8,000,000
                Charlotte Amalie, St. Thomas..............
 2616     NH   Hampton Bridge Rehabilitation-Hampton, NH..    $1,500,000
 2617       CA Gale Avenue widening between Fullerton Road      $100,000
                and Nogales Street, and Nogales Street
                widening at Gale Avenue...................
 2618       CA Grade Separation at Cesar Chavez Parkway         $500,000
                and Harbor Drive, San Diego...............
 2619     MO   Improve access to I-55 at River Des Peres..   $10,000,000
 2620     PA   PA Route 61 enhancements, Schuylkill Haven.   $10,000,000
 2621     MO   Kansas City SmartPort ITS for highways.....    $5,000,000
 2622     PA   City of Philadelphia in conjunction with       $4,000,000
                American Cities Foundation for
                neighborhood transportation enhancement
                and pedestrian safety projects............
 2623     DE   Reconstructing I-95/SR-1 interchange,          $5,000,000
                adding a fifth lane, and replacing toll
                plaza on Delaware's portion of I-95
                corridor..................................
 2624     OH   Study possible road upgrades in Tuscarawas       $100,000
                County due to flood issues based on dams
                in Muskingum Watershed District...........
 2625     OR   Sunrise Corridor, Clackamas County.........    $2,850,000
 2626       CA Construct Cabot-Camino Capistrano Bridge         $838,690
                Project and related roadway improvements
                in Cities of Mission Viejo and Laguna
                Niguel, California........................
 2627     TX   Construction of mainlanes and interchanges    $14,000,000
                on SH 121 from Hillcrest to US 75.........
 2628     WA   Enumclaw, WA Welcome Center................    $1,500,000
 2629     PA   Upgrade narrow existing roads, Plank, Otts,    $1,000,000
                Meyers, Seitz Roads, along 1 mile corridor
                to 2 lane road with shoulders, improve
                intersections.............................
 2630     GA   Widen Old Petersburg Road-Old Evans Road       $4,000,000
                from Baston Road to Washington Road,
                Columbia County, Georgia..................
 2631       CA Widen Peyton Dr. from Grand Ave. to Chino      $7,036,110
                Hills Pky., construct Eucalyptus Ave. from
                Peyton Dr. to Galloping Hills, improve
                English Channel...........................
 2632     TX   New construction for the SH 349 Reliever       $2,500,000
                Route beginning at the SH 191 intersection
                in Midland................................
 2633     PA   Widen Route 22 between Export and Delmont..    $1,450,000
 2634       CA Construction of a traffic signal at the          $125,000
                intersection of Hamlin St. and Corbin Ave.
 2635     NY   Design/Environmental work on the Inner Loop    $2,400,000
                from Clinton Avenue to East Main Street,
                Rochester.................................
 2636     MO   I-35 Access Modification Planning, City of     $1,500,000
                Kearney...................................
 2637     PR   Construction of community bridge at Los          $425,000
                Olvidados Sector, Quebrada Arenas
                Community.................................
 2638     MN   North-South Corridor with Railroad             $1,500,000
                Overpass, City of Staples.................
 2639       CA Port of Hueneme Intermodal Access              $4,700,000
                Improvement Project, including grade
                separation at Rice Avenue and State Route
                34; widen Hueneme Road....................
 2640       CA Reconstruct and deep-lift asphalt on           $4,856,000
                various roads throughout the district in
                Ventura County............................
 2641     GA   Upgrade sidewalks, parking, street               $500,000
                lighting, and landscaping, Claxton........
 2642     MS   Upgrade roads in Itta Bena (U.S. Hwy 82 and    $1,500,000
                7) and in vicinity of Viking Range Corp.
                (U.S. Hwy 7 and 49), Leflore County.......
 2643     VA   Widen Route 262 in Augusta County..........    $1,000,000
 2644       CA Forest Highway 171 Upper Skyway Improvement    $7,250,000
 2645     NV   Rehabilitate Lake Mead Parkway.............    $3,000,000
 2646     IL   Construct Bridge Overpass, DuSable Museum-     $1,000,000
                Chicago...................................
 2647     WA   Expand size and improve safety Lewis and         $146,000
                Clark Discovery Trailhead and Scenic
                Overlook..................................
 2648     PA   Construction of access improvement at the I-     $650,000
                79 SR 228 interchange in vicinity of
                Cranberry Town Center.....................
 2649     PA   Development of bicycle and pedestrian         $10,000,000
                trails and access links along North
                Delaware Riverfront.......................
 2650     OH   Highway--railroad grade separation over the      $300,000
                Norfolk Southern Rail Line for the Hines
                Hill Road--Milford Connector project in
                Hudson, Ohio..............................
 2651       CA Construct crosswalk bump-outs and related        $400,000
                streetscape improvements on Temple St
                between Hoover St and Glendale Blvd, Los
                Angeles...................................
 2652      NC  Improve SR1023 from US70 Business to US301     $5,000,000
                in Smithfield.............................
 2653     MA   Improvements to Mass. Ave, Andover Street,     $1,000,000
                Osgood Street, Salem Street, and Johnson
                Street in the Old Town Center of North
                Andover...................................
 2654     KY   Reconstruct US 127 at US 127 South, Mercer       $600,000
                County....................................
 2655       CA Construct truck lane from Britannia Blvd.      $4,000,000
                to the Otay Mesa Port of Entry, San Diego
                County....................................
 2656     PA   Beford, Pa--Relocation of Old Route 220 and    $9,000,000
                Sweet Road. Complete preliminary
                engineering, purchase right-of-way,
                construction..............................
 2657     GA   Design and construction of 2.2 miles of          $200,000
                multi-use trail in the City of Douglas,
                Georgia...................................
 2658     IL   Entry Road to SIU Research Park............    $1,600,000
 2659     NY   Kingston, Construct pedestrian waterfront      $1,600,000
                walkway...................................
 2660     MN   Reconstruct TH 61 north of Split Rock River    $5,280,000
                to Chapins Curve, bridges number 8285 and
                8286, Lake County.........................
 2661     KS   Replacement of US-169 bridge in Kansas City    $8,500,000
 2662     PA   Route 313 Turning Lanes and Truck Climbing     $1,000,000
                Lanes, Bucks County.......................
 2663       CA Purchase of Rosemead Blvd ROW, Temple City.    $1,000,000
 2664     NY   Reconfiguration of Bay Avenue and Polaris      $8,000,000
                Street in Newark, NJ......................
 2665     MI   Reconstruct highway under a railroad           $1,000,000
                bridge, Wyoming Ave. from Eagle Pass to
                Michigan Avenue, Wayne County.............
 2666     OK   Construct vehicular bridge over the            $1,000,000
                Burlington Northern RR at War Bonnet
                Crossing, Mannford, OK....................
 2667     UT   Construction and Rehabilitation of 13th        $6,300,000
                East in Sandy City........................
 2668     VA   Construct 3.6 miles of Interstate 73 near      $2,000,000
                Martinsville..............................
 2669     WA   Maple Valley SR 169 and SR 516 improvements    $1,000,000
 2670     FL   Construct access road to entrances to Opa-     $2,000,000
                Locka Airport at Opa-Locka Airport at N.W.
                135th Street and N.W. 47th Avenue,
                including improvements to N.W. 47th Avenue
                with median strip, City of Opa-Locka......
 2671     UT   Expand Redhills Parkway from 2 to 5 lanes      $6,000,000
                and improve alignment within rights-of-way
                in St. George.............................
 2672     OH   Bethlehem Township, Ohio. Riverland Avenue     $1,300,000
                Bridge Replacement........................
 2673     MD   MD295, BWI Access Improvements.............    $4,740,000
 2674     OR   Connect Boeckman Road to Tooze Road,           $1,000,000
                Wilsonville...............................
 2675     LA   Construct I-20 interchanges at US 167 and      $5,000,000
                Tarbutton Rd. Construct East West frontage
                roads along I-20..........................
 2676     TX   FM 937 from SH164 to FM 3371, Limestone Co.    $2,000,000
 2677     MO   Construct additional exit ramp access lane     $4,820,000
                from I-44 to Kingshighway and enhance Shaw
                Ave. corridor.............................
 2678     IN   Construction of I-64 Interchange, Harrison     $5,310,000
                County, Indiana...........................
 2679     OH   Bridge Replacement at SR 84 and I-90 on          $500,000
                Bishop Road in Willougby Hills, OH........
 2680     TN   Continue Shelby Avenue--Demonbreun Street      $6,500,000
                project in Nashville......................
 2681     WI   Construct a bicycle/pedestrian path from       $2,000,000
                Waunakee to Westport......................
 2682       CT Construct bike and pedestrian paths along        $100,000
                Salem Greenway--Salem, CT.................
 2683     TX   Construct I-635/35E Interchange in Dallas,     $5,500,000
                TX........................................
 2684       CA Hwy 199 Narrow Enhancement to reduce active    $2,000,000
                slides that cause significant road
                closures on primary connecting route from
                US 101 to I-5.............................
 2685     MD   Construction of New Interchange at MD5,       $10,000,000
                MD373, and Brandywine Road................
 2686     GA   I-20 West from SR 5 Bill Arp to SR 6--HOV      $7,250,000
                Lanes.....................................
 2687     PA   Install and construct signals, calming           $450,000
                devices and signs in Mechanicsburg and
                surrounding municipalities................
 2688     FL   44th St. Extension to Golfair Blvd,            $1,500,000
                Jacksonville..............................
 2689     NJ   Passaic River-Newark Bay Restoration and       $1,000,000
                Pollution Abatement Project, Route 21,
                River Road, CR 510........................
 2690       CA San Gabriel Blvd and Mission Road                $200,000
                Intersection Improvements, San Gabriel....
 2691     NY   Rehabilitate 125th Street Corridor from Old    $2,000,000
                Broadway to Marginal Street/Waterfront....
 2692     MI   Repair M-10 corridor from I-696 to downtown    $1,000,000
                Detroit...................................
 2693     FL   Capital Circle Northwest, Tallahassee......   $10,000,000
 2694     TN   Installation of Intelligent Transportation     $2,000,000
                System on various major routes in Memphis.
 2695     MI   Planning and Engineering for The American      $1,500,000
                Road, The Henry Ford Museum, Dearborn.....
 2696     TX   Reconstruct Ella/Wheatley from Little York     $1,250,000
                to West Gulf Bank.........................
 2697     NY   Implement Improvements for Pedestrian          $1,000,000
                Safety in Richmond County.................
 2698     FL   Palm Bay Parkway from Emerson Drive to US      $1,000,000
                192, Palm Bay, FL.........................
 2699       CA Construct the Los Angeles River bicycle and      $575,000
                pedestrian path in the San Fernando Valley
 2700     TX   Construct Santa Fe Trail DART LR overpass      $1,400,000
                from Hill St. to Commerce St. along
                abandoned Santa Fe Rail right-of-way in
                Dallas....................................
 2701       CA Construct Route 101 bicycle/pedestrian         $1,000,000
                overpass at Millbrae Ave for the San
                Francisco Bay Trail.......................
 2702     GU   Guam Mass Transit Authority Acquisition of       $400,000
                transit vehicles for disabled persons.....
 2703     LA   New Iberia Rail Grade Separation...........    $2,000,000
 2704     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Ashley Borough, Luzerne County.........
 2705     MN   Reconstruct Grand Avenue (from Central Ave       $750,000
                to 59 Ave W), Central Ave (from Grand Ave
                to I-35) and Bristol Street (from Central
                Ave to Grand Ave), Duluth.................
 2706     TN   Plan and construct a bicycle and pedestrian      $100,000
                trail, Cannon County......................
 2707     TX   Develop, deploy and integrate municipal ITS    $3,200,000
                in San Antonio............................
 2708     TN   Jefferson, Hamblen Counties, Tennessee SR-     $2,000,000
                66 relocation.............................
 2709     MD   Rehabilitate Pennington Avenue Drawbridge      $1,500,000
                in Baltimore..............................
 2710     PA   Construction of I-79 to Mon-Fayette Section    $1,000,000
                of Southern Beltway, Pittsburgh,
                Pennsylvania..............................
 2711     FL   Springfield Rd. Improvements, Jacksonville.    $1,500,000
 2712     LA   Elimination of highway-rail grade crossings    $1,000,000
                along Louisiana and Delta railroad........
 2713       CA Conduct necessary planning and engineering     $1,400,000
                and implement comprehensive Corridor
                Management Plan for Arroyo Seco Historic
                Parkway, Los Angeles......................
 2714     FL   Plant City Traffic Management System.......    $2,000,000
 2715     GA   SR 347 widen-new construction from I-985 to   $10,000,000
                SR 211, Hall County, Georgia..............
 2716     WA   SR28 and SR285 Sellar Bridge Improvements:     $5,000,000
                ramp & roadway network improvements at the
                west end and a new lane on the Sellar
                Bridge....................................
 2717     NY   Stabilize Poughkeepsie Railroad Bridge and     $1,092,500
                construct a pedestrian walkway linking the
                two sides of the Hudson River,
                Poughkeepsie..............................
 2718     WA   International Mobility and Trade Corridor      $1,100,000
                Project for Whatcom County................
 2719       CA State Route 76 Road Widening, Melrose Drive    $5,000,000
                to Interstate 15..........................
 2720     NJ   Streetscape Improvements to Clements Bridge      $500,000
                Road from Newton Avenue to New Jersey
                Turnpike, Barrington......................
 2721     FL   Construct Eastern Connector from SR 417 to     $1,000,000
                I-95, Volusia & Seminole Counties Florida.
 2722     GA   Construction of the McIntosh Path on SR 99,      $200,000
                7.15 miles between Darien, Georgia and the
                Sapelo Island Visitor Center..............
 2723     AL   Construction of Sulphur Springs Road Bypass    $5,000,000
                in City of Hoover, Alabama................
 2724     AZ   Pliocene Cliffs reconstruction between         $1,000,000
                Wikieup and the Santa Maria River.........
 2725     MN   Construct roadway improvements to CSAH 76,     $1,064,000
                Little Falls..............................
 2726     IN   Study alternatives along 2 miles of              $150,000
                railroad to eliminate in-town highway-rail
                crossings to improve safety and reduce
                congestion in Delaware County.............
 2727     NV   Design and construct separation of rail-       $1,000,000
                highway crossings in downtown Reno........
 2728     NJ   Maple Shade Township Streetscape               $1,000,000
                Improvements of Mill Road, Rudderow Ave.,
                North & South Coles Ave. and Schoolhouse
                Lane......................................
 2729     WA   Conduct study for I-5 and SR 503                 $300,000
                interchange...............................
 2730     WA   Construct Webber Canyon Road realignment at    $3,500,000
                I-82 Kiona-Benton interchange.............
 2731     TX   Downtown Streetscape Improvements in             $640,000
                Beaumont, Texas...........................
 2732     NY   Improve Traffic Flow on Lefferts Boulevard       $500,000
                by Rehabilitating Facilities Surrounding
                LIRR/Kew Gardens Eastbound Station........
 2733     NM   Perform highway beautification to the            $800,000
                recently reconstructed Interstate 40
                Interstate 25 Interchange.................
 2734     TX   Reconstruct interchange at IH 10 and FM        $1,000,000
                364, Chambers County, Texas...............
 2735       CA SR 52 East Improvements (San Diego)........    $6,000,000
 2736     OR   Study to evaluate alternatives in support        $250,000
                of an eventual Astoria bypass, Astoria....
 2737     GA   Commission a study and report regarding the      $400,000
                construction and designation of a new
                Interstate linking Savannah, Augusta, &
                Knoxville.................................
 2738     VT   Construction of the St. Albans, Vermont        $1,200,000
                intermodal connector roadway with I-89 for
                the City of St. Albans....................
 2739     OR   I-5-Highway 214 interchange improvements,      $1,000,000
                Woodburn..................................
 2740     OR   Construction of transportation facilities        $800,000
                at the Tualatin River Wildlife Refuge.....
 2741     WY   I-80 Rock Springs Marginal.................    $1,900,000
 2742     PA   Improvements to Route 11 and access to I-81    $1,000,000
 2743     IL   Improve safety of a horizontal curve on           $88,000
                Clarksville St. .25 mile north of 275th
                Road in Grandview Township, Edgar County,
                Illinois..................................
 2744     UT   Provo Reservoir Canal Trail, Utah..........    $1,000,000
 2745     MO   South County Riverfront Access and Trails      $4,000,000
                Project, Lemay............................
 2746     AK   Road improvements in the City of Fairbanks.    $5,000,000
 2747     MD   Construct Ferry Terminal, Somerset County,     $1,000,000
                Maryland..................................
 2748     MS   Plan and Construct two lanes to SR-6 from      $4,000,000
                SR 342 to Alabama state line..............
 2749       CA Construct bypass along Hwy 101 around          $5,000,000
                Willits, CA to reduce congestion, improve
                air quality and enhance economic lifeline
                of No. Coast..............................
 2750       CA Engineering support to I-5 Joint Powers          $150,000
                Authority to widen I-5 freeway and improve
                corridor arterials from I-710 to Orange
                County line...............................
 2751     LA   Kerner Bridge, Bayou Barataria.............    $2,100,000
 2752     WA   Renton, WA SR 167 HOV, Strander Boulevard      $1,000,000
                Connection................................
 2753     NJ   Sussex County, NJ Vernon Township, Mountain    $3,000,000
                Creek Rt. 94 Traffic Calming, Ped. Safety
                and Traffic Congestion, Circulation
                Improvement...............................
 2754     PA   Linglestown Square, roadway and                $2,800,000
                intersection improvements, Lower Paxton
                Township..................................
 2755     MD   Rehabilitate road including bridges over       $3,000,000
                CSX tracks in Baltimore...................
 2756     WA   Extend 18th Street between 87th Avenue and     $1,000,000
                NE 192nd Avenue in Vancouver..............
 2757     TX   Implement repairs on Old Pleasanton Road         $403,000
                Bridge in Atascosa County.................
 2758       CA Hazel Avenue Improvements, U.S. Highway 50     $3,000,000
                to Madison Avenue.........................
 2759     MI   Menominee County, County Road 557 Bridge         $280,000
                Replacement over the Big Cedar River......
 2760     OH   Massillon, Ohio. Tremont Avenue Bridge           $720,000
                Rehabilitation............................
 2761     MI   Montmorency County, Reconstruction of            $800,000
                County Road 612 from W. County Line to
                County Road 491...........................
 2762       CA Conduct traffic study of proposed                $500,000
                realignment of Nutwood Ave in Fullerton...
 2763     NM   Planning, design and construction of           $2,000,000
                bikeways and walkway at the City of Santa
                Fe's downtown railyard redevelopment
                project...................................
 2764     GA   Streetscape-Bainbridge.....................      $250,000
 2765     PA   Construct SR 706 Corridor, Susquehanna         $2,000,000
                County, Pennsylvania......................
 2766     NY   Town of North Salem reconstruction and           $150,000
                repaving of Keeler Lane...................
 2767     FL   Conduct planning and engineering for US 17     $3,000,000
                widening and improvements in Hardee
                County, Florida...........................
 2768     IL   Traffic Signalization, Matteson............      $907,500
 2769     MS   Upgrade roads in Kilmichael, Montgomery          $400,000
                County....................................
 2770      NC  Upgrade US-220 to I-73-74 interstate           $2,000,000
                standards in Montgomery County............
 2771     WA   US-2/Sultan Basin Road Improvements in           $600,000
                Sultan....................................
 2772     TX   Add 2 lanes to existing facility from          $1,000,000
                Victoria County Line to 1.9 miles west of
                SH 35 in Port Lavaca......................
 2773     FL   A1A Transportation Enhancements, Daytona       $1,000,000
                Beach.....................................
 2774     MI   City of Menominee, Resurface Hattie Street       $225,000
                Bridge deck 250 feet from 9th Avenue in
                Menominee to Riverside Avenue in
                Marinette, WI.............................
 2775     TN   Eliminate blockage of two lanes on Gay         $2,000,000
                Street in Knoxville, TN, to accommodate
                loading dock..............................
 2776     MI   Emmet County, ultra thin demonstration            $60,000
                project resurfacing of Mitchell Road from
                the City of Petoskey limits east to
                Division..................................
 2777     NY   Gowanus Expressway Project.................      $500,000
 2778     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscaping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Moosic Borough, Lackawanna County......
 2779     AL   Expand to 4 lanes on US-278 from I-65 to US-   $3,000,000
                231.......................................
 2780     IL   Preconstruction and construction McCarthy        $600,000
                Road, Bell Road to US-45 and 123rd Street
                US 45 to 86th Avenue in Palos Park........
 2781     WY   Riverton: Reconstruct Hwy 26-Main St.......    $1,100,000
 2782     MA   Somerville Bicycle Path Improvements--Cedar    $1,000,000
                Street to Central Street..................
 2783     MI   US-31 improvements and relocation between      $9,450,000
                Holland and Grand Haven...................
 2784     PA   Replace Messinger Street Bridge in the         $1,000,000
                Borough of Bangor.........................
 2785     NY   Oswego, construct pedestrian waterfront        $1,250,000
                walkway...................................
 2786     KY   Reconstruct US 127 from Hustonville Road to    $1,500,000
                the Mercer County Line, Boyle County......
 2787     PA   Construction of an intermodal facility in      $1,500,000
                Altoona, PA...............................
 2788       CA Design and construct access improvements in    $8,000,000
                North Central Business District,
                Sacramento................................
 2789      NC  Construction of the southbound lane of US-     $6,000,000
                321 bridge replacement over the Catawba
                River.....................................
 2790     FL   Grand Lagoon Bridge Replacement Project.       $6,500,000
                The replacement of a two-lane bridge with
                a four-lane bridge........................
 2791     FL   Construct SR 9B Extension, St. Johns           $4,400,000
                County, Florida...........................
 2792     AL   Design and construct a 4-lane highway from     $1,000,000
                Muscle Shoals, AL to I-10.................
 2793     IN   Improve SR 9 Greenfield Corridor, Indiana..      $500,000
 2794     NJ   Interstate 280 Interchange Improvements,       $9,000,000
                Harrison..................................
 2795     KY   Construct I-66 east of Somerset, Kentucky      $7,000,000
                in Pulaski County to I-75 at London,
                Kentucky..................................
 2796     VA   Plan, design, and construct improvements to      $500,000
                Virginia Beach Blvd in Virginia Beach and
                Norfolk...................................
 2797     PA   Fayette County, Pennsylvania, State Road 21    $2,000,000
                Improvements..............................
 2798     ME   Replacement of Waldo-Hancock Bridge........   $16,000,000
 2799       CT Reconstruct and widen Homer St and Chase       $1,500,000
                Ave in Waterbury from Waterville Ave to
                Nottingham Terrace........................
 2800     FL   Construct new east-west road from the          $1,000,000
                intersection of Beeline Highway and PGA
                Boulevard west to Seminole Pratt Whitney
                Road......................................
 2801     WI   Enhance West Silver Spring Ave with              $400,000
                lighting enhancement, crosswalk
                improvements, signage, landscaping,
                Milwaukee.................................
 2802     NY   Completion of 1.6 mi trail network in the        $124,000
                Utica Marsh, NY...........................
 2803     TX   Construct I-635-I-30 Interchange, Dallas,     $12,000,000
                Texas.....................................
 2804     IL   Establish transportation museum on Navy          $500,000
                Pier, Chicago.............................
 2805       CA Establish I-15 Interchange at Nisqualli and    $1,500,000
                Mojave River crossing in San Bernardino
                County....................................
 2806     MA   Massachusetts Bay Transportation Authority     $1,000,000
                Secure Station, Boston....................
 2807     FL   Construct bridges on SR 710 in Palm Beach      $2,000,000
                County....................................
 2808     PA   Reconstruct intersection of SR 51 and          $2,150,000
                Franklin Ave, Beaver County...............
 2809     NJ   Rehabilitation of existing structure at the      $500,000
                Bridge Street bridge over the CSX Railroad
                Trenton Line in Manville, NJ..............
 2810     OR   Repair and recoat logging bridge over            $150,000
                Highway 99E, Canby........................
 2811       CA San Gabriel Blvd Rehabilitation Project--        $200,000
                Broadway to Las Tunas, San Gabriel........
 2812       CA Signal upgrades on Avenida de las Flores,        $125,200
                Melinda Road, Avenida de las Banderas, and
                Alma Aldea, Rancho Santa Margarita,
                California................................
 2813       CA Construct State Route 905 to connect the       $9,000,000
                Otay Mesa Port of Entry to Interstate 805,
                San Diego.................................
 2814     MA   Crosby Drive Improvement Project...........    $1,000,000
 2815     WI   Construct North Shore Extension of               $350,000
                Friendship State Trail, Calumet and
                Winnebago Counties, Wisconsin.............
 2816     AR   Construct and rehabilitate Fayetteville        $5,000,000
                Expressway Economic Development Corridor..
 2817     PA   Armstrong County, Pennsylvania,                $2,000,000
                construction of the Freeport Bridge.......
 2818     IL   Road extension for Redco Drive to Skyline      $1,000,000
                Dr, Williamson County.....................
 2819       CA Rosecrans Avenue and Bridge Arterial           $3,000,000
                Reconstruction Project, Compton...........
 2820     MA   Canalside Rail Trail Construction of the       $1,000,000
                Canalside Rail Trail, Deerfield & Montague
 2821       CA Conduct study and construct Daggett Road,      $5,000,000
                Port of Stockton, CA, Access Project......
 2822     WI   Construct a bicycle/pedestrian path, and       $2,000,000
                two bridges across Starkweather Creek,
                Madison...................................
 2823     GA   Construct City of Fayetteville, GA School        $625,000
                Access Bike Ped Project...................
 2824     TN   Sevier County, Tennessee SR 449 extension..      $500,000
 2825     GA   SR 133 southbound lane bridge replacement      $1,000,000
                over the Georgia-Florida Railnet line,
                Dougherty County..........................
 2826       CA Construct grade separation on State Street     $2,000,000
                and Cajon Boulevard along BNSF tracks in
                San Bernardino............................
 2827     WA   Construct SR 9 Pedestrian Overpass in            $800,000
                Arlington.................................
 2828       CA Implement streetscape improvements along         $100,000
                Wilbur Avenue to enhance traffic and
                pedestrian safety.........................
 2829     MD   I-95, I-495, MD-5 Branch Avenue Metro          $4,000,000
                Access....................................
 2830     TN   Improving vehicle efficiencies at at-grade        $57,000
                highway-railroad crossing in Loudon, TN...
 2831     MO   I-470, I-435 & Rt 71 Completion of             $3,000,000
                Interstate realignment....................
 2832     PA   Ridge Avenue revitalization project in         $1,000,000
                conjunction with Roxborough Dev. Corp. for
                scenic enhancements & pedestrian safety
                improvements along a heavily traveled
                thoroughfare..............................
 2833     PA   Corridor improvements for PA 72 from PA 283      $600,000
                to PA Turnpike............................
 2834     AR   Construction of I-49, Highway 71: Highway      $5,000,000
                22 to Highway 71 near Jenny Lind..........
 2835       CA Provide landscape enhancement of an              $500,000
                existing open culvert on Atherton Street,
                Long Beach................................
 2836     NY   Rehabilitate Guy Lombardo Avenue and           $1,000,000
                construct drainage improvements and new
                sidewalks and curb cuts in Freeport, NY...
 2837     IA   I-35 interchange improvements, Ankeny......    $4,500,000
 2838     PA   Improve Freemansburg Avenue and its            $2,000,000
                intersections at Route 33.................
 2839     NJ   Pedestrian facilities and street lighting        $400,000
                on Route 551 from Route 130 to Chestnut
                Street, Brooklawn.........................
 2840     IL   I-57 and I-294 Interchange.................    $3,000,000
 2841     FL   New Kings Rd. Pedestrian Overpass &            $1,000,000
                Enhancements, Jacksonville................
 2842     TX   Grimes Co., TX Bridge Improvement Project..      $500,000
 2843       CA Crenshaw Blvd. Rehabilitation, Maricopa St.    $1,000,000
                to Sepulveda Blvd., City of Torrance......
 2844     VA   Engineering and Right of Way for Interstate    $1,500,000
                73 in Roanoke County......................
 2845     GA   Johnson Ferry Road Glenridge Drive             $2,000,000
                Widening, Abernathy Road to Hammond Drive.
 2846     GA   Install walkways, bridges, lighting,           $6,020,083
                landscaping in Water Works Park and south
                along river through Ocmulgee Monument and
                Central City Park.........................
 2847     OH   Intersection improvements and related road       $612,000
                improvements in the City of Chardon, OH...
 2848     WV   Construct Coalfields Expressway............    $7,200,000
 2849       CA Improve pedestrian and biking trails within    $1,000,000
                East Bay Regional Park District, Contra
                Costa County..............................
 2850     MA   Berkshire County Bike Paths, Design &          $5,000,000
                Construction..............................
 2851     MI   Ogemaw County, Overlay of Fairview Road to       $369,600
                improve network of all-season truck routes
 2852     VA   Old Mill Road Extension....................    $1,000,000
 2853     PA   Construct Campbelltown Connector, Lebanon      $2,000,000
                County....................................
 2854     NJ   Construct Rt 40 Reconstruction from Rt 77      $3,000,000
                to Elmer Lake, Elmer, Salem County........
 2855     OH   Design and construct riverwalk and adjacent    $1,500,000
                facilities, Warren, Trumbull Co...........
 2856       CA Realign SR-4 within the City of Oakley.....    $2,000,000
 2857     IL   Construct recreational trail from Spring         $400,000
                Creek Forest Preserve to Greene Valley
                Forest Preserve in DuPage County, IL......
 2858     MN   Construct trail link between Bruce Vento       $1,500,000
                Regional Trail and Mississippi River
                Corridor in St. Paul......................
 2859     FL   Construct Interstate-4/Crosstown Connector.    $1,000,000
 2860     UT   Add lights to road from Halchita to Mexican      $200,000
                Hat on Navajo Mountain....................
 2861       CA Construct off ramp at Interstate 8/Imperial    $3,000,000
                Avenue Interchange, El Centro.............
 2862     VA   Cranesnest Trail--construction of hiking,        $650,000
                biking, horse trail from Route 83 to
                Cranesnest Campground.....................
 2863      NC  Durham and Chatham Counties, NC Completion     $2,000,000
                of American Tobacco Trail.................
 2864     TX   Austin to Manor Rail Trail, Texas..........    $2,000,000
 2865     PA   Eliminate existing rail line in Indian, PA     $4,000,000
                to eliminate 37 at-grade crossings and
                reconstruct the line outside the town from
                Glenn Lock to Middletown..................
 2866     MN   Extend Cuyuna Range and Great River Road         $400,000
                Trails, Aitkin............................
 2867     NY   Conduct planning, engineering, and eventual      $500,000
                construction of Rte. 5 in City of Oneida,
                from Seneca St. to county line............
 2868     NY   Great Neck Road Traffic Calming Project....      $400,000
 2869     NJ   Design and construct new streetscape           $1,000,000
                through Irvington Center..................
 2870     IL   Construct connector road between               $6,000,000
                Collinsville Rd to IL3/North 1st St, St.
                Clair County..............................
 2871     NJ   Carteret, NJ Ferry Service Terminal........    $2,100,000
 2872     AL   Construct I-10-US-231 Connector from           $2,000,000
                Dothan, AL to Florida.....................
 2873     OH   Bicycle paths for the Magic Mile in              $800,000
                Willoughby, OH............................
 2874      NC  Construct Interstate 73-74 in Montgomery      $18,000,000
                County and Richmond County, North Carolina
 2875     NY   Construct Phase II I-90 Connector ITS          $6,000,000
                Laboratory in Rensselaer County...........
 2876      NC  Design and construct Airport Area Roadway      $2,800,000
                Network...................................
 2877     WA   Engineering and construction of the            $1,000,000
                Centennial Trail in Snohomish.............
 2878     OR   I-5 Beltline Interchange...................   $20,000,000
 2879     IL   Extension North from Rt. 30 to Wheeler Road    $4,760,000
                and Galena Boulevard extension west of Rt.
                47 in Sugar Grove, IL.....................
 2880     NY   Newburgh, Improve East End Roads...........    $1,863,500
 2881     ME   Construction of the Kennebec River Rail          $400,000
                Trail.....................................
 2882       CA Construct Bristol Street multi-modal           $3,000,000
                corridor in Santa Ana.....................
 2883       CA Construct pedestrian sidewalk enhancements       $500,000
                in Bellflower.............................
 2884     KS   Improvement and expansion for 2.7 miles of    $14,500,000
                K-18 in Geary County......................
 2885       CA I-110/SR 47/Harbor Blvd. Interchange           $5,000,000
                Improvements, San Pedro...................
 2886     MA   Oxbow National Wildlife Refuge, Design and     $2,000,000
                construction of a Visitor Contact Station.
 2887     AL   Pedestrian Improvements for Pell City, AL..      $200,000
 2888     WI   Rehabilitate Highway 51 between CTH S and      $2,000,000
                USH 8 in Lincoln County...................
 2889     OH   Rehabilitate tunnel and bridge on National       $700,000
                Road Bikeway in St. Clairsville...........
 2890     MD   Pennington Ave Drawbridge, Baltimore.......    $1,000,000
 2891     MA   Rehabilitation and paving of Parker River        $250,000
                Road......................................
 2892     MN   Reconstruct CSAH 17 between Itasca CR 341      $3,200,000
                and the Scenic State Park entrance to
                improve safety and structural integrity...
 2893     OH   Grading, paving, roads for the transfer of     $5,000,000
                rail to truck for the intermodal facility
                at Rickenbacker Airport...................
 2894     PA   Relocation of PA 52 at Longwood Gardens....    $1,000,000
 2895     TX   Construct Interstate 35 improvements in        $1,000,000
                Buda......................................
 2896     TN   Improve streetscape and signage, McMinn          $300,000
                County, TN................................
 2897     OR   Culvert Replacement, Sweet Home............      $130,000
 2898     AL   AL 5 Widening in Bibb County...............    $3,000,000
 2899       CO Design and build a multimodal corridor on      $5,000,000
                US 36.....................................
 2900     WA   Development of highway-rail crossings in       $1,000,000
                Spokane County, WA and Kootenai County, ID
 2901     OH   Acquire right of way land along US 24,         $1,000,000
                Lucas County..............................
 2902     IL   Improve Streets, Westchester...............      $150,000
 2903     NY   Enhance road and transportation facilities     $3,000,000
                in the vicinity of W. 65th St and
                Broadway, New York City...................
 2904     TN   Construction of Knob Creek Road in               $500,000
                Washington County, Tennessee..............
 2905     TN   Improve streetscape and pavement repair,         $300,000
                Loudon County, TN.........................
 2906       CA Improvement of intersection at Inglewood       $3,600,000
                Ave and Marine Ave to reduce congestion...
 2907     HI   Interstate Route H1 rehabilitation,            $7,430,000
                Kaahumanu Street to Kaimakani Street......
 2908     ID   Construct Interchange on I-84 at Ten Mile      $2,000,000
                Rd, Meridian, Idaho.......................
 2909     NJ   Pedestrian facilities and street lighting        $347,120
                on Haddon Avenue from Voorhees Township
                Line to Bate Avenue, Berlin Township......
 2910     WA   267th Street NW Pedestrian Path in Stanwood      $400,000
 2911     KY   Replace US 68 and US 150 Bridge over             $750,000
                Chaplin River, Perryville.................
 2912     UT   Geveva Rd-Provo Center Street, Orem 1600       $7,500,000
                North to I-15 FWY, Provo-widen from 2 to 4
                lanes.....................................
 2913     IL   Construction of a new roadway and grade        $7,000,000
                separation of the UP West Line east of
                Elburn....................................
 2914     VA   Haymarket, VA. Washington Street                 $500,000
                improvements..............................
 2915     NJ   Improvements to implement the Readington         $500,000
                Tewksbury Transportation Improvement
                District..................................
 2916     IL   Allow IDOT to proceed with engineering and     $1,750,000
                construction of Airport-Lockport Rd and
                Illinois Route 126 interchanges on I-55...
 2917     AR   Caraway Bridge Overpass....................    $7,000,000
 2918     OH   Construction of an Intermodal Facility at        $500,000
                University Circle in the City of Cleveland
 2919     PA   Jeannette Truck Route......................      $500,000
 2920     MD   MD 45, Cavan to Ridgley Roads..............    $5,520,000
 2921     MD   MD 30 Hampstead Bypass.....................    $1,000,000
 2922     MI   Monroe Area Highway-Railway Crossing           $6,400,000
                Improvements, City of Monroe..............
 2923     OH   Obtain right-of-way and construct the          $2,000,000
                161,37 widening project in Franklin and
                Licking Counties, Ohio....................
 2924       CT Enfield, Connecticut Make improvements to      $1,910,000
                South Maple Street Bridge.................
 2925     NY   Conduct studies, if necessary, and             $2,000,000
                construct infrastructure projects for
                Governor's Island.........................
 2926     NY   Harlem River Park and Bikeway..............    $1,000,000
 2927       CT Make Improvements to Plainfield Cemetary         $300,000
                Road......................................
 2928      SC  Construct grade separation and interchange     $1,000,000
                improvements at U.S. 521, Lancaster County
 2929     NJ   Replacement of the Magnolia Avenue Bridge      $1,000,000
                over Route 1 & 9..........................
 2930     IL   Resurfacing and restriping Euclid Ave            $300,000
                between Walnut Ave and Douglas Ave in
                Arlington Heights.........................
 2931     MI   Resurfacing of Frazho Road in Roseville....    $1,280,000
 2932       CA Construct 213th Street pedestrian bridge to    $1,000,000
                provide safe passage for pedestrians and
                wheelchairs, Carson.......................
 2933     MO   Conduct impact studies for Missouri River      $5,000,000
                Bridge siting in Kansas City, MO..........
 2934       CA Construction of Lenwood Road Grade             $1,500,000
                Separation in Barstow, CA.................
 2935     PA   Improvements to Frankford Avenue from          $1,250,000
                Cottman Avenue to Harbison Avenue.........
 2936     IN   Revelop Hazeldell Road, Hamilton County,         $500,000
                Indiana...................................
 2937     AK   Road Improvements and upgrades to service      $5,000,000
                road areas and miscellaneous projects
                within Northstar Borough..................
 2938     OH   Rehabilitation or replacement of highway-        $610,000
                rail grade separations along the West
                Central Ohio Port Authority route in
                Champaign and Clark Counties..............
 2939     MI   Otsego County, Resurfacing and widening of       $368,000
                Parmater Rd...............................
 2940     WA   Realign West Main Street through Kelso.....    $2,000,000
 2941     TN   Reconstruct State Route 109 from I-40 in       $1,000,000
                Wilson County to Portland in Sumner County
 2942     PA   Redesigning the intersection of US322/High     $1,000,000
                Street and Rosedale Ave...................
 2943     DE   Replacement of the Indian River Inlet          $4,000,000
                Bridge, Sussex County Delaware............
 2944     FL   Construct link from I-95 to I-10 through       $3,000,000
                Clay County with terminus points SR23 to
                CAR739B...................................
 2945     MN   Construct ramps and new bridge over              $900,000
                Interstate 35 at CSAH 17, and reconstruct
                CSAH 17 from west County Line to CSAH 30,
                Chisago County............................
 2946       CT Conduct multi-modal study of Route 8           $1,000,000
                corridor between Beacon Falls-Seymour town
                line and exit 40..........................
 2947     AR   Hwy 65 improvements in Van Buren County,       $1,200,000
                including construction of passing lanes,
                bridge improvements, intersection
                improvements and other roadway
                improvements..............................
 2948     AZ   Construct sidewalks along White Spar Road -      $500,000
                Prescott, AZ..............................
 2949     NY   Construction of Pedestrian and Bike Trail        $500,000
                campus access & improvements, St.
                Bonaventure, NY...........................
 2950     NY   Eastern Laurelton Area Improvements,           $8,600,000
                Queens, New York..........................
 2951     NY   Bicycle and pedestrian safety improvements,    $1,200,000
                Main Street, Riverhead....................
 2952     AL   Construct County Road 83 corridor from        $10,000,000
                Foley Beach Express to I-10...............
 2953     PA   Design and construct improvements to PA 465    $3,870,500
                from Walnut Bottom Rd. to PA 641 and at I
                81 Exit 44................................
 2954     IL   Reconstruct and Widen Route 60 Bridge over     $8,000,000
                I-94 in Lake Forest.......................
 2955     VA   Improve Downtown Staunton, Virginia,           $1,500,000
                Streetscape...............................
 2956     PA   Route 322 Halls Run Upgrades from the          $1,700,000
                intersection of Horsecreek Road to
                Mapleshade Road -Venango County...........
 2957     PA   Design, engineering, ROW acquisition &         $2,500,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Wilkes-Barre...........................
 2958     IN   SR56 Reconstruction, Aurora, Indiana.......    $5,120,000
 2959     MI   Study and implement transportation system      $4,000,000
                alternatives in the vicinity of US31/M46..
 2960     MA   Longfellow Bridge Rehabilitation...........    $2,500,000
 2961     IL   For Village of Bolingbrook to construct          $500,000
                Remington Blvd. extension.................
 2962     AZ   Construction of Rio Salado Pedestrian          $3,000,000
                Bridge in Tempe, AZ.......................
 2963     MI   Study to determine replacement options for     $4,000,000
                obsolete and structurally deteriorating
                bridge (Trenton- Grosse Ile Bridge)
                including approach roadways, Charter
                County of Wayne...........................
 2964     PA   Mount Joy Bridge Replacement on Route 230..      $250,000
 2965       CA Modifies 9 traffic signals between Willow        $300,000
                Road and Middlefield Road and Hamilton
                Avenue, Menlo Park........................
 2966     OH   Summit County Engineer Reconstruct Access        $500,000
                Roads to Cuyahoga Valley National Park....
 2967     OR   To study the feasibility of widening Hwy 26    $1,000,000
                from the Hwy 217 interchange to the
                Cornelius Pass exit.......................
 2968     GA   Athens-Clarke County Greenway Enhancement      $2,320,000
                Project...................................
 2969     WA   Improve Wahkiakum County Ferry landing.....      $200,000
 2970     IL   Irving Park Bridge over the Chicago River..    $4,000,000
 2971     MI   Design, right-of-way and construction of       $2,200,000
                passing relief lanes and improvements
                necessary on M-55, between M-37 and M-115.
 2972     NE   Design, right-of-way and construction of       $3,000,000
                South and West Beltway in Lincoln,
                Nebraska..................................
 2973     TX   Tower 55 CMAQ Congestion and Preliminary       $2,000,000
                Engineering Study.........................
 2974     NY   Town of Chester Lake, Hill Farms                 $150,000
                subdivision road improvements.............
 2975     MN   Improvements on TH 169 east and west of        $2,216,000
                East Two Rivers Crossing and TH 135 from
                Enterprise Drive to TH 169................
 2976     IN   Reconstruct Standard Avenue, Whiting.......    $1,300,000
 2977     TX   Barron Rd. Interchange at SH6 (Earl Rudder     $3,000,000
                Freeway) College Station..................
 2978       CA Develop conceptual master plan to improve        $215,000
                the efficiency of transportation
                facilities, Covina........................
 2979     PA   Transportation enhancements along the          $1,000,000
                Delaware Canal between Yardley, PA and
                Bristol, PA...............................
 2980     VA   Upgrade DOT crossing #467661K to constant        $171,700
                warning time devices......................
 2981     UT   Add lighting on Highway 262 on the Navajo        $175,000
                Nation in Aneth...........................
 2982     VA   Chestnut Mountain Road--feasibility study,       $500,000
                design and construction start for road
                improvement on National Forest lands......
 2983     MI   Construction of roads and trails Humbug        $1,100,000
                Marsh Unit Linked Greenways System,
                Detroit International Wildlife Refuge.....
 2984     TX   Construct access road connecting Port of       $3,120,000
                Beaumont property on east bank of Neches
                River to I-10 access road east of the
                Neches River..............................
 2985     AR   Develop U.S. Highway 71 (I-49) to              $3,160,000
                Interstate standards on new location
                between Mena, AR and LA state line........
 2986      SC  Lexington County, widen US 1 and SC 6, and     $2,000,000
                improve US 1, SC 6, and US 378............
 2987     IL   Midlothian Road Signalization, Lake Zurich.      $600,000
 2988     VA   Glen Alton--design and construction of         $1,000,000
                recreation trails, access and visitor
                information center........................
 2989     MI   Expansion of Cass Avenue in Clinton            $9,194,000
                Township..................................
 2990       CO Bromley Lane and US 85 interchange             $1,000,000
                feasibility study and construction of
                needed improvements.......................
 2991     MD   Constructing Chestertown Trail,                  $300,000
                Chestertown, MD...........................
 2992     IL   Eastern Peoria Bypass......................    $3,000,000
 2993     VA   Conduct planning and engineering for Mayo      $2,000,000
                Bridge in Richmond........................
 2994     NY   Elevation of road and construction of            $620,000
                drainage improvements on Sequams Lane
                Center and Sequams Lane West in the Town
                of Islip, NY..............................
 2995     NM   Improvements to San Juan County Road 7950..    $1,000,000
 2996     WA   116th St/Interstate 5 Interchange              $1,000,000
                Reconstruction in Marysville..............
 2997      SC  Construction of public roads at the            $5,000,000
                International Center for Automotive
                Research and reconstruction of Fairforest
                Way in Greenville, South Carolina.........
 2998     PA   Provide 4 through-lanes on PA100 by            $5,000,000
                constructing two thru lanes to the east of
                Ludwigs Corner............................
 2999     PA   Completion of construction of final 2 ramps    $2,000,000
                of I-79 interchange with Parkway West;
                widening of 1 mile of Parkway West leading
                to ramps..................................
 3000       CA Diamond Bar, CA Grand Avenue Rehabilitation    $1,600,000
 3001     NY   Reconfigure intersection of Ridge Street         $725,000
                and Hallocks Mill Road & install new
                traffic signal............................
 3002     WA   Guard Street Reconstruction Project in           $800,000
                Friday Harbor.............................
 3003       CO Roadway widening and interchange rebuilding    $4,000,000
                on I-225 from I-70 to Parker Road.........
 3004     PA   Roosevelt Boulevard improvements by the        $2,500,000
                Pennsylvania Department of Transportation.
 3005     MN   Construct Paul Bunyan Trail Walker to            $700,000
                Bemidji Segment...........................
 3006     HI   Upgrades to Farrington Highway.............    $1,000,000
 3007     KY   US 41A Phase II Design and Right of Way....    $3,000,000
 3008     NM   US 54 Corona, Tularosa, and Vaughn Bridges     $1,000,000
                Replacement and Rehabilitation............
 3009     OH   Construction of access road along east side    $1,000,000
                of SR 8 in Summit County, OH..............
 3010     TX   US281 from Brooks County Line to FM 3066,      $2,000,000
                Brooks County.............................
 3011     FL   Construction of an interchange at Florida's    $5,538,959
                Turnpike & Stirling Rd. in Broward County.
 3012     NY   Construction of the City of Watertown          $2,500,000
                Streetscape Enhancement Project...........
 3013     IL   Install countdown devices on pedestrian          $500,000
                crossing signals on US Routes 12/20 and 50
                in Oak Lawn...............................
 3014     NY   Install Improvements for Pedestrian Safety       $250,000
                in the vicinity of St. Roberts Bellarmine.
 3015     NY   Rebuild Queens Plaza, a 250-foot wide          $8,000,000
                roadway on the eastern end of the
                Queensborough Bridge......................
 3016     PA   Upgrade circuit for gates and lights at          $275,000
                Seventh Street in Emmaus, PA USDOT
                crossing number 592401H to constant
                warning time devices......................
 3017     UT   SR-158 Improvements, Pine View Dam, Weber      $1,100,000
                County, Utah..............................
 3018       CA Valley Boulevard Capacity Improvement          $2,000,000
                between 710 Freeway and Marguerita Avenue,
                Alhambra..................................
 3019     IL   Offramp and overpass from I-57 outside of      $5,000,000
                Marion and necessary connector roads......
 3020     AK   Construction of and improvements to roads      $3,000,000
                at Alaska Pacific University..............
 3021      SC  Upgrade of the I-95/SC 327 Interchange near    $7,500,000
                Florence..................................
 3022       CA Valley View/Stage Grade Separation Project,      $900,000
                La Mirada and Santa Fe Springs, California
 3023     OR   Renewal of Wooden Bridge West of Albany....    $8,000,000
 3024     MI   Northville, Taft Road from 8 Mile North to       $500,000
                city limits...............................
 3025     NY   Village of Pawling Rehabilitation of             $100,000
                Grandview Ave from Lakeside to end........
 3026     SD   Regrade and resurface BIA Route #5 south of    $1,500,000
                Dupree on the Cheyenne River Reservation..
 3027     FL   Church Street Improvements, Orlando........   $13,000,000
 3028     MI   Walled Lake, Widen Maple Road, west of           $125,000
                Decker to Welch...........................
 3029     AR   Washington County, Arkansas--replace and         $800,000
                rebuild Tilly Willy Bridge................
 3030     AR   Russellville Intermodal Facility construct     $2,000,000
                access roads from AR Hwy 247, purchase
                Right-of-Way..............................
 3031     TX   Construct IH 30 Monty Stratton Parkway         $1,000,000
                Interchange in Greenville, TX.............
 3032     PA   Design and Construction of Portzer Road        $2,000,000
                Connector, Bucks County...................
 3033     IL   For Plainfield Township Park District to         $100,000
                construct DuPage River Bike & Pedestrian
                Trail linking Grand Illinois, Midewin, &
                I&M Canal Trails..........................
 3034     TX   Pedestrian Path and Sidewalk Improvements        $500,000
                along US 83 in Rio Grande City............
 3035     MS   Upgrade roads at Tougaloo College..........      $500,000
 3036     IL   Washington Street Widening, Gurnee.........    $3,360,000
 3037     LA   Belle Chasse Tunnel........................      $500,000
 3038     FL   Implement Busch Boulevard corridor             $2,500,000
                improvements to improve safety in Tampa...
 3039     MI   Construction of Pittsfield Greenways             $201,000
                Bridge--nonmotorized bridge enhancement
                onto existing Bemis Road Bridge,
                Pittsfield Charter Township...............
 3040      NC  North Carolina. Repair and improve safety      $8,000,000
                features on US Hwy 19 from Maggie Valley
                to Cherokee...............................
 3041      NC  Northern Loop Project, City of Wilson......    $1,000,000
 3042     OR   Weaver Road Extension and Bridge Project,     $17,500,000
                Douglas County............................
 3043     MI   Complete 58 miles of White Pine Trail from     $1,500,000
                Grand Rapids to Cadillac..................
 3044     NY   Elmira Congestion Mitigation...............    $2,000,000
 3045     IL   Improve Roads and Bridges, Cicero..........    $1,500,000
 3046     MI   John-Daly Road Reconstruction--2.5 miles       $2,500,000
                from northern city limit to southern city
                limit, Inkster............................
 3047     UT   Construct pedestrian safety project on the       $325,000
                Navajo Nation in Montezuma Creek..........
 3048     MD   Construct MD5, Hughesville Bypass..........   $10,000,000
 3049     OH   Repair & Construct Rock Spring Bridge,           $500,000
                Portage County............................
 3050     RI   Replace I-195 Washington Bridge Eastbound..    $2,000,000
 3051     UT   Bear River Migratory Bird Refuge Access        $4,000,000
                Road Improvements, Box Elder County, UT...
 3052     MA   Reconstruction of Union St. and Rt. 138W,      $1,720,000
                Holbrook..................................
 3053     MI   Replacement of the interchange at 44th         $9,000,000
                Street and U.S. 131 in Grand Rapids.......
 3054     OH   Construct interchange improvements at SR 46    $1,000,000
                and 82 in Howland Township, Trumbull Co...
 3055     GA   Widen and construct US 84 Connector Bypass     $2,000,000
                from west of US 84 SR 119 west of
                Hinesville to US 84 SR 196 south of
                Flemington, Liberty County, Georgia.......
 3056     IL   Project is a stand-alone roadway               $1,000,000
                improvement consisting of the complete
                reconstruction of the roadway, The Village
                of Forest Park............................
 3057     MI   Jackson Freeway Modernization Project. I-94   $15,000,000
                Modernization Project from Michigan State
                Route 60 [M60] easterly to Sargent Road...
 3058     VA   Smart Travel and Traffic Management Systems      $300,000
                in Salem and Staunton District, Virginia..
 3059     OH   Construct Great Miami River Multi-Use          $1,270,000
                Trail, Miami County, Ohio.................
 3060      DC  Rock Creek Recreational Trail study to         $1,000,000
                assess feasibility of constructing
                recreation trail..........................
 3061     MI   Study road runoff in Little Black Creek          $400,000
                between U.S. 31 and Seaway Drive..........
 3062       CA Conduct environmental review of proposed         $500,000
                improvements related to the connection of
                Dumbarton Bridge to Highway 101...........
 3063     NY   Construction of and improvements to Union      $1,000,000
                Road in West Seneca.......................
 3064     WI   Upgrade I-43 between State Highway 140 and     $3,000,000
                East County Line in Rock County, Wisconsin
 3065     NJ   Separation of the intersection of 13th           $555,000
                Street and the Lehigh Rail Line through
                bridge or tunnel in Manville, NJ..........
 3066       CA Construct parking facility and improve           $377,500
                access to Imperial Valley Expo............
 3067       CA Develop bicycle paths and pedestrian access      $300,000
                to Third Avenue, Chula Vista..............
 3068     IL   Upgrade County Highways 18 and 22 in           $2,000,000
                conjunction with state I-57 interchange
                plan north of Mattoon.....................
 3069       CA Widen & Reconfigure Sepulveda & Culver         $2,740,000
                Boulevards, Culver City...................
 3070     OH   Construct interchange or other appropriate     $6,935,000
                access on IR 70 west of existing mall road
                exit in Belmont County....................
 3071     AZ   Widen and expand the existing roadway and      $4,000,000
                railroad overpass in the Houghton Road
                Corridor..................................
 3072     OK   Construction of Duncan Bypass Grade            $3,000,000
                Separation................................
 3073      SC  Pine Needles Widening & Bridge Replacement.    $3,000,000
 3074       CA Olsen Road widening and roadway improvments    $2,000,000
                in Simi Valley, California................
 3075     GA   Streetscape project to upgrade sidewalks,        $500,000
                lighting and streets, Jeffersonville......
 3076     NY   Implement Diamond Grinding Measures on I-        $700,000
                95, I-278, Mosholu Parkway, I-495, Grand
                Central Parkway, and Richmond Parkway.....
 3077     MD   Upgrade Conduit System for Traffic Signal      $1,300,000
                Systems, Street Lighting, and Traffic-
                related Video Cameras for Baltimore.......
 3078     WA   5th Street/US 2 Signalization Improvements       $100,000
                in Sultan.................................
 3079     WI   Implementation of recommendations contained      $600,000
                in 2005 Safe Routes to School in Superior
                plan......................................
 3080     LA   Widen and improve LaPlaco Boulevard from       $4,000,000
                Bayou Segnette to US90, Jefferson Parish..
 3081     NY   Realign Kirk Lake Drive in Carmel..........      $110,000
 3082     NY   Town of Somers road reconstruction.........      $500,000
 3083     OH   Upgrade grade crossing safety devices in         $952,000
                Elyria and North Ridgeville...............
 3084     MS   Widen and improve Martin Bluff Road,           $3,000,000
                Gautier...................................
 3085       CA Widen and reconstruct Washington Blvd from     $3,000,000
                westerly city boundary at Vernon to I-5
                Fwy at Telegraph Rd in Commerce...........
 3086       CA San Diego, CA Interstate 5, Sorrento Valley    $2,000,000
                Road and Genesee Avenue Interchange
                Project...................................
 3087     OR   Widen I-5 between Portland, Oregon and         $4,750,000
                Vancouver, Washington.....................
 3088     LA   North-South Corridor from Houma/Thibodaux      $5,000,000
                to I-10...................................
 3089     GA   Warren County I-20 Frontage Road...........    $3,000,000
 3090     KY   Widen KY 11 from US 460 to the Mt. Sterling    $2,500,000
                Bypass, Montgomery County.................
 3091     OH   Traffic and safety improvements to county      $1,070,000
                roadways in Geauga County, OH.............
 3092       CA Develop bicycle paths and public park space    $5,000,000
                adjacent to the New River, Calexico.......
 3093     TN   Construction of the Foothills Parkway in       $7,500,000
                the Great Smoky Mountains National Park...
 3094     PA   Improvements to Torresdale Avenue from         $1,250,000
                Harbison Avenue to Cottman Avenue.........
 3095     GA   Butner Road and Stonewall Tell Road, Fulton    $1,000,000
                County....................................
 3096     OH   Construction of highway-rail grade             $1,250,000
                separations at intersections in Lima to
                improve motorist and pedestrian safety....
 3097     OR   Siuslaw River Bridge, Florence.............    $4,250,000
 3098       CA Construct Cypress Avenue over-pass to          $3,000,000
                separate Interstate 10 and Union Pacific
                Railroad tracks in Fontana................
 3099       CA Modify and reconfigure Kanan Road              $5,000,000
                interchange along US101 in Agoura Hills...
 3100     OH   Upgrade and widen intersection for SR 14 in    $1,000,000
                Washingtonville...........................
 3101     NM   Upgrade NM 434 from Mora north to Black        $1,500,000
                Lake......................................
 3102     NJ   Upgrade of Turnpike/Route 440 Interchange      $4,000,000
                in Bayonne................................
 3103     LA   Widen LA 18 from Northrup Grumman/Avondale     $2,500,000
                Shipyards to US 90, Jefferson Parish......
 3104     PA   Widen PA 896 between Strasburg Borough and     $1,000,000
                US 30.....................................
 3105     MI   Eliminate major roadway on Cleary                $500,000
                University campus and establish a new
                roadway...................................
 3106     PA   Reconstruction of 11 mile segment of the         $500,000
                Lower Trail between Williamsport and Mt
                Edna, Blair County, Pa....................
 3107     KY   Construction of interchange connecting         $1,000,000
                US31W to I65 at mile marker 32 in Warren
                County....................................
 3108     AS   Drainage mitigation for Pago Pago village      $1,000,000
                roads.....................................
 3109      NC  Install Sugar Creek Grade Separation.......    $3,000,000
 3110     LA   Improvements to LA46 in St. Bernard Parish.      $400,000
 3111     IN   Construct Hoham Drive Extension in               $500,000
                Plymouth, Indiana.........................
 3112     OR   Construct turn lane on Gateway Boulevard,         $90,000
                Cottage Grove.............................
 3113     TN   Replace Unitia Bridge in Loudon County, TN.      $900,000
 3114     VA   Replacement of Robertson Bridge in Danville    $5,450,000
 3115     MA   Public Improvements to Springfield Symphony      $300,000
                Hall......................................
 3116     NY   Realign Union Valley Road in Town of Carmel      $550,000
 3117     NY   Village of Pawling Improvements to               $125,000
                Reservoir Road from State Rt 22 to
                Prospect St...............................
 3118     MS   Build connector between SR 609 and State       $3,000,000
                Highway 15 near I-10, Jackson and Harrison
                Counties..................................
 3119       CO I-70 West Mountain Corridor, Denver to         $4,000,000
                Garfield County...........................
 3120       CA Completion of Interstate 5 and Interstate 8    $6,000,000
                Connectors, San Diego.....................
 3121     FL   Construct US 1 interchange at CR 210, St.      $6,600,000
                Johns County, Florida.....................
 3122     OH   Construct roadway improvement project along      $250,000
                State Routes 37 and 78 through Fairfield,
                Perry, Morgan, Noble, Monroe Counties.....
 3123     IL   Construct I-57 Bridge Overpass, City of          $600,000
                Markham...................................
 3124     NJ   Design, plan and build a permanent               $500,000
                pedestrian/bicycle path along the banks of
                the Elizabeth River.......................
 3125     NJ   Improve the US Interstate 78 Interchange at    $1,000,000
                exit 15 in Franklin Township, Union
                Township, and Town of Clinton.............
 3126       CA Reconstruct Rosecrans Av. and construct bus      $400,000
                pads from Garfield Av. to Century Bl. in
                Paramount.................................
 3127     TN   Bristol, Tennessee highway-RR crossing           $100,000
                grade improvement--USDOT#731120J..........
 3128       CO Glenwood Springs South Bridge (new, off-       $6,500,000
                system bridge)............................
 3129     NJ   Improvements of Newark and First Streets in      $300,000
                Hoboken...................................
 3130     OH   Construct I-70 interchange at Burnett Road,    $1,250,000
                Springfield...............................
 3131     MN   Construction of Gitchi-Gami State Trail        $1,500,000
                from Silver Bay to Tettegouche State Park.
 3132       CA Improvements/Widening of SR 99 from Goshen     $6,200,000
                to Kingsburg in Tulare County, California.
 3133       CA Design and implement Harbor Boulevard ITS      $1,000,000
                in Garden Grove...........................
 3134     WI   Complete the Glacial Drumlin Trail, from         $300,000
                Madison to Waukesha.......................
 3135     PA   Design and construct turn lanes, signal          $580,000
                upgrades and improvements at PA 34 and 174
                intersection..............................
 3136     PA   Design, engineering, ROW acquisition &           $200,000
                construction of streetscapping
                enhancements, paving, lighting, safety
                improvements, parking & roadway redesign
                in Wright Township, Luzerne County........
 3137     PA   I-70-I-79 South Interchange Redesign and       $2,000,000
                Upgrade...................................
 3138     PA   Chicora, PA Butler County, PA Rail Bridge      $1,200,000
                Replacement Project.......................
 3139       CA Improve Access Road to Beale Air Force Base    $3,750,000
                (Smartville Road).........................
 3140       CA Interstate 215, Los Alamos Road Interchange    $2,000,000
                Project...................................
 3141     NE   Missouri River Bridges between US-34, I-29     $4,200,000
                in Iowa and US-75 in Nebraska.............
 3142     AL   Huntsville Southern Bypass planning and        $3,000,000
                engineering...............................
 3143     MO   Redesign and reconstruct I-170 interchange       $400,000
                at Ladue Rd...............................
 3144     NY   Construct Interstate 87 Exit 3 Airport         $3,000,000
                Connector in Albany.......................
 3145       CA Citywide traffic signal upgrades requiring       $500,000
                the installation of hardware and software
                at 9 major intersections, Palo Alto.......
 3146     OH   Construct replacement of Morgan Township       $3,300,000
                Road 209 between SR 60 and SR 78 in Morgan
                County....................................
 3147     GU   Construct Route 3A Extension, Municipality     $3,000,000
                of Yigo...................................
 3148     NY   Construct the Setauket/Port Jefferson          $5,000,000
                Greenway Trail Project....................
 3149     AR   Develop a railroad overpass connecting U.S.    $2,640,000
                Highway 67 and U.S. Highway 371 in
                Prescott..................................
 3150     FL   Construct SR 312 Extension Bypass, St.         $5,300,000
                Johns County, Florida.....................
 3151     GA   Construct Welcome Center, and pedestrian         $500,000
                trail, Abbeville..........................
 3152     VA   Improve Erickson Avenue and Stone Spring         $750,000
                Road connection...........................
 3153     TX   Reconstruct Loop 12 IH 35E and SH 183 west     $5,000,000
                extension to MacArthur, Irving, Texas.....
 3154     OR   Completion of the first of three phases of     $4,800,000
                trails in the Regional Trails Program.....
 3155     MN   Construct bridge for Paul Bunyan Trail over    $1,500,000
                Excelsior Road, Baxter....................
 3156     KY   Reconstruct US-127 at the US-127 and US-127      $600,000
                North Bypass, Mercer County...............
 3157       CA Rehabilitate street surface of Addison St.        $47,000
                between Kester Ave. and Lemona Ave........
 3158     IL   City of Springfield, IL for improvements to      $952,572
                Cockrell Lane.............................
 3159     OH   Repair/Construct Mill Street Bridge, Akron.    $1,800,000
 3160     MI   Resurface Caseville Road in Huron County...      $192,000
 3161     PA   River Trail and Esplanade Development at         $750,000
                the Southside Riverfront Park.............
 3162     IL   Construct access roads to National Great       $1,400,000
                Rivers Research Center....................
 3163     IL   Construct Roadway from Mississippi River       $1,750,000
                Barge Dock to IL Rt 3-IL Rt 157, Cahokia..
 3164     PA   Context Sensitive Design Elements for the      $1,000,000
                Market Street Bridge, Lycoming County, PA.
 3165     NY   Implement Pedestrian Safety Improvements on      $500,000
                Queens Boulevard..........................
 3166     NV   Design and construct interchange on I-15       $1,000,000
                from mile post 117.5 to mile post 118.5 in
                Mesquite..................................
 3167       CA Construct grade separations at Washington        $500,000
                Ave & UPRR crossing east and Washington
                Ave & La Cadena Drive in Colton...........
 3168     MD   Intercounty Connector......................    $6,000,000
 3169     MA   Charlemont Bridge, Route 2, Charlemont.....    $4,800,000
 3170     MN   CSAH 47 rehabilitation from 165th Ave to TH      $440,000
                25, Morrison County.......................
 3171     MS   Improve Old Augusta Road and construct         $3,500,000
                Kaiser Road, Perry County.................
 3172     PA   Reconstruction of US30 from PA10 to            $5,000,000
                Business US30 including travel lanes,
                shoulders, etc............................
 3173     NY   Route 78 (Transit Road), Genesee Street to     $3,000,000
                Main Street, Towns of Amherst, Cheektowaga
                and Clarence in Erie County...............
 3174     NY   Southtowns Connector--Construct               $10,000,000
                improvements to NY Route 5 from Coast
                Guard Base to Ohio Street, including
                Fuhrmann Boulevard........................
 3175       CA SR 91 I 605 Needs Assessment Study,               $16,000
                Whittier, CA..............................
 3176     GA   SR70/Fulton Industrial Boulevard widening      $1,500,000
                from Camp Creek Parkway to the SCL RR,
                Fulton County.............................
 3177     MO   Ste. Genevieve Co., Missouri Rt. 61 bridge     $1,500,000
                replacement over Establishment Creek......
 3178     MN   Construction of intersection at County Road    $1,000,000
                5 and TH13 in City of Burnsville..........
 3179     GA   SR 307 overpass over Georgia Port Authority    $4,000,000
                rail line, Savannah.......................
 3180     MO   Study railroad reconfiguration to eliminate    $1,000,000
                highway crossings in and around
                Springfield, MO...........................
 3181      NC  Construct relocated NC 16 in Lincoln and       $1,000,000
                Catawba Counties, NC......................
 3182     IL   Construction of highway approaches to the      $1,600,000
                Sullivan Road bridge in Aurora, IL........
 3183     IL   Engineering and construction of 15.1 mile      $1,000,000
                Alliance trail between Lock 14 in LaSalle
                and Lock 2 in Bureau Junction.............
 3184       CA Construct parking facility and improve         $1,000,000
                museum pedestrian access from trolley
                station, San Diego........................
 3185     PA   Relocation and upgrade of Beaner Hallow Rd,    $1,650,000
                Beaver County, PA.........................
 3186     MN   TH36-Stillwater Bridge; Acquisition of ROW.    $5,000,000
 3187     IL   To construct Veterans Memorial Drive           $1,000,000
                Extension. Will link Mt. Vernon on the
                east side of I-57 with incorporated area
                lying west................................
 3188     MN   I-494 US169 Interchange Reconstruction,        $5,000,000
                Twin Cities Metropolitan Area, Minnesota..
 3189     AL   Jackson County Industrial Park Access Road,    $1,000,000
                Hollywood.................................
 3190     FL   4 lane Archer Road from SW 62nd to SW 24th     $3,000,000
                Ave., Gainesville.........................
 3191     AK   Construct access road and a bridge crossing    $3,000,000
                the Naknek River terminus points in South
                Naknek-King Salmon Highway................
 3192     NY   Route 303 Orangeburg Road and Route 340 and    $1,000,000
                Erie Street intersection..................
 3193     MS   Upgrade roads in Port Gibson (U.S. Hwy 61),      $400,000
                Claiborne County..........................
 3194     GA   Construct Horsestamp Road Interchange on I-    $1,000,000
                95 in Camden County, Georgia..............
 3195     MO   Upgrade Route 94 in St. Charles County from   $11,000,000
                East of Harvester road to West of Mid-
                Rivers Drive..............................
 3196     OH   Upgrade Rt. 665 Bridge over I-71 and widen     $5,000,000
                I-71 between Rt. 665 and I-270 by one lane
                in each direction in Grove City, OH.......
 3197     NY   Village of Highland Falls repaving and            $75,000
                sidewalk construction of Berry Hill Road..
 3198     PA   Westmoreland County, Pennsylvania, four        $2,000,000
                lane limited access facility connecting
                State Road 119 to the Pennsylvania
                Turnpike (Sony Connector).................
 3199     NJ   Edison National Historic Site Traffic            $240,000
                Improvement Project to improve traffic
                flow and promote safety...................
 3200     IL   Construction of Eldamain Road over the Fox     $2,500,000
                River.....................................
 3201       CA Construction of a traffic signal at the          $125,000
                intersection of Oso Ave. and Vanowen St...
 3202     OR   Reroute U.S. 97 at Redmond, OR and improve     $5,000,000
                the intersection fo U.S. 97 and Oregon 126
 3203       CA Widen & realign Cherry Avenue from 19th        $3,000,000
                Street to one block south of Pacific Coast
                Highway, Signal Hill......................
 3204     AR   Ft. Smith, Arkansas: Improvements to Jenny     $6,000,000
                Lind Rd. and Ingersoll Rd.................
 3205     OH   Widen Pearl Road in Strongsville...........    $1,000,000
 3206       CA Interstate 5 and State Route 78 Interchange    $4,000,000
                Improvements..............................
 3207     OK   Improvements to SH3 from Antlers to Broken     $6,250,000
                Bow.......................................
 3208     KY   Construct the Albany Bypass in Clinton         $5,000,000
                County....................................
 3209       CA Highway 74 and Interstate 215 Interchange      $1,000,000
                Project...................................
 3210      SC  Improve intersection and corridor on US 278   $10,000,000
                to improve safety. Poss build frontage
                roads widen road & change traffic controls
 3211     WA   Port of Bellingham Transportation              $2,500,000
                Enhancement Projects......................
 3212     OH   Rehabilitation of SR 53 from Miami St to       $1,000,000
                North city limits including approaches to
                the CSX railroad bridge, City of Tiffin...
 3213     OH   Upgrade U.S. Route 30 between State Route     $10,090,000
                235 and Upper Sandusky in Hancock and
                Wyandot Counties..........................
 3214     MN   Main Street streetscape reconstruction, 2nd    $1,900,000
                Street from Ash Ave. to State Hwy 2, and
                Grand Utley Ave from 2nd Street to 6th
                Street N. across State Hwy 2, Cass Lake...
 3215     NJ   Warren County, NJ Route 57 and County Route    $2,700,000
                519 Intersection Improvements.............
 3216     HI   Widen Queen Kaahumanu Highway..............    $3,000,000
 3217       CT Widen Route 34, Derby......................    $3,000,000
 3218     IN   Construction of County Road 17--Elkhart, IN    $3,000,000
 3219     PA   Widen Route 666 in Forest County...........    $1,000,000
 3220       CA Upgrade Jepson Parkway at North and South      $2,000,000
                Gates of Travis Air Force Base and widen
                Vanden Road segment, Solano County........
 3221       CT Widen Route 67, Seymour....................    $1,000,000
 3222     PR   Widen Route 835 to provide ready access to     $6,000,000
                Guaynado and facilitate housing,
                industrial, commercial, & recreational
                development...............................
 3223       CT Widen Canal Street, Shelton, CT............      $500,000
 3224     NJ   Construct CR 521-Ocean Drive & Middle          $2,000,000
                Thoroughfare Bridge Replacement, Cape May
                County....................................
 3225     OR   I-205 widening, Clackamas County...........    $2,000,000
 3226     OK   Construct interchange south of I-40 along        $250,000
                Indian Nation Turnpike near Henryetta.....
 3227     MO   Complete upgrade of U.S. 40-61 to              $2,000,000
                interstate status on two section, from I
                70 to Lake St. Louis exit and Highway K to
                Highway DD................................
 3228     TX   Abilene, TX, Dyess Air Force Base North        $5,600,000
                Entry Access Project with related
                improvements..............................
 3229       CA Construction and enhancements of trails in     $1,000,000
                the Santa Monica Mountains National
                Recreation Area...........................
 3230     KY   Construct South Airfield Road, Boone           $3,000,000
                County, Kentucky..........................
 3231     LA   Construction of pedestrian and bike path         $200,000
                adjacent to Tammany Trace Rails-to-Trails
                Corridor..................................
 3232     NY   Construction of pedestrian walkways in           $100,000
                Village of Northport......................
 3233     NV   Design and Construction of I-80 interchange    $1,000,000
                in Fernley................................
 3234     OH   Eastgate Area Improvements,I-275 & SR 32,      $3,600,000
                Clermont County...........................
 3235     PA   Pennsylvania Turnpike-Interstate 95            $4,000,000
                Interchange Project, Bucks County, PA.....
 3236     GA   Commission a study & report regarding            $400,000
                construction & desgnation of a new
                Interstate linking Augusta, Macon,
                Columbus, Montgomery, & Natchez...........
 3237       CT Construct Shoreline Greenway Trail, Madison    $1,000,000
 3238     NE   New roads and overpasses to relieve            $3,000,000
                congestion and improve traffic flow -
                Antelope Valley --Lincoln, NE.............
 3239       CA Reconstruct Atlantic Av. and improve           $3,250,000
                drainage from Ardmore St. to Imperial Hwy.
                in South Gate.............................
 3240     SD   Construct Railroad Underpass on Hwy 35 in      $1,100,000
                Pierre....................................
 3241     AR   I40-Highway 89 Interchange.................    $3,000,000
 3242     WA   Kent, WA Willis Street UP Railroad Grade         $500,000
                Separation Project........................
 3243     IL   Replace Interstate 74 Bridge, Moline.......    $4,000,000
 3244       CA Implement SFgo Van Ness Corridor               $5,000,000
                Improvements..............................
 3245      NC  Battleground Avenue Rail to Trail Project,     $1,000,000
                Guilford County, NC.......................
 3246     IL   Construction of an Extension of Atkinson       $6,000,000
                Road to Intersect with IL 120 and IL 137..
 3247     OH   I-70,I-71 Split reconfiguration, Columbus..    $5,000,000
 3248     MI   Delta County, CR 186 from M-35 at Brampton       $240,000
                to US2 and US41-bituminous overlay with
                super elevation, correction, curb, and
                gutter....................................
 3249     TN   Niota, TN Improving Vehicle Effiecies at At-      $99,000
                Grade highway-Railroad Crossings..........
 3250     NY   Construct access to the NYS Thruway--          $1,500,000
                Montezuma National Wildlife Reserve.......
 3251     MN   Corridor design work, I-94 and Radio Drive,      $500,000
                Woodbury, MN..............................
 3252     TN   Develop trails, bike paths and recreational      $250,000
                facilities on Brady Mountain, Cumberland
                County for Cumberland Trail State Park....
 3253     WA   Access Downtown Phase II: I-405 Downtown      $11,500,000
                Bellevue Circulation Improvements.........
 3254     PA   Reconstruct PA Route 274, at PA Route 11/      $1,000,000
                15, Duncannon.............................
 3255     PA   Road and pedestrian improvements and           $1,500,000
                reallignment, through construction, in
                York City NW Triangle.....................
 3256     NY   Rockland County highway railroad grade         $1,750,000
                crossing safety improvements..............
 3257     OH   Calm traffic on Greenfield St in City of       $1,700,000
                Tiffin and improve intersection of
                Greenfield St with Routes 18 and 101......
 3258     IA   Construction of NW 26th St interchange on I    $1,000,000
                35, Polk Co...............................
 3259     NY   To conduct scoping studies along proposed      $5,000,000
                Northern Tier Expressway..................
 3260     IL   Undertake Traffic Mitigation and               $2,000,000
                Circulation Enhancements on 57th and Lake
                Shore Drive, Chicago......................
 3261     IL   For the the construction of a highway on       $1,250,000
                new alignment to create a cross town route
                across Godfrey............................
 3262     MI   Construct Industrial Park Service Road and       $494,000
                Caine Road Bridge Replacement. Village of
                Millington, Tuscola County................
 3263     TX   Loop 281 Mobility and Safety Improvements,     $1,680,000
                Longview, TX..............................
 3264     TX   Upgrade Fulghum Road Bridge on I-45 in         $3,100,000
                Dallas County (TX) to provide safety and
                access for expanded intermodal traffic....
 3265     MN   Edge of Wilderness Discovery Center,             $471,000
                Marcell...................................
 3266     IN   Construction of Star Hill Road, Clark          $2,215,000
                County, Indiana...........................
 3267     TN   Plan and construct a bicycle and pedestrian      $400,000
                trail, Shelbyville........................
 3268     TX   Construct Park Row bypass from Texas State     $2,000,000
                Highway 6 to the Eldridge Parkway in
                Houston, TX...............................
 3269       CA Implement Northwest San Fernando Valley        $3,056,000
                Road and Safety Improvements..............
 3270     KY   Construct two bridges across the Ohio River   $14,000,000
                from Louisville to southern Indiana.......
 3271     ME   Construction of the Gorham Village Bypass,    $11,220,000
                Gorham....................................
 3272     OK   Reconstruction of the I-40 Crosstown          $14,000,000
                Expressway from I-44 to I-35 in downtown
                Oklahoma City, Oklahoma...................
 3273     MD   I-695, MD147 to I-695......................    $4,740,000
 3274      SC  Upgrade Hwy. 21 Bypass Grade Crossings.....    $1,000,000
 3275     MD   Upgrade MD 175 in Anne Arundel County          $1,000,000
                between MD 170 and the Baltimore
                Washington Parkway........................
 3276     OK   Construct and widen six lanes on Interstate   $10,000,000
                44 from the Arkansas River extending east
                approximately 3.7 miles to Yale Avenue in
                Tulsa, OK.................................
 3277     OR   North Bend Waterfront District Boardwalk         $992,000
                Construction..............................
 3278       CT Make Improvements to North Stonington, CT        $500,000
                Westerly, R.I. Pawcatuck River Bridge.....
 3279     VA   Construct improvements at I-264 Witchduck     $10,750,000
                Road interchange in Virginia Beach........
 3280       CA Construct Western Placerville Interchanges     $3,000,000
                on State Route 50.........................
 3281       CT Construction of Housatonic River Walk,         $1,000,000
                Shelton, CT...............................
 3282     NY   NYS Route 5, 8, 12 Interchange                 $1,000,000
                reconstruction: Town of New Hartford......
 3283     NY   Implement Improvements for Pedestrian          $1,000,000
                Safety in Bronx County....................
 3284       CA Improve West Adams Blvd Streetscape in West      $200,000
                Adams Historic District, Los Angeles......
 3285       CA Improve access from I-8 and construct          $1,000,000
                parking lot for the Imperial Sand Dunes
                Recreation Area Visitor's Center, Imperial
                Valley....................................
 3286     PA   Construction of low-impact, spine roadway     $10,000,000
                serving the North Delaware Riverfront
                corridor, City of Philadelphia............
 3287     AL   Construct interchange on I-59 between I-59     $3,000,000
                and 49th Street in Fort Payne, AL.........
 3288     FL   Coordinated Regional Transportation Study      $1,500,000
                of US 98 from Pensacola Bay Bridge,
                Escambia County, to Hathaway Bridge,
                Walton County, Florida....................
 3289     GA   Leesburg North Bypass from US 19 to SR 195,      $500,000
                Lee County................................
 3290     LA   Peters Road improvements in Plaquemines        $1,000,000
                Parish....................................
 3291     GA   Upgrade sidewalks, lighting, landscaping         $500,000
                from Cherry Street to Hampton Street,
                Industrial Park to Dooly Street, Montezuma
 3292     NY   Intermodal transportation facility just off    $1,000,000
                of the Bronx River Parkway's exit 6.......
 3293     GA   US 27 Reconstruction from Colquit to CR 279    $1,000,000
 3294     TX   Loop 180 (Project code 1190-01-035) in         $1,000,000
                Whitney, TX from FM 933/FM 1713 to FM 933S
                of Whitney................................
 3295     IA   US 30 widening, reconstruction in Story and    $2,300,000
                Marshall Counties, Iowa...................
 3296     TX   US 377 interchange construction (at B377       $1,500,000
                and Hwy 144) Hood Co......................
 3297     NY   Construct and improve pedestrian                 $500,000
                streetscapes along Sunrise Highway in
                Freeport..................................
 3298     IA   Construct Principal Riverwalk, Des Moines..    $4,000,000
 3299     NY   Construct access ramps to Rt. 32-6-17-CR       $8,000,000
                105 in Orange County......................
 3300     IL   Resurface Shawnee College Road, Pulaski        $1,250,000
                County....................................
 3301     MI   Canton, Pave Cherry Hill Rd. between Canton    $2,000,000
                Ctr., and Haggerty........................
 3302     AR   Springdale, AR--Improvements to Johnson        $7,000,000
                Road. From Hwy 412 to I-540 through
                Springdale and Johnson....................
 3303      NC  Environmental studies and construction of      $5,000,000
                Garden Parkway............................
 3304     AZ   US 60 and US 93 connection on the eastern      $2,000,000
                edge of central Wickenburg................
 3305     GA   Construction of I-575 HOV Lanes from Sixes     $1,000,000
                Road to S.R. 20, Cherokee County, Georgia.
 3306     WA   I-405-SR 167 interchange--rebuild the          $2,000,000
                interchange and add additional lanes to
                relieve congestion........................
 3307     MN   US10 corridor improvement between Blaine       $2,500,000
                and St. Cloud: design and ROW acquisition.
 3308       CA Walnut Grove at Broadway Intersection            $250,000
                Capacity Enhancements, San Gabriel........
 3309     KY   Widen and Reconstruct KY 698 at Mason Gap      $1,200,000
                Road, Lincoln County......................
 3310     OR   Medford, OR to construct sidewalks and         $1,000,000
                improve storm drainage and gutters for the
                City's Safe Walk Plan.....................
 3311     MN   Construct a pedestrian and bicycle bridge      $1,097,600
                across TH 169, Onamia.....................
 3312     NY   Improve Montauk Highway from CR46 to Barnes    $8,000,000
                Road, Suffolk County......................
 3313       CA San Diego, CA Construction of North Coast      $1,000,000
                Interstate 5..............................
 3314     AR   Study and construction of 8th Street, in       $3,000,000
                Bentonville, AR from Interstate 540,
                (including direct access to I-540) to SW
                Elm Tree Road.............................
 3315     MN   Cedar Lake Regional Trail, Minneapolis.....    $3,000,000
------------------------------------------------------------------------

                  Subtitle H--Miscellaneous Provisions

SEC. 1801. BUDGET JUSTIFICATION.

  The Department of Transportation and each agency therein shall submit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives a budget justification concurrently with the 
President's annual budget submission to Congress under section 1105(a) 
of title 31, United States Code.

SEC. 1802. MOTORIST INFORMATION.

  Section 124 of of title I of division F of the Consolidated 
Appropriations Act, 2004 (118 Stat. 296-297) is repealed.

SEC. 1803. MOTORIST INFORMATION CONCERNING FULL-SERVICE RESTAURANTS.

  Not later than 180 days after the date of enactment of this Act, the 
Secretary shall initate a rulemaking to determine whether or not--
          (1) full-service restaurants should be given priority on not 
        more than 2 panels of the camping or attractions logo specific 
        service signs in the Manual on Uniform Traffic Control Devices 
        of the Department of Transportation when the food logo specific 
        service sign is fully utilized; and
          (2) full service restaurants should be given priority on not 
        more than two panels of the food logo specific service signs in 
        such Manual when the camping or attractions logo specific 
        service signs are fully utilized.

SEC. 1804. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.

  Section 1105(c) of the Intermodal Surface Transportation Efficiency 
Act of 1991 (105 Stat. 2032) is amended--
          (1) in paragraph (23) by inserting before the period at the 
        end the following: ``and the connection from Wichita, Kansas, 
        to Sioux City, Iowa, which includes I-135 from Wichita, Kansas 
        to Salina, Kansas, United States Route 81 from Saline, Kansas, 
        to Norfolk, Nebraska, Nebraska State Route 35 from Norfolk, 
        Nebraska, to South Sioux City, Nebraska, and the connection to 
        I-29 in Sioux City, Iowa'';
          (2) by striking paragraph (34) and inserting the following:
          ``(34) The Alameda Corridor-East and Southwest Passage, 
        California. The Alameda Corridor-East is generally described as 
        the corridor from East Los Angeles (terminus of Alameda 
        Corridor) through Los Angeles, Orange, San Bernardino, and 
        Riverside Counties, to termini at Barstow in San Bernardino 
        County and Coachella in Riverside County. The Southwest Passage 
        shall follow I-10 from San Bernardino to the Arizona State 
        line.'';
          (3) by adding at the end the following:
          ``(46) Interstate Route 710 between the terminus at Long 
        Beach, California, to California State Route 60.
          ``(47) Interstate Route 87 from the Quebec border to New York 
        City.
          ``(48) The Route 50 High Plains Corridor along the United 
        States Route 50 corridor from Newton, Kansas, to Pueblo, 
        Colorado.
          ``(49) The Atlantic Commerce Corridor on Interstate Route 95 
        from Jacksonville, Florida, to Miami, Florida.
          ``(50) The East-West Corridor commencing in Watertown, New 
        York, continuing northeast through New York, Vermont, New 
        Hampshire, and Maine, and terminating in Calais, Maine.
          ``(51) The SPIRIT Corridor on United States Route 54 from El 
        Paso, Texas, through New Mexico, Texas, and Oklahoma to 
        Wichita, Kansas.
          ``(52) The route in Arkansas running south of and parallel to 
        Arkansas State Highway 226 from the relocation of United States 
        Route 67 to the vicinity of United States Route 49 and United 
        States Route 63.
          ``(53) United States Highway Route 6 from Interstate Route 70 
        to Interstate Route 15, Utah.
          ``(54) The California Farm-to-Market Corridor, California 
        State Route 99 from south of Bakersfield to Sacramento, 
        California.
          ``(55) In Texas, Interstate Route 20 from Interstate Route 
        35E in Dallas County, east to the intersection of Interstate 
        Route 635, north to the intersection of Interstate Route 30, 
        northeast through Texarkana to Little Rock, Arkansas, 
        Interstate Route 40 northeast from Little Rock east to the 
        proposed Interstate Route 69 corridor.
          ``(56) In the State of Texas, the La Entrada al Pacifico 
        Corridor consisting of the following highways and any portion 
        of a highway in a corridor on 2 miles of either side of the 
        center line of the highway:
                  ``(A) State Route 349 from Lamesa to the point on 
                that highway that is closest to 32 degrees, 7 minutes, 
                north latitude, by 102 degrees, 6 minutes, west 
                longitude.
                  ``(B) The segment or any roadway extending from the 
                point described by subparagraph (A) to the point on 
                Farm-to-Market Road 1788 closest to 32 degrees, 0 
                minutes, north latitude, by 102 degrees, 16 minutes, 
                west longitude.
                  ``(C) Farm-to-Market Road 1788 from the point 
                described by subparagraph (B) to its intersection with 
                Interstate Route 20.
                  ``(D) Interstate Route 20 from its intersection with 
                Farm-to-Market Road 1788 to its intersection with 
                United States Route 385.
                  ``(E) United States Route 385 from Odessa to Fort 
                Stockton, including those portions that parallel United 
                States Route 67 and Interstate Route 10.
                  ``(F) United States Route 67 from Fort Stockton to 
                Presidio, including those portions that parallel 
                Interstate Route 10 and United States Route 90.
          ``(57) United States Route 41 corridor between Interstate 
        Route I-94 near Milwaukee and Interstate Route I-43 near Green 
        Bay in the State of Wisconsin.''; and
          (4) by aligning paragraph (45) with paragraph (46).

SEC. 1805. ADDITIONS TO APPALACHIAN REGION.

  (a) Kentucky.--Section 14102(a)(1)(C) of title 40, United States 
Code, is amended--
          (1) by inserting ``Nicholas,'' after ``Morgan,''; and
          (2) by inserting ``Robertson,'' after ``Pulaski,''.
  (b) Ohio.--Section 14102(a)(1)(H) of such title is amended--
          (1) by inserting ``Ashtabula,'' after ``Adams,'';
          (2) by inserting ``Fayette,'' after ``Coshocton,'';
          (3) by inserting ``Mahoning,'' after ``Lawrence,''; and
          (4) by inserting ``Trumbull,'' after ``Scioto,''.
  (c) Tennessee.--Section 14102(a)(1)(K) of such title is amended--
          (1) by inserting ``Giles,'' after ``Franklin,''; and
          (2) by inserting ``Lawrence, Lewis, Lincoln,'' after 
        ``Knox,''.
  (d) Virginia.--Section 14102(a)(1)(L) of such title is amended--
          (1) by inserting ``Henry,'' after ``Grayson,''; and
          (2) by inserting ``Patrick,'' after ``Montgomery,''.

SEC. 1806. TRANSPORTATION ASSETS AND NEEDS OF DELTA REGION.

  (a) Agreement.--Not later than 6 months after the date of enactment 
of this Act, the Secretary shall enter into an agreement with the Delta 
Regional Authority (referred to in this section as the ``DRA'') to 
conduct a comprehensive study of transportation assets and needs for 
all modes of transportation (including passenger and freight 
transportation) in the 8 States comprising the Delta region (Alabama, 
Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and 
Tennessee).
  (b) Consultation.--Under the agreement, the DRA, in conducting the 
study, shall consult with the Department of Transportation, State 
transportation departments, local planning and development districts, 
local and regional governments, and metropolitan planning 
organizations.
  (c) Report.--Under the agreement, the DRA, not later than 24 months 
after the date of entry into the agreement, shall submit to the 
Secretary and the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a final report on the results of the study, 
together with such recommendation as the DRA considers appropriate.
  (d) Plan.--Under the agreement, the DRA, upon completion of the 
report, shall establish a regional strategic plan to implement the 
recommendations of the report.
  (e) Funding.--
          (1) Authorization of appropriations.--There is authorized to 
        be appropriated out of the Highway Trust Fund (other than the 
        Mass Transit Account), $500,000 for each of the fiscal years 
        2005 and 2006 to carry out this section.
          (2) Contract authority.--Funds authorized by this section 
        shall be available for obligation in the same manner and to the 
        same extent as if such funds were apportioned under chapter 1 
        of title 23, United States Code; except that such funds shall 
        remain available until expended and shall not be transferable.

SEC. 1807. TOLL FACILITIES WORKPLACE SAFETY STUDY.

  (a) In General.--The Secretary shall conduct a study on the safety of 
highway toll collection facilities, including toll booths, to determine 
the safety of the facilities for the toll collectors who work in and 
around the facilities, including consideration of--
          (1) the effect of design or construction of the facilities on 
        the likelihood of vehicle collisions with the facilities;
          (2) the safety of crosswalks used by toll collectors in 
        transit to and from toll booths;
          (3) the extent of the enforcement of speed limits in the 
        vicinity of the facilities;
          (4) the use of warning devices, such as vibration and rumble 
        strips, to alert drivers approaching the facilities;
          (5) the use of cameras to record traffic violations in the 
        vicinity of the facilities;
          (6) the use of traffic control arms in the vicinity of the 
        facilities;
          (7) law enforcement practices and jurisdictional issues that 
        affect safety in the vicinity of the facilities; and
          (8) the incidence of accidents and injuries in the vicinity 
        of toll booths.
  (b) Data Collection.--As part of the study, the Secretary shall 
collect data regarding the incidence of accidents and injuries in the 
vicinity of highway toll collection facilities.
  (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate a report on 
the results of the study, together with recommendations for improving 
toll facilities workplace safety.
  (d) Funding.--
          (1) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this section, out of the Highway 
        Trust Fund (other than the Mass Transit Account), $500,000 for 
        fiscal year 2005.
          (2) Contract authority.--Funds authorized to be appropriated 
        by this section shall be available for obligation in the same 
        manner and to the same extent as if such funds were apportioned 
        under chapter 1 of title 23, United States Code; expect that 
        the Federal share of the cost of the project shall be 100 
        percent, and such funds shall remain available until expended 
        and shall not be transferable.

SEC. 1808. PAVEMENT MARKING SYSTEMS DEMONSTRATION PROJECTS.

  (a) In General.--The Secretary shall conduct a demonstration project 
in the State of Alaska, and a demonstration project in the State of 
Tennessee, to study the safety impacts, environmental impacts, and cost 
effectiveness of different pavement marking systems and the effect of 
State bidding and procurement processes on the quality of pavement 
marking material employed in highway projects. The demonstration 
projects shall each include an evaluation of the impacts and 
effectiveness of increasing the width of pavement marking edge lines 
from 4 inches to 6 inches and an evaluation of advanced acrylic water-
borne pavement markings.
  (b) Report.--Not later than June 30, 2009, the Secretary shall 
transmit to Congress a report on the results of the demonstration 
projects, together with findings and recommendations on methods that 
will optimize the cost-benefit ratio of the use of Federal funds on 
pavement marking.
  (c) Funding.--
          (1) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this section, out of the Highway 
        Trust Fund (other than the Mass Transit Account), $1,000,000 
        per fiscal year for each of the fiscal years 2005 through 2009.
          (2) Contract authority.--Funds authorized to be appropriated 
        by this section shall be available for obligation in the same 
        manner and to the same extent as if such funds were apportioned 
        under chapter 1 of title 23, United States Code; expect that 
        the Federal share of the cost of the demonstration projects 
        shall be 100 percent, and such funds shall remain available 
        until expended and shall not be transferable.

SEC. 1809. WORK ZONE SAFETY GRANTS.

  (a) In General.--The Secretary shall establish and implement a work 
zone safety grant program under which the Secretary may make grants to 
nonprofit organizations to provide training to prevent or reduce 
highway work zone injuries and fatalities.
  (b) Eligible Activities.--Grants may be made under the program for 
the following purposes:
          (1) Training for construction craft workers on the prevention 
        of injuries and fatalities in highway and road construction.
          (2) Development of guidelines for the prevention of highway 
        work zone injuries and fatalities.
          (3) Training for State and local government transportation 
        agencies and other groups implementing guidelines for the 
        prevention of highway work zone injuries and fatalities.
  (c) Funding.--
          (1) In general.--There is authorized to be appropriated from 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $5,000,000 for each of fiscal years 2005 
        through 2009.
          (2) Contract authority.--Funds authorized by this subsection 
        shall be available for obligation in the same manner as if the 
        funds were apportioned under chapter 1 of title 23, United 
        States Code; except that such funds shall not be transferable.
  (d) Construction Work in Alaska.--Section 114 of title 23, United 
States Code, is amended by adding at the end the following:
  ``(c) Construction Work in Alaska.--
          ``(1) In general.--The Secretary shall ensure that a worker 
        who is employed on a remote project for the construction of a 
        highway or portion of a highway located on a Federal-aid system 
        in the State of Alaska and who is not a domiciled resident of 
        the locality shall receive meals and lodging.
          ``(2) Lodging.--The lodging under paragraph (1) shall be in 
        accordance with section 1910.142 of title 29, Code of Federal 
        Regulations (relating to temporary labor camp requirements).
          ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Remote.--The term `remote', as used with 
                respect to a project, means that the project is 75 
                miles or more from the United States Post Office in 
                either Fairbanks, Anchorage, Juno, or Ketchikan, 
                Alaska, or is inaccessible by road in a 2-wheel drive 
                vehicle.
                  ``(B) Resident.--The term `resident', as used with 
                respect to a project, means a person living within 75 
                miles of the midpoint of the project for at least 12 
                months.''.

SEC. 1810. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

  (a) Grants.--Subject to the requirements of this section, the 
Secretary shall make grants to a State that--
          (1) (A) has enacted and is enforcing a law that prohibits the 
        use of racial profiling in the enforcement of State laws 
        regulating the use of Federal-aid highways; and
          (B) is maintaining and allows public inspection of 
        statistical information for each motor vehicle stop made by a 
        law enforcement officer on a Federal-aid highway in the State 
        regarding the race and ethnicity of the driver and any 
        passengers; or
          (2) provides assurances satisfactory to the Secretary that 
        the State is undertaking activities to comply with the 
        requirements of paragraph (1).
  (b) Eligible Activities.--A grant received by a State under 
subsection (a) shall be used by the State--
          (1) in the case of a State eligible under subsection (a)(1), 
        for costs of--
                  (A) collecting and maintaining of data on traffic 
                stops;
                  (B) evaluating the results of the data; and
                  (C) developing and implementing programs to reduce 
                the occurrence of racial profiling, including programs 
                to train law enforcement officers; and
          (2) in the case of a State eligible under subsection (a)(2), 
        for costs of--
                  (A) activities to comply with the requirements of 
                subsection (a)(1); and
                  (B) any eligible activity under paragraph (1).
  (c) Racial Profiling.--To meet the requirement of subsection (a)(1), 
a State law shall prohibit, in the enforcement of State laws regulating 
the use of Federal-aid highways, a State or local law enforcement 
officer from using the race or ethnicity of the driver or passengers to 
any degree in making routine or spontaneous law enforcement decisions, 
such as ordinary traffic stops on Federal-aid highways. Nothing in this 
subsection shall alter the manner in which a State or local law 
enforcement officer considers race or ethnicity whenever there is 
trustworthy information, relevant to the locality or time frame, that 
links persons of a particular race or ethnicity to an identified 
criminal incident, scheme, or organization.
  (d) Limitations.--
          (1) Maximum amount of grants.--The total amount of grants 
        received by a State under this section in a fiscal year may not 
        exceed 5 percent of the amount made available to carry out this 
        section in the fiscal year.
          (2) Eligibility.--A State may not receive a grant under 
        subsection (a)(2) in more than 2 fiscal years.
  (e) Authorization of Appropriations.--
          (1) In general.--There is authorized to be appropriated from 
        the Highway Trust Fund (other than the Mass Transit Account) to 
        carry out this section $10,000,000 for each of fiscal years 
        2005 through 2009.
          (2) Contract authority.--Funds authorized by this subsection 
        shall be available for obligation in the same manner as if the 
        funds were apportioned under chapter 1 of title 23, United 
        States Code, except the Federal share of the cost of activities 
        carried out using such funds shall be 100 percent, and such 
        funds shall remain available until expended and shall not be 
        transferable.

SEC. 1811. AMERICA'S BYWAYS RESOURCE CENTER.

  (a) In General.--The Secretary shall allocate funds made available to 
carry out this section to the America's Byways Resource Center 
established pursuant to section 1215(b)(1) of the Transportation Equity 
Act for the 21st Century (112 Stat. 209).
  (b) Technical Support and Education.--
          (1) Use of funds.--The Center shall use funds allocated to 
        the Center under this section to continue to provide technical 
        support and conduct educational activities for the national 
        scenic byways program established under section 162 of title 
        23, United States Code.
          (2) Eligible activities.--Technical support and educational 
        activities carried out under this subsection shall provide 
        local officials and organizations associated with National 
        Scenic Byways and All-American Roads with proactive, technical, 
        and on-site customized assistance, including training, 
        communications (including a public awareness series), 
        publications, conferences, on-site meetings, and other 
        assistance considered appropriate to develop and sustain such 
        byways and roads.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $3,500,000 for each of fiscal years 
2004 through 2009.
  (d) Applicability of Title 23.--Funds authorized by this section 
shall be available for obligation in the same manner as if such funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that the Federal share of the cost of any project or activity 
carried out under this section shall be 100 percent and such funds 
shall remain available until expended and shall not be transferable.

SEC. 1812. TECHNICAL ADJUSTMENT.

  (a) In General.--The donee of the vessel with the Unit Identification 
Code number 13862 is deemed to be the owner of that vessel free and 
clear as of September 1, 2000.
  (b) Federal Claims.--All Federal claims arising from the donation or 
use of the vessel described in subsection (a) are permanently 
extinguished.

SEC. 1813. ROAD USER CHARGE EVALUATION PILOT PROJECT.

  (a) In General.--The Secretary shall carry out a national evaluation 
pilot project to assess how intelligent transportation system 
technology can be applied to assess mileage-based road user charges for 
the purposes of collecting revenues for the Highway Trust Fund.
  (b) Matters to Be Evaluated.--The following matters shall be 
evaluated under the pilot project:
          (1) Technical feasibility of imposing mileage-based road user 
        charges, including cost, reliability, and security of on-board 
        and intelligent transportation systems.
          (2) Compatibility of technology for imposing such charges 
        with automobile and truck design.
          (3) Design and testing of a collection system for such 
        charges that is secure, low cost, and easy to use.
          (4) Methods of ensuring privacy of road users and assessing 
        public attitudes and views of motorists who participate in 
        field tests of the equipment and system.
  (c) Reports.--The Secretary shall transmit annual reports on the 
status of the pilot project and, not later than June 30, 2009, a final 
report on the results of the pilot project, together with findings and 
recommendations, to the Secretary of the Treasury, the Committee on 
Transportation and Infrastructure and the Committee on Ways and Means 
of the House of Representatives, and the Committee on Environment and 
Public Works and the Committee on Finance of the Senate.
  (d) Authorization of Appropriation.--
          (1) In general.--There is authorize from the Highway Trust 
        Fund (other than the Mass Transit Account) to carry out this 
        section $1,000,000 for each of fiscal years 2005 and 2006 and 
        $3,500,000 for each of fiscal years 2007, 2008, and 2009.
          (2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the same manner 
        as if the funds were apportioned under chapter 1 of title 23, 
        United States Code; except the Federal share of the cost of the 
        pilot project shall be 100 percent, and such funds shall remain 
        available until expended and shall not be transferable.

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

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

SEC. 1815. CONFORMING AMENDMENT FOR TRANSPORTATION PLANNING SECTIONS.

  (a) Metropolitan Planning.--Section 134 of title 23, United States 
Code is amended to read as follows:

``Sec. 134. Metropolitan planning

  ``Metropolitan transportation planning programs funded under section 
104(f) shall be carried out in accordance with the metropolitan 
planning provisions of chapter 52, title 49, United States Code.''.
  (b) Statewide Planning.--Section 135 of such title is amended to read 
as follows:

``Sec. 135. Statewide planning

  ``Statewide transportation planning programs funded under section 
104(f) shall be carried out in accordance with the statewide planning 
provisions of chapter 52, title 49, United States Code.''.

SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING FUNDS WITHIN STATES.

  Section 104(f)(4) of title 23, United States Code, is amended by 
adding at the end the following: ``Such distribution of funds to 
metropolitan planning organizations shall be made within 30 days of the 
date of receipt of such funds from the Secretary.''.

SEC. 1817. TREATMENT OF OFF RAMP.

  The Harbor Boulevard off ramp from Interstate Route 405 in Costa 
Mesa, California, is deemed to satisfy the requirements of title 23, 
United States Code, that govern the approval of the placement of ramps 
off of a Federal-aid highway.

SEC. 1818. LOAN FORGIVENESS.

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

SEC. 1819. LEAD AGENCY DESIGNATION.

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

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

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

SEC. 1821. HUBZONE PROGRAM.

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

SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS.

  The table contained in section 1602 of the Transportation Equity Act 
for the 21st Century (112 Stat. 257) is amended--
          (1) in item number 35 by adding ``and for other related 
        purposes'' after ``Yard'';
          (2) in item number 78 by striking ``Third'' and all that 
        follows through ``Bridge'' and inserting ``Bayview 
        Transportation Improvements Project'';
          (3) in item number 312 by inserting ``through construction'' 
        after ``engineering'';
          (4) in item number 800 by striking ``Fairview Township'' and 
        inserting ``or other projects selected by the York County, 
        Pennsylvania MPO'';
          (5) in item number 820 by striking ``Conduct'' and all that 
        follows through ``interchange'' and inserting ``Conduct a 
        transportation needs study and make improvements to I-75 
        interchanges in the Grayling area'';
          (6) in item number 897 by striking ``Road upgrade'' and all 
        that follows through ``Hills'' 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 1375 by striking ``Preliminary'' and all 
        that follows through ``Emmet County'' and inserting ``Petoskey 
        area transportation needs study and trunkline preservation and 
        safety in the Petoskey area'';
          (10) in item number 1392 by striking ``Construct'' and all 
        that follows through ``multimodal center'' and inserting 
        ``Improve the ramp configuration at the I-476 PA Turnpike 
        Landsdale Interchange''; and
          (11) in item number 1447 strike ``Extend'' and all that 
        follows through ``Valparaiso'' and insert ``Design and 
        construction of interchange at I-65 and 109th Avenue, Crown 
        Point''.

SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION CLEARINGHOUSE.

  (a) Grants.--The Secretary shall make grants for fiscal years 2005 
through 2009 to a national nonprofit foundation for the operation of 
the National Work Zone Safety Information Clearinghouse, authorized by 
section 358(b)(2) of Public Law 104-59, created for the purpose of 
assembling and disseminating, by electronic and other means, 
information relating to improvement of roadway work zone safety.
  (b) Authorization of Appropriations.--There is authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $1,000,000 for each of fiscal years 
2005 through 2009.
  (c) Contract Authority.--Funds authorized by this subsection shall be 
available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code, except the 
Federal share of the cost of activities carried out using such funds 
shall be 100 percent, and such funds shall remain available until 
expended and shall not be transferable.

SEC. 1824. TRANSPORTATION CONFORMITY.

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

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

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

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

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

SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EXPANSION.

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

SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYSTEM.

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

SEC. 1829. TECHNOLOGY.

  States are encouraged to consider using a non-destructive technology 
able to detect cracks including sub-surface flaws as small as 0.005 
inches in length or depth in steel bridges.

SEC. 1830. EXTENSION OF PUBLIC TRANSIT VEHICLE EXEMPTION FROM AXLE 
                    WEIGHT RESTRICTIONS.

  Section 1023(h)(1) of the Intermodal Surface Transportation 
Efficiency Act of 1991 (23 U.S.C. 127 note; 106 Stat. 1552) is amended 
by striking ``2005'' and inserting ``2009''.

SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL.

  (a) In General.--The Secretary, acting through the Administrator of 
the Federal Highway Administration, in consultation with the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate, shall 
appoint a Motorcyclist Advisory Council to coordinate with and advise 
the Administrator on infrastructure issues of concern to motorcyclists, 
including--
          (1) barrier design;
          (2) road design, construction, and maintenance practices; and
          (3) the architecture and implementation of intelligent 
        transportation system technologies.
  (b) Composition.--The Council shall consist of not more than 10 
members of the motorcycling community with professional expertise in 
national motorcyclist safety advocacy, including--
          (1) at least--
                  (A) 1 member recommended by a national motorcyclist 
                association;
                  (B) 1 member recommended by a national motorcycle 
                riders foundation;
                  (C) 1 representative of the National Association of 
                State Motorcycle Safety Administrators;
                  (D) 2 members of State motorcyclists' organizations;
                  (E) 1 member recommended by a national organization 
                that represents the builders of highway infrastructure;
                  (F) 1 member recommended by a national association 
                that represents the traffic safety systems industry; 
                and
                  (G) 1 member of a national safety organization; and
          (2) at least 1, and not more than 2, motorcyclists who are 
        traffic system design engineers or State transportation 
        department officials.

SEC. 1832. SHARING OF MONETARY RECOVERIES.

  Notwithstanding any other provision of law, monetary judgments 
accruing to the Government from judgments in Federal criminal 
prosecutions and civil proceedings pertaining to fraud in Federally 
funded highway and public transportation projects and programs shall be 
treated as follows:
          (1) Any amount less than or equal to the single damages 
        incurred as the result of such fraud shall be credited to the 
        Federal account from which the funds for the project or program 
        that is at issue in the fraud came, except tothe extent that 
such Federal account has been credited as the result of any judgment in 
favor of a grant recipient.
          (2) Any amount in excess of the amount credited pursuant to 
        paragraph (1) shall be shared with the State or other recipient 
        involved if--
                  (A) the State or other recipient enters into a 
                legally binding agreement with the Secretary to use the 
                funds for a purpose eligible for Federal assistance 
                under title 23 or chapter 53 of title 49, United States 
                Code, as the case may be;
                  (B) the amount to be shared with the State or other 
                recipient is determined by the Attorney General, in 
                consultation with the Secretary; and
                  (C) the Attorney General, in consultation with the 
                Secretary, determines that the fraud did not occur as a 
                result of negligent oversight or actual involvement in 
                the fraud by the State or other recipient or any senior 
                official of the State or other recipient.

SEC. 1833. ELIGIBILITY UNDER CMAQ.

  Section 149(b)(4) of title 23, United States Code is amended by 
inserting ``, including advanced truck stop electrification systems,'' 
after ``facility or program''.

SEC. 1834. SENSE OF CONGRESS REGARDING BUY AMERICA.

  It is the sense of Congress that--
          (1) the Buy America test required by section 165 of the 
        Surface Transportation Assistance Act of 1982 (23 U.S.C. 101 
        note) 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 American Act (41 U.S.C. 10a et seq.) 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.

SEC. 1835. COMMUNITY ENHANCEMENT STUDY.

  (a) In General.--The Secretary shall conduct a study on--
          (1) the role of well-designed transportation projects in--
                  (A) promoting economic development;
                  (B) protecting public health, safety and the 
                environment; and
                  (C) enhancing the architectural design and planning 
                of communities; and
          (2) the positive economic, cultural, aesthetic, scenic, 
        architectural, and environmental benefits of such projects for 
        communities.
  (b) Contents.--The study shall address the following:
          (1) The degree to which well-designed transportation projects 
        have positive economic, cultural, aesthetic, scenic, 
        architectural, and environmental benefits for communities.
          (2) The degree to which such projects protect and contribute 
        to improvements in public health and safety.
          (3) The degree to which such projects use inclusive public 
        participation processes to achieve quicker, more certain, and 
        better results.
          (4) The degree to which positive results are achieved by 
        linking transportation, design, and the implementation of 
        community visions for the future.
          (5) Facilitating the use of successful models or best 
        practices in transportation investment or development to 
        accomplish each of the following:
                  (A) Enhancement of community identity.
                  (B) Protection of public health and safety.
                  (C) Provision of a variety of choices in housing, 
                shopping, transportation, employment, and recreation.
                  (D) Preservation and enhancement of existing 
                infrastructure.
                  (E) Creation of a greater sense of community through 
                public involvement.
  (c) Report.--Not later than September 20, 2006, the Secretary shall 
transmit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report on the results of the study.
  (d) Administration.--To carry out this section, the Secretary shall 
make a grant to, or enter into a cooperative agreement or contract 
with, a national organization representing architects who have 
expertise in the design of a wide range of transportation and 
infrastructure projects, which include the design of buildings, public 
facilities, and surrounding communities.
  (e) Authorization.--Of the amounts made available to carry out 
section 1221 of the Transportation Equity Act for the 21st Century (23 
U.S.C. 101 note), $1,000,000 shall be available for each of fiscal year 
2005 and fiscal year 2006 to carry out this section; except that 
notwithstanding section 1221(e)(2) of such Act, the Federal share of 
the cost of the study shall be 100 percent.

SEC. 1836. TRANSPORTATION AND LOCAL WORKFORCE INVESTMENT.

  (a) Findings.--Congress finds the following:
          (1) Federal-aid highway programs provide State and local 
        governments and other recipients substantial funds for projects 
        that produce significant employment and job-training 
        opportunities.
          (2) Every $1,000,000,000 in Federal infrastructure investment 
        creates an estimated 47,500 jobs.
          (3) Jobs in transportation construction, including 
        apprenticeship positions, typically pay more than twice the 
        minimum wage, and include health and other benefits.
          (4) Transportation projects provide the impetus for job 
        training and employment opportunities for low income 
        individuals residing in the area in which a transportation 
        project is planned.
          (5) Transportation projects can offer young people, 
        particularly those who are economically disadvantaged, the 
        opportunity to gain productive employment.
          (6) The Alameda Corridor, a $2,400,000,000 transportation 
        project, is an example of a transportation project that 
        included a local hiring provision resulting in a full 30 
        percent of the project jobs being filled by locally hired and 
        trained men and women.
  (b) Sense of Congress.--It is the sense of Congress that Federal 
transportation projects should facilitate and encourage the 
collaboration between interested persons, including State, Federal, and 
local governments, community colleges, apprentice programs, local high 
schools, and other community based organizations that have an interest 
in improving the job skills of low-income individuals, to help leverage 
scarce training and community resources and to help ensure local 
participation in the building of transportation projects.

SEC. 1837. SPECIAL RULE FOR FISCAL YEAR 2004.

  In any case in which an amount is authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation for fiscal year 2004 for a program, project, or 
activity in any provision of this title, including an amendment made by 
this title, that is different than the amount authorized to be 
appropriated, made available, allocated, set aside, taken down, or 
subject to an obligation limitation for fiscal year 2004 for such 
program, project, or activity in any provision of the Surface 
Transportation Extension Act of 2004, Part V (Public Law 108-310), 
including any amendment made by such Act, the amount referred to in 
such Act shall be the amount authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation.

                        TITLE II--HIGHWAY SAFETY

SEC. 2001. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit Account):
          (1) Highway safety programs.--For carrying out section 402 of 
        title 23, United States Code, $164,027,000 for fiscal year 
        2004, $163,680,000 for fiscal year 2005, $229,000,000 for 
        fiscal year 2006, $232,000,000 for fiscal year 2007, 
        $238,000,000 for fiscal year 2008, and $245,000,000 for fiscal 
        year 2009.
          (2) Occupant protection incentive grants.--For carrying out 
        section 405 of title 23, United States Code, $19,882,000 for 
        fiscal year 2004, $19,840,000 for fiscal year 2005, 
        $136,000,000 for fiscal year 2006, $139,000,000 for fiscal year 
        2007, $143,000,000 for fiscal year 2008, and $150,000,000 for 
        fiscal year 2009.
          (3) Alcohol-impaired driving countermeasures incentive grant 
        program.--For carrying out section 410 of title 23, United 
        States Code, $39,764,000 for fiscal year 2004, $39,680,000 for 
        fiscal year 2005, $129,000,000 for fiscal year 2006, 
        $133,000,000 for fiscal year 2007, $138,000,000 for fiscal year 
        2008, and $144,000,000 for fiscal year 2009.
          (4) State traffic safety information improvements.--For 
        carrying out section 412 of title 23, United States Code, 
        $30,000,000 for fiscal year 2006, $35,000,000 for fiscal year 
        2007, $40,000,000 for fiscal year 2008, and $40,000,000 for 
        fiscal year 2009.
          (5) National driver register.--For carrying out chapter 303 
        of title 49, United States Code, by the National Highway 
        Traffic Safety Administration, $3,976,000 for fiscal year 2004, 
        $3,968,000 for fiscal year 2005, and $4,000,000 for each of 
        fiscal years 2006 through 2009.
          (6) High visibility enforcement program.--For carrying out 
        section 2005 of this title, $15,000,000 for each of fiscal 
        years 2006 through 2009.
  (b) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and this title, amounts made 
available under subsection (a) for each of fiscal years 2004 through 
2009 shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States Code.
  (c) Transfers.--In each fiscal year, the Secretary may transfer any 
amounts remaining available under paragraph (2), (3), or (4) of 
subsection (a) to the amounts made available under any other of such 
paragraphs in order to ensure, to the maximum extent possible, that 
each State receives the maximum incentive funding for which the State 
is eligible under sections 405, 410, and 412 of title 23, United States 
Code.

SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS.

  (a) General Authority.--Section 405(a) of title 23, United States 
Code, is amended--
          (1) in paragraph (2) by striking ``Transportation Equity Act 
        for the 21st Century'' and inserting ``Transportation Equity 
        Act: A Legacy for Users'';
          (2) in paragraph (3) by striking ``1997'' and inserting 
        ``2003''; and
          (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting 
        after ``years'' the following: ``beginning after September 30, 
        2003,''.
  (b) Grant Eligibility.--Section 405(b) of title 23, United States 
Code, is amended by striking ``A State shall become eligible'' and 
inserting the following: ``A State shall be eligible for a grant under 
this section if the State has a seat belt usage rate of 85 percent or 
greater as of the date of the grant, as determined by the Secretary. A 
State shall also become eligible''.
  (c) Grant Amounts.--Section 405(c) of title 23, United States Code, 
is amended--
          (1) by striking ``25 percent'' and inserting ``100 percent''; 
        and
          (2) by striking ``1997'' and inserting ``2003''.

SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTERMEASURES.

  (a) General Authority.--Section 410(a) of title 23, United States 
Code, is amended--
          (1) in paragraph (2) by striking ``Transportation Equity Act 
        for the 21st Century'' and inserting ``Transportation Equity 
        Act: A Legacy for Users'';
          (2) in paragraph (3) by striking ``1997'' and inserting 
        ``2003''; and
          (3) in paragraphs (4)(A), (4)(B), and (4)(C) by inserting 
        after ``years'' the following: ``beginning after September 30, 
        2003,''.
  (b) Basic Grant a.--Section 410(b)(1) of title 23, United States 
Code, is amended--
          (1) by striking ``A State shall become eligible'' and 
        inserting the following: ``A State shall be eligible for a 
        grant under this paragraph if the State has an alcohol-related 
        fatality rate per 100,000,000 vehicle miles traveled of 0.5 or 
        less as of the date of the grant, as determined by the 
        Secretary using the Fatality Analysis Reporting System of the 
        National Highway Traffic Safety Administration. A State shall 
        also become eligible'';
          (2) by striking ``at least 5 of the following'' and inserting 
        ``at least 6 of the following for fiscal year 2005 and fiscal 
        year 2006 and at least 7 of the following for each fiscal year 
        thereafter'';
          (3) in subparagraph (A)--
                  (A) by striking ``and'' at the end of clause (i)(II);
                  (B) by striking the period at the end of clause (ii) 
                and inserting a semicolon; and
                  (C) by adding at the end the following:
                          ``(iii) the suspension referred to under 
                        clause (i)(I) may allow an individual to 
                        operate a motor vehicle, after the 15-day 
                        period beginning on the date of the suspension, 
                        to and from employment, school, or an alcohol 
                        treatment program if an ignition interlock 
                        device is installed on each of the motor 
                        vehicles owned or operated, or both, by the 
                        individual; and
                          ``(iv) the suspension and revocation referred 
                        to under clause (i)(II) may allow an individual 
                        to operate a motor vehicle, after the 45-day 
                        period beginning on the date of the suspension 
                        or revocation, to and from employment, school, 
                        or an alcohol treatment program if an ignition 
                        interlock device is installed on each of the 
                        motor vehicles owned or operated, or both, by 
                        the individual.'';
          (4) in subparagraph (B)--
                  (A) by striking ``may include the issuance'' and 
                inserting the following:
 ``may include--
                          ``(i) the issuance''; and
                  (B) by striking the period at the end and inserting 
                ``; and'' and the following:
                          ``(ii) a program provided by a nonprofit 
                        organization for training point of sale 
                        personnel concerning, at a minimum, the 
                        following:
                                  ``(I) the clinical effects of 
                                alcohol;
                                  ``(II) methods of preventing second 
                                party sales of alcohol;
                                  ``(III) recognizing signs of 
                                intoxication;
                                  ``(IV) methods to prevent underage 
                                drinking;
                                  ``(V) Federal, State, and local laws 
                                that are relevant to such personnel.'';
          (5) by striking subparagraph (F) and inserting the following:
                  ``(F) Outreach program.--A judicial and prosecutorial 
                education, training, and outreach program that provides 
                information on the appropriateness and effectiveness of 
                sentencing options.''; and
          (6) by adding at the end the following:
                  ``(H) Self-sustaining drunk driving prevention 
                program.--A self-sustaining drunk driving prevention 
                program under which a significant portion of the fines 
                or surcharges collected from individuals apprehended 
                and fined for operating a motor vehicle while under the 
                influence of alcohol are returned to those communities 
                that have comprehensive programs for the prevention of 
                such operations of motor vehicles.
                  ``(I) Programs for effective alcohol 
                rehabilitation.--A program for effective inpatient and 
                outpatient alcohol rehabilitation based on mandatory 
                assessment and appropriate treatment for repeat 
                offenders described in subparagraph (A)(i)(II).
                  ``(J) Program for the impoundment of vehicles.--A 
                program to impound a vehicle operated by a person who 
                is arrested for operating that vehicle while under the 
                influence of alcohol.''.
  (c) Basic Grant B.--Section 410(b) of title 23, United States Code, 
is amended--
          (1) by striking paragraph (2) and inserting the following:
          ``(2) Basic grant b.--A State shall become eligible for a 
        grant under this paragraph if the State--
                  ``(A) has an alcohol-related fatality rate per 
                100,000,000 vehicle miles traveled of 0.8 or more as of 
                the date of the grant, as determined by the Secretary 
                using the Fatality Analysis Reporting System of the 
                National Highway Traffic Safety Administration; and
                  ``(B) establishes, subject to such requirements as 
                the Secretary may prescribe, a task force to evaluate 
                and recommend changes to the State's drunk driving 
                programs.''; and
          (2) in paragraph (3)--
                  (A) by striking ``25 percent'' and inserting ``100 
                percent''; and
                  (B) by striking ``1997'' and inserting ``2003''.
  (d) Supplemental Grants.--Section 410(c) of title 23, United States 
Code, is amended to read as follows:
  ``(c) Allocation for Basic Grant B.--Not more than $20,000,000 per 
fiscal year of amounts made available to carry out this section shall 
be available for making grants under subsection (b)(2).''.
  (e) Effective Date.--The amendments made by this section shall take 
effect on September 30, 2005.

SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM IMPROVEMENTS.

  (a) In General.--Chapter 4 of title 23, United States Code, is 
amended by adding at the end the following:

``Sec. 412. State traffic safety information system improvements

  ``(a) General Authority.--
          ``(1) Authority to make grants.--Subject to the requirements 
        of this section, the Secretary shall make grants to States that 
        adopt and implement effective programs to--
                  ``(A) improve the timeliness, accuracy, completeness, 
                uniformity, integration, and accessibility of the 
                safety data of the State that is needed to identify 
                priorities for national, State, and local highway and 
                traffic safety programs;
                  ``(B) evaluate the effectiveness of efforts to make 
                such improvements;
                  ``(C) link these State data systems, including 
                traffic records, with other data systems within the 
                State, such as systems that contain medical, roadway, 
                and economic data; and
                  ``(D) improve the compatibility and interoperability 
                of the data systems of the State with national data 
                systems and data systems of other States and enhance 
                the ability of the Secretary to observe and analyze 
                national trends in crash occurrences, rates, outcomes, 
                and circumstances.
          ``(2) Use of grants.--A State may use a grant received under 
        this section only to implement such programs.
          ``(3) Model data elements.--The Secretary, in consultation 
        with States and other appropriate parties, shall determine the 
        model data elements necessary to observe and analyze State and 
        national trends in crash occurrences, rates, outcomes, and 
        circumstances. In order to become eligible for a grant under 
        this section, a State shall certify to the Secretary the 
        State's adoption and use of such model data elements.
          ``(4) Maintenance of effort.--No grant may be made to a State 
        under this section in any fiscal year unless the State enters 
        into such agreements with the Secretary as the Secretary may 
        require ensuring that the State will maintain its aggregate 
        expenditures from all other sources for highway safety data 
        programs at or above the average level of such expenditures in 
        the 2 fiscal years preceding the date of enactment of this 
        section.
          ``(5) Federal share.--The Federal share of the cost of 
        implementing in a fiscal year a program of a State pursuant to 
        paragraph (1) shall not exceed 80 percent.
  ``(b) First-Year Grants.--To be eligible for a first-year grant under 
this section, a State shall demonstrate to the satisfaction of the 
Secretary that the State has--
          ``(1) established a highway safety data and traffic records 
        coordinating committee with a multidisciplinary membership that 
        includes, among others, managers, collectors, and users of 
        traffic records and public health and injury control data 
        systems; and
          ``(2) developed a multiyear highway safety data and traffic 
        records system strategic plan that addresses existing 
        deficiencies in the State's highway safety data and traffic 
        records system and is approved by the highway safety data and 
        traffic records coordinating committee and--
                  ``(A) specifies how existing deficiencies in the 
                State's highway safety data and traffic records system 
                were identified;
                  ``(B) prioritizes, based on the identified highway 
                safety data and traffic records system deficiencies, 
                the highway safety data and traffic records system 
                needs and goals of the State, including the activities 
                described in subsection (a)(1);
                  ``(C) identifies performance-based measures by which 
                progress toward those goals will be determined;
                  ``(D) specifies how the grant funds and any other 
                funds of the State will be used to address needs and 
                goals identified in the multiyear plan; and
                  ``(E) includes a current report on the progress in 
                implementing the multiyear plan that documents progress 
                toward the specified goals.
  ``(c) Succeeding-Year Grants.--
          ``(1) Eligibility.--A State shall be eligible for a grant 
        under this section in a fiscal year succeeding the first fiscal 
        year in which the State receives a grant under subsection (b) 
        if the State, to the satisfaction of the Secretary--
                  ``(A) submits an updated multiyear plan that meets 
                the requirements of subsection (b)(2);
                  ``(B) certifies that its highway safety data and 
                traffic records coordinating committee continues to 
                operate and supports the multiyear plan;
                  ``(C) specifies how the grant funds and any other 
                funds of the State will be used to address needs and 
                goals identified in the multiyear plan;
                  ``(D) demonstrates measurable progress toward 
                achieving the goals and objectives identified in the 
                multiyear plan; and
                  ``(E) includes a current report on the progress in 
                implementing the multiyear plan.
  ``(d) Grant Amounts.--
          ``(1) In general.--The amount of a grant made to a State for 
        a fiscal year under this section shall equal an amount 
        determined by multiplying--
                  ``(A) the amount appropriated to carry out this 
                section for such fiscal year; by
                  ``(B) the ratio that the funds apportioned to the 
                State under section 402 for fiscal year 2003 bears to 
                the funds apportioned to all States under section 402 
                for fiscal year 2003.
          ``(2) Minimum amount.--Notwithstanding subparagraph (A)--
                  ``(A) a State eligible for a first-year grant under 
                this section shall not receive less than $300,000; and
                  ``(B) a State eligible for a succeeding-year grant 
                under this section shall not receive less than 
                $500,000.
  ``(e) Administrative Expenses.--Funds authorized to be appropriated 
to carry out this section in a fiscal year shall be subject to a 
deduction not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
  ``(f) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.''.
  (b) Conforming Amendment.--The analysis for chapter 4 of title 23, 
United States Code, is amended by adding at the end the following:

``412. State traffic safety information system improvements.''.

SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM.

  The Secretary shall establish a program to support national impaired 
driving mobilization and enforcement efforts and national safety belt 
mobilization and enforcement, including the purchase of national paid 
advertisement (including production and placement) to support such 
efforts.

SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY.

  (a) In General.--Using funds made available to carry out section 403 
of title 23, United States Code, the Secretary shall conduct a study of 
the causes of motorcycle crashes.
  (b) Report.--Not later than 3 years after the date of enactment of 
this Act, the Secretary shall transmit to Congress a report on the 
results of the study.

SEC. 2007. CHILD SAFETY AND CHILD BOOSTER SEAT INCENTIVE GRANTS.

  (a) General Authority.--Subject to the requirements of this section, 
the Secretary shall make grants to States that enact or have enacted 
and are enforcing a law requiring that children riding in passenger 
motor vehicles who are too large to be secured in a child safety seat 
be secured in a child restraint that meets the requirements prescribed 
by the Secretary under section 3 of Anton's Law (116 Stat. 2772).
  (b) Maintenance of Effort.--No grant may be made to a State under 
this section in a fiscal year unless the State enters into such 
agreements with the Secretary as the Secretary may require to ensure 
that the State will maintain its aggregate expenditures from all other 
sources for child safety seat and child booster seat programs at or 
above the average level of such expenditures in its 2 fiscal years 
preceding the date of enactment of this Act.
  (c) Federal Share.--The Federal share of the cost of implementing and 
enforcing in a fiscal year a law adopted by a State under subsection 
(a) shall not exceed--
          (1) for the first 3 fiscal years for which a State receives a 
        grant under this section, 75 percent; and
          (2) for the fourth fiscal year for which a State receives a 
        grant under this section, 50 percent.
  (d) Grant Eligibility.--
          (1) In general.--A State is eligible for a grant under this 
        section if the State has in effect and enforces a law described 
        in subsection (a).
          (2) Maximum period of eligibility.--No State may receive 
        grants under this section in more than 4 fiscal years beginning 
        after September 30, 2005.
  (e) Eligible Uses of Funds.--A State may use a grant under this 
section only to carry out child safety seat and child booster seat 
programs, including the following:
          (1) A program to educate the public concerning the proper use 
        and installation of child safety seats and child booster seats.
          (2) A program to train child passenger safety professionals, 
        police officers, fire and emergency medical personnel, and 
        educators concerning all aspects of the use of child safety 
        seats and booster seats.
          (3) A program to purchase and distribute child safety seats, 
        child booster seats, and other appropriate passenger motor 
        vehicle child restraints to families that cannot otherwise 
        afford such seats or restraints.
          (4) A program to support enforcement of child restraint laws.
  (f) Grant Amount.--The amount of a grant to a State for a fiscal year 
under this section may not exceed 25 percent of the amount apportioned 
to the State for fiscal year 2003 under section 402 of title 23, United 
States Code.
  (g) Administrative Expenses.--Funds authorized to be appropriated to 
carry out this section in a fiscal year shall be subject to a deduction 
not to exceed 2.5 percent for the necessary costs of administering the 
provisions of this section.
  (h) Applicability of Chapter 1.--The provisions contained in section 
402(d) of title 23, United States Code, apply to this section.
  (i) Report.--Each State to which a grant is made under this section 
shall transmit to the Secretary a report documenting the manner in 
which grant amounts were obligated and expended and identifying the 
specific programs carried out with or supported by grant funds. The 
report shall be in a form prescribed by the Secretary and may be 
combined with other State grant reporting requirements under of chapter 
4 of title 23, United States Code.
  (j) Definitions.--In this section, the following definitions apply:
          (1) Child restraint.--The term ``child restraint'' means any 
        product designed to provide restraint to a child (including 
        booster seats and other products used with a lap and shoulder 
        belt assembly) that meets applicable Federal motor vehicle 
        safety standards prescribed by the National Highway Traffic 
        Safety Administration.
          (2) Child safety seat.--The term ``child safety seat'' has 
        the meaning such term has in section 405(f) of title 23, United 
        States Code.
          (3) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning such term has in such section 405(f).
          (4) State.--The term ``State'' has the meaning such term has 
        in section 101 (a) of such title.
  (k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section from the Highway Trust Fund 
(other than the Mass Transit Account) $6,000,000 for each of fiscal 
years 2006 through 2008 and $7,000,000 for fiscal year 2009.

SEC. 2008. MOTORCYCLIST SAFETY.

  (a) Authority To Make Grants.--Subject to the requirements of this 
section, the Secretary shall make grants to States that adopt and 
implement effective programs to reduce the number of single- and multi-
vehicle crashes involving motorcyclists.
  (b) Maintenance of Effort.--No grant may be made to a State under 
this section in a fiscal year unless the State enters into such 
agreements with the Secretary as the Secretary may require to ensure 
that the State will maintain its aggregate expenditures from all the 
other sources for motorcyclist safety training programs and 
motorcyclist awareness programs at or above the average level of such 
expenditures in its 2 fiscal years preceding the date of enactment of 
this Act.
  (c) Maximum Period of Eligibility.--No State may receive grants under 
this section in more than 4 fiscal years beginning after September 30, 
2005.
  (d) Federal Share.--The Federal share of the cost of implementing and 
enforcing, as appropriate, in a fiscal year a program adopted by a 
State in accordance with subsection (a) shall not exceed--
          (1) for the first 3 years for which a State receives a grant 
        under this section, 75 percent; and
          (2) for the fourth fiscal year for which a State receives a 
        grant under this section, 50 percent.
  (e) Grant Eligibility.--
          (1) In general.--A State becomes eligible for a grant under 
        this section by adopting or demonstrating to the satisfaction 
        of the Secretary--
                  (A) for the first fiscal year for which the State 
                will receive a grant under this section, at least 1 of 
                the 6 criteria listed in paragraph (2);
                  (B) for the second, third, and fourth fiscal years 
                for which the State will receive a grant under this 
                section, at least 2 of the 6 criteria listed in 
                paragraph (2); and
                  (C) for any subsequent fiscal years for which the 
                State will receive a grant under this section, at least 
                3 of the 6 criteria listed in paragraph (2).
          (2) Criteria.--The criteria for eligibility for a grant under 
        this section are the following:
                  (A) Motorcycle rider training courses.--An effective 
                motorcycle rider training course that is offered 
                throughout the State, provides a formal program of 
                instruction in accident avoidance and other safety-
                oriented operational skills to motorcyclists, and may 
                include innovative training opportunities to meet 
                unique regional needs.
                  (B) Motorcyclists awareness program.--An effective 
                statewide program to enhance motorist awareness of the 
                presence of motorcyclists on or near roadways and safe 
                driving practices that avoid injuries to motorcyclists.
                  (C) Reduction of fatalities and crashes involving 
                motorcycles.--A reduction for the preceding calendar 
                year in the number of motorcycle fatalities and the 
                rate of motor vehicle crashes involving motorcycles in 
                the State (expressed as a function of 10,000 motorcycle 
                registrations).
                  (D) Impaired driving program.--Implementation of a 
                statewide program to reduce impaired driving, including 
                specific measures to reduce impaired motorcycle 
                operation.
                  (E) Reduction of fatalities and accidents involving 
                impaired motorcyclists.--A reduction for the preceding 
                calendar year in the number of fatalities and the rate 
                of reported crashes involving alcohol- or drug-impaired 
                motorcycle operators (expressed as a function of 10,000 
                motorcycle registrations).
                  (F) Fees collected from motorcyclists.--All fees 
                collected by the State from motorcyclists for the 
                purposes of funding motorcycle training and safety 
                programs are used for motorcycle training and safety 
                programs.
  (f) Eligible Uses.--
          (1) In general.--A State may use funds from a grant under 
        this section only for motorcyclist safety training and 
        motorcyclist awareness programs, including--
                  (A) improvements to motorcyclist safety training 
                curricula;
                  (B) improvements in program delivery of motorcycle 
                training to both urban and rural areas, including--
                          (i) procurement or repair of practice 
                        motorcycles;
                          (ii) instructional materials;
                          (iii) mobile training units; and
                          (iv) leasing or purchase of facilities for 
                        classroom instruction and closed-course skill 
                        training;
                  (C) measures designed to increase the recruitment or 
                retention of motorcyclist safety training instructors; 
                and
                  (D) public awareness, public service announcements, 
                and other outreach programs to enhance motorcyclist 
                awareness.
          (2) Suballocations of funds.--An agency that receives a grant 
        under this section may suballocate funds from the grant to a 
        nonprofit organization incorporated in that State to carry out 
        under this section.
  (g) Definitions.--In this section, the following definitions apply:
          (1) Motorcyclist safety training.--The term ``motorcyclist 
        safety training'' means a formal program of instruction that--
                  (A) provides accident avoidance and other safety-
                oriented operational skills to motorcyclists; and
                  (B) is approved for use in a State by the designated 
                State authority having jurisdiction over motorcyclist 
                safety issues.
          (2) Motorcyclist awareness.--The term ``motorcyclist 
        awareness'' means individual or collective awareness of--
                  (A) the presence of motorcycles on or near roadways; 
                and
                  (B) safe driving practices that avoid injury to 
                motorcyclists.
          (3) Motorcyclist awareness program.--The term ``motorcyclist 
        awareness program'' means an informational or public awareness 
        program designed to enhance motorcyclist awareness that is 
        developed by or in coordination with the designated State 
        authority having jurisdiction over motorcyclist safety issues.
          (4) State.--The term ``State'' has the same meaning such term 
        has in section 101(a) of title 23, United States Code.
  (h) Maximum Grant Amount.--The amount of a grant made to a State for 
a fiscal year under this section may not exceed 25 percent of the 
amount apportioned to the State for fiscal year 2003 under section 402 
of title 23, United States Code.
  (i) Administrative Expenses.--Funds authorized to be appropriated to 
carry out this section in a fiscal year shall be subject to a deduction 
by the Secretary not to exceed 5 percent for the necessary costs of 
administering the provisions of this section.
  (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section from the Highway Trust Fund 
(other than the Mass Transit Account) $6,000,000 for each of fiscal 
years 2006 through 2008 and $7,000,000 for fiscal year 2009.
  (k) Applicability of Title 23.--Funds authorized under this section 
shall be available for obligation in the same manner as if the funds 
were apportioned under chapter 1 of title 23, United States Code; 
except that such funds shall not be transferable.

SEC. 2009. DRIVER FATIGUE.

  Section 402(a) of title 23, United States Code, is amended--
          (1) by striking ``and'' before ``(6)''; and
          (2) by inserting before the period the following: ``; and (7) 
        to reduce deaths and injuries resulting from persons driving 
        motor vehicles while fatigued''.

SEC. 2010. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY SAFETY RESEARCH 
                    AND DEVELOPMENT.

  (a) In General.--There is authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit Account) for carrying 
out section 403 of title 23, United States Code, $71,575,000 for fiscal 
year 2004, $71,424,000 for fiscal year 2005, and $75,000,000 for each 
of fiscal years 2006 through 2009.
  (b) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and this title, amounts made 
available under subsection (a) for each of fiscal years 2004 through 
2009 shall be available for obligation in the same manner as if such 
funds were apportioned under chapter 1 of title 23, United States Code.

SEC. 2011. SAFETY DATA.

  (a) In General.--Using funds made available to carry out section 403 
of title 23, United States Code, for fiscal years 2005 through 2009, 
the Secretary shall collect data and compile statistics on accidents 
involving motor vehicles being backed up that result in fatalities and 
injuries and that occur on public and nonpublic roads and residential 
and commercial driveways and parking facilities.
  (b) Report.--Not later than January 1, 2009, the Secretary shall 
transmit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on accidents described in 
subsection (a), including the data collected and statistics compiled 
under subsection (a) and any recommendations regarding measures to be 
taken to reduce the number of such accidents and the resulting 
fatalities and injuries.

SEC. 2012. DRIVER PERFORMANCE STUDY.

  (a) In General.--Using funds made available to carry out section 403 
of title 23, United States Code, for fiscal year 2005, the Secretary 
shall make $1,000,000 available to conduct a study on the risks 
associated with glare to oncoming drivers, including increased risks to 
drivers on 2-lane highways, increased risks to drivers over the age of 
50, and the overall effects of glare on driver performance.
  (b) Report.--Not later than 18 months after the date of enactment of 
this Act, the Secretary shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study and any recommendations regarding 
measures to reduce the risks associated with glare to oncoming drivers.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, UNITED STATES CODE.

  (a) Short Title.--This title may be cited as the ``Federal Public 
Transportation Act of 2005''.
  (b) Amendments to Title 49, United States Code.--Except as otherwise 
specifically provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision of law, the reference shall be considered to be made to a 
section or other provision of title 49, United States Code.

SEC. 3002. POLICIES, FINDINGS, AND PURPOSES.

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

SEC. 3003. DEFINITIONS.

  (a) Lead-in.--Section 5302(a) is amended in the matter preceding 
paragraph (1) by striking ``In this chapter'' and inserting ``Except as 
otherwise specifically provided, in this chapter''.
  (b) Capital Project.--Section 5302(a)(1) is amended--
          (1) in subparagraph (G) by inserting ``construction, 
        renovation, and improvement of intercity bus stations and 
        terminals,'' before ``and the renovation and improvement of 
        historic transportation facilities,'';
          (2) in subparagraph (G)(ii) by inserting ``(other than an 
        intercity bus station or terminal)'' after ``commercial 
        revenue-producing facility'';
          (3) by striking ``or'' at the end of subparagraph (H);
          (4) by striking the period at the end of subparagraph (I) and 
        inserting a semicolon; and
          (5) by adding at the end the following:
                  ``(J) crime prevention and security--
                          ``(i) including--
                                  ``(I) projects to refine and develop 
                                security and emergency response plans;
                                  ``(II) projects aimed at detecting 
                                chemical and biological agents in 
                                public transportation;
                                  ``(III) the conduct of emergency 
                                response drills with public 
                                transportation agencies and local first 
                                response agencies; and
                                  ``(IV) security training for public 
                                transportation employees; but
                          ``(ii) excluding all expenses related to 
                        operations, other than such expenses incurred 
                        in conducting activities described in 
                        subclauses (III) and (IV);
                  ``(K) establishment of a debt service reserve made up 
                of deposits with a bondholders' trustee in a 
                noninterest bearing account for the purpose of ensuring 
                timely payment of principal and interest on bonds 
                issued by a grant recipient for purposes of financing 
                an eligible project under this chapter; or
                  ``(L) mobility management--
                          ``(i) consisting of short-range planning and 
                        management activities and projects for 
                        improving coordination among public 
                        transportation and other transportation service 
                        providers carried out by a recipient or 
                        subrecipient through an agreement entered into 
                        with a person, including a governmental entity, 
                        under this chapter (other than section 5309); 
                        but
                          ``(ii) excluding operating public 
                        transportation services.''.
  (c) Individual With a Disability.--Section 5302(a)(5) is amended--
          (1) by striking ``Handicapped individual'' in the heading and 
        inserting ``Individual with a disability''; and
          (2) by striking ``handicapped individual'' and inserting 
        ``individual with a disability''.
  (d) Mass Transportation.--Section 5302(a)(7) is amended to read as 
follows:
          ``(7) Mass transportation.--The term `mass transportation' 
        means public transportation.''.
  (e) Public Transportation.--Section 5302(a)(10) is amended to read as 
follows:
          ``(10) Public transportation.--The term `public 
        transportation' means transportation by a conveyance that 
        provides regular and continuing general or special 
        transportation to the public, but does not include schoolbus, 
        charter, or sightseeing transportation.''.
  (f) Urbanized Area.--Section 5302(a)(17) is amended to read as 
follows:
          ``(17) Urbanized area.--The term `urbanized area' means an 
        area encompassing a population of at least 50,000 people that 
        has been defined and designated in the latest decennial census 
        as an urbanized area by the Secretary of Commerce.''.
  (g) Authority to Modify Definition.--Section 5302(b) is amended--
          (1) by striking ``Handicapped Individual'' in the heading and 
        inserting ``Individual With a Disability''; and
          (2) by striking ``handicapped individual'' and inserting 
        ``individual with a disability''.

SEC. 3004. METROPOLITAN PLANNING.

  Section 5303 is amended to read as follows:

``Sec. 5303. Metropolitan planning

  ``(a) In General.--Grants made under sections 5307, 5308, 5309, 5310, 
5311, 5316, and 5317 shall be carried out in accordance with the 
metropolitan planning provisions of chapter 52.
  ``(b) Certification.--
          ``(1) In general.--The Secretary shall ensure and certify 
        that each metropolitan planning organization in each 
        transportation management area is carrying out its 
        responsibilities under applicable laws of the United States. 
        The Secretary may make the certification only if the 
        organization is complying with chapter 52 and other applicable 
        requirements of laws of the United States and the organization 
        and chief executive officer have approved a transportation 
        improvement program for the area.
          ``(2) Limitation on withholding certification.--The Secretary 
        may not withhold certification based on the policies and 
        criteria a metropolitan planning organization or mass 
        transportation grant recipient establishes under section 
        5306(a) for deciding the feasibility of private enterprise 
        participation.''.

SEC. 3005. STATEWIDE PLANNING.

  (a) In General.--Section 5304 is amended to read as follows:

``Sec. 5304. Statewide planning

  ``Grants made under sections 5307, 5308, 5309, 5310, 5311, 5316, and 
5317 shall be carried out in accordance with the statewide planning 
provisions of chapter 52.''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5304 and inserting the following:

``5304. Statewide planning.''.

SEC. 3006. PLANNING PROGRAMS.

  (a) In General.--Section 5305 is amended to read as follows:

``Sec. 5305. Planning programs

  ``(a) State Defined.--In this section the term `State' means a State 
of the United States, the District of Columbia, and Puerto Rico.
  ``(b) General Authority.--
          ``(1) Assistance.--Under criteria to be established by the 
        Secretary, the Secretary may provide assistance for--
                  ``(A) the development of transportation plans and 
                programs;
                  ``(B) planning, engineering, designing, and 
                evaluating a public transportation project; and
                  ``(C) for other technical studies.
          ``(2) Grants, agreements, and contracts.--The Secretary may 
        provide assistance under paragraph (1)--
                  ``(A) by making grants to States, authorities of 
                States, metropolitan planning organizations, and local 
                governmental authorities; or
                  ``(B) by making agreements with other departments, 
                agencies, and instrumentalities of the Government.
          ``(3) Eligible activities.--Activities eligible for 
        assistance under paragraph (1) include the following:
                  ``(A) Studies related to management, planning, 
                operations, capital requirements, and economic 
                feasibility.
                  ``(B) Evaluating previously financed projects.
                  ``(C) Peer reviews and exchanges of technical data, 
                information, assistance, and related activities in 
                support of planning and environmental analyses among 
                metropolitan planning organizations and other 
                transportation planners.
                  ``(D) Other similar and related activities 
                preliminary to and in preparation for constructing, 
                acquiring, or improving the operation of facilities and 
                equipment.
  ``(c) Purpose.--To the extent practicable, the Secretary shall ensure 
that amounts appropriated or made available under section 5338 to carry 
out this section and sections 5303 and 5304 are used to support 
balanced and comprehensive transportation planning that considers the 
relationships among land use and all transportation modes, without 
regard to the programmatic source of the planning amounts.
  ``(d) Metropolitan Planning Program.--
          ``(1) Apportionment to states.--
                  ``(A) In general.--The Secretary shall apportion 80 
                percent of the amounts made available under subsection 
                (g)(1) among the States to carry out sections 5303 and 
                5306 in the ratio that--
                          ``(i) the population of urbanized areas in 
                        each State, as shown by the latest available 
                        decennial census of population; bears to
                          ``(ii) the total population of urbanized 
                        areas in all States, as shown by that census.
                  ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), a State may not receive less than 0.5 
                percent of the amount apportioned under this paragraph.
          ``(2) Allocation to mpo's.--Amounts apportioned to a State 
        under paragraph (1) shall be made available within 30 days 
        after allocation to metropolitan planning organizations in the 
        State designated under this section under a formula that--
                  ``(A) considers population of urbanized areas;
                  ``(B) provides an appropriate distribution for 
                urbanized areas to carry out the cooperative processes 
                described in this section;
                  ``(C) the State develops in cooperation with the 
                metropolitan planning organizations; and
                  ``(D) the Secretary approves.
          ``(3) Supplemental amounts.--
                  ``(A) In general.--The Secretary shall apportion 20 
                percent of the amounts made available under subsection 
                (g)(1) among the States to supplement allocations made 
                under paragraph (1) for metropolitan planning 
                organizations.
                  ``(B) Formula.--The Secretary shall apportion amounts 
                referred to in subparagraph (A) under a formula that 
                reflects the additional cost of carrying out planning, 
                programming, and project selection responsibilities 
                under sections 5303 and 5306 in certain urbanized 
                areas.
  ``(e) State Planning and Research Program.--
          ``(1) Apportionment to states.--
                  ``(A) In general.--The Secretary shall apportion the 
                amounts made available under subsection (g)(2) among 
                the States for grants and contracts to carry out 
                sections 5303 through 5306, 5312, 5315, and 5322 in the 
                ratio that--
                          ``(i) the population of urbanized areas in 
                        each State, as shown by the latest available 
                        decennial census; bears to
                          ``(ii) the population of urbanized areas in 
                        all States, as shown by that census.
                  ``(B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), a State may not receive less than 0.5 
                percent of the amount apportioned under this paragraph.
          ``(2) Supplemental amounts.--A State, as the State considers 
        appropriate, may authorize part of the amount made available 
        under this subsection to be used to supplement amounts made 
        available under subsection (d).
  ``(f) Government's Share of Costs.--The Government's share of the 
cost of an activity funded using amounts made available under this 
section may not exceed 80 percent of the cost of the activity unless 
the Secretary determines that it is in the interests of the Government 
not to require a State or local match.
  ``(g) Allocation of Funds.--Of the funds made available by or 
appropriated to carry out this section under section 5338(c) for fiscal 
years 2004 through 2009--
          ``(1) 82.72 percent shall be available for the metropolitan 
        planning program under subsection (d); and
          ``(2) 17.28 percent shall be available to carry out 
        subsection (e).
  ``(h) Availability of Funds.--Funds apportioned under this section in 
a State shall remain available for obligation in that State for a 
period of 3 years after the last day of the fiscal year for which the 
funds are authorized. Any amounts so apportioned that remain 
unobligated at the end of that period shall be reapportioned among the 
States.''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5305 and inserting the following:

``5305. Planning programs.''.

SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION.

  (a) Section Heading.--Section 5306 is amended by striking the section 
heading and inserting the following:

``Sec. 5306. Private enterprise participation in planning; relationship 
                    to other limitations''.

  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5306 and inserting the following:

``5306. Private enterprise participation in planning; relationship to 
other limitations.''.

SEC. 3008. URBANIZED AREA FORMULA GRANTS.

  (a) Technical Amendments.--Section 5307 is amended--
          (1) by striking subsections (h) and (k); and
          (2) by redesignating subsections (i), (j), (l), (m), and (n) 
        as subsections (h), (i), (j), (k), and (l), respectively.
  (b) Definitions.--Section 5307(a)(2)(A) is amended--
          (1) by striking ``a person'' and inserting ``an entity''; and
          (2) by striking ``section 5305(a) of this title'' and 
        inserting ``chapter 52''.
  (c) General Authority.--Section 5307(b) is amended--
          (1) by striking paragraph (1) and inserting the following:
          ``(1) Grants.--The Secretary may make grants under this 
        section for--
                  ``(A) capital projects and associated capital 
                maintenance items;
                  ``(B) planning;
                  ``(C) transit enhancements; and
                  ``(D) operating costs of equipment and facilities for 
                use in public transportation in an urbanized area with 
                a population of less than 200,000.'';
          (2) in the heading to paragraph (2) by striking ``fiscal 
        years 2003 and 2004 and for the period of october 1, 2004, 
        through may 31, 2005'' and inserting ``fiscal years 2003 
        through 2005'';
          (3) in paragraph (2)(A) by striking ``fiscal years 2003'' and 
        all that follows through ``2005'' and inserting ``fiscal years 
        2003, 2004, and 2005'';
          (4) in paragraph (3) by striking ``section 5305(a) of this 
        title'' and inserting ``chapter 52''; and
          (5) in paragraph (3)(A) by striking ``section 5303 of this 
        title'' and inserting ``chapter 52''.
  (d) Grant Recipient Requirements.--Section 5307(d)(1) is amended--
          (1) in subparagraph (A) by inserting ``, including safety and 
        security aspects of the program'' after ``program'';
          (2) in subparagraph (H) by striking ``sections 5301(a) and 
        (d), 5303-5306, and 5310(a)-(d) of this title'' and inserting 
        ``subsections (a) and (d) of section 5301 and sections 5303 
        through 5306'';
          (3) in subparagraph (I) by striking ``and'' at the end; and
          (4) by adding at the end the following:
                  ``(K) in the case of a recipient for an urbanized 
                area with a population of at least 200,000--
                          ``(i) will expend one percent of the amount 
                        the recipient receives each fiscal year under 
                        this section for projects for transit 
                        enhancements, as defined in section 5302(a); 
                        and
                          ``(ii) will submit an annual report listing 
                        projects carried out in the preceding fiscal 
                        year with those funds; and''.
  (e) Government's Share of Costs.--Section 5307(e) is amended to read 
as follows:
  ``(e) Government's Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project 
        (including associated capital maintenance items) under this 
        section shall be for 80 percent of the net project cost of the 
        project. The recipient may provide additional local matching 
        amounts.
          ``(2) Operating expenses.--A grant for operating expenses 
        under this section may not exceed 50 percent of the net project 
        cost of the project.
          ``(3) Remainder.--The remainder of the net project cost shall 
        be provided--
                  ``(A) in cash from sources other than amounts of the 
                Government or revenues from providing public 
                transportation (excluding revenues derived from the 
                sale of advertising and concessions);
                  ``(B) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or reserve, or 
                new capital; and
                  ``(C) from amounts received under a service agreement 
                with a State or local social service agency or private 
                social service organization.''.
  (f) Reviews, Audits, and Evaluations.--Section 5307(h)(1)(A) (as 
redesignated by subsection (a) of this section) is amended by striking 
``shall'' and inserting ``may''.
  (g) Relationship to Other Laws.--Section 5307(l) (as redesignated by 
subsection (a) of this section) is amended--
          (1) by striking paragraph (1);
          (2) by redesignating paragraph (2) as paragraph (1);
          (3) by inserting ``This chapter.--'' before ``Sections 
        5302'';
          (4) by adding at the end the following:
          ``(2) Chapter 15 of title 5.--The provision of assistance 
        under this chapter shall not be construed as bringing within 
        the application of chapter 15 of title 5 any nonsupervisory 
        employee of a public transportation system (or any other agency 
        or entity performing related functions) to which such chapter 
        is otherwise inapplicable.''; and
          (5) by aligning the left margin of paragraph (1) (as so 
        redesignated) with paragraph (2) (as added by paragraph (4) of 
        this subsection).
  (h) Treatment.--At the end of section 5307, add the following:
  ``(m) Treatment.--For purposes of this section, the United States 
Virgin Islands shall be treated as an urbanized area, as defined in 
section 5302.''.

SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM.

  Section 5308 is amended to read as follows:

``Sec. 5308. Clean fuels formula grant program

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Clean fuel bus.--The term `clean fuel bus' means a 
        passenger vehicle used to provide public transportation that--
                  ``(A) is powered by--
                          ``(i) compressed natural gas;
                          ``(ii) liquefied natural gas;
                          ``(iii) biodiesel fuels;
                          ``(iv) batteries;
                          ``(v) alcohol-based fuels;
                          ``(vi) hybrid electric;
                          ``(vii) fuel cell;
                          ``(viii) clean diesel, to the extent allowed 
                        under this section; or
                          ``(ix) other low or zero emissions 
                        technology; and
                  ``(B) the Administrator of the Environmental 
                Protection Agency has certified sufficiently reduces 
                harmful emissions.
          ``(2) Eligible project.--The term `eligible project'--
                  ``(A) means a project in a nonattainment or 
                maintenance area described in paragraph (4)(A) for--
                          ``(i) purchasing or leasing clean fuel buses, 
                        including buses that employ a lightweight 
                        composite primary structure;
                          ``(ii) constructing or leasing clean fuel 
                        buses or electrical recharging facilities and 
                        related equipment for such buses; or
                          ``(iii) constructing new or improving 
                        existing public transportation facilities to 
                        accommodate clean fuel buses; and
                  ``(B) at the discretion of the Secretary, may include 
                a project located in a nonattainment or maintenance 
                area described in paragraph (4)(A) relating to clean 
                fuel, biodiesel, hybrid electric, or zero emissions 
                technology buses that exhibit equivalent or superior 
                emissions reductions to existing clean fuel or hybrid 
                electric technologies.
          ``(3) Maintenance area.--The term `maintenance area' has the 
        meaning such term has under section 101 of title 23.
          ``(4) Recipient.--
                  ``(A) In general.--The term `recipient' means a 
                designated recipient (as defined in section 5307(a)(2)) 
                for an area that, and a recipient for an urbanized area 
                with a population of less than 200,000 that--
                          ``(i) is designated as a nonattainment area 
                        for ozone or carbon monoxide under section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d)); or
                          ``(ii) is a maintenance area for ozone or 
                        carbon monoxide.
                  ``(B) Smaller urbanized areas.--In the case of an 
                urbanized area with a population of less than 200,000, 
                the State in which the area is located shall act as the 
                recipient for the area under this section.
  ``(b) Authority.--The Secretary shall make grants in accordance with 
this section to recipients to finance eligible projects.
  ``(c) Apportionment of Funds.--
          ``(1) Formula.--The Secretary shall apportion among 
        recipients amounts made available to carry out this section for 
        a fiscal year. Of such amounts--
                  ``(A) two-thirds shall be apportioned to recipients 
                serving urbanized areas with a population of at least 
                1,000,000, of which--
                          ``(i) 50 percent shall be apportioned so that 
                        each such recipient receives a grant under this 
                        section in an amount equal to the ratio that--
                                  ``(I) the number of vehicles in the 
                                bus fleet of the recipient, weighted by 
                                severity of nonattainment for the area 
                                served by the recipient; bears to
                                  ``(II) the total number of vehicles 
                                in the bus fleets of all such 
                                recipients, weighted by severity of 
                                nonattainment for all areas served by 
                                such recipients; and
                          ``(ii) 50 percent shall be apportioned so 
                        that each such recipient receives a grant under 
                        this section in an amount equal to the ratio 
                        that--
                                  ``(I) the number of bus passenger 
                                miles (as defined in section 5336(c)) 
                                of the recipient, weighted by severity 
                                of nonattainment of the area served by 
                                the recipient; bears to
                                  ``(II) the total number of bus 
                                passenger miles (as defined in section 
                                5336(c)) of all such recipients, 
                                weighted by severity of nonattainment 
                                of all areas served by such recipients; 
                                and
                  ``(B) one-third shall be apportioned to recipients 
                serving urbanized areas with a population of less than 
                1,000,000, of which--
                          ``(i) 50 percent shall be apportioned so that 
                        each such recipient receives a grant under this 
                        section in an amount equal to the ratio that--
                                  ``(I) the number of vehicles in the 
                                bus fleet of the recipient, weighted by 
                                severity of nonattainment for the area 
                                served by the recipient; bears to
                                  ``(II) the total number of vehicles 
                                in the bus fleets of all such 
                                recipients, weighted by severity of 
                                nonattainment for all areas served by 
                                such recipients; and
                          ``(ii) 50 percent shall be apportioned so 
                        that each such recipient receives a grant under 
                        this section in an amount equal to the ratio 
                        that--
                                  ``(I) the number of bus passenger 
                                miles (as defined in section 5336(c)) 
                                of the recipient, weighted by severity 
                                of nonattainment of the area served by 
                                the recipient; bears to
                                  ``(II) the total number of bus 
                                passenger miles (as defined in section 
                                5336(c)) of all such recipients, 
                                weighted by severity of nonattainment 
                                of all areas served by such recipients.
          ``(2) Weighting of severity of nonattainment.--
                  ``(A) In general.--For purposes of paragraph (1), 
                subject to subparagraph (B), the number of buses in the 
                bus fleet, or the number of passenger miles, shall be 
                multiplied by a factor of--
                          ``(i) 1.0 if, at the time of the 
                        apportionment, the area is a maintenance area 
                        for ozone or carbon monoxide;
                          ``(ii) 1.1 if, at the time of the 
                        apportionment, the area is classified as a 
                        marginal ozone nonattainment area under subpart 
                        2 of part D of title I of the Clean Air Act (42 
                        U.S.C. 7511 et seq.);
                          ``(iii) 1.2 if, at the time of the 
                        apportionment, the area is classified as a 
                        moderate ozone nonattainment area under subpart 
                        2 of such part;
                          ``(iv) 1.3 if, at the time of the 
                        apportionment, the area is classified as a 
                        serious ozone nonattainment area under subpart 
                        2 of such part;
                          ``(v) 1.4 if, at the time of the 
                        apportionment, the area is classified as a 
                        severe ozone nonattainment area under subpart 2 
                        of such part; or
                          ``(vi) 1.5 if, at the time of the 
                        apportionment, the area is classified as an 
                        extreme ozone nonattainment area under subpart 
                        2 of such part.
                  ``(B) Additional adjustment for carbon monoxide 
                areas.--If, in addition to being classified as a 
                nonattainment or maintenance area for ozone under 
                subpart 2 of such part, the area was also classified 
                under subpart 3 of such part as a nonattainment area 
                for carbon monoxide, the weighted nonattainment or 
                maintenance area fleet and passenger miles for the 
                recipient, as calculated under subparagraph (A), shall 
                be further multiplied by a factor of 1.2.
  ``(d) Clean Diesel Buses.--Not more than 35 percent of the amount 
made available by or appropriated under section 5338 in each fiscal 
year to carry out this section may be made available to fund clean 
diesel buses.
  ``(e) Grant Requirements.--
          ``(1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
          ``(2) Government's share of costs for certain projects.--
        Section 5323(i) applies to projects carried out under this 
        section.
  ``(f) Availability of Funds.--Any amount made available or 
appropriated under this section--
          ``(1) shall remain available to a project for 1 year after 
        the fiscal year for which the amount is made available or 
        appropriated; and
          ``(2) that remains unobligated at the end of the period 
        described in paragraph (1) shall be added to the amount made 
        available in the following fiscal year.''.

SEC. 3010. CAPITAL INVESTMENT GRANTS.

  (a) Section Heading.--Section 5309 is amended by striking the section 
heading and inserting the following:

``Sec. 5309. Capital investment grants''.

  (b) Loans for Real Property Interests.--Section 5309 is amended--
          (1) in subsections (a)(1) and (a)(2) by striking ``and 
        loans'';
          (2) by striking subsections (b) and (c); and
          (3) by redesignating subsection (d) as subsection (b).
  (c) Project as Part of Approved Program of Projects.--Section 5309(b) 
(as redesignated by subsection (b) of this section) is amended--
          (1) by striking ``Except as provided in subsections (b)(2) 
        and (e) of the section, the'' and inserting ``The''; and
          (2) by striking ``or loan''.
  (d) Criteria and Funding.--Section 5309 is amended by striking 
subsections (e) through (p) and inserting the following:
  ``(c) Major Capital Investment Grants of $75,000,000 or More.--
          ``(1) Full funding grant agreement.--A major new fixed 
        guideway capital project financed under this subsection shall 
        be carried out through a full funding grant agreement. The 
        Secretary shall enter into a full funding grant agreement based 
        on the evaluations and ratings required under this subsection. 
        The Secretary shall not enter into a full funding grant 
        agreement for a project unless that project is authorized for 
        final design and construction.
          ``(2) Approval of grants.--The Secretary may approve a grant 
        under this section for a major new fixed guideway capital 
        project only if the Secretary, based upon evaluations and 
        considerations set forth in paragraph (3), determines that the 
        proposal is--
                  ``(A) based on the results of an alternatives 
                analysis and preliminary engineering;
                  ``(B) justified based on a comprehensive review of 
                its mobility improvements, environmental benefits, cost 
                effectiveness, operating efficiencies, and transit 
                supportive policies, and existing land use; and
                  ``(C) supported by an acceptable degree of local 
                financial commitment (including evidence of stable and 
                dependable financing sources) to construct, maintain, 
                and operate the system or extension.
          ``(3) Considerations.--
                  ``(A) Results of alternatives analysis and 
                preliminary engineering.--In evaluating a proposed 
                project for purposes of making the finding required by 
                paragraph (2)(A), the Secretary shall analyze and 
                consider the results of the alternatives analysis and 
                preliminary engineering for the project.
                  ``(B) Project justification.--In evaluating a 
                proposed project for purposes of making the finding 
                required by paragraph (2)(B), the Secretary shall--
                          ``(i) consider the direct and indirect costs 
                        of relevant alternatives;
                          ``(ii) consider factors such as congestion 
                        relief, improved mobility, air pollution, noise 
                        pollution, energy consumption, and all 
                        associated ancillary and mitigation costs 
                        necessary to carry out each alternative 
                        analyzed and recognize reductions in local 
                        infrastructure costs achieved through compact 
                        land use development;
                          ``(iii) identify and consider public 
                        transportation supportive existing land use 
                        policies and future patterns and the cost of 
                        suburban sprawl;
                          ``(iv) consider the degree to which the 
                        project increases the mobility of the public 
                        transportation dependent population or promotes 
                        economic development;
                          ``(v) consider population density and current 
                        transit ridership in the corridor;
                          ``(vi) consider the technical capability of 
                        the grant recipient to construct the project;
                          ``(vii) adjust the project justification to 
                        reflect differences in local land, 
                        construction, and operating costs; and
                          ``(viii) consider other factors that the 
                        Secretary determines appropriate to carry out 
                        this chapter.
                  ``(C) Local financial commitment.--In evaluating a 
                proposed project under paragraph (2)(C), the Secretary 
                shall require that--
                          ``(i) the proposed project plan provides for 
                        the availability of contingency amounts that 
                        the Secretary determines to be reasonable to 
                        cover unanticipated cost increases;
                          ``(ii) each proposed local source of capital 
                        and operating financing is stable, reliable, 
                        and available within the proposed project 
                        timetable; and
                          ``(iii) local resources are available to 
                        operate the overall proposed public 
                        transportation system (including essential 
                        feeder bus and other services necessary to 
                        achieve the projected ridership levels) without 
                        requiring a reduction in existing public 
                        transportation services to operate the proposed 
                        project.
                  ``(D) Assessment of local financing.--In assessing 
                the stability, reliability, and availability of 
                proposed sources of local financing under paragraph 
                (2)(C), the Secretary shall consider--
                          ``(i) existing grant commitments;
                          ``(ii) the degree to which financing sources 
                        are dedicated to the purposes proposed;
                          ``(iii) any debt obligation that exists or is 
                        proposed by the recipient for the proposed 
                        project or other public transportation purpose; 
                        and
                          ``(iv) the extent to which the project has a 
                        local financial commitment that exceeds the 
                        required non-Federal share of the cost of the 
                        project.
          ``(4) Evaluation and rating of projects.--A proposed project 
        under this subsection may advance from alternatives analysis to 
        preliminary engineering, and may advance from preliminary 
        engineering to final design and construction, only if the 
        Secretary finds that the project meets the requirements of this 
        section and there is a reasonable likelihood that the project 
        will continue to meet such requirements. In making the 
        findings, the Secretary shall evaluate and rate the project as 
        `highly recommended', `recommended', or `not recommended' based 
        on the results of alternatives analysis, the project 
        justification criteria, and the degree of local financial 
        commitment, as required under this subsection. In rating the 
        projects, the Secretary shall provide, in addition to the 
        overall project rating, individual ratings for each of the 
        criteria established by regulation.
          ``(5) Major defined.--In this section, the term `major', as 
        used with respect to a new fixed guideway capital project, 
        means the Federal assistance provided or to be provided under 
        this section for the project is $75,000,000 or more.
  ``(d) Capital Investment Grants Less Than $75,000,000.--
          ``(1) In general.--Subject to the provisions of this 
        subsection, if the Federal assistance provided or to be 
        provided under this section with respect to a new fixed 
        guideway capital project is less than $75,000,000, and not less 
        than $25,000,000, the project shall be subject to the 
        requirements in this subsection. A new fixed guideway capital 
        project is not subject to the requirements of this subsection 
        if the assistance provided under this section with respect to 
        the project is less than $25,000,000.
          ``(2) Selection criteria.--The Secretary may provide Federal 
        assistance under this subsection with respect to a proposed 
        project only if the Secretary finds that the project is--
                  ``(A) based on the results of planning and 
                alternatives analysis;
                  ``(B) justified based on a review of its public 
                transportation supportive land use policies, cost 
                effectiveness, and effect on local economic 
                development; and
                  ``(C) supported by an acceptable degree of local 
                financial commitment.
          ``(3) Planning and alternatives.--In evaluating a project 
        under paragraph (2)(A), the Secretary shall analyze and 
        consider the results of planning and alternatives analysis for 
        the project.
          ``(4) Project justification.--For purposes of making the 
        finding under paragraph (2)(B), the Secretary shall--
                  ``(A) determine the degree to which the project is 
                consistent with local land use policies and is likely 
                to achieve local developmental goals;
                  ``(B) determine the cost effectiveness of the project 
                at the time of the initiation of revenue service;
                  ``(C) determine the degree to which the project will 
                have a positive effect on local economic development;
                  ``(D) consider the reliability of the forecasts of 
                costs and ridership associated with the project; and
                  ``(E) consider other factors that the Secretary 
                determines appropriate to carry out this subsection.
          ``(5) Local financial commitment.--For purposes of paragraph 
        (2)(C), the Secretary shall require that each proposed local 
        source of capital and operating financing is stable, reliable, 
        and available within the proposed project timetable.
          ``(6) Advancement of project to development and 
        construction.--
                  ``(A) General rule.--A proposed project under this 
                subsection may advance from planning and alternatives 
                analysis to project development and construction only 
                if--
                          ``(i) the Secretary finds that the project 
                        meets the requirements of this subsection and 
                        there is a reasonable likelihood that the 
                        project will continue to meet such 
                        requirements; and
                          ``(ii) the metropolitan planning organization 
                        has adopted the locally preferred alternative 
                        for the project into the long-range 
                        transportation plan.
                  ``(B) Evaluation.--In making the findings under 
                subparagraph (A), the Secretary shall evaluate and rate 
                the project as `recommended' or `not recommended' based 
                on the results of the analysis of the project 
                justification criteria and the degree of local 
                financial commitment, as required by this subsection.
          ``(7) Contents of project construction grant agreement.--A 
        project construction grant agreement under this subsection 
        shall specify the scope of the project to be constructed, the 
        estimated net project cost of the project, the schedule under 
        which the project shall be constructed, the maximum amount of 
        funding to be obtained under this subsection, the proposed 
        schedule for obligation of future Federal grants, and the 
        sources of funding from other than the Government. The 
        agreement may include a commitment on the part of the Secretary 
        to provide funding for the project in future fiscal years.
          ``(8) Limitation on entry into construction grant 
        agreement.--The Secretary may enter into a project construction 
        grant agreement for a project under this subsection only if the 
        project is authorized for construction and has been rated as 
        `recommended' under this subsection.
          ``(9) Regulations.--Not later than 120 days after the date of 
        enactment of the Federal Public Transportation Act of 2005, the 
        Secretary shall issue regulations establishing an evaluation 
        and rating process for proposed projects underthis subsection 
that is based on the results of project justification and local 
financial commitment, as required under this subsection.
          ``(10) Fixed guideway capital project.--In this subsection, 
        the term `fixed guideway capital project' includes a corridor-
        based public transportation bus capital project if the majority 
        of the project's corridor right-of-way is dedicated alignment 
        for exclusive use by public transportation vehicles for all or 
        part of the day.
  ``(e) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (c) and (d) do not apply to projects for which 
the Secretary has issued a letter of intent or entered into a full 
funding grant agreement before the date of enactment of the Federal 
Public Transportation Act of 2005. Subsection (d) also does not apply 
to projects for which the Secretary has received an application for 
final design before such date of enactment.
  ``(f) Letters of Intent, Full Funding Grant Agreements, and Early 
Systems Work Agreements.--
          ``(1) Letters of intent.--
                  ``(A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an applicant 
                announcing an intention to obligate, for a capital 
                project under this section, an amount from future 
                available budget authority specified in law that is not 
                more than the amount stipulated as the financial 
                participation of the Secretary in the project. When a 
                letter is issued for fixed guideway projects, the 
                amount shall be sufficient to complete at least an 
                operable segment.
                  ``(B) Treatment.--The issuance of a letter under 
                subparagraph (A) is deemed not to be an obligation 
                under sections 1108(c), 1108(d), 1501, and 1502(a) of 
                title 31 or an administrative commitment.
          ``(2) Full funding grant agreements.--
                  ``(A) Terms.--The Secretary may make a full funding 
                grant agreement with an applicant. The agreement 
                shall--
                          ``(i) establish the terms of participation by 
                        the Government in a project under this section;
                          ``(ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          ``(iii) cover the period of time for 
                        completing the project, including a period 
                        extending beyond the period of an 
                        authorization; and
                          ``(iv) make timely and efficient management 
                        of the project easier according to the law of 
                        the United States.
                  ``(B) Special financial rules.--
                          ``(i) In general.--An agreement under this 
                        paragraph obligates an amount of available 
                        budget authority specified in law and may 
                        include a commitment, contingent on amounts to 
                        be specified in law in advance for commitments 
                        under this paragraph, to obligate an additional 
                        amount from future available budget authority 
                        specified in law.
                          ``(ii) Statement of contingent commitment.--
                        The agreement shall state that the contingent 
                        commitment is not an obligation of the 
                        Government.
                          ``(iii) Interest and other financing costs.--
                        Interest and other financing costs of 
                        efficiently carrying out a part of the project 
                        within a reasonable time are a cost of carrying 
                        out the project under a full funding grant 
                        agreement, except that eligible costs may not 
                        be more than the cost of the most favorable 
                        financing terms reasonably available for the 
                        project at the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to the 
                        Secretary, that the applicant has shown 
                        reasonable diligence in seeking the most 
                        favorable financing terms.
                          ``(iv) Completion of operable segment.--The 
                        amount stipulated in an agreement under this 
                        paragraph for a fixed guideway project shall be 
                        sufficient to complete at least an operable 
                        segment.
          ``(3) Early system work agreements.--
                  ``(A) Conditions.--The Secretary may make an early 
                systems work agreement with an applicant if a record of 
                decision under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.) has been issued on the 
                project and the Secretary finds there is reason to 
                believe--
                          ``(i) a full funding grant agreement for the 
                        project will be made; and
                          ``(ii) the terms of the work agreement will 
                        promote ultimate completion of the project more 
                        rapidly and at less cost.
                  ``(B) Contents.--
                          ``(i) In general.--A work agreement under 
                        this paragraph obligates an amount of available 
                        budget authority specified in law and shall 
                        provide for reimbursement of preliminary costs 
                        of carrying out the project, including land 
                        acquisition, timely procurement of system 
                        elements for which specifications are decided, 
                        and other activities the Secretary decides are 
                        appropriate to make efficient, long-term 
                        project management easier.
                          ``(ii) Period covered.--A work agreement 
                        under this paragraph shall cover the period of 
                        time the Secretary considers appropriate. The 
                        period may extend beyond the period of current 
                        authorization.
                          ``(iii) Interest and other financing costs.--
                        Interest and other financing costs of 
                        efficiently carrying out the work agreement 
                        within a reasonable time are a cost of carrying 
                        out the agreement, except that eligible costs 
                        may not be more than the cost of the most 
                        favorable financing terms reasonably available 
                        for the project at the time of borrowing. The 
                        applicant shall certify, in a way satisfactory 
                        to the Secretary, that the applicant has shown 
                        reasonable diligence in seeking the most 
                        favorable financing terms.
                          ``(iv) Failure to carry out project.--If an 
                        applicant does not carry out the project for 
                        reasons within the control of the applicant, 
                        the applicant shall repay all Government 
                        payments made under the work agreement plus 
                        reasonable interest and penalty charges the 
                        Secretary establishes in the agreement.
          ``(4) Limitation on amounts.--
                  ``(A) Major capital investment grants contingent 
                commitment authority.--The total estimated amount of 
                future obligations of the Government and contingent 
                commitments to incur obligations covered by all 
                outstanding letters of intent, full funding grant 
                agreements, and early systems work agreements under 
                this subsection for major new fixed guideway capital 
                projects may be not more than the greater of the amount 
                authorized under sections 5338(b) and 5338(h)(1) for 
                such projects or an amount equivalent to the last 3 
                fiscal years of funding allocated under subsections 
                (m)(1)(B) and (m)(2)(B)(ii) for such projects, less an 
                amount the Secretary reasonably estimates is necessary 
                for grants under this section for those of such 
                projects that are not covered by a letter or agreement. 
                The total amount covered by new letters and contingent 
                commitments included in full funding grant agreements 
                and early systems work agreements for such projects may 
                be not more than a limitation specified in law.
                  ``(B) Other contingent commitment authority.--The 
                total estimated amount of future obligations of the 
                Government and contingent commitments to incur 
                obligations covered by all project construction grant 
                agreements and early system work agreements under this 
                subsection for small capital projects described in 
                subsection (d) may be not more than the greater of the 
                amount allocated under subsection (m)(2)(A) for such 
                projects or an amount equivalent to the last fiscal 
                year of funding allocated under subsection (m)(2)(A) 
                for such projects, less an amount the Secretary 
                reasonably estimates is necessary for grants under this 
                section for those of such projects that are not covered 
                by an agreement. The total amount covered by new 
                contingent commitments included in project construction 
                grant agreements and early systems work agreements for 
                such projects may be not more than a limitation 
                specified in law.
                  ``(C) Inclusion of certain commitments.--Future 
                obligations of the Government and contingent 
                commitments made against the contingent commitment 
                authority under section 3032(g)(2) of the Intermodal 
                Surface Transportation Efficiency Act of 1991 (106 
                Stat. 2125) for the San Francisco BART to the Airport 
                project for fiscal years 2002, 2003, 2004, 2005, and 
                2006 shall be charged against section 3032(g)(2) of 
                that Act.
                  ``(D) Appropriation required.--An obligation may be 
                made under this subsection only when amounts are 
                appropriated for the obligation.
          ``(5) Notification of congress.--At least 60 days before 
        issuing a letter of intent or entering into a full funding 
        grant agreement or project construction grant agreement under 
        this section, the Secretary shall notify, in writing, the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate of the proposed letter or 
        agreement. The Secretary shall include with the notification a 
        copy of the proposed letter or agreement as well as the 
        evaluations and ratings for the project.
  ``(g) Government's Share of Net Project Cost.--
          ``(1) Federal share.--Based on engineering studies, studies 
        of economic feasibility, and information on the expected use of 
        equipment or facilities, the Secretary shall estimate the net 
        project cost. A grant for the project shall be for 80 percent 
        of the net capital project cost, unless the grant recipient 
        requests a lower grant percentage.
          ``(2) Remainder of net project cost.--The remainder of net 
        project costs shall be provided from an undistributed cash 
        surplus, a replacement or depreciation cash fund or reserve, or 
        new capital.
          ``(3) Limitation on statutory construction.--Nothing in this 
        section, including paragraph (1) and subsections (c)(3)(D)(iv) 
        and (c)(4), shall be construed as authorizing the Secretary to 
        require a non-Federal financial commitment for a project that 
        is more than 20 percent of the net capital project cost.
          ``(4) Special rule for rolling stock costs.--In addition to 
        amounts allowed pursuant to paragraph (1), a planned extension 
        to a fixed guideway system may include the cost of rolling 
        stock previously purchased if the applicant satisfies the 
        Secretary that only amounts other than amounts of the 
        Government were used and that the purchase was made for use on 
        the extension. A refund or reduction of the remainder may be 
        made only if a refund of a proportional amount of the grant of 
        the Government is made at the same time.
          ``(5) Limitation on applicability.--This subsection does not 
        apply to projects for which the Secretary has entered into a 
        full funding grant agreement before the date of enactment of 
        the Federal Public Transportation Act of 2005.
  ``(h) Fiscal Capacity Considerations.--If the Secretary gives 
priority consideration to financing projects that include more than the 
non-Government share required under subsection (g), the Secretary shall 
give equal consideration to differences in the fiscal capacity of State 
and local governments.
  ``(i) Reports on New Starts.--
          ``(1) Annual dot report.--Not later than the first Monday in 
        February of each year, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate a report that includes--
                  ``(A) a proposal of allocations of amounts to be 
                available to finance grants for new fixed guideway 
                capital projects among applicants for these amounts;
                  ``(B) evaluations and ratings, as required under 
                subsection (c), for each such project that is 
                authorized by the Federal Public Transportation Act of 
                2005; and
                  ``(C) recommendations of such projects for funding 
                based on the evaluations and ratings and on existing 
                commitments and anticipated funding levels for the next 
                3 fiscal years and for the next 10 fiscal years based 
                on information currently available to the Secretary.
          ``(2) Annual gao review.--The Comptroller General shall--
                  ``(A) conduct an annual review of--
                          ``(i) the processes and procedures for 
                        evaluating, rating, and recommending new fixed 
                        guideway capital projects; and
                          ``(ii) the Secretary's implementation of such 
                        processes and procedures; and
                  ``(B) report to Congress on the results of such 
                review by May 31 of each year.
  ``(j) Undertaking Projects in Advance.--
          ``(1) In general.--The Secretary may pay the Government's 
        share of the net capital project cost to a State or local 
        governmental authority that carries out any part of a project 
        described in this section without the aid of amounts of the 
        Government and according to all applicable procedures and 
        requirements if--
                  ``(A) the State or local governmental authority 
                applies for the payment;
                  ``(B) the Secretary approves the payment; and
                  ``(C) before carrying out the part of the project, 
                the Secretary approves the plans and specifications for 
                the part in the same way as other projects under this 
                section.
          ``(2) Financing costs.--
                  ``(A) In general.--The cost of carrying out part of a 
                project includes the amount of interest earned and 
                payable on bonds issued by the State or local 
                governmental authority to the extent proceeds of the 
                bonds are expended in carrying out the part.
                  ``(B) Limitation on amount of interest.--The amount 
                of interest under this paragraph may not be more than 
                the most favorable interest terms reasonably available 
                for the project at the time of borrowing.
                  ``(C) Certification.--The applicant shall certify, in 
                a manner satisfactory to the Secretary, that the 
                applicant has shown reasonable diligence in seeking the 
                most favorable financial terms.
          ``(3) Capital project cost indices.--The Secretary shall 
        consider changes in capital project cost indices when 
        determining the estimated cost under paragraph (2).
  ``(k) Bus and Bus Facilities Projects.--In making grants under 
subsections (m)(1)(C) and (m)(2)(B)(iii), the Secretary shall consider 
the age of buses, bus fleets, related equipment, and bus-related 
facilities.
  ``(l) Availability of Amounts.--An amount made available or 
appropriated under section 5338(b), 5338(g), or 5338(h) for 
replacement, rehabilitation, and purchase of buses and related 
equipment and construction of bus-related facilities or for new fixed 
guideway capital projects shall remain available for 3 fiscal years, 
including the fiscal year in which the amount is made available or 
appropriated. Any of such amounts that are unobligated at the end of 
the 3-fiscal-year period shall be deobligated and may be used by the 
Secretary for any purpose under this section.
  ``(m) Allocating Amounts.--
          ``(1) Fiscal year 2004.--The total amount of funds made 
        available by or appropriated under section 5338(b) for fiscal 
        year 2004 shall be allocated as follows:
                  ``(A) 40 percent for fixed guideway modernization;
                  ``(B) 40 percent for major new fixed guideway capital 
                projects; and
                  ``(C) 20 percent to replace, rehabilitate, and 
                purchase buses and related equipment and to construct 
                bus-related facilities.
          ``(2) Fiscal years 2005-2009.--The total amount of funds made 
        available by section 5338(g), and appropriated under section 
        5338(h), for each of fiscal years 2005 through 2009 shall be 
        allocated in the fiscal year as follows:
                  ``(A) Small capital projects.--From funds 
                appropriated under section 5338(h) for new fixed 
                guideway capital projects described in subsection (d)--
                          ``(i) $135,000,000 in fiscal year 2005;
                          ``(ii) $175,000,000 in fiscal year 2006;
                          ``(iii) $200,000,000 in fiscal year 2007;
                          ``(iv) $200,000,000 in fiscal year 2008; and
                          ``(v) $225,000,000 in fiscal year 2009.
                  ``(B) Remainder.--After the allocation under 
                subparagraph (A), the remainder of such total amount 
                shall be allocated as follows:
                          ``(i) 40 percent for fixed guideway 
                        modernization, to be derived from funds made 
                        available under section 5338(g).
                          ``(ii) 40 percent for major new fixed capital 
                        guideway projects, to be derived from funds 
                        appropriated under section 5338(h).
                          ``(iii) 20 percent to replace, rehabilitate, 
                        and purchase buses and related equipment and to 
                        construct bus-related facilities, to be derived 
                        from funds made available under section 
                        5338(g).
          ``(3) Funding for ferry boat systems.--Of the amounts made 
        available under paragraphs (1)(B) and (2)(B)(ii), $10,400,000 
        shall be available in each of fiscal years 2004 through 2009 
        for new fixed guideway capital projects in Alaska or Hawaii 
        that are for ferry boats or ferry terminal facilities or that 
        are for approaches to ferry terminal facilities. Of the amounts 
        made available under paragraphs (1)(C) and (2)(B)(iii), 
        $10,000,000 shall be available in each of fiscal years 2005 
        through 2009 for ferry boats or ferry terminal facilities.
          ``(4) Fuel cell bus program.--Of the amounts made available 
        under subsections (m)(1)(C) and (m)(2)(B)(iii) for a fiscal 
        year, the following amounts shall be set aside for the national 
        fuel cell bus technology development program under section 3039 
        of the Federal Public Transportation Act of 2005:
                  ``(A) $4,849,950 for fiscal year 2004.
                  ``(B) $10,000,000 for fiscal year 2005.
                  ``(C) $11,000,000 for fiscal year 2006.
                  ``(D) $12,000,000 for fiscal year 2007.
                  ``(E) $13,000,000 for fiscal year 2008.
                  ``(F) $14,000,000 for fiscal year 2009.
  ``(n) New Fixed Guideway Capital Project Defined.--In this section, 
the term `new fixed guideway capital project' means a minimum operable 
segment of a capital project for a new fixed guideway system or 
extension to an existing fixed guideway system.''.
  (e) Conforming Amendments.--
          (1) Chapter analysis.--The analysis for chapter 53 is amended 
        by striking the item relating to section 5309 and inserting the 
        following:

``5309. Capital investment grants.''.

          (2) Section 5328.--Section 5328(a) is amended--
                  (A) in paragraph (2) by striking ``5309(e)'' and 
                inserting ``5309(c)''; and
                  (B) in paragraph (4) by striking ``under section 
                5309(o)(1)'' and inserting ``under section 
                5309(i)(1)''.

SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF ELDERLY INDIVIDUALS AND 
                    INDIVIDUALS WITH DISABILITIES.

  (a) In General.--Section 5310 is amended--
          (1) by striking the section heading and inserting the 
        following:

``Sec. 5310. Formula grants for special needs of elderly individuals 
                    and individuals with disabilities'';

          (2) by striking subsections (a) through (g) and inserting the 
        following:
  ``(a) General Authority.--
          ``(1) Grants.--The Secretary may make grants to States and 
        local governmental authorities under this section for public 
        transportation capital projects, and operating costs associated 
        with public transportation capital projects, planned, designed, 
        and carried out to meet the special needs of elderly 
        individuals and individuals with disabilities.
          ``(2) Subrecipients.--A State that receives a grant under 
        this section may allocate the amounts of the grant to--
                  ``(A) a private nonprofit organization if the public 
                transportation service provided under paragraph (1) is 
                unavailable, insufficient, or inappropriate; or
                  ``(B) a governmental authority that--
                          ``(i) is approved by the State to coordinate 
                        services for elderly individuals and 
                        individuals with disabilities; or
                          ``(ii) certifies that there are not any 
                        nonprofit organizations readily available in 
                        the area to provide the services described 
                        under paragraph (1).
          ``(3) Acquiring public transportation services.--A public 
        transportation capital project under this section may include 
        acquisition of public transportation services as an eligible 
        capital expense.
          ``(4) Administrative expenses.--A State or local governmental 
        authority may use not more than 10 percent of the amounts 
        apportioned to the State under this section to administer, 
        plan, and provide technical assistance for a project funded 
        under this section.
  ``(b) Apportionment and Transfers.--
          ``(1) Apportionment.--
                  ``(A) Formula.--The Secretary shall apportion amounts 
                made available to carry out this section under a 
                formula the Secretary administers that considers the 
                number of elderly individuals and individuals with 
                disabilities in each State.
                  ``(B) Low density adjustment.--In administering the 
                apportionment formula under subparagraph (A)--
                          ``(i) in the case of a State with a 
                        population density of 10 or fewer persons per 
                        square mile, the Secretary shall multiply by a 
                        factor of 2 the number of elderly individuals 
                        and individuals with disabilities in the State 
                        (as determined using the most recent decennial 
                        United States Census); and
                          ``(ii) in the case of a State with a 
                        population density of more than 10 but equal to 
                        or fewer than 30 persons per square mile, the 
                        Secretary shall multiply by a factor of 1.25 
                        the number of elderly individuals and 
                        individuals with disabilities in the State (as 
                        determined using the most recent decennial 
                        United States Census).
          ``(2) Transfers.--Any State's apportionment remaining 
        available for obligation at the beginning of the 90-day period 
        before the end of the period of availability of the 
        apportionment is available to the State for transfer to 
        supplement amounts apportioned to the State under section 
        5311(c) or 5336(a)(1), or both. Any funds transferred pursuant 
        to this paragraph shall be made available only for eligible 
        projects as described in this section.
  ``(c) Government's Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project under 
        this section shall be for 80 percent of the net capital costs 
        of the project, as determined by the Secretary; except that in 
        the case of a State described in section 120(b)(1) of title 23, 
        such percentage shall be increased in accordance with such 
        section.
          ``(2) Operating assistance.--A grant made under this section 
        for operating assistance may not exceed 50 percent of the net 
        operating costs of the project, as determined by the Secretary.
          ``(3) Remainder.--The remainder of the net project costs--
                  ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital; and
                  ``(B) may be derived from amounts appropriated to or 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be expended for 
                transportation.
          ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the Social 
        Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
        Federal or State funds to be used for transportation purposes.
  ``(d) Grant Requirements.--
          ``(1) In general.--A grant under this section shall be 
        subject to all requirements of a grant under section 5307. A 
        grant to a subrecipient under this section shall be subject to 
        such requirements to the extent the Secretary considers 
        appropriate.
          ``(2) Coordination with nonprofit providers.--A recipient 
        that transfers funds to an apportionment under section 
        5336(a)(1) pursuant to subsection (b)(2) shall certify that the 
        project for which the funds are requested under this section 
        has been coordinated with nonprofit providers of services.
          ``(3) Project selection and planning.--Beginning in fiscal 
        year 2007, a recipient of funds under this section shall 
        certify that--
                  ``(A) the projects selected were derived from a 
                locally developed, coordinated public transit-human 
                services transportation plan; and
                  ``(B) the plan was developed through a process that 
                included representatives of public, private, and 
                nonprofit transportation and human services providers 
                and participation by the public.
          ``(4) Fair and equitable distribution.--A recipient of a 
        grant under this section shall certify that allocations of the 
        grant to subrecipients are distributed on a fair and equitable 
        basis.
  ``(e) State Program.--
          ``(1) In general.--Amounts made available to carry out this 
        section may be used for transportation projects to assist in 
        providing transportation services for elderly individuals and 
        individuals with disabilities that are included in a State 
        program of projects.
          ``(2) Submission and approval.--A program shall be submitted 
        annually to the Secretary for approval and shall contain an 
        assurance that the program provides for maximum feasible 
        coordination of transportation services assisted under this 
        section with transportation services assisted by other 
        Government sources.
  ``(f) Leasing Vehicles.--Vehicles acquired under this section may be 
leased to local governmental authorities to improve transportation 
services designed to meet the special needs of elderly individuals and 
individuals with disabilities.''; and
          (3) by redesignating subsections (h) through (j) as 
        subsections (g) through (i), respectively.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5310 and inserting the following:

``5310. Formula grants for special needs of elderly individuals and 
individuals with disabilities.''.

SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBANIZED AREAS.

  (a) Definitions.--Section 5311(a) is amended to read as follows:
  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Recipient.--The term `recipient' means a State that 
        receives a Federal transit program grant directly from the 
        Government.
          ``(2) Subrecipient.--The term `subrecipient' means a State or 
        local governmental authority, nonprofit organization, or 
        operator of public transportation services that receives a 
        Federal transit program grant indirectly through a 
        recipient.''.
  (b) General Authority.--Section 5311(b) is amended to read as 
follows:
  ``(b) General Authority.--
          ``(1) Grants.--Except as provided in paragraph (2), the 
        Secretary may make grants to other than urbanized areas under 
        this section for the following:
                  ``(A) Public transportation capital projects.
                  ``(B) Operating costs of equipment and facilities for 
                use in public transportation.
                  ``(C) Acquisition of public transportation services, 
                including service agreements with private providers of 
                public transportation services.
          ``(2) State program.--
                  ``(A) In general.--Amounts made available to carry 
                out this section shall be used for projects included in 
                a State program for public transportation projects, 
                including service agreements with private providers of 
                public transportation.
                  ``(B) Submission.--The program shall be submitted 
                annually to the Secretary for approval.
                  ``(C) Approval.--The Secretary may approve the 
                program only if the Secretary finds that the program 
                provides a fair distribution of amounts in the State, 
                including Indian reservations, and the maximum feasible 
                coordination of public transportation service assisted 
                under this section with transportation service assisted 
                by other Federal sources.
          ``(3) Rural transportation assistance program.--
                  ``(A) In general.--The Secretary shall carry out a 
                rural transportation assistance program in other than 
                urbanized areas.
                  ``(B) Grants and contracts.--In carrying out this 
                paragraph, the Secretary may use not more than 2 
                percent of the amount made available to carry out this 
                section to make grants and contracts for transportation 
                research, technical assistance, training, and related 
                support services in other than urbanized areas.
                  ``(C) Projects of a national scope.--Not more than 15 
                percent of the amounts available under subparagraph (B) 
                may be used by the Secretary to carry out projects of a 
                national scope, with the remaining balance provided to 
                the States.''.
  (c) Apportionments.--Section 5311(c) is amended to read as follows:
  ``(c) Apportionments.--
          ``(1) In general.--The Secretary shall apportion amounts made 
        available to carry out this section among the States in the 
        ratio that--
                  ``(A) the population of other than urbanized areas in 
                each State, as shown by the most recent Government 
                decennial census of population; bears to
                  ``(B) the population of all other than urbanized 
                areas in the United States, as shown by that census.
          ``(2) Low density adjustment.--In administering the 
        apportionment formula under paragraph (1)--
                  ``(A) in the case of a State with a population 
                density of 10 or fewer persons per square mile in other 
                than urbanized areas of the State, the Secretary shall 
                multiply by a factor of 1.5 the population of such 
                other than urbanized areas (as determined using the 
                most recent decennial United States Census); and
                  ``(B) in the case of a State with a population 
                density of more than 10 but equal to or fewer than 12 
                persons per square mile in other than urbanized areas 
                of the State, the Secretary shall multiply by a factor 
                of 1.25 the population of such other than urbanized 
                areas (as determined using the most recent decennial 
                United States Census).
          ``(3) Availability.--The amount apportioned to a State under 
        this subsection may be obligated by the State for 2 fiscal 
        years after the fiscal year in which the amount is apportioned. 
        An amount that is not obligated at the end of that period shall 
        be reapportioned among the States for the next fiscal year.''.
  (d) Use for Administration, Planning, and Technical Assistance.--
Section 5311(e) is amended--
          (1) in the subsection heading by inserting ``, planning,'' 
        after ``administration'';
          (2) by striking ``(1) The Secretary'' and inserting ``The 
        Secretary'';
          (3) by striking paragraph (2); and
          (4) by striking ``recipient'' and inserting ``subrecipient''.
  (e) Intercity Bus Transportation.--Section 5311(f) is amended--
          (1) in paragraph (1) by striking ``after September 30, 
        1993,''; and
          (2) in paragraph (2) by striking ``A State'' and inserting 
        ``After consultation with affected intercity bus service 
        providers, a State''.
  (f) Government's Share of Costs.--Section 5311(g) is amended to read 
as follows:
  ``(g) Government's Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project under 
        this section shall be for 80 percent of the net capital costs 
        of the project, as determined by the Secretary; except that in 
        the case of a State described in section 120(b)(1) of title 23, 
        such percentage shall be increased in accordance with such 
        section.
          ``(2) Operating assistance.--A grant made under this section 
        for operating assistance may not exceed 50 percent of the net 
        operating costs of the project, as determined by the Secretary.
          ``(3) Remainder.--The remainder of net project costs--
                  ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital; and
                  ``(B) may be derived from amounts appropriated to or 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be expended for 
                transportation.
          ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the Social 
        Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
        Federal or State funds to be used for transportation purposes.
          ``(5) Limitation on operating assistance.--A State carrying 
        out a program of operating assistance under this section may 
        not limit the level or extent of use of the Government grant 
        for the payment of operating expenses.''.
  (g) Relationship to Other Laws.--Section 5311 is amended--
          (1) by striking subsection (h); and
          (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively.
  (h) Correction to Chapter Analysis.--The analysis for chapter 53 is 
amended by striking the item relating to section 5311 and inserting the 
following:

``5311. Formula grants for other than urbanized areas.''.

SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, AND DEPLOYMENT 
                    PROJECTS.

  (a) In General.--Section 5312 is amended--
          (1) in subsection (a)--
                  (A) by striking the first parenthetical phrase;
                  (B) by striking ``or contracts'' and inserting ``, 
                contracts, cooperative agreements, or other 
                transactions'';
                  (C) by striking ``help reduce urban transportation 
                needs, improve mass transportation service,'' and 
                inserting ``improve transportation service'';
                  (D) by striking ``urban'' each place it appears; and
                  (E) by striking ``and demonstration projects'' and 
                inserting ``, demonstration or deployment projects, or 
                evaluation of technology of national significance'';
          (2) by striking subsections (b) and (c);
          (3) by redesignating subsections (d) and (e) as subsections 
        (b) and (c), respectively;
          (4) in subsection (b)(2) (as so redesignated) by striking 
        ``other agreements'' and inserting ``other transactions''; and
          (5) in subsection (c)(2) (as so redesignated) by striking 
        ``public and'' and inserting ``public or''.
  (b) Conforming Amendments.--
          (1) Section heading.--Section 5312 is amended by striking the 
        section heading and inserting the following:

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

          (2) Chapter analysis.--The analysis for chapter 53 is amended 
        by striking the item relating to section 5312 and inserting the 
        following:

``5312. Research, development, demonstration, and deployment 
projects.''.

SEC. 3014. COOPERATIVE RESEARCH PROGRAM.

  (a) In General.--Section 5313 is amended--
          (1) in subsection (a) by striking ``(1) The amounts made 
        available under paragraphs (1) and (2)(C)(ii) of section 
        5338(d) of this title'' and inserting ``The amounts made 
        available under paragraphs (1)(C)(iv) and (2)(C) of section 
        5338(d)'';
          (2) by striking subsection (b);
          (3) in subsection (a)(2) by striking ``(2) The'' and 
        inserting ``(b) Federal Assistance.--The''; and
          (4) in subsection (c) by striking ``subsection (a) of''.
  (b) Conforming Amendments.--
          (1) In general.--Section 5313 is amended by striking the 
        section heading and inserting the following:

``Sec. 5313. Cooperative research program''.

          (2) Chapter analysis.--The analysis for chapter 53 is amended 
        by striking the item relating to section 5313 and inserting the 
        following:

``5313. Cooperative research program.''.

SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

  (a) In General.--Section 5314 is amended--
          (1) by striking the section heading and inserting the 
        following:

``Sec. 5314. National research and technology programs'';

          (2) in subsection (a)(1)--
                  (A) by striking ``subsections (d) and (h)(7) of 
                section 5338 of this title'' and inserting ``section 
                5338(d)'';
                  (B) by striking ``and contracts'' and inserting ``, 
                contracts, cooperative agreements, or other 
                transactions'';
                  (C) by striking ``5303-5306,''; and
                  (D) by striking ``5317,'';
          (3) in subsection (a)(2) by striking ``Of the amounts'' and 
        all that follows through ``$3,000,000 to'' and inserting ``The 
        Secretary shall'';
          (4) by striking subsection (a)(4)(B);
          (5) by redesignating subsection (a)(4)(C) as subsection 
        (a)(4)(B); and
          (6) in subsection (b) by striking ``or contract'' and all 
        that follows through ``section,'' and inserting ``, contract, 
        cooperative agreement, or other transaction under subsection 
        (a) or section 5312,''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5314 and inserting the following:

``5314. National research and technology programs.''.

SEC. 3016. NATIONAL TRANSIT INSTITUTE.

  Section 5315 is amended--
          (1) in subsection (a) by striking ``public mass 
        transportation'' and inserting ``public transportation''; and
          (2) in subsection (d) by striking ``mass'' each place it 
        appears.

SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANTS.

  (a) In General.--Chapter 53 is amended by inserting after section 
5315 the following:

``Sec. 5316. Job access and reverse commute formula grants

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Access to jobs project.--The term `access to jobs 
        project' means a project relating to the development and 
        maintenance of transportation services designed to transport 
        welfare recipients and eligible low-income individuals to and 
        from jobs and activities related to their employment, 
        including--
                  ``(A) transportation projects to finance planning, 
                capital, and operating costs of providing access to 
                jobs under this chapter;
                  ``(B) promoting public transportation by low-income 
                workers, including the use of public transportation by 
                workers with nontraditional work schedules;
                  ``(C) promoting the use of transit vouchers for 
                welfare recipients and eligible low-income individuals; 
                and
                  ``(D) promoting the use of employer-provided 
                transportation, including the transit pass benefit 
                program under section 132 of the Internal Revenue Code 
                of 1986.
          ``(2) Eligible low-income individual.--The term `eligible 
        low-income individual' means an individual whose family income 
        is at or below 150 percent of the poverty line (as that term is 
        defined in section 673(2) of the Community Services Block Grant 
        Act (42 U.S.C. 9902(2)), including any revision required by 
        that section) for a family of the size involved.
          ``(3) Recipient.--The term `recipient' means a designated 
        recipient (as defined in section 5307(a)(2)) and a State that 
        receives a grant under this section directly.
          ``(4) Reverse commute project.--The term `reverse commute 
        project' means a public transportation project designed to 
        transport residents of urbanized areas and other than urbanized 
        areas to suburban employment opportunities, including any 
        projects to--
                  ``(A) subsidize the costs associated with adding 
                reverse commute bus, train, carpool, van routes, or 
                service from urbanized areas and other than urbanized 
                areas to suburban workplaces;
                  ``(B) subsidize the purchase or lease by a nonprofit 
                organization or public agency of a van or bus dedicated 
                to shuttling employees from their residences to a 
                suburban workplace; or
                  ``(C) otherwise facilitate the provision of public 
                transportation services to suburban employment 
                opportunities.
          ``(5) Subrecipient.--The term `subrecipient' means a State or 
        local governmental authority, nonprofit organization, or 
        operator of public transportation services that receives a 
        grant under this section indirectly through a recipient.
          ``(6) Welfare recipient.--The term `welfare recipient' means 
        an individual who has received assistance under a State or 
        tribal program funded under part A of title IV of the Social 
        Security Act at any time during the 3-year period before the 
        date on which the applicant applies for a grant under this 
        section.
  ``(b) General Authority.--
          ``(1) Grants.--The Secretary may make grants under this 
        section to a recipient for access to jobs and reverse commute 
        projects carried out by the recipient or a subrecipient.
          ``(2) Administrative expenses.--A recipient may use not more 
        than 10 percent of the amounts apportioned to the recipient 
        under this section to administer, plan, and provide technical 
        assistance for a project funded under this section.
  ``(c) Apportionments.--
          ``(1) Formula.--The Secretary shall apportion amounts made 
        available to carry out this section as follows:
                  ``(A) 60 percent of the funds shall be apportioned 
                among designated recipients (as defined in section 
                5307(a)(2)) for urbanized areas with a population of 
                200,000 or more in the ratio that--
                          ``(i) the number of eligible low-income 
                        individuals and welfare recipients in each such 
                        urbanized area; bears to
                          ``(ii) the number of eligible low-income 
                        individuals and welfare recipients in all such 
                        urbanized areas.
                  ``(B) 20 percent of the funds shall be apportioned 
                among the States in the ratio that--
                          ``(i) the number of eligible low-income 
                        individuals and welfare recipients in urbanized 
                        areas with a population of less than 200,000 in 
                        each State; bears to
                          ``(ii) the number of eligible low-income 
                        individuals and welfare recipients in urbanized 
                        areas with a population of less than 200,000 in 
                        all States.
                  ``(C) 20 percent of the funds shall be apportioned 
                among the States in the ratio that--
                          ``(i) the number of eligible low-income 
                        individuals and welfare recipients in other 
                        than urbanized areas in each State; bears to
                          ``(ii) the number of eligible low-income 
                        individuals and welfare recipients in other 
                        than urbanized areas in all States.
          ``(2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  ``(A) funds apportioned under paragraph (1)(A) shall 
                be used for projects serving urbanized areas with a 
                population of 200,000 or more;
                  ``(B) funds apportioned under paragraph (1)(B) shall 
                be used for projects serving urbanized areas with a 
                population of less than 200,000; and
                  ``(C) funds apportioned under paragraph (1)(C) shall 
                be used for projects serving other than urbanized 
                areas.
          ``(3) Exceptions.--A State may use funds apportioned under 
        paragraphs (1)(B) and (1)(C)--
                  ``(A) for projects serving areas other than the area 
                specified in paragraph (2)(B) or (2)(C), as the case 
                may be, if the Governor of the State certifies that all 
                of the objectives of this section are being met in the 
                specified area; or
                  ``(B) for projects anywhere in the State if the State 
                has established a statewide program for meeting the 
                objectives of this section.
  ``(d) Competitive Process for Grants to Subrecipients.--
          ``(1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) shall conduct, in 
        cooperation with the appropriate metropolitan planning 
        organization, an areawide solicitation for applications for 
        grants to the recipient and subrecipients under this section.
          ``(2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (c)(1)(B) or (c)(1)(C) shall 
        conduct a statewide solicitation for applications for grants to 
        the recipient and subrecipients under this section.
          ``(3) Application.--Recipients and subrecipients seeking to 
        receive a grant from funds apportioned under subsection (c) 
        shall submit to the recipient an application in the form and in 
        accordance with such requirements as the recipient shall 
        establish.
          ``(4) Grant awards.--The recipient shall award grants under 
        paragraphs (1) and (2) on a competitive basis.
  ``(e) Transfers.--
          ``(1) In general.--A State may transfer any funds apportioned 
        to it under subsection (c)(1)(B) or (c)(1)(C), or both, to an 
        apportionment under section 5311(c) or 5336, or both.
          ``(2) Limited to eligible projects.--Any apportionment 
        transferred under this subsection shall be made available only 
        for eligible job access and reverse commute projects as 
        described in this section.
          ``(3) Consultation.--A State may make a transfer of an amount 
        under this subsection only after consulting with responsible 
        local officials and publicly owned operators of public 
        transportation in each area for which the amount originally was 
        awarded under subsection (d)(4).
  ``(f) Grant Requirements.--
          ``(1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
          ``(2) Fair and equitable distribution.--A recipient of a 
        grant under this section shall certify to the Secretary that 
        allocations of the grant to subrecipients are distributed on a 
        fair and equitable basis.
  ``(g) Coordination.--
          ``(1) In general.--The Secretary shall coordinate activities 
        under this section with related activities under programs of 
        other Federal departments and agencies.
          ``(2) With nonprofit providers.--A State that transfers funds 
        to an apportionment under section 5336 pursuant to subsection 
        (e) shall certify to the Secretary that any project for which 
        the funds are requested under this section has been coordinated 
        with nonprofit providers of services.
          ``(3) Project selection and planning.--A recipient of funds 
        under this section shall certify to the Secretary that--
                  ``(A) the projects selected were derived from a 
                locally developed, coordinated public transit-human 
                services transportation plan; and
                  ``(B) the plan was developed through a process that 
                included representatives of public, private, and 
                nonprofit transportation and human services providers 
                and participation by the public.
  ``(h) Government's Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project under 
        this section may not exceed 80 percent of the net capital costs 
        of the project, as determined by the Secretary.
          ``(2) Operating assistance.--A grant made under this section 
        for operating assistance may not exceed 50 percent of the net 
        operating costs of the project, as determined by the Secretary.
          ``(3) Remainder.--The remainder of the net project costs--
                  ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital; and
                  ``(B) may be derived from amounts appropriated to or 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be expended for 
                transportation.
          ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the Social 
        Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
        Federal or State funds to be used for transportation purposes.
          ``(5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under this 
        section may not limit the level or extent of use of the 
        Government grant for the payment of operating expenses.
  ``(i) Program Evaluation.--
          ``(1) Comptroller general.--Beginning 1 year after the date 
        of enactment of the Federal Public Transportation Act of 2005, 
        and every 2 years thereafter, the Comptroller General shall--
                  ``(A) conduct a study to evaluate the grant program 
                authorized by this section; and
                  ``(B) transmit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Banking, Housing, and Urban Affairs of the 
                Senate a report describing the results of the study 
                under subparagraph (A).
          ``(2) Department of transportation.--Not later than 3 years 
        after the date of enactment of Federal Public Transportation 
        Act of 2005, the Secretary shall--
                  ``(A) conduct a study to evaluate the effectiveness 
                of the grant program authorized by this section and the 
                effectiveness of recipients making grants to 
                subrecipients under this section; and
                  ``(B) transmit to the committees referred to in 
                paragraph (1)(B) a report describing the results of the 
                study under subparagraph (A).''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
inserting after the item relating to section 5315 the following:

``5316. Job access and reverse commute formula grants.''.

  (c) Repeal.--Section 3037 of the Transportation Equity Act for the 
21st Century (49 U.S.C. 5309 note; 112 Stat. 387) is repealed.

SEC. 3018. NEW FREEDOM PROGRAM.

  (a) In General.--Chapter 53 is further amended by inserting after 
section 5316 the following:

``Sec. 5317. New Freedom program

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Recipient.--The term `recipient' means a designated 
        recipient (as defined in section 5307(a)(2)) and a State that 
        receives a grant under this section directly.
          ``(2) Subrecipient.--The term `subrecipient' means a State or 
        local governmental authority, nonprofit organization, or 
        operator of public transportation services that receives a 
        grant under this section indirectly through a recipient.
  ``(b) General Authority.--
          ``(1) Grants.--The Secretary may make grants under this 
        section to a recipient for new public transportation services 
        and public transportation alternatives beyond those required by 
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.) that assist individuals with disabilities with 
        transportation, including transportation to and from jobs and 
        employment support services.
          ``(2) Administrative expenses.--A recipient may use not more 
        than 10 percent of the amounts apportioned to the recipient 
        under this section to administer, plan, and provide technical 
        assistance for a project funded under this section.
  ``(c) Apportionments.--
          ``(1) Formula.--The Secretary shall apportion amounts made 
        available to carry out this section as follows:
                  ``(A) 60 percent of the funds shall be apportioned 
                among designated recipients (as defined in section 
                5307(a)(2)) for urbanized areas with a population of 
                200,000 or more in the ratio that--
                          ``(i) the number of individuals with 
                        disabilities in each such urbanized area; bears 
                        to
                          ``(ii) the number of individuals with 
                        disabilities in all such urbanized areas.
                  ``(B) 20 percent of the funds shall be apportioned 
                among the States in the ratio that--
                          ``(i) the number of individuals with 
                        disabilities in urbanized areas with a 
                        population of less than 200,000 in each State; 
                        bears to
                          ``(ii) the number of individuals with 
                        disabilities in urbanized areas with a 
                        population of less than 200,000 in all States.
                  ``(C) 20 percent of the funds shall be apportioned 
                among the States in the ratio that--
                          ``(i) the number of individuals with 
                        disabilities in other than urbanized areas in 
                        each State; bears to
                          ``(ii) the number of individuals with 
                        disabilities in other than urbanized areas in 
                        all States.
          ``(2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  ``(A) funds apportioned under paragraph (1)(A) shall 
                be used for projects serving urbanized areas with a 
                population of 200,000 or more;
                  ``(B) funds apportioned under paragraph (1)(B) shall 
                be used for projects serving urbanized areas with a 
                population of less than 200,000; and
                  ``(C) funds apportioned under paragraph (1)(C) shall 
                be used for projects serving other than urbanized 
                areas.
          ``(3) Low density adjustment.--
                  ``(A) Smaller urbanized areas.--In administering the 
                apportionment formula under paragraph (1)(B)--
                          ``(i) in the case of a State with a 
                        population density of 10 or fewer persons per 
                        square mile in other than urbanized areas of 
                        the State, the Secretary shall multiply by a 
                        factor of 2 the number of individuals with 
                        disabilities in urbanized areas of the State 
                        with a population of less than 200,000 (as 
                        determined using the most recent decennial 
                        United States Census); and
                          ``(ii) in the case of a State with a 
                        population density of more than 10 but equal to 
                        or fewer than 30 persons per square mile, the 
                        Secretary shall multiply by a factor of 1.25 
                        the number of individuals with disabilities in 
                        urbanized areas of the State with a population 
                        of less than 200,000 (as determined using the 
                        most recent decennial United States Census).
                  ``(B) Other than urbanized areas.--In administering 
                the apportionment formula under paragraph (1)(C)--
                          ``(i) in the case of a State with a 
                        population density of 10 or fewer persons per 
                        square mile in other than urbanized areas of 
                        the State, the Secretary shall multiply by a 
                        factor of 1.5 the number of individuals with 
                        disabilities in other than urbanized areas of 
                        the State (as determined using the most recent 
                        decennial United States Census); and
                          ``(ii) in the case of a State with a 
                        population density of more than 10 but equal to 
                        or fewer than 12 persons per square mile in 
                        other than urbanized areas of the State, the 
                        Secretary shall multiply by a factor of 1.25 
                        the number of individuals with disabilities in 
                        other than urbanized areas of the State (as 
                        determined using the most recent decennial 
                        United States Census).
          ``(4) Transfers.--
                  ``(A) In general.--A State may transfer any funds 
                apportioned to it under paragraph (1)(B) or (1)(C), or 
                both, to an apportionment under section 5311(c) or 
                5336, or both.
                  ``(B) Limited to eligible projects.--Any funds 
                transferred pursuant to this paragraph shall be made 
                available only for eligible projects selected under 
                this section.
                  ``(C) Consultation.--A State may make a transfer of 
                an amount under this subsection only after consulting 
                with responsible local officials and publicly owned 
                operators of public transportation in each area for 
                which the amount originally was awarded under 
                subsection (d)(4).
  ``(d) Competitive Process for Grants to Subrecipients.--
          ``(1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) shall conduct, in 
        cooperation with the appropriate metropolitan planning 
        organization, an areawide solicitation for applications for 
        grants to the recipient and subrecipients under this section.
          ``(2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (c)(1)(B) or (c)(1)(C) shall 
        conduct a statewide solicitation for applications for grants to 
        the recipient and subrecipients under this section.
          ``(3) Application.--Recipients and subrecipients seeking to 
        receive a grant from funds apportioned under subsection (c) 
        shall submit to the recipient an application in the form and in 
        accordance with such requirements as the recipient shall 
        establish.
          ``(4) Grant awards.--The recipient shall award grants under 
        paragraphs (1) and (2) on a competitive basis.
  ``(e) Grant Requirements.--
          ``(1) In general.--Except as provided in paragraph (2), a 
        grant under this section shall be subject to all the 
        requirements of section 5307.
          ``(2) Employee protective arrangements.--Section 5333(b) 
        shall apply to grants under this section, except that the 
        Secretary of Labor shall utilize, for urbanized areas with a 
        population of less than 200,000 and for other than urbanized 
        areas, a special warranty described in section 215.7 of title 
        29, Code of Federal Regulations (as in effect on the date of 
        enactment of the Federal Public Transportation Act of 2005), 
        that provides a fair and equitable arrangement to protect the 
        interest of employees.
          ``(3) Fair and equitable distribution.--A recipient of a 
        grant under this section shall certify that allocations of the 
        grant to subrecipients are distributed on a fair and equitable 
        basis.
  ``(f) Coordination.--
          ``(1) In general.--The Secretary shall coordinate activities 
        under this section with related activities under programs of 
        other Federal departments and agencies.
          ``(2) With nonprofit providers.--A recipient that transfers 
        funds to an apportionment under section 5336 pursuant to 
        subsection (c)(2) shall certify that the project for which the 
        funds are requested under this section has been coordinated 
        with nonprofit providers of services.
          ``(3) Project selection and planning.--Beginning in fiscal 
        year 2007, a recipient of funds under this section shall 
        certify that--
                  ``(A) the projects selected were derived from a 
                locally developed, coordinated public transit-human 
                services transportation plan; and
                  ``(B) the plan was developed through a process that 
                included representatives of public, private, and 
                nonprofit transportation and human services providers 
                and participation by the public.
  ``(g) Government's Share of Costs.--
          ``(1) Capital projects.--A grant for a capital project under 
        this section may not exceed 80 percent of the net capital costs 
        of the project, as determined by the Secretary.
          ``(2) Operating assistance.--A grant made under this section 
        for operating assistance may not exceed 50 percent of the net 
        operating costs of the project, as determined by the Secretary.
          ``(3) Remainder.--The remainder of the net project costs--
                  ``(A) may be provided from an undistributed cash 
                surplus, a replacement or depreciation cash fund or 
                reserve, a service agreement with a State or local 
                social service agency or a private social service 
                organization, or new capital; and
                  ``(B) may be derived from amounts appropriated to or 
                made available to a department or agency of the 
                Government (other than the Department of 
                Transportation) that are eligible to be expended for 
                transportation.
          ``(4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for matching 
        requirements under section 403(a)(5)(C)(vii) of the Social 
        Security Act (42 U.S.C. 603(a)(5)(C)(vii)) shall not apply to 
        Federal or State funds to be used for transportation purposes.
          ``(5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under this 
        section may not limit the level or extent of use of the 
        Government grant for the payment of operating expenses.''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
inserting after the item relating to section 5316 the following:

``5317. New freedom program.''.

SEC. 3019. BUS TESTING FACILITY.

  (a) In General.--Section 5318 is amended--
          (1) by striking subsection (a) and inserting the following:
  ``(a) Facility.--The Secretary of Transportation shall maintain one 
facility for testing a new bus model for maintainability, reliability, 
safety, performance (including braking performance), structural 
integrity, fuel economy, emissions, and noise.'';
          (2) in subsection (d) by striking ``under section 
        5309(m)(1)(C) of this title'' and inserting ``to carry out this 
        section''; and
          (3) by striking subsection (e) and inserting the following:
  ``(e) Acquiring New Bus Models.--Amounts appropriated or made 
available under this chapter may be obligated or expended to acquire a 
new bus model only if a bus of that model has been tested at the 
facility maintained by the Secretary under subsection (a).''.
  (b) Conforming Amendment.--Section 5323(c) is repealed.

SEC. 3020. BICYCLE FACILITIES.

  The first sentence of section 5319 is amended--
          (1) by striking ``5309(h),'' and inserting ``5309(g),''; and
          (2) by striking ``and 5311'' and inserting ``5311, and 
        5320''.

SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM.

  (a) In General.--Section 5320 is amended to read as follows:

``Sec. 5320. Transit in the parks pilot program

  ``(a) Public Transportation Defined.--In this section, the term 
`public transportation' means general or special transportation to the 
public by a conveyance that is publicly or privately owned. Such term 
does not include schoolbus or charter transportation but does include 
sightseeing transportation.
  ``(b) Establishment.--Not later than 90 days after the date of 
enactment of the Federal Public Transportation Act of 2005, the 
Secretary of Transportation and the Secretary of the Interior shall 
enter into a memorandum of understanding to establish a transit in the 
parks pilot program in accordance with the requirements of this 
section.
  ``(c) Purpose.--The purpose of the pilot program shall be to 
encourage and promote the development of transportation systems 
described in section 5301(a) within units of the National Park System 
to improve visitor mobility and enjoyment (including visitors with 
disabilities), reduce pollution and congestion, and enhance resource 
protection through the use of public transportation.
  ``(d) Administration of Program.--The program shall be administered 
by the Secretary of Transportation, in consultation with the Secretary 
of the Interior.
  ``(e) Memorandum of Understanding.--
          ``(1) Planning.--The memorandum of understanding under 
        subsection (b) shall include transportation planning procedures 
        that are consistent with the metropolitan and statewide 
        planning processes required under chapter 52.
          ``(2) Programs.--The memorandum of understanding shall 
        include descriptions of programs and activities eligible for 
        assistance under the pilot program.
          ``(3) Exceptions.--The memorandum of understanding shall 
        limit or modify the applicability of the provisions referred to 
        in subsection (f) to the extent necessary to carry out the 
        objectives of this section and to be compatible with the laws 
        and regulations governing units of the National Park System.
  ``(f) Eligible Use of Funds.--Except as provided under subsection 
(e)(3), the Secretary may provide funds made available to carry out 
this section to the Secretary of the Interior under interagency 
agreements for the following purposes:
          ``(1) Planning, engineering, design, and evaluation.--
        Planning, engineering, design, and evaluation of public 
        transportation projects in units of the National Park System, 
        and for technical studies, in accordance with section 
        5305(b)(2).
          ``(2) Public transportation capital projects.--Public 
        transportation capital projects (as defined in section 
        5302(a)(1)) for such units in accordance with all the terms and 
        conditions to which a grant is made under subsections (a), (b), 
        (c), and (d) of section 5307 and such other terms and 
        conditions as are determined by the Secretary. The Secretary of 
        the Interior shall act as the designated recipient for the 
        purposes of subsection (a)(2) of section 5307.
          ``(3) Operating costs.--Operating costs of equipment and 
        facilities used in public transportation for such units.
  ``(g) Government's Share of Costs.--
          ``(1) Capital projects.--The Government share of the cost of 
        any capital project or activity under this section shall be 100 
        percent of the costs of the project, as determined by the 
        Secretary.
          ``(2) Operating assistance.--A grant made under this section 
        for operating assistance may not exceed 50 percent of the net 
        operating costs of the project, as determined by the Secretary.
  ``(h) Savings Clause.--Nothing in this section shall be construed as 
superseding, amending, modifying, or repealing any provision of law 
applicable to units of the National Park System.''.
  (b) Conforming Amendment.--The analysis for such chapter is further 
amended by striking the item relating to section 5320 and inserting the 
following:

``5320. Transit in the parks pilot program.''.

SEC. 3022. HUMAN RESOURCE PROGRAMS.

  Section 5322 is amended--
          (1) by inserting ``(a) In General.--'' before ``The 
        Secretary''; and
          (2) by adding at the end the following:
  ``(b) Grants to Higher Learning Institutions.--
          ``(1) Authority to make grants.--The Secretary may make 
        grants to nonprofit institutions of higher learning--
                  ``(A) to conduct research and investigations into the 
                theoretical or practical problems of public 
                transportation; and
                  ``(B) to train individuals to conduct further 
                research or obtain employment in an organization that 
                plans, builds, operates, or manages a public 
                transportation system.
          ``(2) Research and investigations.--Research and 
        investigations under this subsection include--
                  ``(A) the design and use of public transportation 
                systems and public roads and highways;
                  ``(B) the interrelationship between various modes of 
                urban, suburban, rural, and intercity transportation;
                  ``(C) the role of transportation planning in overall 
                urban planning;
                  ``(D) public preferences in transportation;
                  ``(E) the economic allocation of transportation 
                resources; and
                  ``(F) the legal, financial, engineering, and esthetic 
                aspects of public transportation.
          ``(3) Preference.--When making a grant under this subsection, 
        the Secretary shall give preference to an institution that 
        brings together knowledge and expertise in the various social 
        science and technical disciplines related to public 
        transportation problems.
  ``(c) Fellowships.--
          ``(1) Authority to make grants.--The Secretary may make 
        grants to States, local governmental authorities, and operators 
        of public transportation systems to provide fellowships to 
        train personnel employed in managerial, technical, and 
        professional positions in the public transportation field.
          ``(2) Terms.--
                  ``(A) Period of training.--A fellowship under this 
                subsection may be for not more than one year of 
                training in an institution that offers a program 
                applicable to the public transportation industry.
                  ``(B) Selection of individuals.--The recipient of the 
                grant shall select an individual on the basis of 
                demonstrated ability and for the contribution the 
                individual reasonably can be expected to make to an 
                efficient public transportation operation.
                  ``(C) Amount.--A grant for a fellowship may not be 
                more than the lesser of $65,000 or 75 percent of--
                          ``(i) tuition and other charges to the 
                        fellowship recipient;
                          ``(ii) additional costs incurred by the 
                        training institution and billed to the grant 
                        recipient; and
                          ``(iii) the regular salary of the fellowship 
                        recipient for the period of the fellowship to 
                        the extent the salary is actually paid or 
                        reimbursed by the grant recipient.''.

SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE.

  (a) Interests in Property.--Section 5323(a)(1) is amended--
          (1) in the matter preceding subparagraph (A)--
                  (A) by striking ``private mass transportation 
                company'' each place it appears and inserting ``private 
                company engaged in public transportation'';
                  (B) by striking ``mass transportation equipment or a 
                mass transportation facility'' and inserting ``a public 
                transportation facility or equipment''; and
                  (C) by striking ``mass transportation company'' and 
                inserting ``public transportation company''; and
          (2) in subparagraph (B) by striking ``private mass 
        transportation companies'' and inserting ``private companies 
        engaged in public transportation''.
  (b) Notice and Public Hearing.--Section 5323(b) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``(1) An application'' and inserting 
                the following:
          ``(1) Applications.--An application'';
                  (B) in the matter preceding subparagraph (A) by 
                striking ``or loan''; and
                  (C) by moving subparagraphs (A) through (D) 2 ems to 
                the right;
          (2) in paragraph (2) by striking ``(2) Notice of'' and 
        inserting the following:
          ``(2) Notice.--Notice of''; and
          (3) by adding at the end the following:
          ``(3) Environmental record.--An applicant shall include in 
        the environmental record for a project under this chapter 
        evidence that the applicant has complied with the requirements 
        of subparagraphs (A) through (D) of paragraph (1).''.
  (c) Condition on Charter Bus Transportation Service.--Section 5323(d) 
is amended--
          (1) by striking ``(1) Financial assistance'' and inserting 
        the following:
          ``(1) Agreements.--Financial assistance''; and
          (2) by striking paragraph (2) and inserting the following:
          ``(2) Violations.--
                  ``(A) Investigations.--On receiving a complaint about 
                a violation of the agreement required under paragraph 
                (1), the Secretary shall investigate and decide whether 
                a violation has occurred.
                  ``(B) Enforcement of agreements.--If the Secretary 
                decides that a violation has occurred, the Secretary 
                shall correct the violation under terms of the 
                agreement.
                  ``(C) Additional remedies.--In addition to any remedy 
                specified in the agreement, the Secretary shall bar a 
                recipient or an operator from receiving Federal transit 
                assistance in an amount the Secretary considers 
                appropriate if the Secretary finds a pattern of 
                violations of the agreement.''.
  (d) Bond Proceeds Eligible for Local Share.--Section 5323(e) is 
amended to read as follows:
  ``(e) Bond Proceeds Eligible for Local Share.--
          ``(1) Use as local matching funds.--Notwithstanding any other 
        provision of law, a recipient of assistance under section 5307 
        or 5309 may use the proceeds from the issuance of revenue bonds 
        as part of the local matching funds for a capital project.
          ``(2) Maintenance of effort.--The Secretary shall approve of 
        the use of the proceeds from the issuance of revenue bonds for 
        the remainder of the net project cost only if the Secretary 
        finds that the aggregate amount of financial support for public 
        transportation in the urbanized area provided by the State and 
        affected local governmental authorities during the next 3 
        fiscal years, as programmed in the State transportation 
        improvement program under chapter 52 is not less than the 
        aggregate amount provided by the State and affected local 
        governmental authorities in the urbanized area during the 
        preceding 3 fiscal years.
          ``(3) Debt service reserve.--The Secretary may reimburse an 
        eligible recipient for deposits of bond proceeds in a debt 
        service reserve that recipient established pursuant to section 
        5302(a)(1)(K) from amounts made available to the recipient 
        under section 5307 or 5309, or both; except that such 
        reimbursement in a fiscal year may not exceed 10 percent of the 
        amounts made available to the recipient under section 5307 in 
        such fiscal year.''.
  (e) Schoolbus Transportation.--Section 5323(f) is amended--
          (1) by striking ``(1) Financial assistance'' and inserting 
        the following:
          ``(1) Agreements.--Financial assistance'';
          (2) in paragraph (1) by moving subparagraphs (A), (B), and 
        (C) 2 ems to the right; and
          (3) by striking paragraph (2) and inserting the following:
          ``(2) Violations.--If the Secretary finds that an applicant, 
        governmental authority, or publicly owned operator has violated 
        the agreement required under paragraph (1), the Secretary shall 
        bar a recipient or an operator from receiving Federal transit 
        assistance in an amount the Secretary considers appropriate.''.
  (f) Buying Buses Under Other Laws.--Section 5323(g) is amended by 
striking ``103(e)(4)'' each place it appears and inserting ``133''.
  (g) Buy America.--
          (1) Public interest waiver.--Section 5323(j) is amended--
                  (A) by redesignating paragraphs (3) through (7) as 
                paragraphs (4) through (8), respectively; and
                  (B) by inserting after paragraph (2) the following:
          ``(3) Written justification for public interest waiver.--When 
        issuing a waiver based on a public interest determination under 
        paragraph (2)(A), the Secretary shall issue a detailed written 
        justification as to why the waiver is in the public interest. 
        The Secretary shall publish such justification in the Federal 
        Register and provide the public with a reasonable period of 
        time for notice and comment.''.
          (2) Ineligibility for contracts.--Section 5323(j)(6) (as so 
        redesignated) is amended by striking ``Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240, 105 
        Stat. 1914)'' and inserting ``Federal Public Transportation Act 
        of 2004''.
          (3) Administrative review.--Section 5323(j) is amended by 
        adding at the end the following:
          ``(9) Administrative review.--A party adversely affected by 
        an agency action under this subsection shall have the right to 
        seek review under section 702 of title 5.''.
          (4) Repeal of general waiver.--Subsections (b) and (c) of 
        Appendix A of section 661.7 of title 49, Code of Federal 
        Regulations, shall cease to be in effect beginning on the date 
        of enactment of this Act.
          (5) Rulemaking.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        on implementation of the requirements of section 5323(j) of 
        title 49, United States Code (in this paragraph referred to as 
        the ``Buy America requirements''). The purposes of the 
        regulations shall be as follows:
                  (A) Microprocessor waiver.--To clarify that any 
                waiver from the Buy America requirements issued under 
                section 5323(j)(2) of such title for a microprocessor, 
                computer, or microcomputer applies only to a device 
                used solely for the purpose of processing or storing 
                data and does not extend to a product containing a 
                microprocessor, computer, or microcomputer.
                  (B) Definition of end product.--To define the term 
                ``end product'' for purposes of part 661 of title 49, 
                Code of Federal Regulations. In defining the term, the 
                Secretary shall develop a list of representative items 
                that are subject to the Buy America requirements, and 
                shall address the procurement of systems under the 
                definition to ensure that major system procurements are 
                not used to circumvent the Buy America requirements.
  (h) Grant Requirements.--Section 5323(o) is amended by striking ``the 
Transportation Infrastructure Finance and Innovation Act of 1998'' and 
inserting ``chapter 6 (other than section 609) of title 23''.

SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS.

  (a) In General.--Section 5324 is amended to read as follows:

``Sec. 5324. Special provisions for capital projects

  ``(a) Relocation Program Requirements.--Financial assistance may be 
provided under section 5309 only if the Secretary decides that--
          ``(1) an adequate relocation program is being carried out for 
        families displaced by a project; and
          ``(2) an equal number of decent, safe, and sanitary dwellings 
        are being, or will be, provided to those families in the same 
        area or in another area generally not less desirable for public 
        utilities and public and commercial facilities, at rents or 
        prices within the financial means of those families, and with 
        reasonable access to their places of employment.
  ``(b) Consideration of Economic, Social, and Environmental 
Interests.--
          ``(1) Cooperation and consultation.--In carrying out the 
        policy of section 5301(e), the Secretary shall cooperate and 
        consult with the Secretaries of the Interior, Health and Human 
        Services, and Housing and Urban Development and the 
        Administrator of the Environmental Protection Agency on each 
        project that may have a substantial impact on the environment.
          ``(2) Public participation in environmental reviews.--In 
        performing environmental reviews, the Secretary shall review 
        each transcript of a hearing submitted under section 5323(b) to 
        establish that an adequate opportunity to present views was 
        given to all parties having a significant economic, social, or 
        environmental interest in the project, and that the project 
        application includes a record of--
                  ``(A) the environmental impact of the proposal;
                  ``(B) adverse environmental effects that cannot be 
                avoided;
                  ``(C) alternatives to the proposal; and
                  ``(D) irreversible and irretrievable impacts on the 
                environment.
          ``(3) Approval of applications for assistance.--
                  ``(A) Findings by the secretary.--The Secretary may 
                approve an application for financial assistance for a 
                capital project in accordance with this chapter only if 
                the Secretary makes written findings, after reviewing 
                the application and the transcript of any hearing held 
                before a State or local governmental authority under 
                section 5323(b), that--
                          ``(i) an adequate opportunity to present 
                        views was given to all parties having a 
                        significant economic, social, or environmental 
                        interest;
                          ``(ii) the preservation and enhancement of 
                        the environment and the interest of the 
                        community in which the project is located were 
                        considered; and
                          ``(iii) no adverse environmental effect is 
                        likely to result from the project, or no 
                        feasible and prudent alternative to the effect 
                        exists and all reasonable steps have been taken 
                        to minimize the effect.
                  ``(B) Hearing.--If a hearing has not been conducted 
                or the Secretary decides that the record of the hearing 
                is inadequate for making the findings required by this 
                subsection, the Secretary shall conduct a hearing on an 
                environmental issue raised by the application after 
                giving adequate notice to interested persons.
                  ``(C) Availability of findings.--The Secretary's 
                findings under subparagraph (A) shall be made a matter 
                of public record.''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5324 and inserting the following:

``5324. Special provisions for capital projects.''.

SEC. 3025. CONTRACT REQUIREMENTS.

  (a) In General.--Section 5325 is amended--
          (1) by striking subsections (a) and (b) and inserting the 
        following:
  ``(a) Competition.--Recipients of Federal assistance under this 
chapter shall conduct all procurement transactions involving such 
assistance in a manner providing full and open competition, as 
determined by the Secretary.
  ``(b) Architectural, Engineering, and Design Contracts.--
          ``(1) Procedures for awarding contract.--A contract or 
        requirement for program management, architectural engineering, 
        construction management, a feasibility study, and preliminary 
        engineering, design, architectural, engineering, surveying, 
        mapping, or related services for a project for which Federal 
        assistance is provided under this chapter shall be awarded in 
        the same way as a contract for architectural and engineering 
        services is negotiated under chapter 11 of title 40 or an 
        equivalent qualifications-based requirement of a State.
          ``(2) Effect of state laws.--This subsection does not apply 
        to the extent a State has adopted, before the date of enactment 
        of the Federal Public Transportation Act of 2005, by law a 
        formal procedure for procuring those services.
          ``(3) Administration of contracts.--When awarding such 
        contracts, recipients of assistance under this chapter shall 
        maximize efficiencies of administration by accepting 
        nondisputed audits conducted by other governmental agencies as 
        follows:
                  ``(A) Performance of audits.--Any contract or 
                subcontract awarded under this chapter shall be 
                performed and audited in compliance with cost 
                principles contained in the Federal Acquisition 
                Regulation (part 31 of title 48, Code of Federal 
                Regulations).
                  ``(B) Indirect cost rates.--Instead of performing its 
                own audits, a recipient of funds under a contract or 
                subcontract awarded under this chapter shall accept 
                indirect cost rates established in accordance with the 
                Federal Acquisition Regulation for one-year applicable 
                accounting periods by a cognizant Federal or State 
                government agency, if such rates are not currently 
                under dispute.
                  ``(C) Application of rates.--Once a firm's indirect 
                cost rates are accepted under this paragraph, the 
                recipient of the funds shall apply such rates for the 
                purposes of contract estimation, negotiation, 
                administration, reporting, and contract payment and 
                shall not be limited by administrative or de facto 
                ceilings.
                  ``(D) Prenotification; confidentiality of data.--A 
                recipient of funds requesting or using the cost and 
                rate data described in paragraph (3) shall notify any 
                affected firm before such request or use. Such data 
                shall be confidential and shall not be accessible or 
                provided, in whole or in part, to another firm or to 
                any government agency that is not part of the group of 
                agencies sharing cost data under this paragraph, except 
                by written permission of the audited firm. If 
                prohibited by law, such cost and rate data shall not be 
                disclosed under any circumstances.''; and
          (2) by adding at the end the following:
  ``(d) Design-Build System Projects.--
          ``(1) Definition.--In this section, the term `design-build 
        system project' means a project under which a recipient enters 
        into a contract with a seller, firm, or consortium of firms to 
        design and build a public transportation system or an operable 
        segment thereof that meets specific performance criteria. Such 
        project may also include an option to finance, or operate for a 
        period of time, the system or segment or any combination of 
        designing, building, operating, or maintaining such system or 
        segment.
          ``(2) Financial assistance.--Government financial assistance 
        under this chapter may be made available for the capital costs 
        of a design-build system project after the recipient complies 
        with Government requirements.
  ``(e) Multiyear Rolling Stock.--
          ``(1) Contracts.--A recipient procuring rolling stock with 
        Government financial assistance under this chapter may make a 
        multiyear contract to buy the rolling stock and replacement 
        parts under which the recipient has an option to buy additional 
        rolling stock or replacement parts for not more than 5 years 
        after the date of the original contract.
          ``(2) Cooperation among recipients.--The Secretary shall 
        allow at least 2 recipients to act on a cooperative basis to 
        procure rolling stock in compliance with this subsection and 
        other Government procurement requirements.
  ``(f) Acquiring Rolling Stock.--A recipient of financial assistance 
under this chapter may enter into a contract to expend that assistance 
to acquire rolling stock--
          ``(1) based on--
                  ``(A) initial capital costs; or
                  ``(B) performance, standardization, life cycle costs, 
                and other factors; or
          ``(2) with a party selected through a competitive procurement 
        process.
  ``(g) Examination of the Records.--Upon request, the Secretary, the 
Comptroller General, or a representative of the Secretary or the 
Comptroller General shall have access to and the right to examine and 
inspect all records, documents, papers, including contracts, related to 
a project for which a grant is made under this chapter.
  ``(h) Grant Prohibitions.--A grant may not be used to support a 
procurement that uses an exclusionary or discriminatory 
specification.''.
  (b) Conforming Amendments.--Section 5326, and the item relating to 
section 5326 in the analysis for chapter 53, are repealed.

SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND REVIEW.

  (a) Project Management Plan Requirements.--Section 5327(a) is 
amended--
          (1) by striking ``and'' at the end of paragraph (11);
          (2) by striking the period at the end of paragraph (12) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(13) safety and security management.''.
  (b) Limitations.--Section 5327(c) is amended to read as follows:
  ``(c) Limitations.--
          ``(1) Limitations on use of available amounts.--The Secretary 
        may use not more than .5 percent of amounts made available for 
        a fiscal year to carry out section 5311, not more than .75 
        percent of amounts made available for a fiscal year to carry 
        out section 5307, and not more than 1 percent of amounts made 
        available for a fiscal year to carry out section 5309 to make 
        contracts for the following activities:
                  ``(A) To oversee the construction of a major project.
                  ``(B) To review and audit the safety and security, 
                procurement, management, and financial compliance of a 
                recipient or subrecipient of funds under sections 5307, 
                5309, and 5311.
                  ``(C) To provide technical assistance to correct 
                deficiencies identified in compliance reviews and 
                audits carried out under this section.
          ``(2) Limitations on applicability.--Subsections (a), (b), 
        and (e) do not apply to contracts under this section for 
        activities described in paragraphs (1)(B) and (1)(C).
          ``(3) Government's share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection.''.

SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS.

  (a) In General.--Section 5329 is amended to read as follows:

``Sec. 5329. Investigation of safety and hazards

  ``(a) In General.--The Secretary may investigate safety and security 
risks associated with a condition in equipment, a facility, or an 
operation financed under this chapter that the Secretary believes 
causes a serious hazard of death or injury to establish the nature and 
extent of the condition and how to eliminate, mitigate, or correct it.
  ``(b) Plans for Eliminating, Mitigating, or Correcting Hazards.--If 
the Secretary establishes that a condition causes a hazard, the 
Secretary shall require the local governmental authority receiving 
amounts under this chapter to submit a plan for eliminating, 
mitigating, or correcting it.
  ``(c) Withholding Financial Assistance.--Financial assistance under 
this chapter, in an amount to be determined by the Secretary, may be 
withheld until a plan is approved and carried out.''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5329 and inserting the following:

``5329. Investigation of safety and hazards.''.

SEC. 3028. STATE SAFETY OVERSIGHT.

  (a) In General.--Section 5330 is amended--
          (1) by striking the section heading and all that follows 
        through subsection (a) and inserting the following:

``Sec. 5330. State safety oversight

  ``(a) Application.--This section applies only to--
          ``(1) States that have rail fixed guideway public 
        transportation systems not subject to regulation by the Federal 
        Railroad Administration; and
          ``(2) States that are designing rail fixed guideway public 
        transportation systems that will not be subject to regulation 
        by the Federal Railroad Administration.'';
          (2) in subsection (d) by inserting ``shall ensure uniform 
        safety standards and enforcement and'' after ``affected 
        States''; and
          (3) by striking subsection (f).
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5330 and inserting the following:

``5330. State safety oversight.''.

SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MISUSE TESTING.

  (a) Definitions.--Section 5331(a)(3) is amended by striking the 
period at the end and inserting the following: ``or section 2303a, 
7101(i), or 7302(e) of title 46. The Secretary may also decide that a 
form of public transportation is covered adequately, for employee 
alcohol and controlled substances testing purposes, under the alcohol 
and controlled substance statutes or regulations of an agency within 
the Department of Transportation or the Coast Guard.''.
  (b) Technical Corrections.--Subsections (b)(1) and (g) of section 
5331 are each amended by striking ``or section 103(e)(4) of title 23''.
  (c) Regulations.--Section 5331(f) is amended by striking paragraph 
(3).

SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS.

  Section 5333(b)(1) is amended by striking ``5318(d), 5323(a)(1), (b), 
(d), and (e), 5328, 5337, and 5338(b)'' each place it appears and 
inserting ``5316, 5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 
5337, 5338(b), 5338(g), and 5338(h)''.

SEC. 3031. ADMINISTRATIVE PROCEDURES.

  Section 5334 is amended--
          (1) in subsection (a)--
                  (A) by striking ``and'' at the end of paragraph (9);
                  (B) by striking the period at the end of paragraph 
                (10) and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(11) issue regulations as necessary to carry out the 
        purposes of this chapter.'';
          (2) by striking subsection (i);
          (3) by redesignating subsections (b) through (h) as 
        subsections (c) through (i), respectively;
          (4) by inserting after subsection (a) the following:
  ``(b) Prohibitions Against Regulating Operations and Charges.--
          ``(1) In general.--Except for purposes of national defense or 
        in the event of a national or regional emergency, the Secretary 
        may not regulate the operation, routes, or schedules of a 
        public transportation system for which a grant is made under 
        this chapter, nor may the Secretary regulate the rates, fares, 
        tolls, rentals, or other charges prescribed by any provider of 
        public transportation.
          ``(2) Limitation on statutory construction.--Nothing in this 
        subsection shall be construed to prevent the Secretary from 
        requiring a recipient of funds under this chapter to comply 
        with the terms and conditions of its Federal assistance 
        agreement.'';
          (5) in subsection (c)(4) (as redesignated by paragraph (3) of 
        this section)--
                  (A) by striking ``subsections (h) and (i)'' and 
                inserting ``subsection (i)''; and
                  (B) by striking ``5323(c), 5323(e), 5324(c),''; and
          (6) by adding at the end of subsection (c) (as redesignated 
        by paragraph (3) of this section) the following:
          ``(5) Nonregulatory substantive policy statements.--The 
        Secretary shall provide notice and an opportunity for public 
        comment at least 60 days before issuing any nonregulatory 
        substantive policy statements (regardless of the form of 
        issuance), including guidance, policy statements, and 
        regulatory interpretations.''.

SEC. 3032. NATIONAL TRANSIT DATABASE.

  (a) In General.--Section 5335 is amended--
          (1) by striking the section heading and inserting the 
        following:

``Sec. 5335. National transit database'';

          (2) by striking subsection (b); and
          (3) in subsection (a)--
                  (A) by striking ``(1) To help'' and inserting ``To 
                help''; and
                  (B) by striking ``(2) The Secretary'' and inserting 
                ``(b) Reporting and Uniform Systems.--The Secretary''.
  (b) Conforming Amendment.--The analysis for chapter 53 is amended by 
striking the item relating to section 5335 and inserting the following:

``5335. National transit database.''.

SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY FACTORS.

  (a) Distribution.--Section 5337 is amended--
          (1) by striking the section designation and all that follows 
        before paragraph (1) of subsection (a) and inserting the 
        following:

``Sec. 5337. Apportionment based on fixed guideway factors

  ``(a) Distribution.--The Secretary shall apportion amounts made 
available for fixed guideway modernization under sections 5338(b) and 
5338(g) as follows:'';
          (2) in subsection (a) by striking ``(e)(1)'' each place it 
        appears and inserting ``(e)''; and
          (3) in subsection (a) by striking ``(e)(2)'' each place it 
        appears and inserting ``(e)''.
  (b) Route Segments to Be Included in Apportionment Formulas.--Section 
5337(e) is amended by striking paragraph (1) and all that follows 
through ``(2) Other Standards.--''.
  (c) Conforming Amendment.--The item relating to section 5337 in the 
table of sections for chapter 53 is amended to read as follows:

``5337. Apportionment based on fixed guideway factors.''.

SEC. 3034. AUTHORIZATIONS.

  Section 5338 is amended to read as follows:

``Sec. 5338. Authorizations

  ``(a) Formula Grants.--
          ``(1) Fiscal year 2004.--
                  ``(A) From trust fund.--There shall be available from 
                the Mass Transit Account of the Highway Trust Fund to 
                carry out sections 5307, 5308, 5310, 5311, 5316, 5317, 
                and 5318 of this chapter, 1118(b) of the Transportation 
                Equity Act: A Legacy for Users (relating to the 
                nonmotorized transportation pilot program), and section 
                3038 of the Transportation Equity Act for the 21st 
                Century (49 U.S.C. 5310 note; 112 Stat. 392-393) 
                $3,132,304,000 for fiscal year 2004.
                  ``(B) From general fund.--In addition to amounts made 
                available under subparagraph (A), there are authorized 
                to be appropriated to carry out sections 5307, 5308, 
                5310, 5311, 5316, and 5318 of this chapter, 1118(b) of 
                the Transportation Equity Act: A Legacy for Users 
                (relating to the nonmotorized transportation pilot 
                program), and section 3038 of the Transportation Equity 
                Act for the 21st Century (49 U.S.C. 5310 note; 112 
                Stat. 392-393) $783,076,000 for fiscal year 2004.
                  ``(C) Allocation of funds.--Of the aggregate of 
                amounts made available by and appropriated under this 
                paragraph for a fiscal year--
                          ``(i) $4,849,950 shall be available to the 
                        Alaska Railroad for improvements to its 
                        passenger operations under section 5307;
                          ``(ii) $125,000,000 shall be available to 
                        provide job access and reverse commute formula 
                        grants under section 5316;
                          ``(iii) $50,000,000 shall be available to 
                        provide clean fuels formula grants under 
                        section 5308;
                          ``(iv) $8,000,000 shall be available to 
                        provide over-the-road bus accessibility grants 
                        under section 3038 of the Transportation Equity 
                        Act for the 21st Century (49 U.S.C. 5310 note);
                          ``(v) $3,100,000 shall be available to carry 
                        out bus testing under section 5318;
                          ``(vi) $93,110,751 shall be available to 
                        provide transportation services to elderly 
                        individuals and individuals with disabilities 
                        under section 5310;
                          ``(vii) $297,954,404 shall be available to 
                        provide financial assistance for other than 
                        urbanized areas under section 5311; and
                          ``(viii) $3,333,364,895 shall be available to 
                        provide financial assistance for urbanized 
                        areas under section 5307, subject to section 
                        3041(h) of the Federal Public Transportation 
                        Act of 2005.
          ``(2) Fiscal years 2005 through 2009.--
                  ``(A) From trust fund.--There shall be available from 
                the Mass Transit Account of the Highway Trust Fund to 
                carry out sections 5307, 5308, 5310, 5311, 5316, 5317, 
                5318, and 5320 of this chapter, section 3038 of the 
                Transportation Equity Act for the 21st Century (49 
                U.S.C. 5310 note; 112 Stat. 392-393), and section 
                1118(b) of the Transportation Equity Act: A Legacy for 
                Users (relating to the nonmotorized transportation 
                pilot program)--
                          ``(i) $4,133,500,000 for fiscal year 2005;
                          ``(ii) $4,592,000,000 for fiscal year 2006;
                          ``(iii) $4,898,000,000 for fiscal year 2007;
                          ``(iv) $5,223,000,000 for fiscal year 2008; 
                        and
                          ``(v) $5,570,000,000 for fiscal year 2009.
                  ``(B) Allocation of funds for bus testing and over-
                the-road bus accessibility.--Of the aggregate of 
                amounts made available by this paragraph for a fiscal 
                year--
                          ``(i) $3,100,000 shall be available to carry 
                        out section 5318; and
                          ``(ii) $8,000,000 shall be available to carry 
                        out section 3038 of the Transportation Equity 
                        Act for the 21st Century (49 U.S.C. 5310 note).
                  ``(C) Allocation of funds for clean fuels formula 
                grant program.--Of the aggregate of amounts made 
                available by this paragraph, $75,000,000 for fiscal 
                year 2005 and $100,000,000 for each of fiscal years 
                2006, 2007, 2008, and 2009 shall be available to carry 
                out section 5308.
                  ``(D) Allocation of funds for job access and reverse 
                commute formula grant program.--Of the aggregate of 
                amounts made available by this paragraph, $150,000,000 
                for fiscal year 2005, $175,000,000 for fiscal year 
                2006, $200,000,000 for fiscal year 2007, $200,000,000 
                for fiscal year 2008, and $200,000,000 for fiscal year 
                2009 shall be available to carry out section 5316.
                  ``(E) Allocation of funds for new freedom program.--
                Of the aggregate of amounts made available by this 
                paragraph, $95,000,000 for fiscal year 2005, 
                $100,000,000 for fiscal year 2006, $105,000,000 for 
                fiscal year 2007, $115,000,000 for fiscal year 2008, 
                and $125,000,000 for fiscal year 2009 shall be 
                available to carry out section 5317.
                  ``(F) Allocation of funds for transit in the parks 
                pilot program.--Of the aggregate of amounts made 
                available by this paragraph, $8,000,000 for fiscal year 
                2005, $16,000,000 for fiscal year 2006, $16,000,000 for 
                fiscal year 2007, $16,000,000 for fiscal year 2008, and 
                $16,000,000 for fiscal year 2009 shall be available to 
                carry out section 5320.
                  ``(G) Allocation of funds for nonmotorized 
                transportation pilot program.--Of the aggregate of 
                amounts made available by this paragraph, $4,000,000 
                for fiscal year 2005, $4,000,000 for fiscal year 2006, 
                $4,000,000 for fiscal year 2007, $8,000,000 for fiscal 
                year 2008, and $8,000,000 for fiscal year 2009 shall be 
                available to carry out section 1118(b) of the 
                Transportation Equity Act: A Legacy for Users (relating 
                to the nonmotorized transportation pilot program).
                  ``(H) Allocation of funds for the alaska railroad.--
                Of the aggregate of amounts made available by this 
                paragraph, $10,000,000 for fiscal year 2005, 
                $11,000,000 for fiscal year 2006, $12,000,000 for 
                fiscal year 2007, $13,000,000 for fiscal year 2008, and 
                $14,000,000 for fiscal year 2009 shall be available to 
                the Alaska Railroad for improvements to its passenger 
                operations under section 5307.
                  ``(I) Remainder.--Of the remainder of the aggregate 
                amounts made available by this paragraph for a fiscal 
                year after the allocations under subparagraphs (B) 
                through (H) for such fiscal year--
                          ``(i) 2.5 percent shall be available to 
                        provide transportation services to elderly 
                        individuals and individuals with disabilities 
                        under section 5310;
                          ``(ii) 8.0 percent shall be available to 
                        provide financial assistance for other than 
                        urbanized areas under section 5311; and
                          ``(iii) 89.5 percent shall be available to 
                        provide financial assistance for urbanized 
                        areas under section 5307, subject to section 
                        3041(h) of the Federal Public Transportation 
                        Act of 2005.
  ``(b) Capital Program Grants in Fiscal Year 2004.--
          ``(1) From trust fund.--There shall be available from the 
        Mass Transit Account of the Highway Trust Fund to carry out 
        section 5309, $2,499,504,000 for fiscal year 2004.
          ``(2) From general fund.--In addition to amounts made 
        available by paragraph (1), there is authorized to be 
        appropriated to carry out section 5309, $624,876,200 for fiscal 
        year 2004.
  ``(c) Planning.--
          ``(1) Fiscal year 2004.--
                  ``(A) From trust fund.--There shall be available from 
                the Mass Transit Account of the Highway Trust Fund to 
                carry out sections 5303, 5304, and 5305, $72,660,000 
                for fiscal year 2004.
                  ``(B) From general fund.--In addition to amounts made 
                available by subparagraph (A), there is authorized to 
                be appropriated to carry out sections 5303, 5304, and 
                5305, $18,165,000 for fiscal year 2004.
          ``(2) Fiscal years 2005 through 2009.--
                  ``(A) From the trust fund.--There shall be available 
                from the Mass Transit Account of the Highway Trust Fund 
                to carry out sections 5303, 5304, and 5305--
                          ``(i) $96,875,000 for fiscal year 2005;
                          ``(ii) $103,325,000 for fiscal year 2006;
                          ``(iii) $110,200,000 for fiscal year 2007;
                          ``(iv) $117,537,500 for fiscal year 2008; and
                          ``(v) $125,362,500 for fiscal year 2009.
                  ``(B) Allocation of funds.--Of the funds made 
                available by this paragraph for a fiscal year--
                          ``(i) 82.72 percent shall be available for 
                        metropolitan planning under sections 5303, 
                        5304, and 5305 (other than 5305(e)); and
                          ``(ii) 17.28 percent shall be available for 
                        State planning under section 5305(e).
  ``(d) Research.--
          ``(1) Fiscal year 2004.--
                  ``(A) From trust fund.--There shall be available from 
                the Mass Transit Account of the Highway Trust Fund to 
                carry out sections 5311(b), 5312, 5313, 5314, 5315, 
                5322, and 5335, $41,888,000 for fiscal year 2004.
                  ``(B) From general fund.--In addition to amounts made 
                available by subparagraph (A), there is authorized to 
                be appropriated to carry out sections 5311(b), 5312, 
                5313, 5314, 5315, 5322, and 5335, $10,472,000 for 
                fiscal year 2004.
                  ``(C) Allocation of funds.--Of the funds made 
                available by or appropriated pursuant to this paragraph 
                for fiscal year 2004--
                          ``(i) not less than $4,500,000 shall be 
                        available to carry out programs under the 
                        National Transit Institute under section 5315;
                          ``(ii) not less than $3,500,000 shall be 
                        available to carry out section 5335;
                          ``(iii) not less than $3,500,000 shall be 
                        available to carry out section 5314(a)(2); and
                          ``(iv) not less than $8,860,000 shall be 
                        available to carry out section 5313(a).
          ``(2) Fiscal years 2005 through 2009.--
                  ``(A) From the general fund.--There is authorized to 
                be appropriated to carry out sections 5312, 5313, 5314, 
                5315, 5322, and 5335--
                          ``(i) $54,500,000 for fiscal year 2005;
                          ``(ii) $57,000,000 for fiscal year 2006;
                          ``(iii) $59,500,000 for fiscal year 2007;
                          ``(iv) $62,000,000 for fiscal year 2008; and
                          ``(v) $64,500,000 for fiscal year 2009.
                  ``(B) Allocation of funds.--Of the funds appropriated 
                pursuant to this paragraph for a fiscal year--
                          ``(i) not less than $4,500,000 shall be 
                        available to carry out programs under the 
                        National Transit Institute under section 5315;
                          ``(ii) not less than $3,500,000 shall be 
                        available to carry out section 5335; and
                          ``(iii) not less than $3,500,000 shall be 
                        available to carry out section 5314(a)(2).
                  ``(C) Transit cooperative research program.--Of the 
                funds appropriated pursuant to this paragraph, 
                $9,000,000 for fiscal year 2005, $9,500,000 for fiscal 
                year 2006, $10,000,000 for fiscal year 2007, 
                $10,500,000 for fiscal year 2008, and $11,000,000 for 
                fiscal year 2009 shall be available to carry out 
                section 5313(a).
                  ``(D) Remainder.--The remainder of the funds 
                appropriated pursuant to this paragraph for a fiscal 
                year after the allocations under subparagraphs (A) and 
                (B) for such fiscal year shall be available to carry 
                out national research and technology programs under 
                sections 5312, 5314, and 5322.
  ``(e) University Transportation Research.--
          ``(1) Fiscal year 2004.--
                  ``(A) From trust fund.--There shall be available from 
                the Mass Transit Account of the Highway Trust Fund to 
                carry out sections 5505 and 5506, $6,400,000 for fiscal 
                year 2004.
                  ``(B) From general fund.--In addition to amounts made 
                available by subparagraph (A), there is authorized to 
                be appropriated to carry out sections 5505 and 5506, 
                $1,600,000 for fiscal year 2004.
          ``(2) Fiscal years 2005 through 2009.--Subject to paragraph 
        (3), there is authorized to be appropriated to carry out 
        sections 5505 and 5506, $8,000,000 for each of fiscal years 
        2005 through 2009.
          ``(3) Funding of university transportation centers.--
                  ``(A) In general.--Of the amounts made available by 
                and appropriated under paragraphs (1) and (2) 
                $2,000,000 for each of fiscal years 2004, 2005, and 
                2006 shall be available for the institution identified 
                in section 5505(j)(3)(E), as so in effect.
                  ``(B) Use of funds.--Funds made available for the 
                institution identified in subparagraph (A)(iii) shall 
                be used to make grants under 5506(f)(5) for that 
                institution
                  ``(C) Special rule.--Nothing in this subsection shall 
                be construed to limit the transportation research 
                conducted by the centers funded by this section.
  ``(f) Administration.--
          ``(1) Fiscal year 2004.--
                  ``(A) From trust fund.--There shall be available from 
                the Mass Transit Account of the Highway Trust Fund to 
                carry out section 5334, $60,044,000 for fiscal year 
                2004.
                  ``(B) From general fund.--In addition to amounts made 
                available under subparagraph (A), there are authorized 
                to be appropriated to carry out section 5334, 
                $15,011,000 for fiscal year 2004.
          ``(2) Fiscal years 2005 through 2009.--There are authorized 
        to be appropriated to carry out section 5334--
                  ``(A) $78,000,000 for fiscal year 2005;
                  ``(B) $80,000,000 for fiscal year 2006;
                  ``(C) $82,000,000 for fiscal year 2007;
                  ``(D) $84,000,000 for fiscal year 2008; and
                  ``(E) $86,000,000 for fiscal year 2009.
  ``(g) Trust Fund Capital Program Grants.--There shall be available 
from the Mass Transit Account of the Highway Trust Fund to carry out 
sections 5309(m)(2)(B)(i) and 5309(m)(2)(B)(iii)--
          ``(1) $1,884,255,000 for fiscal year 2005;
          ``(2) $2,080,005,000 for fiscal year 2006;
          ``(3) $2,210,580,000 for fiscal year 2007;
          ``(4) $2,366,677,500 for fiscal year 2008; and
          ``(5) $2,518,882,500 for fiscal year 2009.
  ``(h) General Fund Capital Program Grants.--There are authorized to 
be appropriated to carry out sections 5309(m)(2)(A) and 
5309(m)(2)(B)(ii)--
          ``(1) $1,391,170,000 for fiscal year 2005;
          ``(2) $1,561,670,000 for fiscal year 2006;
          ``(3) $1,673,720,000 for fiscal year 2007;
          ``(4) $1,777,785,000 for fiscal year 2008; and
          ``(5) $1,904,255,000 for fiscal year 2009.
  ``(i) Grants as Contractual Obligations.--
          ``(1) Grants financed from highway trust fund.--A grant or 
        contract approved by the Secretary, that is financed with 
        amounts made available under subsection (a)(l)(A), (a)(2), 
        (b)(1), (c)(2), (d)(1)(A), (e)(1)(A), (f)(1)(A), or (g) is a 
        contractual obligation of the Government to pay the 
        Government's share of the cost of the project.
          ``(2) Grants financed from general fund.--A grant or 
        contract, approved by the Secretary, that is financed with 
        amounts made available under subsection (a)(l)(B), (b)(2), 
        (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), (f)(1)(B), 
        (f)(2), or (h) is a contractual obligation of the Government to 
        pay the Government's share of the cost of the project only to 
        the extent that amounts are provided in advance in an 
        appropriations Act.
  ``(j) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (a) through (h) shall remain available 
until expended.''.

SEC. 3035. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

  (a) In General.--Section 3038 of the Transportation Equity Act for 
the 21st Century (49 U.S.C. 5310 note; 112 Stat. 392) is amended--
          (1) by striking the section heading and inserting the 
        following:

``SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.'';

          (2) by striking subsection (e) and inserting the following:
  ``(e) Federal Share of Costs.--The Federal share of costs under this 
section shall be provided from funds made available to carry out this 
section. The Federal share of the costs for a project shall not exceed 
80 percent of the project cost.''; and
          (3) by striking subsection (g) and inserting the following:
  ``(g) Funding.--
          ``(1) Intercity, fixed route over-the-road bus service.--Of 
        the amounts made available to carry out this section in each 
        fiscal year, 75 percent shall be available for operators of 
        over-the-road buses used substantially or exclusively in 
        intercity, fixed-route over-the-road bus service to finance the 
        incremental capital and training costs of the Department of 
        Transportation's final rule regarding accessibility of over-
        the-road buses. Such amounts shall remain available until 
        expended.
          ``(2) Other over-the-road bus service.--Of the amounts made 
        available to carry out this section in each fiscal year, 25 
        percent shall be available for operators of other over-the-road 
        bus service to finance the incremental capital and training 
        costs of the Department of Transportation's final rule 
        regarding accessibility of over-the-road buses. Such amounts 
        shall remain available until expended.''.
  (b) Conforming Amendments.--The table of contents contained in 
section 1(b) of the Transportation Equity Act for the 21st Century (112 
Stat. 107) is amended by striking the item relating to section 3038 and 
inserting the following:

``3038. Over-the-road bus accessibility program.''.

SEC. 3036. UPDATED TERMINOLOGY.

  (a) Amendments to Chapter 53.--Chapter 53 is amended--
          (1) in the chapter heading by striking ``mass'' 
        and inserting ``public'';
          (2) in section 5310(h) by striking ``Mass'' and inserting 
        ``Public'';
          (3) in the subsection heading for section 5331(b) by striking 
        ``Mass'' and inserting ``Public''; and
          (4) by striking ``mass'' each place it appears in such 
        chapter before ``transportation'' and inserting ``public'', 
        except in sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), and 
        5323(a)(1)(B).
  (b) Table of Chapters.--The table of chapters for subtitle III is 
amended in the item relating to chapter 53 by striking ``MASS'' and 
inserting ``PUBLIC''.

SEC. 3037. PROJECT AUTHORIZATIONS FOR NEW FIXED GUIDEWAY CAPITAL 
                    PROJECTS.

  (a) Existing Full Funding Grant Agreements.--The following projects 
are authorized for final design and construction for existing full 
funding grant agreements in not less than the amount specified for each 
fiscal year:
          (1) Baltimore--Central LRT Double Tracking $39,367,154 for 
        fiscal year 2004, $28,777,920 for fiscal year 2005, and 
        $12,655,664 for fiscal year 2006.
          (2) Chicago--Chicago Transit Authority Douglas Branch 
        Reconstruction $83,655,202 for fiscal year 2004, $84,320,000 
        for fiscal year 2005, and $45,825,190 for fiscal year 2006.
          (3) Chicago--Chicago Transit Authority Ravenswood Expansion 
        Project $9,841,789 for fiscal year 2004, $39,680,000 for fiscal 
        year 2005, $40,000,000 for fiscal year 2006, $40,000,000 for 
        fiscal year 2007, $40,000,000 for fiscal year 2008, and 
        $65,152,615 for fiscal year 2009.
          (4) Cleveland--Euclid Corridor Transportation Project 
        $10,825,967 for fiscal year 2004, $24,800,000 for fiscal year 
        2005, and $24,974,513 for fiscal year 2006.
          (5) Dallas--North Central LRT Extension $29,684,097 for 
        fiscal year 2004.
          (6) Denver Southeast Corridor LRT $78,734,308 for fiscal year 
        2004, $79,360,000 for fiscal year 2005, $80,000,000 for fiscal 
        year 2006, $80,000,000 for fiscal year 2007, and $77,192,758 
        for fiscal year 2008.
          (7) Fort Lauderdale--Tri-Rail Commuter Rail Upgrade 
        $18,118,733 for fiscal year 2004 and $11,318,230 for fiscal 
        year 2005.
          (8) Los Angeles--Metro Gold Line Eastside Extension 
        $59,520,000 for fiscal year 2005, $80,000,000 for fiscal year 
        2006, $100,000,000 for fiscal year 2007, $80,000,000 for fiscal 
        year 2008, and $80,000,000 for fiscal year 2009.
          (9) Memphis--Medical Center Extension $9,101,281 for fiscal 
        year 2004.
          (10) Metra North Central Corridor Commuter Rail $19,177,300 
        for fiscal year 2004, $20,000,000 for fiscal year 2005, and 
        $18,476,237 for fiscal year 2006.
          (11) Metra South West Corridor Commuter Rail $15,000,000 for 
        fiscal year 2004, $15,500,000 for fiscal year 2005, and 
        $11,781,395 for fiscal year 2006.
          (12) Metra Union Pacific West Line Extension $17,000,000 for 
        fiscal year 2004, $12,000,000 for fiscal year 2005, and 
        $14,285,749 for fiscal year 2006.
          (13) Minneapolis--Hiawatha Corridor LRT $73,793,730 for 
        fiscal year 2004 and $33,428,865 for fiscal year 2005.
          (14) New Jersey Urban Core--Hudson-Bergen LRT MOS-2 
        $98,417,885 for fiscal year 2004, $99,200,000 for fiscal year 
        2005, $100,000,000 for fiscal year 2006, $100,000,000 for 
        fiscal year 2007, and $53,202,995 for fiscal year 2008.
          (15) New Jersey Urban Core--Newark-Elizabeth Rail Link MOS-1 
        $22,209,000 for fiscal year 2004, $316,907 for fiscal year 
        2005, and $1,025,169 for fiscal year 2006.
          (16) New Orleans MOS-1 Canal Street $22,922,877 for fiscal 
        year 2004 and $16,613,047 for fiscal year 2005.
          (17) Phoenix--Central Phoenix/East Valley LRT $12,794,325 for 
        fiscal year 2004, $74,400,000 for fiscal year 2005, $90,000,000 
        for fiscal year 2006, $90,000,000 for fiscal year 2007, 
        $90,000,000 for fiscal year 2008, and $90,000,000 for fiscal 
        year 2009.
          (18) Pittsburgh--Stage II LRT Reconstruction $31,733,314 for 
        fiscal year 2004 and $1,131,666 for fiscal year 2005.
          (19) Portland--Interstate MAX LRT Extension $76,273,861 for 
        fiscal year 2004, $23,292,160 fiscal year 2005, and $18,292,550 
        for fiscal year 2006.
          (20) Salt Lake City--Medical Center $30,178,231 for fiscal 
        year 2004 and $8,765,421 for fiscal year 2005.
          (21) San Diego--Mission Valley East LRT Extension $63,971,625 
        for fiscal year 2004, $80,986,880 for fiscal year 2005, and 
        $8,353,424 for fiscal year 2006.
          (22) San Diego--Oceanside Escondido Rail Corridor $47,240,585 
        for fiscal year 2004, $54,560,000 fiscal year 2005, and 
        $12,211,061 for fiscal year 2006.
          (23) San Francisco--BART Extension to San Francisco Airport 
        $98,417,890 for fiscal year 2004, $99,200,000 fiscal year 2005, 
        and $82,655,680 for fiscal year 2006.
          (24) San Juan--Tren Urbano $19,683,577 for fiscal year 2004, 
        $44,263,040 fiscal year 2005, and $10,555,900 for fiscal year 
        2006.
          (25) Seattle--Central Link Initial Segment LRT $73,813,414 
        for fiscal year 2004, $79,360,000 for fiscal year 2005, 
        $80,000,000 for fiscal year 2006, $80,000,000 for fiscal year 
        2007, $70,000,000 for fiscal year 2008, and $24,028,149 for 
        fiscal year 2009.
          (26) Washington DC/MD--Largo Metrorail Extension $63,971,625 
        for fiscal year 2004 and $76,156,450 for fiscal year 2005.
  (b) Final Design and Construction.--The following projects are 
authorized for final design and construction for fiscal years 2004 
through 2009 under paragraphs (1)(B), (2)(A), and (2)(B)(ii) of section 
5309(m) of title 49, United States Code:
          (1) Baltimore--MARC Commuter Rail Improvements.
          (2) Boston--Silver Line BRT Phase III.
          (3) Charlotte--South Corridor LRT.
          (4) Dallas Area Rapid Transit--Northwest-Southeast LRT 
        Extension.
          (5) Delaware--Wilmington-Newark Commuter Rail Improvements.
          (6) Denver--West Corridor LRT.
          (7) El Paso--Rapid Transit (SMART) Starter Line.
          (8) Harrisburg--Corridor One Commuter Rail (MOS-1).
          (9) Kansas City, Missouri--Southtown BRT.
          (10) Las Vegas--Resort Corridor Downtown Extension Project.
          (11) Los Angeles MTA--Exposition LRT.
          (12) Miami-Dade Transit--North Corridor.
          (13) Minneapolis--North Star Corridor.
          (14) Nashville, Tennessee Commuter Rail.
          (15) New Britain-Hartford Busway Project.
          (16) New Orleans--Desire Corridor Streetcar.
          (17) New York--Long Island Railroad East Side Access Project.
          (18) New York--Second Avenue Subway.
          (19) Norfolk Light Rail.
          (20) Northern Virginia--Dulles Corridor Extension to Wiehle 
        Avenue (Phase 1).
          (21) Orange County, California--Center Line LRT.
          (22) Philadelphia--Schuylkill Valley MetroRail.
          (23) Pittsburgh--North Shore Connector.
          (24) Portland, Oregon--South Corridor I-205/Portland Mall 
        LRT.
          (25) Providence--South County Commuter Rail.
          (26) Sacramento--South Corridor LRT Extension (Phase 2), 
        Meadowview to Consumnes River College.
          (27) Salt Lake City--Weber County to Salt Lake City Commuter 
        Rail.
          (28) San Diego--Mid-Coast Extension.
          (29) San Francisco Muni--Third Street LRT-Phase I/II.
          (30) Santa Clara Valley Transit Authority--Silicon Valley 
        Rapid Transit Corridor.
          (31) Tampa Bay--Regional Rail.
          (32) Triangle Transit Authority, North Carolina--Regional 
        Rail Project.
          (33) Washington County, Oregon--Wilsonville to Beaverton 
        Commuter Rail.
          (34) Wasilla-Girdwood, Alaska--Commuter Rail.
  (c) Alternatives Analysis and Preliminary Engineering.--The following 
projects are authorized for alternatives analysis and preliminary 
engineering for fiscal years 2004 through 2009 under paragraphs (1)(B), 
(2)(A), and (2)(B)(ii) of section 5309(m) of title 49, United States 
Code:
          (1) Albuquerque--High Capacity Corridor.
          (2) Ann Arbor/Detroit--Commuter Rail.
          (3) Atlanta--MARTA Memorial Drive Bus Rapid Transit.
          (4) Atlanta--GRTA I-75 Corridor, Downtown Atlanta--Cherokee 
        County.
          (5) Atlanta--Georgia 400 North Line Corridor Project.
          (6) Atlanta--Belt Line C-Loop.
          (7) Atlanta--I-20 South DeKalb-Lindbergh Corridor Project.
          (8) Austin--San Antonio I-35 Commuter Rail.
          (9) Austin--Rapid Bus Project.
          (10) Austin--Regional Commuter Rail.
          (11) Baltimore Light Rail System Extensions.
          (12) Bernillo-Santa Fe--New Mexico Commuter Rail.
          (13) Birmingham, Alabama--Transit Corridor.
          (14) Boise--Downtown Circulator.
          (15) Boston--Lechmere Transit Improvement to Somerville and 
        Medford.
          (16) Boston--North Shore Corridor and Blue Line Extension.
          (17) Boston--North/South Rail Link.
          (18) Boston--Urban Ring BRT.
          (19) Broward County, Florida--Bus Rapid Transit.
          (20) Central Florida Commuter Rail System.
          (21) Central Phoenix--East Valley Corridor LRT Extensions.
          (22) Charlotte--North Corridor Project.
          (23) Charlotte--Northeast Corridor Project.
          (24) Charlotte--South Corridor LRT extension to Rock Hill, 
        South Carolina.
          (25) Charlotte--Southeast-West Corridor Project.
          (26) Charlotte--Center City Streetcar Project.
          (27) Chicago--Cermack Road BRT.
          (28) Chicago CTA--Red Line Extension.
          (29) Chicago CTA--Chicago Transit Hub (Circle Line-Ogden 
        Streetcar).
          (30) Chicago CTA--Orange Line Extension (Midway Airport to 
        Ford City).
          (31) Chicago CTA--Southeast Service-La Salle Street Station 
        to Baltimore Race Track.
          (32) Chicago CTA--Yellow Line Extension (Dempster-Old 
        Orchard).
          (33) Chula Vista, California--Bus Rapid Transit.
          (34) Clark County, Washington--MAX Extension.
          (35) Cleveland-Akron-Canton (Northeast Ohio) Commuter Rail.
          (36) Columbia, South Carolina--Light Rail.
          (37) Contra-Costa--BART Extension.
          (38) Corpus Christi--Downtown Rail Trolley.
          (39) Dallas Area Rapid Transit--Dallas Central Business 
        District.
          (40) Dallas Area Rapid Transit--Rowlett LRT Extension.
          (41) Dallas Area Rapid Transit--Beltline to DFW Airport.
          (42) Dayton--Aviation Heritage Corridor Streetcar Project.
          (43) Denton County Transportation Authority, Texas--Fixed 
        Guideway Project.
          (44) Denver--Gold Line Extension to Arvada.
          (45) Denver--United States Route 36 Transit Corridor.
          (46) Denver--North Metro Corridor to Thornton.
          (47) Denver--East Corridor to DIA Airport.
          (48) Denver--I-225 Transit Corridor.
          (49) Denver--Southeast Corridor Extension to Lone-Tree/
        Ridgegate.
          (50) Denver--Southwest Corridor Extension to C470/Lucent 
        Boulevard.
          (51) Detroit--Center City Loop.
          (52) District of Columbia--Light Rail Starter Line.
          (53) Fitchburg, Massachusetts--Commuter Rail Extensions and 
        Improvements.
          (54) Fort Lauderdale--Downtown Rail Link.
          (55) Fort Lauderdale--Transit Project from NW 215th and 79th 
        Streets.
          (56) Fort Worth--Cottonbelt Commuter Rail to DFW.
          (57) Fort Worth--Trinity Railway Express Commuter Rail 
        Extensions.
          (58) Galveston--Rail Trolley Extension.
          (59) Glendale, California--Downtown Streetcar.
          (60) Grand Rapids--Fixed Guideway Corridor Project.
          (61) Guam--Tumon Bay-Airport Light Rail.
          (62) Honolulu--Rapid Transit Project.
          (63) Houston Advanced Transit Program Light Rail.
          (64) Indianapolis--System of Metropolitan Area Rapid Transit.
          (65) Jacksonville--East-Southwest BRT.
          (66) Jacksonville--North-Southeast BRT.
          (67) Kansas City, Missouri-Lawrence, Kansas--Commuter Rail.
          (68) Kenosha-Racine-Milwaukee Metra Commuter Rail Extension 
        (Wisconsin).
          (69) Kenosha, Wisconsin Streetcar Expansion Project.
          (70) King County, Washington--I-405 Corridor Bus Rapid 
        Transit.
          (71) Lakeville, Minnesota--Cedar Avenue Corridor Bus Rapid 
        Transit.
          (72) Lane County, Oregon--Bus Rapid Transit, Phase 2.
          (73) Little Rock--River Rail Streetcar Extensions.
          (74) Little Rock--West Little Rock Commuter Rail.
          (75) Long Island Railroad--Nassau Hub.
          (76) Lorain-Cleveland Commuter Rail.
          (77) LOSSAN Del Mar-San Diego--Rail Corridor Improvements.
          (78) Lovejoy to Griffin, Georgia Commuter Rail.
          (79) Madison and Dane Counties, Wisconsin--Transport 2020 
        Commuter Rail.
          (80) Maryland--I-270 Corridor Cities Transitway.
          (81) Maryland--Route 5 Corridor to Waldorf.
          (82) Maryland--Silver Spring Capacity Improvements.
          (83) Memphis--Downtown Airport Corridor.
          (84) Memphis Regional Rail Plan.
          (85) Memphis, Medical Center Rail Extension to Airport.
          (86) Metra BNSF Naperville to Aurora Corridor Extension and 
        Improvements.
          (87) Metra South Suburban Airport Commuter Rail Extension.
          (88) Metra SouthEast Service Line Commuter Rail.
          (89) Metra STAR Line Inter-Suburban Commuter Rail.
          (90) Metra UP Northwest Line Core Capacity Upgrades.
          (91) Metra UP West Line Core Capacity Upgrades.
          (92) Metra-West Line Extension, Elgin to Rockford.
          (93) Miami-Dade Transit--Douglas Road Extension.
          (94) Miami-Dade Transit--East-West Corridor.
          (95) Miami-Dade Transit--Kendall Corridor.
          (96) Miami-Dade Transit--Northeast Corridor.
          (97) Miami-Dade Transit--South Dade Corridor.
          (98) Miami-Dade Transit--Miami Intermodal Center to 
        Earlington Heights.
          (99) Miami--Downtown Streetcar Project.
          (100) Middletown-South Fallsburg, New York, Passenger Rail.
          (101) Minneapolis-St. Paul--Central Corridor Transit Project.
          (102) Missouri/Kansas--Interstate 35 Transit Corridor.
          (103) Monterey County, California--Commuter Rail.
          (104) Montgomery and Prince George's Counties, Maryland--Bi-
        County Transitway (Purple Line).
          (105) Nashua--Commuter Rail.
          (106) Nashua-Manchester--Commuter Rail Extension.
          (107) Nashville--Area Transit Corridors.
          (108) Nashville--Southeast Rail Corridor.
          (109) Nashville Tennessee Commuter Rail.
          (110) Nassau and Queens Counties, New York--LIRR Main Line 
        Third Track Project.
          (111) New Haven, Connecticut-Hartford, Connecticut-
        Springfield, Massachusetts Commuter Line.
          (112) New Jersey Trans-Hudson Midtown Corridor.
          (113) New Jersey Transit--Northeast Corridor Trans-Hudson 
        Commuter Rail Improvements.
          (114) New Jersey Transit--Morris/Essex/Boonton Trans-Hudson 
        Commuter Rail Improvements.
          (115) New Jersey Transit--New York Susquehanna and Western RR 
        Commuter Extension.
          (116) New Jersey Transit--West Trenton Line Commuter Line 
        Service Extension.
          (117) New Jersey Urban Core.
          (118) New Orleans--Airport-CBD Commuter Rail.
          (119) New York--Rockaway-Brooklyn Army Terminal-Manhattan 
        Ferry Service.
          (120) New York--Staten Island to Manhattan High-Speed Ferry 
        Service Extension.
          (121) New York--Stewart Airport Rail Access.
          (122) Newburg, New York--LRT System.
          (123) North Carolina Piedmont Authority Regional Rail--
        Greensboro to Winston-Salem.
          (124) Northern Indiana--Commuter District Line.
          (125) Northern Indiana--West Lake Commuter Rail Link (South 
        Shore Commuter Rail).
          (126) Norfolk--Naval Station Corridor.
          (127) Norfolk-Petersburg--United States Route 460 Commuter 
        Rail Project.
          (128) Northern Virginia--Crystal City Potomac Yards Transit.
          (129) Northern Virginia--Columbia Pike Rapid Transit Project.
          (130) Northern Virginia--Dulles Corridor Extension, Phase 2.
          (131) Northern Virginia--Richmond Highway (Route 1) Rapid 
        Transit Project.
          (132) Orlando-Orange County, Florida--Light Rail Project.
          (133) Philadelphia--Navy Yard Transit Extension.
          (134) Philadelphia--52nd Street City Connector Project.
          (135) Philadelphia--Route 100 Rapid Trolley Extension.
          (136) Philadelphia--Broad Street Subway Line Extension.
          (137) Pinellas Mobility Initiative Bus Rapid Transit.
          (138) Pittsburgh--Allegheny and Armstrong Counties, Commuter 
        Rail.
          (139) Pittsburgh--East-West Corridor Rapid Transit.
          (140) Pittsburgh--Martin Luther King, Jr. Busway Extension.
          (141) Portland Streetcar Extensions.
          (142) Provo-Orem Utah--Bus Rapid Transit.
          (143) Quakertown-Stoney Creek, Pennsylvania--Rail 
        Restoration.
          (144) Raritan Valley, New Jersey--Commuter Rail.
          (145) Reno, Nevada--Virginia Street Bus Rapid Transit 
        Project.
          (146) Riverside County, California--Perris Valley Line 
        Metrolink Extension.
          (147) Roaring Fork Valley, Colorado--Bus Rapid Transit.
          (148) Rock Island, Illinois--Quad Cities Rapid Transit 
        System.
          (149) Sacramento--Regional Rail, Auburn to Oakland.
          (150) Sacramento--Downtown/Natomas Airport Transit Corridor.
          (151) St. Paul-Hastings--Red Rock Corridor Commuter Rail 
        Project.
          (152) Salt Lake City--Airport to University LRT.
          (153) Salt Lake City--Delta Center to Gateway Intermodal 
        Center LRT Extension.
          (154) Salt Lake City--Draper to Sandy LRT Extension.
          (155) Salt Lake City--TRAX Capacity Improvements.
          (156) Salt Lake City--West Valley City LRT Extension.
          (157) Salt Lake City--West Jordan LRT extension.
          (158) San Antonio--Bus Rapid Transit.
          (159) San Diego--Sprinter Rail Line Extension Project.
          (160) San Francisco--BART Extension to Livermore.
          (161) San Francisco--BART Extension to Oakland International 
        Airport.
          (162) San Francisco--MUNI Geary Boulevard Bus Rapid Transit.
          (163) San Gabriel Valley--Gold Line Foothill Extension, 
        Pasadena to Montclair.
          (164) San Joaquin Regional Rail Commission Commuter Rail 
        (Altamont Commuter Express).
          (165) San Juan Tren Urbano--Extension from Rio Piedras to 
        Carolina.
          (166) San Juan--Tren Urbano Minillas Extension.
          (167) Santa Fe--El Dorado Rail Link.
          (168) Seattle--Monorail Project.
          (169) Seattle--Link LRT Extensions.
          (170) Seattle--Sound Transit Commuter Rail.
          (171) Seattle--Sound Transit Regional Express Bus.
          (172) Sevierville to Pigeon Ford, Tennessee--Bus Rapid 
        Transit.
          (173) Sonoma/Marin (SMART) Commuter Rail, California.
          (174) South Carolina High Speed Rail Corridor.
          (175) Southern California High Speed Regional Transit.
          (176) St. Louis Metro Link--Scott AFB to Mid America Airport.
          (177) St. Louis--East/West Gateway.
          (178) St. Louis--Metro Link Northside Daniel Boone Project.
          (179) St. Louis--Metro South Corridor.
          (180) St. Louis--University Downtown Trolley.
          (181) Stamford, Connecticut--Urban Transitway Phase II.
          (182) Tampa--Bus Rapid Transit Improvements.
          (183) Toledo, Ohio--CBD to Zoo.
          (184) Toledo, Ohio--University Corridor.
          (185) Trenton Trolley.
          (186) Tri-Rail Dolphin Extension.
          (187) Tri-Rail Florida East Coast Commuter Rail Extension.
          (188) Tri-Rail Jupiter Extension.
          (189) Tri-Rail Scripps Corridor Extension Project.
          (190) Tucson--Old Pueblo Trolley Expansion.
          (191) Vancouver--Interstate MAX Extension to Clark County, 
        Washington.
          (192) Virginia Beach--Bus Rapid Transit.
          (193) Virginia Railway Express Capacity Improvements.
          (194) Washington State Ferries and Ferry Facilities.
          (195) Washington State--Issaquah Valley Trolley Project.
          (196) Williamsburg-Newport News--Peninsula Rail Transit.
  (d) Rules Relating to Funding.--
          (1) Subsection (a) projects.--
                  (A) In general.--The Secretary is authorized to 
                expend funds made available under section 5309(m) of 
                title 49, United States Code, for final design and 
                construction of projects authorized by subsection (a) 
                as existing full funding grant agreements.
                  (B) Minimum funding levels.--The Secretary shall make 
                available not less than the following amounts for 
                projects authorized by subsection (a): $1,065,927,770 
                for fiscal year 2004, $1,071,034,586 for fiscal year 
                2005, $731,532,532 for fiscal year 2006, $490,000,000 
                for fiscal year 2007, $410,395,753 for fiscal year 
                2008, and $259,180,764 for fiscal year 2009.
          (2) Subsection (b) projects.--
                  (A) In general.--Projects authorized by subsection 
                (b) for final design and construction are also 
                authorized for alternatives analysis and preliminary 
                engineering.
                  (B) Minimum funding levels.--The Secretary shall make 
                available not less than the following amounts for 
                projects authorized by subsection (b): $30,579,750 for 
                fiscal year 2004, $186,475,050 for fiscal year 2005, 
                $681,268,504 for fiscal year 2006, $1,024,856,176 for 
                fiscal year 2007, $1,199,242,825 for fiscal year 2008, 
                and $1,465,646,690 for fiscal year 2009.
                  (C) Priority.--In making funds available under 
                subparagraph (B), the Secretary shall first make such 
                funds available for any full funding grant agreement 
                executed by the Secretary in fiscal year 2005 after the 
                date of enactment of this Act and for any full funding 
                grant agreement executed by the Secretary in the amount 
                indicated in fiscal years 2005 through 2009 in the 
                amount indicated in the ``Schedule of Federal Funds for 
                the Project'' included in such agreement.
          (3) Subsection (c) projects.--
                  (A) In general.--Effective October 1, 2007, projects 
                authorized by subsection (c) for alternatives analysis 
                and preliminary engineering are also authorized for 
                final design and construction.
                  (B) Maximum funding levels.--The Secretary shall make 
                available not more than the following amounts for 
                projects authorized by subsection (c): $95,348,480 for 
                fiscal year 2004, $109,348,664 for fiscal year 2005, 
                $122,852,264 for fiscal year 2006, and $131,726,624 in 
                fiscal year 2007.
                  (C) Maximum funding levels for alternatives analysis 
                and preliminary engineering.--In fiscal years 2008 and 
                2009, the Secretary shall make available not more than 
                the following amounts for projects authorized by 
                subsection (b), and projects authorized by subsection 
                (c), to conduct alternatives analysis and preliminary 
                engineering activities: $139,968,572 in fiscal year 
                2008 and $149,984,996 in fiscal year 2009.
  (e) New Jersey Urban Core Project.--Section 3031(d) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (112 Stat. 380; 105 Stat. 
2122) is amended--
          (1) by striking ``associated components to and at the 
        contiguous New Jersey Meadowlands Sports Complex),'' and 
        inserting ``to and at the contiguous New Jersey Meadowlands 
        Sports Complex), including a connection to the Hudson River 
        Waterfront Transportation System, the Lackawanna Cutoff,''; and
          (2) by striking ``in Lakewood to Freehold to Matawan or 
        Jamesburg, New Jersey, as described in section 3035(p) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 (105 
        Stat. 2131)'' and inserting ``from Lakehurst to the Northeast 
        Corridor or the New Jersey Coast Line''.
  (f) New Jersey Trans-Hudson Midtown Corridor.--Project elements of 
the New Jersey Trans-Hudson Midtown Corridor advanced with 100 percent 
non-Federal funds shall be given consideration by the Federal Transit 
Administration when evaluating the local share of the project in the 
new starts rating process, including the purchase of bilevel rail 
equipment.

SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILITIES.

  Of the amounts made available to carry out section 5309(m)(2)(B)(iii) 
of title 49, United States Code, for each of fiscal years 2006 through 
2008, the Secretary shall make funds available for the following 
projects in not less than the amounts specified for the fiscal year:

----------------------------------------------------------------------------------------------------------------
                            Projects                                   FY 06           FY 07           FY 08
----------------------------------------------------------------------------------------------------------------
1. Glendale, CA Purchase of CNG Buses for Glendale Beeline              $147,840        $152,460        $161,700
 Transit System.................................................
2. Detroit Fare Collection System...............................      $1,280,000      $1,320,000      $1,400,000
3. Flint, MI Construct Intermodal Hub at Bishop International           $640,000        $660,000        $700,000
 Airport........................................................
4. Des Plaines, Wauconda, Cook and Lake Counties, IL Rand Road          $256,000        $264,000        $280,000
 Transit Signal Priority........................................
5. Indianapolis, IN Downtown transit center.....................      $4,480,000      $4,620,000      $4,900,000
6. Los Angeles, CA, Construction of Intermodal Transit Center at        $252,800        $260,700        $276,500
 California State University Los Angeles........................
7. Columbus, OH--Central Ohio Transity Authority Paratransit            $640,000        $660,000        $700,000
 Facility.......................................................
8. Silver Spring, MD Construct Silver Spring Transit Center in        $1,168,000      $1,204,500      $1,277,500
 downtown Silver Spring.........................................
9. Detroit, MI Enclosed heavy-duty maintenance facility with          $1,440,000      $1,485,000      $1,575,000
 full operational functions for up to 300 buses.................
10. Bronx, NY Wildlife Conservation Society intermodal                  $160,000        $165,000        $175,000
 transportation facility at the Bronx Zoo.......................
11. Construct pedestrian and bicycle amenities on Seawall Blvd          $960,000        $990,000      $1,050,000
 Galveston, TX..................................................
12. Hoboken, NJ Rehabilitation of Hoboken Intermodal Terminal...        $320,000        $330,000        $350,000
13. Newark, NJ Penn Station Intermodal Improvements including           $320,000        $330,000        $350,000
 the rehabilitation of boarding areas...........................
14. Orlando, Florida--LYNX Bus Fleet Expansion Program..........        $288,000        $297,000        $315,000
15. Fairfax County, VA Richmond Highway (U.S. Route 1) Public           $640,000        $660,000        $700,000
 Transportation Improvements....................................
16. Portland, OR Renovation of Union Station, including                  $32,000         $33,000         $35,000
 structural reinforcement and public safety upgrades............
17. Davis, CA Davis Multi-Modal Station to improve entrance to          $320,000        $330,000        $350,000
 Amtrak Depot and parking lot, provide additional parking and
 improve service................................................
18. Reno-Sparks, Nevada--Intermodal Transportation Terminals and      $1,280,000      $1,320,000      $1,400,000
 Related Development............................................
19. Bar Harbor, ME Purchase new buses to enhance commuting near          $96,000         $99,000        $105,000
 the Jackson Labs...............................................
20. Bronx, NY Establish an intermodal transportation facility at        $320,000        $330,000        $350,000
 the Wildlife Conservation Society Bronx Zoo....................
21. Hingham, MA Hingham Marine Intermodal Center Improvements:        $2,880,000      $2,970,000      $3,150,000
 Enhance public transportation infrastructure/parking...........
22. Philadelphia, PA Philadelphia Zoo Intermodal Transportation       $1,600,000      $1,650,000      $1,750,000
 project w/parking consolidation, pedestrian walkways, public
 transportation complements & landscape improvements to surface
 parking lots...................................................
23. Construct intermodal transportation & parking facility, City        $160,000        $165,000        $175,000
 of Winter Park.................................................
24. Roma, TX Bus Facility.......................................        $168,000        $173,250        $183,750
25. New York City, NY First Phase Implementation of Bus Rapid           $320,000        $330,000        $350,000
 Transit System.................................................
26. Scottsdale, Arizona--Construct intermodal center............        $640,000        $660,000        $700,000
27. Sonoma County, CA Purchase of CNG buses.....................        $160,000        $165,000        $175,000
28. Camden, NJ Construction of the Camden County Intermodal             $320,000        $330,000        $350,000
 Facility in Cramer Hill........................................
29. Sandy Hook, NJ National Park Service - Construct year-round         $320,000        $330,000        $350,000
 ferry dock at Sandy Hook Unit of Gateway National Recreation
 Area...........................................................
30. Sevier County, Tennessee--U.S. 441. bus rapid transit.......         $80,000         $82,500         $87,500
31. St. Augustine, Florida--Intermodal Transportation and               $320,000        $330,000        $350,000
 Parking Facility...............................................
32. Torrington, CT Construct bus-related facility (Northwestern         $640,000        $660,000        $700,000
 Connecticut Central Transit District)..........................
33. Warren, PA--Construct Intermodal Transportation Center and          $320,000        $330,000        $350,000
 related pedestrian and landscape imporovements.................
34. Toledo, OH TARTA/TARPS Passenger Intermodal Facility              $2,400,000      $2,475,000      $2,625,000
 construction...................................................
35. Union City, CA Intermodal Station, Phase 1: Modify BART           $1,360,000      $1,402,500      $1,487,500
 station........................................................
36. Los Angeles, CA Wilshire-Vermont subway station                     $320,000        $330,000        $350,000
 reconstruction.................................................
37. Lancaster, PA--bus replacement..............................        $304,000        $313,500        $332,500
38. Monmouth County, NJ Construction of main bus facility for           $640,000        $660,000        $700,000
 Freehold Township, including a terminal and repair shop........
39. Monrovia, California--Transit Village Project...............        $960,000        $990,000      $1,050,000
40. Duluth, MN Downtown Duluth Area Transit facility                    $640,000        $660,000        $700,000
 improvements...................................................
41. Brooklyn, NY New Urban Center--Broadway Junction Intermodal         $307,200        $316,800        $336,000
 Center.........................................................
42. Medford, MA Downtown revitalization featuring construction          $640,000        $660,000        $700,000
 of a 200 space Park and Ride Facility..........................
43. Needles, California--El Garces Intermodal Facility..........        $640,000        $660,000        $700,000
44. Bridgeport, Connecticut--Greater Bridgeport Transit                 $160,000        $165,000        $175,000
 Authority Bus Facility.........................................
45. Palm Springs, California-- Sunline Transit bus purchase.....        $160,000        $165,000        $175,000
46. National Park Service - Design and construct 2.1-mile               $320,000        $330,000        $350,000
 segment to complete Sandy Hook multi-use pathway in Sandy Hook,
 NJ.............................................................
47. Phoenix, AZ Construct City of Phoenix paratransit facility          $320,000        $330,000        $350,000
 (Dial-a-Ride)..................................................
48. Project provides for the engineering and construction of a          $320,000        $330,000        $350,000
 transportation center in Paoli, Chester County.................
49. Columbus, Georgia--Buses & Bus Facilities...................        $310,080        $319,770        $339,150
50. Cleveland, Ohio--University Circle intermodal facility......      $2,720,000      $2,805,000      $2,975,000
51. Cleveland, OH acquisition of buses Greater Cleveland                $320,000        $330,000        $350,000
 Regional Transit Authority.....................................
52. Greensboro, North Carolina--Replacement buses...............      $1,849,600      $1,907,400      $2,023,000
53. Johnson Co., KS Bus and bus related facilities [I-35.               $640,000        $660,000        $700,000
 corridor], Johnson Co. Transit.................................
54. City of Alameda, CA Plan, design, and construct intermodal          $640,000        $660,000        $700,000
 facility.......................................................
55. New Orleans, LA Intermodal Riverfront Center................        $160,000        $165,000        $175,000
56. Replace railroad draw bridge in Galveston, Texas............        $160,000        $165,000        $175,000
57. Wilmington, NC Build Intermodal Center......................        $320,000        $330,000        $350,000
58. Yabucoa, Puerto Rico--Trolley buses.........................         $56,000         $57,750         $61,250
59. Beverly, MA Design and Construct Beverly Depot Intermodal           $640,000        $660,000        $700,000
 Transportation Center..........................................
60. Georgia Statewide Bus Program...............................         $64,000         $66,000         $70,000
61. Trenton, New Jersey--Trenton Train Station Rehabilitation...        $400,000        $412,500        $437,500
62. Trenton, NJ Reconstruction and rehabilitation of the Trenton      $2,240,000      $2,310,000      $2,450,000
 Train Station..................................................
63. Zapata, Texas Purchase Bus vehicles.........................         $80,000         $82,500         $87,500
64. Zanesville, OH--bus system signage and shelters.............         $20,800         $21,450         $22,750
65. York, Pennsylvania--Rabbit Transit facilities and                   $886,560       $914,265.        $969,675
 communications equipment.......................................
66. Canby, OR bus and bus facilities............................         $48,000         $49,500         $52,500
67. New Orleans, LA Plan and construct New Orleans Union                $320,000        $330,000        $350,000
 Passenger Terminal intermodal facilities.......................
68. Northern Neck and Middle Peninsula, Virginia--Bay Transit         $1,040,000      $1,072,500      $1,137,500
 Multimodal Facilities..........................................
69. Broward County, FL Buses & Bus Facilities...................      $2,080,000      $2,145,000      $2,275,000
70. Palm Springs, California--Sunline Transit: CalStart-                $320,000        $330,000        $350,000
 Weststart fuel cell bus program................................
71. San Juan, Puerto Rico--Buses................................        $320,000        $330,000        $350,000
72. Hammond, Louisiana--Passenger intermodal facility at                 $64,000         $66,000         $70,000
 Southern Louisiana.............................................
73. West Virginia Construct Beckley Intermodal Gateway pursuant       $7,680,000      $7,920,000      $8,400,000
 to the eligibility provisions for projects listed under section
 3030(d)(3) of P.L. 105-178.....................................
74. Albany-Schenectady, NY Bus Rapid Transit Improvements in NY         $320,000        $330,000        $350,000
 Route 5. Corridor..............................................
75. Alameda County, CA AC Transit Bus Rapid Transit Corridor            $160,000        $165,000        $175,000
 Project........................................................
76. Baldwin Park, CA Construct vehicle and bicycle parking lot          $640,000        $660,000        $700,000
 and pedestrian rest area at transit center.....................
77. Niagara Falls, NY Relocation, Development, and Enhancement        $1,792,000      $1,848,000      $1,960,000
 of Niagara Falls International Railway Station/Intermodal
 Transportation Center..........................................
78. Utica, New York--Union Station Boehlert Center siding track          $32,000         $33,000         $35,000
 improvements...................................................
79. Ionia County, MI--Purchase and implementation of                    $188,800        $194,700        $206,500
 communication equipment improvements...........................
80. Flagler County, Florida--bus facility.......................        $192,000        $198,000        $210,000
81. Easton, Pennsylvania--Design and construct Intermodal               $640,000        $660,000        $700,000
 Transportation Center..........................................
82. Yamhill County, OR For the construction of bus shelters,             $35,200         $36,300         $38,500
 park and ride facilities, and a signage strategy to increase
 ridership......................................................
83. Woodland, CA Yolobus operations, maintenance, administration        $640,000        $660,000        $700,000
 facility expansion and improvements to increase bus service
 with alternative fuel buses....................................
84. Sacramento, CA Construct intermodal station and related           $2,240,000      $2,310,000      $2,450,000
 improvements...................................................
85. Torrance Transit System, CA Acquisition of EPA and CARB-            $960,000        $990,000      $1,050,000
 certified low emission replacement buses.......................
86. Burlington County, NJ--BurLink and Burlington County              $1,280,000      $1,320,000      $1,400,000
 Transportation System vehicles and equipment...................
87. Niles, OH Acquisition of bus operational and service                 $64,000         $66,000         $70,000
 equipment for Niles Trumbull Transit...........................
88. Rockport, MA Rockport Commuter Rail Station Improvements....        $880,000        $907,500        $962,500
89. Cincinnati, Ohio--Metro Regional Transit Hub Network Eastern        $256,000        $264,000        $280,000
 Neighborhoods..................................................
90. Buses and bus related facilities throughout the State of          $1,920,000      $1,980,000      $2,100,000
 Connecticut....................................................
91. Columbus, GA Bus replacement................................         $96,000         $99,000        $105,000
92. Norwalk, CA Transit System Bus Procurement and Los Angeles          $256,000        $264,000        $280,000
 World Airport Remote Fly-Away Facility Project.................
93. Salem, OR bus and bus facilities............................        $640,000        $660,000        $700,000
94. Ilwaco, WA Procure shuttles for Lewis and Clark National             $32,000         $33,000         $35,000
 Historical Park................................................
95. Gainesville, FL Bus Replacement.............................      $1,280,000      $1,320,000      $1,400,000
96. SEPTA Montgomery County Intermodal Improvements at Glenside       $1,600,000      $1,650,000      $1,750,000
 and Jenkintown Station Parking Garages.........................
97. Fredericksburg, Virginia--Improve and repair Fredericksburg         $640,000        $660,000        $700,000
 Station........................................................
98. Birmingham, AL Expansion of Downtown Intermodal Facility,           $640,000        $660,000        $700,000
 Phase II.......................................................
99. Gresham, Oregon Construct a new light rail station and              $448,000        $462,000        $490,000
 transit plaza on Portland MAX system and serve Gresham Civic
 neighborhood...................................................
100. Jersey City, NJ McGinley Square Intermodal Facility........        $256,000        $264,000        $280,000
101. Emeryville, CA Expand & Improve Intermodal Transit Center          $320,000        $330,000        $350,000
 at Amtrak Station..............................................
102. Jersey City, NJ Construct West Entrance to Pavonia-Newport         $640,000        $660,000        $700,000
 PATH Station...................................................
103. Longwood, Florida--Construct Intermodal Transportation             $160,000        $165,000        $175,000
 Facility.......................................................
104. Marietta, Ohio Construction of transportation hub to               $160,000        $165,000        $175,000
 accommodate regional bus traffic...............................
105. Akron, Ohio--West Market Street transit center and related         $208,000        $214,500        $227,500
 pedestrian improvements........................................
106. Sandy, Oregon Transit Bus Facility.........................        $112,000        $115,500        $122,500
107. Jacksonville, FL Paratransit Vehicles......................      $1,440,000      $1,485,000      $1,575,000
108. Carson, CA Purchase two tripper buses......................        $160,000        $165,000        $175,000
109. Bloomington, IN--Bus and transfer facility.................      $1,539,200      $1,587,300      $1,683,500
110. Cobb County, GA Cobb County Smart Card Technology/Bus              $320,000        $330,000        $350,000
 Facility Improvements..........................................
111. Construct West Houston and Fort Bend County, Texas--bus            $320,000        $330,000        $350,000
 transit corridor...............................................
112. Mariposa, CA--Yosemite National Park CNG-Hydrogen transit          $800,000        $825,000        $875,000
 buses and facilities...........................................
113. Snohomish County, WA Community Transit bus purchases and           $960,000        $990,000      $1,050,000
 facility enhancement...........................................
114. Geneva, Illinois--Construct commuter parking deck for Metra      $1,280,000      $1,320,000      $1,400,000
 Service........................................................
115. Rhode Island Statewide Bus Fleet...........................      $1,920,000      $1,980,000      $2,100,000
116. Pleasant Hill, CA Construct Diablo Valley College Bus              $480,000        $495,000        $525,000
 Transit Center.................................................
117. Broward, FL Purchase new articulated buses and bus stop            $160,000        $165,000        $175,000
 improvements on State Road 7. (SR 7) between Golden Glades
 Interchange and Glades Road....................................
118. Attleboro, MA Construction, engineering and site                   $640,000        $660,000        $700,000
 improvements at the Attleboro Intermodal Center................
119. Burbank, CA CNG Transit Vehicles Purchase for Local Transit        $144,000        $148,500        $157,500
 Network Expansion..............................................
120. Dayton Airport Intermodal Rail Feasibility Study...........        $240,000        $247,500        $262,500
121. Los Angeles, CA Improve transit shelters, sidewalks                $480,000        $495,000        $525,000
 lighting and landscaping around Cedar's-Sinai Medical Center...
122. Baltimore, MD Construct Intercity Bus Intermodal Terminal..      $1,600,000      $1,650,000      $1,750,000
123. Cheltenham, PA Glenside Rail Station Parking Garage project        $320,000        $330,000        $350,000
 involving the construction of a 300-400 space parking lot at
 Easton Road and Glenside Avenue................................
124. Haverhill, MA Design and Construct Intermodal Transit            $1,792,000      $1,848,000      $1,960,000
 Parking Improvements...........................................
125. Palm Beach County, FL Plan and Construct Belle Glade             $1,120,000      $1,155,000      $1,225,000
 Combined Passenger Transit Facility............................
126. Pittsburgh, PA Clean Fuel Bus Procurement..................        $160,000        $165,000        $175,000
127. San Fernando, CA Purchase CNG buses and related equipment          $972,800      $1,003,200      $1,064,000
 and construct facilities.......................................
128. Bayamon, Puerto Rico--bus terminal.........................        $192,000        $198,000        $210,000
129. Bozeman, Montana--Intermodal and Parking Facility..........        $640,000        $660,000        $700,000
130. New Brunswick, NJ Construct parking facility at the Robert         $640,000        $660,000        $700,000
 Wood Johnson University Hospital and UMDNJ-Robert Wood Johnson
 Medical School.................................................
131. Stonington and Mystic, Connecticut--Intermodal Center            $1,100,800      $1,135,200      $1,204,000
 parking facility and Streetscape...............................
132. Carson, CA Purchase one bus................................         $80,000         $82,500         $87,500
133. Miami-Dade County, Florida--Transit Security System........        $800,000        $825,000        $875,000
134. Town of Chapel Hill, NC Park and Ride Lot..................        $480,000        $495,000        $525,000
135. Wheaton, IL Pace Suburban Bus--Purchase buses..............        $320,000        $330,000        $350,000
136. Ocala and Marion County, Florida--replacement buses........        $960,000        $990,000      $1,050,000
137. Philadelphia, PA Improvements to the existing Penn's             $1,280,000      $1,320,000      $1,400,000
 Landing Ferry Terminal.........................................
138. Long Branch, NJ Design and construct facilities for ferry        $1,280,000      $1,320,000      $1,400,000
 service from Long Branch, NJ to New York City and other
 destinations...................................................
139. Quincy, MA MBTA Purchase high speed catamaran ferry for            $640,000        $660,000        $700,000
 Quincy Harbor Express Service..................................
140. Los Angeles, CA Crenshaw Bus Rapid Transit.................      $2,728,960      $2,814,240      $2,984,800
141. South Bend, Indiana--Construct South Bend Bus Operations           $160,000        $165,000        $175,000
 Center.........................................................
142. Arlington County, VA Crystal City--Potomac Yard Busway,            $960,000        $990,000      $1,050,000
 including construction of bus shelters.........................
143. Raleigh, NC Purchase eighteen replacement buses to replace         $640,000        $660,000        $700,000
 buses that have reached their useful life according to Federal
 Transit Administration regulations.............................
144. Augusta, GA Buses and Bus Facilities.......................        $128,000        $132,000        $140,000
145. Santa Ana, CA Improve Santa Ana transit terminal...........        $320,000        $330,000        $350,000
146. Cooperstown, New York--Intermodal Facility Project.........      $1,600,000      $1,650,000      $1,750,000
147. Santa Barbara, CA--Expansion of Regional Intermodal Transit         $96,000         $99,000        $105,000
 Center.........................................................
148. Tampa, FL Purchase buses and construct bus facilities......        $720,000        $742,500        $787,500
149. Hidalgo County, TX Regional Multi-Modal Center.............        $640,000        $660,000        $700,000
150. Phoenix, AZ Construct regional heavy bus maintenance               $320,000        $330,000        $350,000
 facility.......................................................
151. Thurston County, WA Replace Thurston County Buses..........        $288,000        $297,000        $315,000
152. San Juan, Puerto Rico--bus security equipment..............        $960,000        $990,000      $1,050,000
153. Bryan, TX The District--Bryan Intermodel Transit Terminal          $960,000        $990,000      $1,050,000
 and Parking Facility...........................................
154. City of Greenville, NC Expansion Buses and Greenville            $1,140,480      $1,176,120      $1,247,400
 Intermodal Center..............................................
155. City of Livermore, CA Construct Bus Facility for Livermore         $720,000        $742,500        $787,500
 Amador Valley Transit Authority................................
156. Detroit Replacement Buses..................................      $1,600,000      $1,650,000      $1,750,000
157. Bealeton, Virginia--Intermodal Station Depot Refurbishment.         $88,000         $90,750         $96,250
158. Covina, El Monte, Baldwin Park, Upland, CA Parking and             $560,000        $577,500        $612,500
 Electronic Signage Improvements................................
159. Eugene, OR Lane Transit District, Vehicle Replacement......        $640,000        $660,000        $700,000
160. Kearney, Nebraska--RYDE Transit Bus Maintenance and Storage        $640,000        $660,000        $700,000
 Facility.......................................................
161. Revere, MA Intermodal transit improvements in the                  $576,000        $594,000        $630,000
 Wonderland station (MBTA) area.................................
162. Brownsville, TX Brownsville Ruban System City-Wide Transit         $640,000        $660,000        $700,000
 Improvement Project............................................
163. Normal, Illinois--Multimodal Transportation Center.........      $2,240,000      $2,310,000      $2,450,000
164. Puerto Rico--Caribbean National Forest buses and bus               $960,000        $990,000      $1,050,000
 facilities.....................................................
165. Albany, OR Rehabilitate Building At Multimodal Transit             $409,600        $422,400        $448,000
 Station........................................................
166. Bronx, NY Hebrew Home for the Aged elderly and disabled             $48,000         $49,500         $52,500
 transportation support.........................................
167. Denver, CO Denver Union Station Intermodal Center..........      $1,760,000      $1,815,000      $1,925,000
168. Elizabeth, NJ Broad Street Streetscape Improvements and Bus        $224,000        $231,000        $245,000
 Shelters.......................................................
169. Delaware--University of Delaware Fuel Cell Bus Deployment..        $160,000        $165,000        $175,000
170. Lousiana--Construct pedestrian walkways between Caddo St.          $320,000        $330,000        $350,000
 and Milam St. along Edwards St. in Shreveport, LA..............
171. Riverside, California--RTA Advanced Traveler Information           $160,000        $165,000        $175,000
 System.........................................................
172. Santa Monica, CA Purchase and service LNG buses for Santa        $1,200,000      $1,237,500      $1,312,500
 Monica's Big Blue Bus to meet increased ridership needs and
 reduce emissions...............................................
173. Ontario, CA Construct Omnitrans Transcenter................        $320,000        $330,000        $350,000
174. Brockton, MA Bus replacement for the Brockton Area Transit         $480,000        $495,000        $525,000
 Authority......................................................
175. Molalla, OR South Clackamas Transportation District, bus            $32,000         $33,000         $35,000
 purchase.......................................................
176. Boise, ID--Multi-modal facility............................      $1,440,000      $1,485,000      $1,575,000
177. Fond du Lac Reservation, MN Purchase busses................         $48,000         $49,500         $52,500
178. Sandy City, UT Construct transit hub station and TRAX              $640,000        $660,000        $700,000
 station at 9400 South..........................................
179. Albany, OR Construct Pathway From Multimodal Transit               $166,400        $171,600        $182,000
 Station to Swanson Park........................................
180. Tillamook, OR construction of a transit facility...........         $32,000         $33,000         $35,000
181. Trenton, NJ Development of Trenton Trolley System..........        $320,000        $330,000        $350,000
182. Utica, New York--Union Station rehabilitation and related          $160,000        $165,000        $175,000
 infrastructure improvements....................................
183. San Fernando Valley, CA Reseda Blvd. Bus Rapid Transit             $192,000        $198,000        $210,000
 Route..........................................................
184. Richmond, VA Renovation and construction for Main Street           $352,000        $363,000        $385,000
 Station........................................................
185. St. Paul to Hinckley, MN Construct bus amenities along Rush        $480,000        $495,000        $525,000
 Line Corridor..................................................
186. Mattoon, Illinois--historic railroad depot restoration/            $512,000        $528,000        $560,000
 intermodal center..............................................
187. Columbia County, OR To purchase buses......................         $44,800         $46,200         $49,000
188. Westchester County, NY Bee-Line Bus Replacement program....         $80,000         $82,500         $87,500
189. Sacramento, CA Bus enhancement and improvements-construct          $640,000        $660,000        $700,000
 maintenance facility and purchase clean-fuel buses to improve
 transit service................................................
190. Calexico, CA Purchase new buses for the Calexico Transit            $96,000         $99,000        $105,000
 System.........................................................
191. Monterey Park, CA Safety improvements at a bus stop                $512,000        $528,000        $560,000
 including creation of bus loading areas and street improvements
192. Buffalo, NY Intermodal Center Parking Facility.............        $320,000        $330,000        $350,000
193. Mukilteo, WA Multi-Modal Terminal..........................      $1,856,000      $1,914,000      $2,030,000
194. Orange County Transit Authority, California--Security            $1,692,800      $1,745,700      $1,851,500
 surveillance and monitoring equipment..........................
195. Woodland Hills, CA Los Angeles Pierce College Bus Rapid            $320,000        $330,000        $350,000
 Transit Station Extension......................................
196. Design Downtown Carrollton Regional Multi-Modal Transit Hub        $640,000        $660,000        $700,000
 Station........................................................
197. Brooklyn, NY Brooklyn Children's Museum....................        $448,000        $462,000        $490,000
198. Cleveland, Ohio--Euclid Avenue University Hospital               $1,440,000      $1,485,000      $1,575,000
 intermodal facility............................................
199. Las Vegas, NV Construct Central City Intermodal                  $1,920,000      $1,980,000      $2,100,000
 Transportation Terminal........................................
200. Montebello, CA Bus Lines Bus Fleet Replacement Project.....        $224,000        $231,000        $245,000
201. Philadelphia, PA Cruise Terminal Transportation Ctr. Phila.      $1,120,000      $1,155,000      $1,225,000
 Naval Shipyard.................................................
202. Cleveland, OH Construct Fare Collection System Project,            $160,000        $165,000        $175,000
 Cuyahoga County................................................
203. Tempe, Arizona--East Valley Metro Bus Facility.............      $1,600,000      $1,650,000      $1,750,000
204. Boysville of Michigan Transportation System................      $1,075,200      $1,108,800      $1,176,000
205. Woburn, MA Construction of an 89. space park and ride              $576,000        $594,000        $630,000
 facility to be located on Magazine Hill, in the Heart of Woburn
 Square.........................................................
206. Sylvester, GA Intermodal Facility..........................         $64,000         $66,000         $70,000
207. Culver City, CA Purchase compressed natural gas buses and        $1,184,000      $1,221,000      $1,295,000
 expand natural gas fueling facility............................
208. Eastern Upper Peninsula, MI Ferry Dock and Facility                 $80,000         $82,500         $87,500
 upgrades for Drummond Island Ferry Services....................
209. Morristown, New Jersey--Intermodal Historic Station........        $320,000        $330,000        $350,000
210. San Antonio, TX Improve VIA bus facility and purchase new        $2,240,000      $2,310,000      $2,450,000
 buses..........................................................
211. Miami-Dade County, Florida--buses and bus facilities.......      $2,880,000      $2,970,000      $3,150,000
212. Glendale, CA Construction of Downtown Streetcar Project....        $320,000        $330,000        $350,000
213. Gainesville, FL Bus Rapid Transit Study....................        $160,000        $165,000        $175,000
214. Mount Rainier, MD Intermodal and Pedestrian Project........        $144,000        $148,500        $157,500
215. Allentown, Pennsylvania--Da Vinci Center hydrogen fuel-            $512,000        $528,000        $560,000
 celled transit vehicles........................................
216. Wilsonville, OR South Metro Area Rapid Transit, bus and bus         $80,000         $82,500         $87,500
 facilities.....................................................
217. Charlotte, NC Construct Charlotte Multimodal Station.......      $2,496,000      $2,574,000      $2,730,000
218. Enfield, Connecticut--intermodal station...................        $640,000        $660,000        $700,000
219. Chicago, IL Feasibility Study for intermodal station on the         $96,000         $99,000        $105,000
 Metra Rock Island near Kennedy-King College....................
220. Indianapolis, IN IndySMART program to relieve congestion,          $640,000        $660,000        $700,000
 improve safety and air quality.................................
221. Chicago, IL Construct intermodel facility at 35th Street at      $1,600,000      $1,650,000      $1,750,000
 Metra Red Line (Northside).....................................
222. Escondido, CA--Construct Bus Maintenance Facility..........        $160,000        $165,000        $175,000
223. Los Angeles, CA Design and construct improved transit and          $480,000        $495,000        $525,000
 pedestrian linkages between Los Angeles Community College and
 nearby MTA rail stop and bus lines.............................
224. Montgomery County, MD Wheaton CBD Intermodal Access Program        $160,000        $165,000        $175,000
225. Allentown, Pennsylvania--Design and construct Intermodal           $640,000        $660,000        $700,000
 Transportation Center..........................................
226. Champaign, IL--Construct park and ride lot with attached           $480,000        $495,000        $525,000
 daycare facility...............................................
227. Berkeley, CA Construct Ed Roberts Campus Intermodal Transit        $960,000        $990,000      $1,050,000
 Disability Center..............................................
228. Charlotte, North Carolina--Multimodal Station..............      $1,280,000      $1,320,000      $1,400,000
229. Coconino County bus and bus facilities for the Sedona               $24,000         $24,750         $26,250
 Transit System.................................................
230. Construction of Third Bus Depot on Staten Island...........      $3,840,000      $3,960,000      $4,200,000
231. Harrison, Arkansas--Trolley Barn...........................         $12,800         $13,200         $14,000
232. Alexandria, VA Royal Street Bus Garage Replacement.........        $160,000        $165,000        $175,000
233. Intermodal Facilities in Bucks County (Croydon and                 $320,000        $330,000        $350,000
 Levittown Stations)............................................
234. Bronx, NY Jacobi Intermodal Center to North Central Bronx          $160,000        $165,000        $175,000
 Hospital bus system............................................
235. Indianapolis, IN Construct the Ivy Tech State College Multi-     $1,600,000      $1,650,000      $1,750,000
 Modal Facility.................................................
236. Juneau, Alaska--transit bus acquisition and transit center.        $480,000        $495,000        $525,000
237. Knoxville, Tennessee--Central Station Transit Center.......      $3,264,000      $3,366,000      $3,570,000
238. Levy County, Florida--Purchase 2 wheel chair equipped               $96,000         $99,000        $105,000
 passenger buses and related equipment..........................
239. Lafayette, Louisiana--Lafayette Transit System bus                 $288,000        $297,000        $315,000
 replacement program............................................
240. Nebraska--statewide transit vehicles, facilities, and            $1,280,000      $1,320,000      $1,400,000
 related equipment..............................................
241. Cincinnati, Ohio--Costruct Uptown Crossings Joint                  $160,000        $165,000        $175,000
 Development Transit Project....................................
242. Des Moines, IA Purchase 40 foot buses......................        $320,000        $330,000        $350,000
243. New Orleans, LA Regional Planning Commission, bus and bus          $160,000        $165,000        $175,000
 facilities.....................................................
244. Orange County, CA Purchase buses for rapid transit.........        $320,000        $330,000        $350,000
245. Bus to provide Yorktown internal circulator to provide              $59,200         $61,050         $64,750
 transportaion throughout the Town..............................
246. Providence, RI Expansion of Elmwood Paratransit Maintenance      $1,600,000      $1,650,000      $1,750,000
 Facility.......................................................
247. Atlanta, GA Intermodal Passenger Facility Improvements.....        $640,000        $660,000        $700,000
248. Palm Beach, FL Palm Tran AVL-APC system with smart card             $80,000         $82,500         $87,500
 fareboxes......................................................
249. Grand Rapids, MI--Purchase replacement and expansion buses.      $4,688,000      $4,834,500      $5,127,500
250 Maywood, IL Purchase buses..................................         $16,000         $16,500         $17,500
251. Redondo Beach, CA Capital Equipment procurement of 12.             $256,000        $264,000        $280,000
 Compressed Natural Gas (CNG) Transit vehicles for Coastal
 Shuttle Services by Beach Cities Transit.......................
252. Rochester, New York--Renaissance Square transit center.....      $1,440,000      $1,485,000      $1,575,000
253. San Bernardino, CA Implement Santa Fe Depot improvements in        $160,000        $165,000        $175,000
 San Bernardino.................................................
254. San Joaquin, California Regional Rail--Altamont Commuter         $1,280,000      $1,320,000      $1,400,000
 Express Corridor intermodal centers............................
255. Albany, GA Multimodal Facility.............................        $256,000        $264,000        $280,000
256. Savannah, GA Bus and Bus Facilities--Chatham Area Transit..      $1,600,000      $1,650,000      $1,750,000
257. Newburyport, MA Design and Construct Intermodal Facility...        $640,000        $660,000        $700,000
258. Cleveland, Ohio--Euclid Avenue and East 93rd Street              $2,720,000      $2,805,000      $2,975,000
 intermodal facility............................................
259. St. Charles, IL--Intermodal Parking Structures.............      $1,440,000      $1,485,000      $1,575,000
260 Gardena, CA Purchase of alternative fuel buses for service        $1,569,280      $1,618,320      $1,716,400
 expansion, on-board security system and bus facility training
 equipment......................................................
261. Thendra-Webb and Utica, New York--install hadicap lifts in          $32,000         $33,000         $35,000
 intermodal centers.............................................
262. Union City, NJ Construct Union City Intermodal Facility....        $640,000        $660,000        $700,000
263. Wilmar, AR Develop the Southeast Arkansas Intermodal               $640,000        $660,000        $700,000
 Facility.......................................................
264. Westchester County, NY Bus replacement program.............      $1,200,000      $1,237,500      $1,312,500
265. Village of Tinley Park, Illinois, 80th Avenue Commuter Rail        $160,000        $165,000        $175,000
 Station reconstruction and site enhancements...................
266. Martinez, CA Intermodal Facility Restoration...............        $480,000        $495,000        $525,000
267. Middletown, CT Construct intermodal center.................        $480,000        $495,000        $525,000
268. Nashville, TN Construct a parking garage on the campus of          $640,000        $660,000        $700,000
 Lipscomb University, Nashville.................................
269. New London, Connecticut--Intermodal Transportation Center          $640,000        $660,000        $700,000
 and Streetscapes...............................................
270. Vernon, Connecticut--Intermodal Center, Parking and              $2,112,000      $2,178,000      $2,310,000
 Streetscapes...................................................
271. Huntington, NY Replacement of three full sized transit             $192,000        $198,000        $210,000
 buses with hybrid electric buses...............................
272. Bend, Oregon--replacement vans.............................        $320,000        $330,000        $350,000
273. Boston, MA Harbor Park Pavilion & Intermodal Station.......        $288,000        $297,000        $315,000
274. Philadelphia, PA SEPTA's Market St. Elevated Rail project          $448,000        $462,000        $490,000
 in conjunction with Philadelphia Commercial Development
 Corporation for improvements and assistance to entities along
 rail corridor..................................................
275. Jesup, Georgia--Train Depot intermodal center..............        $320,000        $330,000        $350,000
276. Long Beach, CA Museum of Latin American Art, Long Beach, to        $640,000        $660,000        $700,000
 build intermodal park and ride facility........................
277. Shreveport, LA--Intermodal Transit Facility................      $1,072,000      $1,105,500      $1,172,500
278. Arlington County, VA Columbia Pike Bus Improvements........      $1,120,000      $1,155,000      $1,225,000
279. Los Angeles, CA Purchase of clean fuel buses to improve bus        $273,920        $282,480        $299,600
 service in South Los Angeles...................................
280. Lowell, MA Implementation of LRTA bus replacement plan.....        $320,000        $330,000        $350,000
281. Falls Church, VA Falls Church Intermodal Transportation            $640,000        $660,000        $700,000
 Center.........................................................
282. San Diego, CA Completion of San Diego Joint Transportation         $640,000        $660,000        $700,000
 Operations Center (JTOC).......................................
283. St. Bernard Parish, LA Intermodal facility improvements....        $320,000        $330,000        $350,000
284. Town of Warwick, NY. Rt 94. construction of series of               $27,840         $28,710         $30,450
 secondary and interior travel lanes............................
285. Metro Gold Line Foothill Extension Light Rail Transit            $4,800,000      $4,950,000      $5,250,000
 Project from Pasadena, CA to Montclair, CA.....................
286. Richmond, CA BART Parking Structure........................      $1,600,000      $1,650,000      $1,750,000
287. San Francisco, CA Implement ITS on Muni Transit System.....        $960,000        $990,000      $1,050,000
288. Alameda County, CA AC Transit Bus Rapid Transit Corridor           $640,000        $660,000        $700,000
 Project........................................................
289. Town of Warwick, NY Bus Facility Warwick Transit System....        $176,000        $181,500        $192,500
290 Galveston, Texas--Intermodal center and parking facility,         $1,440,000      $1,485,000      $1,575,000
 The Strand.....................................................
291. Joliet, Illinois--Union Station commuter parking facility..        $800,000        $825,000        $875,000
292. Lake County, Ohio--Ohio Department of Transportation                $48,000         $49,500         $52,500
 transit improvements...........................................
293. Muskegon, Michigan--Muskegon Area Transit Terminal and             $640,000        $660,000        $700,000
 related improvements...........................................
294. Orlando, FL Bus Replacement................................      $1,280,000      $1,320,000      $1,400,000
295. Long Beach, CA Purchase one larger (75. passengers) and two        $960,000        $990,000      $1,050,000
 smaller (40 passengers) ferryboats and construct related dock
 work to facilitate the use and accessibility of the ferryboats.
296. Elgin to Rockford, Illinois--Intermodal stations along             $960,000        $990,000      $1,050,000
 planned Metra Union Pacific West Line extension alignment,
 including necessary alternatives analysis......................
297. Pilot Shuttle Train Project from the Ports of Los Angeles        $1,600,000      $1,650,000      $1,750,000
 and Long Beach to the Inland Empire............................
298. Thomasville, GA Bus Replacement............................         $64,000         $66,000         $70,000
299. Corvallis, OR Bus Replacement..............................        $396,800        $409,200        $434,000
300. Geneva, New York--Multimodal facility--construct passenger         $160,000        $165,000        $175,000
 rail center....................................................
301. Barry County, MI--Barry County Transit equipment and                $48,000         $49,500         $52,500
 dispatching software...........................................
302. Greensboro, North Carolina--Piedmont Authority for Regional      $4,006,400      $4,131,600      $4,382,000
 Transportation Multimodal Transportation Center................
303. Howard County, MD Construct Central Maryland Transit             $1,600,000      $1,650,000      $1,750,000
 Operations and Maintenance Facility............................
304. Coconino County buses and bus facilities for Flagstaff, AZ.         $24,000         $24,750         $26,250
305. Fund the 8.28 miles of the El Camino East-West Corridor            $640,000        $660,000        $700,000
 along LA 6 from LA 485 near Robeline, LA to I-49...............
306. Jacksonville, FL Bus Replacement...........................      $2,240,000      $2,310,000      $2,450,000
307. Los Angeles, CA Improve safety, mobility and access between        $160,000        $165,000        $175,000
 LATTC, Metro line and nearby bus stops on Grand Ave between
 Washington and 23rd............................................
308. Miami Dade, FL N.W. 7th Avenue Transit Hub.................        $960,000        $990,000      $1,050,000
309. Elyria, OH Construct the New York Central Train Station            $655,360        $675,840        $716,800
 into an intermodal transportation hub..........................
310. River Parishes, LA South Central Planning and Development          $320,000        $330,000        $350,000
 Commission, bus and bus facilities.............................
311. Mammoth Lakes, California--Regional Transit Maintenance            $160,000        $165,000        $175,000
 Facility.......................................................
312. Roanoke, Virginia--Improve Virginian Railway Station.......         $80,000         $82,500         $87,500
313. Solana Beach, CA--Construct Intermodal Facility............        $480,000        $495,000        $525,000
314. San Diego, CA Widen sidewalks and bus stop entrance, and            $96,000         $99,000        $105,000
 provide diagonal parking, in the Skyline Paradise Hills
 neighborhood (Reo Drive).......................................
315. Temecula, California--Intermodal Transit Facility..........        $160,000        $165,000        $175,000
316. Philadelphia, Pennsylvania--SEPTA Market Street Elevated         $1,280,000      $1,320,000      $1,400,000
 Line parking facility..........................................
317. Jamestown, NY Rehabilitation of Intermodal Facility and            $640,000        $660,000        $700,000
 associated property............................................
318. Akron, Ohio Construct Downtown Multi-modal Transportation        $1,280,000      $1,320,000      $1,400,000
 Center.........................................................
319. Detroit Bus Maintenance Facility...........................      $2,880,000      $2,970,000      $3,150,000
320. Detroit, MI Bus Replacement................................      $2,400,000      $2,475,000      $2,625,000
321. Monterey Park, CA Catch Basins at Transit Stop Installation        $102,400        $105,600        $112,000
322. Oneonta, New York-bus replacement..........................         $48,000         $49,500         $52,500
323. Lincoln County, OR bus purchase............................         $80,000         $82,500         $87,500
324. Elon, North Carolina--Piedmont Authority for Regional              $384,000        $396,000        $420,000
 Transportation buses and bus facilities........................
325. Grants Pass, OR Purchase Vehicles For Use By Josephine              $54,720         $56,430         $59,850
 Community Transit..............................................
326. Los Angeles, CA Install permanent irrigation system and            $960,000        $990,000      $1,050,000
 enhanced landscaping on San Fernando Valley rapid bus
 transitway.....................................................
327. Cleveland, OH Construct East Side Transit Center...........        $960,000        $990,000      $1,050,000
328. New Jersey Transit Community Shuttle Buses.................        $160,000        $165,000        $175,000
329. Quitman, Clay, Randolph, Stewart Co., GA Bus project.......         $80,000         $82,500         $87,500
330. Framingham, MA Local Intra-Framingham Transit System               $576,000        $594,000        $630,000
 enhancements...................................................
331. Gettysburg, Pennsylvania--transit transfer center..........        $287,680        $296,670        $314,650
332. Long Beach, CA Park and Ride facility......................        $320,000        $330,000        $350,000
333. Oak Harbor, WA Multimodal Facility.........................        $320,000        $330,000        $350,000
334. North Bend, Washington--Park and Ride......................        $256,000        $264,000        $280,000
335. High Point, North Carolina--Bus Terminal...................      $1,920,000      $1,980,000      $2,100,000
336. Dallas, TX Bus Passenger Facilities........................      $4,096,000      $4,224,000      $4,480,000
337. Island Transit, WA Operations Base Facilities Project......        $768,000        $792,000        $840,000
338. Bronx, NY Intermodal facility near Exit 6 of the Bronx              $80,000         $82,500         $87,500
 River Parkway..................................................
339. East San Diego County, California--Bus Maintence Facility          $640,000        $660,000        $700,000
 Expansion......................................................
340. New Jersey Intermodal Facilities and Bus Rolling Stock.....        $960,000        $990,000      $1,050,000
341. San Gabriel Valley, CA--Park and Rides.....................      $3,040,000      $3,135,000      $3,325,000
342. St. Paul, MN Union Depot Multi Modal Transit Facility......        $640,000        $660,000        $700,000
343. Brooklyn, NY Kings County Hospital Center..................        $320,000        $330,000        $350,000
344. Gainesville, FL Bus Facility Expansion.....................      $1,280,000      $1,320,000      $1,400,000
345. Kansas City, MO Bus Transit Infrastructure.................        $320,000        $330,000        $350,000
346. Phoenix, AZ Construct metro bus facility in Phoenix's West       $1,600,000      $1,650,000      $1,750,000
 Valley.........................................................
347. Eastlake, Ohio--Eastlake Stadium transit intermodal              $1,360,000      $1,402,500      $1,487,500
 facility.......................................................
348. Savannah, Georgia--Water Ferry Riverwalk intermodal                $640,000        $660,000        $700,000
 facilities.....................................................
349. Kent, OH Construct Kent State University Intermodal                $320,000        $330,000        $350,000
 Facility serving students and the general public...............
350. Milwaukee, WI Rehabilitate Intermodal transportation             $1,440,000      $1,485,000      $1,575,000
 facility at downtown Milwaukee's Amtrak Station, increase
 parking for bus passengers.....................................
351. Eastland, North Carolina--Community Transit Center.........        $640,000        $660,000        $700,000
352. Oakland, CA Construct streetscape & intermodal improvements        $320,000        $330,000        $350,000
 at BART Station Transit Villages...............................
353. Suffolk County, NY Purchase four handicapped accessible             $89,600         $92,400         $98,000
 vans to transport veterans to and from the VA facility in
 Northport......................................................
354. Norfolk, Virginia--Final Design and Construction Southside         $560,000        $577,500        $612,500
 Bus Facility...................................................
355. Albany, GA Bus replacement.................................         $96,000         $99,000        $105,000
356. Lafayette Multimodal center, Final Phase...................        $960,000        $990,000      $1,050,000
357. Athens, GA Buses and Bus Facilities........................        $454,400        $468,600        $497,000
358. Cicero, Chicago Establish Transit Signal Priority, Cicero          $320,000        $330,000        $350,000
 Ave., Pace Suburban Bus........................................
359. Arlington County, VA Pentagon City Multimodal Improvements.        $640,000        $660,000        $700,000
360. Richmond, VA Design and construction for a bus operations          $480,000        $495,000        $525,000
 and maintenance facility for Greater Richmond Transit Company..
361. Roanoke, Virginia--Roanoke Railway and Link Passenger              $160,000        $165,000        $175,000
 facility.......................................................
362. Akron, OH Construct City of Akron Commuter Bus Transit             $480,000        $495,000        $525,000
 Facility.......................................................
363. Corning, New York--Transportation Center...................      $1,280,000      $1,320,000      $1,400,000
364. Santa Monica, CA Construct intermodal park-and-ride                $320,000        $330,000        $350,000
 facility at Santa Monica College campus on South Bundy Drive
 near Airport Avenue............................................
365. Pace Suburban Bus, IL South Suburban BRT Mobility Network..        $160,000        $165,000        $175,000
366. Orange County, CA Transportation Projects to Encourage Use         $320,000        $330,000        $350,000
 of Transit to Reduce Congestion................................
367. Palm Beach, FL 20 New Buses for Palm Tran..................        $480,000        $495,000        $525,000
368. Nassau County, NY Conduct planning and engineering for           $2,240,000      $2,310,000      $2,450,000
 transportation system (HUB)....................................
369. Norwalk, Connecticut--Pulse Point Joint Development                $160,000        $165,000        $175,000
 intermodal facility............................................
370. Salem, MA Design and Construct Salem Intermodal                    $640,000        $660,000        $700,000
 Transportation Center..........................................
371. Las Vegas, NV Construct Las Vegas WestCare Intermodal               $80,000         $82,500         $87,500
 Facility.......................................................
372. Richmond, KY Purchase buses, bus equipment, and facilities.        $230,400        $237,600        $252,000
373. Niagara Frontier Transportation Authority, NY Replacement          $320,000        $330,000        $350,000
 Buses..........................................................
374. Metro-Atlanta, GA MARTA Automated Smart-Card Fare                  $320,000        $330,000        $350,000
 Collection system..............................................
375. Monterey, CA Purchase bus equipment........................        $320,000        $330,000        $350,000
376. New York City, NY Purchase Handicapped-Accessible Livery           $320,000        $330,000        $350,000
 Vehicles.......................................................
377. San Francisco, CA Construct San Francisco Muni Islais Creek      $1,920,000      $1,980,000      $2,100,000
 Maintenance Facility...........................................
378. Indianapolis, IN Relocate and improve intermodal                 $4,480,000      $4,620,000      $4,900,000
 transportation for pedestrian and freight access to Children's
 Museum of Indianapolis.........................................
379. Ramapo, NY Transportation Safety Field Command Center               $80,000         $82,500         $87,500
 (TSFCC)........................................................
380. Expand Diesel Emission Reduction Program of Gateway Cities         $992,000      $1,023,000      $1,085,000
 COG............................................................
381. San Francisco, CA Redesign and renovate intermodal facility      $1,056,000      $1,089,000      $1,155,000
 at Glen Park Community.........................................
382. San Luis Rey, California--Transit Center Project...........        $160,000        $165,000        $175,000
383. South San Francisco,CA Construction of Ferry Terminal at         $1,600,000      $1,650,000      $1,750,000
 Oyster Point in South San Francisco to the San Francisco Bay
 Area Water Transit Authority...................................
384. Atlanta, GA MARTA Clean Fuel Bus Acquisition...............      $1,920,000      $1,980,000      $2,100,000
385. Construct a 400 space parking structure at the northwest           $320,000        $330,000        $350,000
 corner of Main and Cherry Streets..............................
386. Suffolk County, NY Design and construction of intermodal         $1,280,000      $1,320,000      $1,400,000
 transit facility in Wyandanch..................................
387. Fresno, CA--Develop program of low-emission transit                $320,000        $330,000        $350,000
 vehicles.......................................................
388. Sylmar, CA Los Angeles Mission College Transit Center               $80,000         $82,500         $87,500
 construction...................................................
389. Lakewood, NJ--Ocean County Bus service and parking                 $800,000        $825,000        $875,000
 facilities.....................................................
390. St. Lucie County, FL Purchase Buses........................        $320,000        $330,000        $350,000
391. Hampton Roads, VA Final design and construction for a              $640,000        $660,000        $700,000
 Hampton Roads Transit Southside Bus Facility...................
392. Oakland, CA Construct Bay Trail between Coliseum BART              $288,000        $297,000        $315,000
 station and Martin Luther King, Jr. Regional Shoreline.........
393. South Amboy, NJ Construction of improvements to facilities       $2,560,000      $2,640,000      $2,800,000
 at South Amboy Station under S Amboy, NJ Regional Intermodal
 Initiative.....................................................
394. Hartford, CT Buses and bus-related facilities..............      $1,280,000      $1,320,000      $1,400,000
395. Ilwaco, WA Construct park and ride.........................         $32,000         $33,000         $35,000
396. Burbank, CA Construction of Empire Area Transit Center near         $80,000         $82,500         $87,500
 Burbank Airport................................................
397. Pottsville, PA Union Street Trade and Transfer Center              $640,000        $660,000        $700,000
 Intermodal Facility............................................
398. Amador County, California--Regional Transit Center.........        $320,000        $330,000        $350,000
399. Pasadena, CA ITS Improvements..............................        $320,000        $330,000        $350,000
400. South FL Region, FL Regional Universal Automated Fare              $640,000        $660,000        $700,000
 Collection System (UAFC) (for bus system)......................
401. South Pasadena, CA Silent Night Grade Crossing Project.....        $288,000        $297,000        $315,000
402. Tampa, FL Establish Transit Emphasis Corridor and                  $240,000        $247,500        $262,500
 Improvements...................................................
403. San Francisco, CA Implement Transbay Terminal-Caltrain           $4,480,000      $4,620,000      $4,900,000
 Downtown Extension Project.....................................
404. Rock Island, IL Improve Rock Island Mass Transit District          $160,000        $165,000        $175,000
 Bus Facility...................................................
405. Las Vegas, NV Construct Boulder Highway BRT system and             $640,000        $660,000        $700,000
 purchase vehicles and related equipment........................
406. Moultrie, GA Intermodal facility...........................         $96,000         $99,000        $105,000
407. Carson, CA Purchase one trolley-bus vehicle................         $80,000         $82,500         $87,500
408. Brooklyn, NY SUNY Downstate Medical Center.................        $320,000        $330,000        $350,000
409. Alexandria, VA Eisenhower Avenue Intermodal Station                $800,000        $825,000        $875,000
 Improvements, including purchase of buses and construction of
 bus shelters...................................................
410. Long Beach, CA Purchase ten clean fuel buses...............        $960,000        $990,000      $1,050,000
411. Cleveland, OH Construction of an intermodal facility and           $320,000        $330,000        $350,000
 related improvements at University Hospitals facility on Euclid
 Avenue.........................................................
412. Nashville, TN Construct Downtown Nashville Transit Transfer        $480,000        $495,000        $525,000
 Facility.......................................................
413. Philadelphia, PA Penn's Landing water shuttle parking lot          $352,000        $363,000        $385,000
 expansion and water shuttle ramp infrastructure construction...
414. Hercules, CA Intermodal Rail Station Improvements..........        $480,000        $495,000        $525,000
----------------------------------------------------------------------------------------------------------------

SEC. 3039. NATIONAL FUEL CELL BUS TECHNOLOGY DEVELOPMENT PROGRAM.

  (a) Establishment.--The Secretary shall establish a national fuel 
cell bus technology development program (in this section referred to as 
the ``program'') to facilitate the development of commercially viable 
fuel cell bus technology and related infrastructure.
  (b) General Authority.--The Secretary may enter into grants, 
contracts, and cooperative agreements with no more than 3 
geographically diverse nonprofit organizations and recipients under 
chapter 53 of title 49, United States Code, to conduct fuel cell bus 
technology and infrastructure projects under the program.
  (c) Grant Criteria.--In selecting applicants for grants under the 
program, the Secretary shall consider the applicant's--
          (1) ability to contribute significantly to furthering fuel 
        cell technology as it relates to transit bus operations, 
        including hydrogen production, energy storage, fuel cell 
        technologies, vehicle systems integration, and power 
        electronics technologies;
          (2) financing plan and cost share potential;
          (3) fuel cell technology to ensure that the program advances 
        different fuel cell technologies, including hydrogen-fueled and 
        methanol-powered liquid-fueled fuel cell technologies, that may 
        be viable for public transportation systems; and
          (4) other criteria that the Secretary determines are 
        necessary to carry out the program.
  (d) Competitive Grant Selection.--The Secretary shall conduct a 
national solicitation for applications for grants under the program. 
Grant recipients shall be selected on a competitive basis. The 
Secretary shall give priority consideration to applicants that have 
successfully managed advanced transportation technology projects, 
including projects related to hydrogen and fuel cell public 
transportation operations for a period of not less than 10 years.
  (e) Federal Share.--The Federal share of costs of the program shall 
be provided from funds made available to carry out this section. The 
Federal share of the cost of a project carried out under the program 
shall not exceed 50 percent of such cost.
  (f) Grant Requirements.--A grant under this section shall be subject 
to--
          (1) all terms and conditions applicable to a grant made under 
        section 5309 of title 49, United States Code; and
          (2) such other terms and conditions as are determined by the 
        Secretary.

SEC. 3040. HIGH-INTENSITY SMALL-URBANIZED AREA FORMULA GRANT PROGRAM.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Eligible area.--The term ``eligible area'' means an 
        urbanized area with a population of less than 200,000 that 
        meets or exceeds in one or more performance categories the 
        industry average for all urbanized areas with a population of 
        at least 200,000 but not more than 999,999, as determined by 
        the Secretary in accordance with subsection (c)(2).
          (2) Performance category.--The term ``performance category'' 
        means each of the following:
                  (A) Passenger miles traveled per vehicle revenue 
                mile.
                  (B) Passenger miles traveled per vehicle revenue 
                hour.
                  (C) Vehicle revenue miles per capita.
                  (D) Vehicle revenue hours per capita.
                  (E) Passenger miles traveled per capita.
                  (F) Passengers per capita.
  (b) General Authority.--In order to address the needs of small 
urbanized areas with unusually high levels of public transportation 
service, the Secretary shall make capital and operating grants under 
this section to eligible recipients described in subsection (d) for use 
in eligible areas.
  (c) Apportionment.--
          (1) Apportionment formula.--Funds made available for grants 
        under this section in a fiscal year shall be apportioned among 
        eligible areas in the ratio that--
                  (A) the number of performance categories for which 
                each eligible area meets or exceeds the industry 
                average in urbanized areas with a population of at 
                least 200,000 but not more than 999,999; bears to
                  (B) the aggregate number of performance categories 
                for which all eligible areas meet or exceed the 
                industry average in urbanized areas with a population 
                of at least 200,000 but not more than 999,999.
          (2) Data used in formula.--The Secretary shall calculate 
        apportionments under this subsection for a fiscal year using 
        data from the national transit database used to calculate 
        apportionments for that fiscal year under section 5336 of title 
        49, United States Code.
  (d) Eligible Recipient.--Grant amounts apportioned to an eligible 
area under this section shall be made available to a public 
transportation agency or other governmental entity in the eligible area 
for obligation in the eligible area.
  (e) Government's Share of Costs.--
          (1) Capital grants.--A grant for a capital project under this 
        section (including associated capital maintenance items) shall 
        be for 80 percent of the net capital costs of the project, as 
        determined by the Secretary. The recipient may provide 
        additional local matching amounts for such projects.
          (2) Operating grants.--A grant under this section for 
        operating assistance may not exceed 50 percent of the net 
        operating costs of the project, as determined by the Secretary.
          (3) Remainder.--The remainder of the net project costs may be 
        provided from an undistributed cash surplus, a replacement or 
        depreciation cash fund or reserve, or new capital.
  (f) Period of Availability.--Funds apportioned under this section to 
an eligible area shall remain available for obligation in that eligible 
area for a period of 3 years after the last day of the fiscal year for 
which the funds are apportioned. Any amounts so apportioned that remain 
unobligated at the end of that period shall be added to the amount that 
may be apportioned under this section in the next fiscal year.
  (g) Application of Other Sections.--Sections 5302, 5318, 5323, 5332, 
5333, and 5336(e) of title 49, United States Code, apply to this 
section and to a grant made under this section.
  (h) Funding.--Of the amounts made available to carry out section 5307 
of title 49, United States Code, $38,000,000 for fiscal year 2005, 
$41,000,000 for fiscal year 2006, $44,000,000 for fiscal year 2007, 
$47,000,000 for fiscal year 2008, and $50,000,000 for fiscal year 2009 
shall be available to carry out this section.
  (i) Technical Amendments.--Section 5336 is amended--
          (1) in subsection (a)--
                  (A) by striking ``of this title'' and inserting ``to 
                carry out section 5307''; and
                  (B) in paragraph (2) by inserting before the period 
                at the end the following: ``, except that the amount 
                apportioned to the Anchorage urbanized area under 
                subsection (b) shall be available to the Alaska 
                Railroad for any costs related to its passenger 
                operations'';
          (2) in subsection (b)(1) by inserting ``and the Alaska 
        Railroad passenger operations'' after ``recipient'';
          (3) in subsection (j) by striking ``a grant made under'' each 
        place it appears and inserting ``a grant made with funds 
        apportioned under''; and
          (4) in subsection (k)(1) by striking ``section 5302(a)(13) of 
        this title'' and inserting ``section 5302(a)''.

SEC. 3041. ALLOCATIONS FOR NATIONAL RESEARCH AND TECHNOLOGY PROGRAMS.

  (a) In General.--Amounts appropriated pursuant to section 5338(d) of 
title 49, United States Code, for national research and technology 
programs under sections 5312, 5314, and 5322 of such title shall be 
allocated by the Secretary as follows:
          (1) Safety and emergency preparedness.--
                  (A) In general.--For carrying out safety and 
                emergency preparedness research activities consisting 
                of technical assistance, training, and data analysis 
                and reporting to improve public transportation system 
                safety and security and emergency preparedness--
                          (i) $7,000,000 for fiscal year 2005;
                          (ii) $7,400,000 for fiscal year 2006;
                          (iii) $7,800,000 for fiscal year 2007;
                          (iv) $8,200,000 for fiscal year 2008; and
                          (v) $8,700,000 for fiscal year 2009.
                  (B) Public transportation national security study.--
                          (i) In general.--Not later than 6 months 
                        after the date of enactment of this Act, the 
                        Secretary shall enter into an agreement with 
                        the National Academy of Sciences to conduct a 
                        study and evaluation of the value major public 
                        transportation systems in the United States 
                        serving the 38 urbanized areas that have a 
                        population of more than 1,000,000 individuals 
                        provide to the Nation's security and the 
                        ability of such systems to accommodate the 
                        evacuation, egress or ingress of people to or 
                        from critical locations in times of emergency.
                          (ii) Alternative routes.--For each system 
                        described in clause (i) the study shall 
                        identify--
                                  (I) potential alternative routes for 
                                evacuation using other transportation 
                                modes such as highway, air, marine, and 
                                pedestrian activities; and
                                  (II) transit routes that, if 
                                disrupted, do not have sufficient 
                                transit alternatives available.
                          (iii) Report.--Not later than 24 months after 
                        the date of entry into the agreement, the 
                        Academy shall submit to the Secretary and the 
                        Committee on Transportation and Infrastructure 
                        of the House of Representatives and the 
                        Committee on Banking, Housing and Urban Affairs 
                        of the Senate a final report on the results of 
                        the study and evaluation, together with such 
                        recommendations as the Academy considers 
                        appropriate.
                          (iv) Funding.--Of the amounts made available 
                        under section 5338(d) of title 49, United 
                        States Code, $250,000 shall be available for 
                        each of fiscal years 2005 and 2006 to carry out 
                        this subparagraph.
          (2) Equipment and infrastructure.--For carrying out equipment 
        and infrastructure research activities on public transportation 
        and infrastructure technologies and methods and voluntary 
        industry standards development--
                  (A) $5,700,000 for fiscal year 2005;
                  (B) $6,200,000 for fiscal year 2006;
                  (C) $6,550,000 for fiscal year 2007;
                  (D) $6,900,000 for fiscal year 2008; and
                  (E) $7,200,000 for fiscal year 2009.
          (3) Public transportation operations efficiency.--For 
        carrying out public transportation operations efficiency 
        research activities on high-performance public transportation 
        services and other innovations in fleet operations and 
        maintenance--
                  (A) $4,700,000 for fiscal year 2005;
                  (B) $4,900,000 for fiscal year 2006;
                  (C) $5,200,000 for fiscal year 2007;
                  (D) $5,500,000 for fiscal year 2008; and
                  (E) $5,800,000 for fiscal year 2009.
          (4) Energy independence and environmental protection.--
                  (A) In general.--For carrying out energy independence 
                and environmental protection research activities on 
                improved public transportation energy use and 
                propulsion systems and public transportation oriented 
                development--
                          (i) $3,700,000 for fiscal year 2005;
                          (ii) $3,900,000 for fiscal year 2006;
                          (iii) $4,150,000 for fiscal year 2007;
                          (iv) $4,300,000 for fiscal year 2008; and
                          (v) $4,300,000 for fiscal year 2009.
                  (B) Transit-oriented development center.--Of the 
                funds allocated for each of fiscal years 2005 through 
                2009 under subparagraph (A), not less than $1,000,000 
                shall be made available by the Secretary for 
                establishment and operation of a national center for 
                transit-oriented development--
                          (i) to develop standards and definitions for 
                        transit-oriented development adjacent to public 
                        transportation facilities;
                          (ii) to develop system planning guidance, 
                        performance criteria, and modeling techniques 
                        for metropolitan planning agencies and public 
                        transportation agencies to maximize ridership 
                        through land use planning and adjacent 
                        development; and
                          (iii) to provide research support and 
                        technical assistance to public transportation 
                        agencies, metropolitan planning agencies, and 
                        other persons regarding transit-oriented 
                        development.
          (5) Mobility management.--
                  (A) In general.--For carrying out research activities 
                on mobility management, as described in section 
                5302(a)(1) of title 49, United States Code--
                          (i) $7,000,000 for fiscal year 2005;
                          (ii) $7,400,000 for fiscal year 2006;
                          (iii) $7,800,000 for fiscal year 2007;
                          (iv) $8,200,000 for fiscal year 2008; and
                          (v) $8,700,000 for fiscal year 2009.
                  (B) Transportation equity research program.--Of the 
                funds allocated for each of fiscal years 2005 through 
                2009 under subparagraph (A), not less than $1,000,000 
                shall be made available by the Secretary for research 
                and demonstration activities that focus on the impacts 
                that transportation planning, investment, and 
                operations have on low-income and minority populations 
                that are transit dependent. Such activities shall 
                include the development of strategies to advance 
                economic and community development in low-income and 
                minority communities and the development of training 
                programs that promote the employment of low-income and 
                minority community residents on Federal-aid 
                transportation projects constructed in their 
                communities.
                  (C) Cognitive impairment study.--Of the funds 
                allocated for fiscal year 2005 under subparagraph (A), 
                $1,000,000 shall be made available by the Secretary for 
                research and demonstration activities that focus on the 
                capacity and resources of Oregon public transportation 
                systems to address the needs, barriers, and desires for 
                travel of people with cognitive impairments.
          (6) Public transportation capacity building.--
                  (A) In general.--For carrying out public 
                transportation capacity building activities consisting 
                of workforce and industry development, the 
                International Mass Transportation Program, and 
                technology transfer and industry adoption activities--
                          (i) $2,400,000 for fiscal year 2005;
                          (ii) $2,500,000 for fiscal year 2006;
                          (iii) $2,600,000 for fiscal year 2007;
                          (iv) $2,700,000 for fiscal year 2008; and
                          (v) $3,000,000 for fiscal year 2009.
                  (B) Transit career ladder training program.--Of the 
                funds allocated for each fiscal year under subparagraph 
                (A), not less than $1,000,000 shall be available for a 
                nationwide career ladder job training partnership 
                program for public transportation employees to respond 
                to technological changes in the public transportation 
                industry, especially in the area of maintenance. Such 
                program shall be carried out by the Secretary through a 
                contract with a national nonprofit organization with a 
                demonstrated capacity to develop and provide such 
                programs.
          (7) Strategic planning and performance measures.--For 
        carrying out strategic planning and performance measures 
        consisting of policy and program development, research program 
        planning and performance, evaluation, and industry outreach--
                  (A) $3,500,000 for fiscal year 2005;
                  (B) $3,700,000 for fiscal year 2006;
                  (C) $4,000,000 for fiscal year 2007;
                  (D) $4,200,000 for fiscal year 2008; and
                  (E) $4,300,000 for fiscal year 2009.
  (b) Remainder.--After making allocations under subsection (a) of this 
section and section 5338(d)(2) of title 49, United States Code, the 
remainder of funds made available by section 5338(d)(2) of such title 
for national research and technology programs under sections 5312, 
5314, and 5322 for a fiscal year shall be allocated at the discretion 
of the Secretary to other transit research, development, demonstration 
and deployment projects authorized by sections 5312, 5314, and 5322 of 
such title.

SEC. 3042. RELATIONSHIP TO OTHER LAWS.

  Section 5323(l) is amended to read as follows:
  ``(l) Relationship to Other Laws.--Section 1001 of title 18 applies 
to a certificate, submission, or statement provided under this chapter. 
The Secretary may terminate financial assistance under this chapter and 
seek reimbursement directly, or by offsetting amounts, available under 
this chapter, when a false or fraudulent statement or related act 
within the meaning of such section 1001 is made in connection with a 
Federal transit program.''.

SEC. 3043. COOPERATIVE PROCUREMENT.

  (a) Review of Cooperative Procurement; Authority to Increase Federal 
Share.--
          (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall undertake a 30-day 
        review of efforts to use cooperative procurement to determine 
        whether benefits are sufficient to formally incorporate 
        cooperative procurement into the mass transit program. In 
        particular the Secretary shall review the progress made under 
        the pilot program authorized under section 166 of division F of 
        the Consolidated Appropriations Act, 2004 (49 U.S.C. 5397 note; 
        118 Stat. 309), based on experience to date in the pilot 
        program and any available reports to Congress submitted under 
        such section 166. The Secretary shall also consider information 
        gathered from grantees about cooperative procurement, whether 
        or not related to the pilot program.
          (2) Notification of congress.--The Secretary shall notify the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate of the results of the review 
        required under paragraph (1), including a finding of sufficient 
        benefit or insufficient benefit and the reasons for that 
        finding.

SEC. 3044. OBLIGATION CEILING.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by, and amounts appropriated under, 
subsections (a) through (f) of section 5338 of title 49, United States 
Code, shall not exceed--
          (1) $7,266,000,000 for fiscal year 2004;
          (2) $7,646,300,000 for fiscal year 2005;
          (3) $8,482,000,000 for fiscal year 2006;
          (4) $9,042,000,000 for fiscal year 2007;
          (5) $9,639,000,000 for fiscal year 2008; and
          (6) $10,277,000,000 for fiscal year 2009.

SEC. 3045. ADJUSTMENTS FOR THE SURFACE TRANSPORTATION EXTENSION ACT OF 
                    2004, PART V.

  (a) In General.--Notwithstanding any other provision of law, the 
Secretary shall ensure that the total apportionments and allocations 
made to a designated grant recipient under section 5338 of title 49, 
United States Code, for fiscal year 2005 shall be reduced by the amount 
apportioned to such designated recipient pursuant to section 8 of the 
Surface Transportation Extension Act of 2004, Part V.
  (b) Fixed Guideway Modernization Adjustment.--In making the 
apportionments described in subsection (a), the Secretary shall adjust 
the amount apportioned to each urbanized area for fixed guideway 
modernization for fiscal year 2005 to reflect the method for 
apportioning funds in section 5337(a) of title 49, United States Code.

SEC. 3046. SPECIAL RULE FOR FISCAL YEAR 2004.

  In any case in which an amount is authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation for fiscal year 2004 for a program, project, or 
activity in any provision of this title, including an amendment made by 
this title, that is different than the amount authorized to be 
appropriated, made available, allocated, set aside, taken down, or 
subject to an obligation limitation for fiscal year 2004 for such 
program, project, or activity in any provision of the Surface 
Transportation Extension Act of 2004, Part IV (Public Law 108-280), 
including any amendment made by such Act, the amount referred to in 
such Act shall be the amount authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation.

           TITLE IV--MOTOR CARRIER TRANSPORTATION AND SAFETY

              Subtitle A--Commercial Motor Vehicle Safety

SEC. 4101. AUTHORIZATION OF APPROPRIATIONS.

  (a) Administrative Expenses.--Section 31104 of title 49, United 
States Code, is amended by adding the following at the end:
  ``(i) Administrative Expenses.--
          ``(1) Authorization of appropriations.--There are authorized 
        to be appropriated from the Highway Trust Fund (other than the 
        Mass Transit Account) for the Secretary of Transportation to 
        pay administrative expenses of the Federal Motor Carrier Safety 
        Administration--
                  ``(A) $173,450,000 for fiscal year 2004;
                  ``(B) $254,849,000 for fiscal year 2005;
                  ``(C) $215,000,000 for fiscal year 2006;
                  ``(D) $230,000,000 for fiscal year 2007;
                  ``(E) $234,000,000 for fiscal year 2008; and
                  ``(F) $240,000,000 for fiscal year 2009.
          ``(2) Use of funds.--The funds authorized by this subsection 
        shall be used for personnel costs; administrative 
        infrastructure; rent; information technology; programs for 
        research and technology, information management, regulatory 
        development (including a medical review board), the 
        administration of the performance and registration information 
        system management, and outreach and education; other operating 
        expenses; and such other expenses as may from time to time 
        become necessary to implement statutory mandates of the 
        Administration not funded from other sources.
          ``(3) Period of availability.--The amounts made available 
        under this section shall remain available until expended.
          ``(4) Initial date of availability.--Authorizations from the 
        Highway Trust Fund (other than the Mass Transit Account) to 
        carry out subtitle IV, part B, and subtitle VI, part B, of this 
        title, or the provisions of title IV of the Transportation 
        Equity Act: A Legacy for Users, shall be available for 
        obligation on the date of their apportionment or allocation or 
        on October 1 of the fiscal year for which they are authorized, 
        whichever occurs first.
          ``(5) Contract authority.--Approval by the Secretary of a 
        grant with funds made available under paragraph (4) imposes 
        upon the United States a contractual obligation for payment of 
        the Government's share of costs incurred in carrying out the 
        objectives of the grant.''.
  (b) Grant Programs.--There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) the following 
sums for the following Federal Motor Carrier Safety Administration 
programs:
          (1) For commercial driver's license program improvement 
        grants under section 31313 of title 49, United States Code 
        $26,000,000 for each of fiscal years 2006 through 2009.
          (2) For border enforcement grants under section 31107 of such 
        title--
                  (A) $32,000,000 for fiscal year 2006;
                  (B) $32,000,000 for fiscal year 2007;
                  (C) $32,000,000 for fiscal year 2008; and
                  (D) $32,000,000 for fiscal year 2009.
          (3) For the performance and registration information system 
        management grant program under section 31109 of such title--
                  (A) $5,000,000 for fiscal year 2006;
                  (B) $5,000,000 for fiscal year 2007;
                  (C) $6,000,000 for fiscal year 2008; and
                  (D) $6,000,000 for fiscal year 2009.
          (4) Commercial vehicle information systems and networks 
        deployment.--For carrying out the commercial vehicle 
        information systems and networks deployment program under 
        section 4009 of this Act, $25,000,000 for each of fiscal years 
        2006 through 2009.
  (c) Period of Availability.--The amounts made available under 
subsection (b) of this section shall remain available until expended.
  (d) Initial Date of Availability.--Amounts authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) by subsection (b) shall be available for obligation on the 
date of their apportionment or allocation or on October 1 of the fiscal 
year for which they are authorized, whichever occurs first.
  (e) Contract Authority.--Approval by the Secretary of a grant with 
funds made available under subsection (b) imposes upon the United 
States a contractual obligation for payment of the Government's share 
of costs incurred in carrying out the objectives of the grant.

SEC. 4102. MOTOR CARRIER SAFETY GRANTS.

  (a) State Plan Contents.--Section 31102(b)(1) of title 49, United 
States Code, is amended--
          (1) by striking subparagraph (A) and inserting the following:
          ``(A) implements performance-based activities, including 
        deployment of technology to enhance the efficiency and 
        effectiveness of commercial motor vehicle safety programs;'';
          (2) by striking subparagraph (Q) and inserting the following:
          ``(Q) provides that the State has established a program to 
        ensure accurate, complete, and timely motor carrier safety data 
        is collected and reported to the Secretary and that the State 
        will participate in a national motor carrier safety data 
        correction system prescribed by the Secretary;'';
          (3) by aligning subparagraph (R) with subparagraph (S);
          (4) by striking ``and'' at the end of subparagraph (S);
          (5) by striking the period at the end of subparagraph (T) and 
        inserting a semicolon; and
          (6) by adding at the end the following:
          ``(U) provides that the State will include in the training 
        manual for the licensing examination to drive a noncommercial 
        motor vehicle and a commercial motor vehicle, information on 
        best practices for driving safely in the vicinity of commercial 
        motor vehicles and in the vicinity of noncommercial motor 
        vehicles, respectively;
          ``(V) provides that the State will enforce the registration 
        requirements of section 13902 by prohibiting the operation of 
        any vehicle discovered to be operated by a motor carrier 
        without a registration issued under such section or to be 
        operating beyond the scope of such registration; and
          ``(W) provides that the State will conduct comprehensive and 
        highly visible traffic enforcement and commercial motor vehicle 
        safety inspection programs in high-risk locations and 
        corridors.''.
  (b) Use of Grants To Enforce Other Laws.--Section 31102 of such title 
is amended--
          (1) by striking subsection (c) and inserting the following:
  ``(c) Use of Grants To Enforce Other Laws.--A State may use amounts 
received under a grant under subsection (a)--
          ``(1) for the following activities if the activities are 
        carried out in conjunction with an appropriate inspection of 
        the commercial motor vehicle to enforce Government or State 
        commercial motor vehicle safety regulations:
                  ``(A) enforcement of commercial motor vehicle size 
                and weight limitations at locations other than fixed 
                weight facilities, at specific locations such as steep 
                grades or mountainous terrains where the weight of a 
                commercial motor vehicle can significantly affect the 
                safe operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave the 
                United States; and
                  ``(B) detection of the unlawful presence of a 
                controlled substance (as defined under section 102 of 
                the Comprehensive Drug Abuse Prevention and Control Act 
                of 1970 (21 U.S.C. 802)) in a commercial motor vehicle 
                or on the person of any occupant (including the 
                operator) of the vehicle; and
          ``(2) for documented enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles, including documented enforcement of 
        such laws and regulations relating to noncommercial motor 
        vehicles when necessary to promote the safe operation of 
        commercial motor vehicles if the number of roadside safety 
        inspections conducted in the State is maintained at a level at 
        least equal to the average number conducted in the State in 
        fiscal years 2001, 2002, and 2003; except that the State may 
        not use more than 5 percent of the aggregate amount the State 
        receives under the grant under subsection (a) for enforcement 
        activities relating to noncommercial motor vehicles described 
        in this paragraph.''; and
          (2) by adding at the end the following:
  ``(e) Annual Report.--The Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science and Transportation of the Senate an 
annual report that describes the effect of activities carried out with 
funds from grants made under this section on commercial motor vehicle 
safety.''.
  (c) Authorization of Appropriations.--Section 31104(a) of such title 
is amended to read as follows:
  ``(a) In General.--Subject to subsection (f), there are authorized to 
be appropriated from the Highway Trust Fund (other than the Mass 
Transit Account) to carry out section 31102--
          ``(1) $188,852,000 for fiscal year 2004;
          ``(2) $188,480,000 for fiscal year 2005;
          ``(3) $188,000,000 for fiscal year 2006;
          ``(4) $197,000,000 for fiscal year 2007;
          ``(5) $202,000,000 for fiscal year 2008; and
          ``(6) $209,000,000 for fiscal year 2009.''.
  (d) New Entrant Audits.--Section 31104(f) of such title is amended--
          (1) in paragraph (1) by striking ``deduction under subsection 
        (e)'' and inserting ``deductions under subsection (e) and 
        paragraphs (2) and (3)'';
          (2) the first sentence of paragraph (2)(A)--
                  (A) by striking ``or''; and
                  (B) by inserting after ``technologies'' the 
                following: ``, or improve the quality and accuracy of 
                data provided by the State'';
          (3) in paragraph (2)--
                  (A) by striking ``and border activities.--'' and all 
                that follows through ``5 percent'' and inserting 
                ``activities.--The Secretary may designate up to 10 
                percent''; and
                  (B) by striking subparagraph (B); and
          (4) by adding at the end the following:
          ``(3) New entrant audits.--The Secretary may deduct up to 
        $15,000,000 of the amounts available under subsection (a) for a 
        fiscal year for audits of new entrant motor carriers under 
        section 31144(g).''.
  (e) Technical Amendments.--Sections 31102(b)(3) and 31103(a) of such 
title are amended by striking ``(1)(D)'' and inserting ``(1)(E)''.

SEC. 4103. BORDER ENFORCEMENT GRANTS.

  (a) In General.--Chapter 311 of title 49, United States Code, is 
amended--
          (1) by striking the heading for subchapter I and inserting 
        the following:

       ``SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS''; and

          (2) by striking section 31107 and inserting the following:

``Sec. 31107. Border enforcement grants

  ``(a) General Authority.--The Secretary of Transportation may make a 
grant in a fiscal year to a State that shares a land border with 
another country for carrying out border commercial motor vehicle safety 
programs and related enforcement activities and projects.
  ``(b) Maintenance of Expenditures.--The Secretary may make a grant to 
a State under this section only if the State agrees that the total 
expenditure of amounts of the State and political subdivisions of the 
State, exclusive of amounts from the United States, for carrying out 
border commercial motor vehicle safety programs and related enforcement 
activities and projects will be maintained at a level at least equal to 
the average level of that expenditure by the State and political 
subdivisions of the State for the last 2 fiscal years of the State 
ending before the date of enactment of the Transportation Equity Act: A 
Legacy for Users.
  ``(c) Governments Share of Costs.--The Secretary shall reimburse a 
State under a grant made under this section an amount that is not more 
than 100 percent of the costs incurred by the State in a fiscal year 
for carrying out border commercial motor vehicle safety programs and 
related enforcement activities and projects.
  ``(d) Availability and Reallocation of Amounts.--Allocations to a 
State remain available for expenditure in the State for the fiscal year 
in which they are allocated and for the next fiscal year. Amounts not 
expended by a State during those 2 fiscal years are available to the 
Secretary for reallocation under this section.''.
  (b) Conforming Amendments.--
          (1) Item relating to subchapter i.--The analysis for such 
        chapter is amended by striking the item relating to subchapter 
        I and inserting the following:

           ``Subchapter I--General authority and State grants''.

          (2) Item relating to section 31107.--The analysis for such 
        chapter is amended by striking the item relating to section 
        31107 and inserting the following:

``31107. Border enforcement grants.''.

SEC. 4104. COMMERCIAL DRIVER'S LICENSE IMPROVEMENTS.

  (a) State Grants.--Chapter 313 of title 49, United States Code, is 
amended by inserting after section 31312 the following:

``Sec. 31313. Grants for commercial driver's license program 
                    improvements

  ``(a) Grants for Commercial Driver's License Program Improvements.--
          ``(1) General authority.--The Secretary of Transportation may 
        make a grant to a State in a fiscal year--
                  ``(A) to comply with the requirements of section 
                31311; and
                  ``(B) in the case of a State that is in substantial 
                compliance with the requirements of section 31311 and 
                this section, to improve its implementation of its 
                commercial driver's license program.
          ``(2) Purposes for which grants may be used.--A State may use 
        grants under paragraphs (1)(A) and (1)(B) only for expenses 
        directly related to its compliance with section 31311; except 
        that a grant under paragraph (1)(B) may be used for improving 
        implementation of the State's commercial driver's license 
        program, including expenses for computer hardware and software, 
        publications, testing, personnel, training, and quality 
        control. The grant may not be used to rent, lease, or buy land 
        or buildings.
          ``(3) Application.--In order to receive a grant under this 
        section, a State must submit an application for such grant that 
        is in such form, and contains such information, as the 
        Secretary may require. The application shall include the 
        State's assessment of its commercial drivers license program.
          ``(4) Maintenance of expenditures.--The Secretary may make a 
        grant to a State under this subsection only if the State agrees 
        that the total expenditure of amounts of the State and 
        political subdivisions of the State, exclusive of amounts from 
        the United States, for the State's commercial driver's license 
        program will be maintained at a level at least equal to the 
        average level of that expenditure by the State and political 
        subdivisions of the State for the last 2 fiscal years of the 
        State ending before the date of enactment of the Transportation 
        Equity Act: A Legacy for Users.
          ``(5) Government share.--The Secretary shall reimburse a 
        State under a grant made under this subsection an amount that 
        is not more than 80 percent of the costs incurred by the State 
        in a fiscal year in complying with section 31311 and improving 
        its implementation of its commercial driver's license program. 
        In determining such costs, the Secretary shall include in-kind 
        contributions by the State. Amounts required to be expended by 
        the State under paragraph (4) may not be included as part of 
        the non-Federal share of such costs.
  ``(b) High-Priority Activities.--
          ``(1) Grants for national concerns.--The Secretary may make a 
        grant to a State agency, local government, or other person for 
        100 percent of the costs of research, development, 
        demonstration projects, public education, and other special 
        activities and projects relating to commercial driver licensing 
        and motor vehicle safety that are of benefit to all 
        jurisdictions of the United States or are designed to address 
        national safety concerns and circumstances.
          ``(2) Funding.--The Secretary may deduct up to 10 percent of 
        the amounts made available to carry out this section for a 
        fiscal year to make grants under this subsection.''.
  (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 31312 the following:

``31313. Grants for commercial driver's license program 
improvements.''.

  (c) Amounts Withheld.--Subsections (a) and (b) of section 31314 of 
such title are each amended by inserting ``up to'' after ``withhold''.

SEC. 4105. HOBBS ACT.

  (a) Jurisdiction of Court of Appeals Over Commercial Motor Vehicle 
Safety Regulation and Operators and Motor Carrier Safety.--Section 
2342(3)(A) of title 28, United States Code, is amended by inserting 
before ``of title 49'' the following: ``, subchapter III of chapter 
311, chapter 313, or chapter 315''.
  (b) Judicial Review.--Section 351(a) of title 49, United States Code, 
is amended by striking ``Federal Highway Administration'' and inserting 
``Federal Motor Carrier Safety Administration''.
  (c) Authority to Carry Out Certain Transferred Duties and Powers.--
Section 352 of title 49, United States Code, is amended by striking 
``Federal Highway Administration'' and inserting ``Federal Motor 
Carrier Safety Administration''.

SEC. 4106. PENALTY FOR DENIAL OF ACCESS TO RECORDS.

  Section 521(b) of title 49, United States Code, is amended--
          (1) by striking ``(b)(1)(A) If the Secretary'' and inserting 
        the following:
  ``(b) Violations Relating to Commercial Motor Vehicle Safety 
Regulation and Operators.--
          ``(1) Notice.--
                  ``(A) In general.--If the Secretary''; and
          (2) by adding at the end of paragraph (2) the following:
                  ``(E) Copying of records and access to equipment, 
                lands, and buildings.--A person subject to chapter 51 
                or part B of subtitle VI who fails to allow the 
                Secretary, or an employee designated by the Secretary, 
                promptly upon demand to inspect and copy any record or 
                inspect and examine equipment, lands, buildings, and 
                other property in accordance with section 504(c), 
                5121(c), or 14122(b) shall be liable to the United 
                States for a civil penalty not to exceed $1,000 for 
                each offense. Each day the Secretary is denied the 
                right to inspect and copy any record or inspect and 
                examine equipment, lands, buildings, and other property 
                shall constitute a separate offense; except that the 
                total of all civil penalties against any violator for 
                all offenses related to a single violation shall not 
                exceed $10,000. It shall be a defense to such penalty 
                that the records did not exist at the time of the 
                Secretary's request or could not be timely produced 
                without unreasonable expense or effort. Nothing in this 
                subparagraph shall be construed as amending or 
                superseding any remedy available to the Secretary under 
                section 502(d), section 507(c), or any other provision 
                of this title.''.

SEC. 4107. MEDICAL REVIEW BOARD.

  Section 113 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(j) Medical Review Board.--
          ``(1) Establishment and function.--The Administrator shall 
        establish a Medical Review Board as an advisory committee to 
        provide the Administration with medical advice and 
        recommendations on driver qualification medical standards and 
        guidelines, medical examiner education, and medical research.
          ``(2) Composition.--The Medical Review Board shall consist of 
        5 members appointed for a term not to exceed 3 years by the 
        Secretary from medical institutions and private medical 
        practice. The membership shall reflect expertise in a variety 
        of medical specialties relevant to the functions of the 
        Administration.''.

SEC. 4108. INCREASED PENALTIES FOR OUT-OF-SERVICE VIOLATIONS AND FALSE 
                    RECORDS.

  (a) Recordkeeping and Reporting Violations.--Section 521(b)(2)(B) of 
title 49, United States Code, is amended--
          (1) in clause (i) by striking ``$500'' and inserting 
        ``$1,000''; and
          (2) by striking ``$5,000'' each place it appears and 
        inserting ``$10,000''.
  (b) Violations of Out-of-Service Orders.--Section 31310(i)(2) of 
title 49, United States Code, is amended--
          (1) by striking ``Not later than December 18, 1992, the'' and 
        inserting ``The'';
          (2) in subparagraph (A)--
                  (A) by striking ``90 days'' and inserting ``180 
                days''; and
                  (B) by striking ``$1,000'' and inserting ``$2,500'';
          (3) in subparagraph (B)--
                  (A) by striking ``one year'' and inserting ``2 
                years''; and
                  (B) by striking ``$1,000; and'' and inserting 
                ``$5,000;''; and
          (4) in subparagraph (C) by striking ``$10,000.'' and 
        inserting ``$25,000; and''.

SEC. 4109. COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS 
                    DEPLOYMENT.

  (a) In General.--The Secretary shall carry out a commercial vehicle 
information systems and networks program to--
          (1) improve the safety and productivity of commercial 
        vehicles and drivers; and
          (2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle regulatory 
        requirements.
  (b) Purpose.--The program shall advance the technological capability 
and promote the deployment of intelligent transportation system 
applications for commercial motor vehicle operations, commercial 
driver, and carrier-specific information systems and networks.
  (c) Core Deployment Grants.--
          (1) In general.--The Secretary shall make grants to eligible 
        States for the core deployment of commercial vehicle 
        information systems and networks.
          (2) Amount of grants.--The maximum aggregate amount the 
        Secretary may grant to a State for the core deployment of 
        commercial vehicle information systems and networks under this 
        subsection and sections 5001(a)(5) and 5001(a)(6) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 420) 
        may not exceed $2,500,000.
          (3) Use of funds.--Funds from a grant under this subsection 
        may only be used for the core deployment of commercial vehicle 
        information systems and networks. An eligible State that has 
        either completed the core deployment of commercial vehicle 
        information systems and networks or completed such deployment 
        before grant funds are expended under this subsection may use 
        the grant funds for the expanded deployment of commercial 
        vehicle information systems and networks in the State.
  (d) Expanded Deployment Grants.--
          (1) In general.--For each fiscal year, from the funds 
        remaining after the Secretary has made grants under subsection 
        (c), the Secretary may make grants to each eligible State, upon 
        request, for the expanded deployment of commercial vehicle 
        information systems and networks.
          (2) Eligibility.--Each State that has completed the core 
        deployment of commercial vehicle information systems and 
        networks in such State is eligible for an expanded deployment 
        grant under this subsection.
          (3) Amount of grants.--Each fiscal year, the Secretary may 
        distribute funds available for expanded deployment grants 
        equally among the eligible States, but not to exceed $1,000,000 
        per State.
          (4) Use of funds.--A State may use funds from a grant under 
        this subsection only for the expanded deployment of commercial 
        vehicle information systems and networks.
  (e) Eligibility.--To be eligible for a grant under this section, a 
State--
          (1) shall have a commercial vehicle information systems and 
        networks program plan approved by the Secretary that describes 
        the various systems and networks at the State level that need 
        to be refined, revised, upgraded, or built to accomplish 
        deployment of core capabilities;
          (2) shall certify to the Secretary that its commercial 
        vehicle information systems and networks deployment activities, 
        including hardware procurement, software and system 
        development, and infrastructure modifications--
                  (A) are consistent with the national intelligent 
                transportation systems and commercial vehicle 
                information systems and networks architectures and 
                available standards; and
                  (B) promote interoperability and efficiency to the 
                extent practicable; and
          (3) shall agree to execute interoperability tests developed 
        by the Federal Motor Carrier Safety Administration to verify 
        that its systems conform with the national intelligent 
        transportation systems architecture, applicable standards, and 
        protocols for commercial vehicle information systems and 
        networks.
  (f) Federal Share.--The Federal share of the cost of a project 
payable from funds made available to carry out this section shall not 
exceed 50 percent. The total Federal share of the cost of a project 
payable from all eligible sources shall not exceed 80 percent.
  (g) Definitions.--In this section, the following definitions apply:
          (1) Commercial vehicle information systems and networks.--The 
        term ``commercial vehicle information systems and networks'' 
        means the information systems and communications networks that 
        provide the capability to--
                  (A) improve the safety of commercial motor vehicle 
                operations;
                  (B) increase the efficiency of regulatory inspection 
                processes to reduce administrative burdens by advancing 
                technology to facilitate inspections and increase the 
                effectiveness of enforcement efforts;
                  (C) advance electronic processing of registration 
                information, driver licensing information, fuel tax 
                information, inspection and crash data, and other 
                safety information;
                  (D) enhance the safe passage of commercial motor 
                vehicles across the United States and across 
                international borders; and
                  (E) promote the communication of information among 
                the States and encourage multistate cooperation and 
                corridor development.
          (2) Commercial motor vehicle operations.--The term 
        ``commercial motor vehicle operations''--
                  (A) means motor carrier operations and motor vehicle 
                regulatory activities associated with the commercial 
                motor vehicle movement of goods, including hazardous 
                materials, and passengers; and
                  (B) with respect to the public sector, includes the 
                issuance of operating credentials, the administration 
                of motor vehicle and fuel taxes, and roadside safety 
                and border crossing inspection and regulatory 
                compliance operations.
          (3) Core deployment.--The term ``core deployment'' means the 
        deployment of systems in a State necessary to provide the State 
        with the following capabilities:
                  (A) Safety information exchange to--
                          (i) electronically collect and transmit 
                        commercial motor vehicle and driver inspection 
                        data at a majority of inspection sites in the 
                        State;
                          (ii) connect to the safety and fitness 
                        electronic records system for access to 
                        interstate carrier and commercial motor vehicle 
                        data, summaries of past safety performance, and 
                        commercial motor vehicle credentials 
                        information; and
                          (iii) exchange carrier data and commercial 
                        motor vehicle safety and credentials 
                        information within the State and connect to 
                        such system for access to interstate carrier 
                        and commercial motor vehicle data.
                  (B) Interstate credentials administration to--
                          (i) perform end-to-end processing, including 
                        carrier application, jurisdiction application 
                        processing, and credential issuance, of at 
                        least the international registration plan and 
                        international fuel tax agreement credentials 
                        and extend this processing to other 
                        credentials, including intrastate registration, 
                        vehicle titling, oversize vehicle permits, 
                        overweight vehicle permits, carrier 
                        registration, and hazardous materials permits;
                          (ii) connect to such plan and agreement 
                        clearinghouses; and
                          (iii) have at least 10 percent of the 
                        credentialing transaction volume in the State 
                        handled electronically and have the capability 
                        to add more carriers and to extend to branch 
                        offices where applicable.
                  (C) Roadside electronic screening to electronically 
                screen transponder-equipped commercial vehicles at a 
                minimum of one fixed or mobile inspection site in the 
                State and to replicate this screening at other sites in 
                the State.
          (4) Expanded deployment.--The term ``expanded deployment'' 
        means the deployment of systems in a State that exceed the 
        requirements of a core deployment of commercial vehicle 
        information systems and networks, improve safety and the 
        productivity of commercial motor vehicle operations, and 
        enhance transportation security.
  (h) Repeal.--Section 5209 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 502 note; 112 Stat. 460-461) is repealed.

SEC. 4110. SAFETY FITNESS.

  (a) In General.--Section 31144(a) of title 49, United States Code, is 
amended to read as follows:
  ``(a) In General.--The Secretary shall--
          ``(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing among other 
        things the accident record of an owner or operator operating in 
        interstate commerce and the accident record and safety 
        inspection record of such owner or operator in operations that 
        affect interstate commerce;
          ``(2) periodically update such safety fitness determinations;
          ``(3) make such final safety fitness determinations readily 
        available to the public; and
          ``(4) prescribe by regulation penalties for violations of 
        this section consistent with section 521.''.
  (b) Prohibited Transportation.--The first subsection (c) of such 
section 31144 is amended by adding at the end the following:
          ``(5) Transportation affecting interstate commerce.--Owners 
        or operators of commercial motor vehicles prohibited from 
        operating in interstate commerce pursuant to paragraphs (1) 
        through (3) may not operate any commercial motor vehicle that 
        affects interstate commerce until the Secretary determines that 
        such owner or operator is fit.''.
  (c) Determination of Unfitness by a State.--Such section 31144 is 
further amended--
          (1) by redesignating subsections (d), (e), and the second 
        subsection (c) as subsections (e), (f), and (g), respectively;
          (2) by inserting after the first subsection (c) the 
        following:
  ``(d) Determination of Unfitness by a State.--If a State that 
receives a grant under section 31102 determines, by applying the 
standards prescribed by the Secretary under subsection (b), that an 
owner or operator of commercial motor vehicles that has its principal 
place of business in that State and operates in intrastate commerce is 
unfit under such standards and prohibits the owner or operator from 
operating such vehicles in the State, the Secretary shall prohibit the 
owner or operator from operating such vehicles in interstate commerce 
until the State determines that the owner or operator is fit.''; and
          (3) in subsection (g) (as redesignated by paragraph (1) of 
        this subsection) by adding at the end the following:
          ``(5) Grants for audits.--From amounts deducted under section 
        31104(f)(3), the Secretary may make grants to States and local 
        governments for new entrant motor carrier audits under this 
        subsection without requiring a matching contribution from such 
        States or local governments.
          ``(6) DOT audits.--If the Secretary determines that a State 
        or local government is unable to use government employees to 
        conduct new entrant motor carrier audits, the Secretary may 
        utilize the funds deducted under section 31104(f)(3) to conduct 
        such audits in areas under the jurisdiction of such State or 
        local government.''.

SEC. 4111. PATTERN OF SAFETY VIOLATIONS BY MOTOR CARRIER MANAGEMENT.

  (a) Duties of Employers and Employees.--Section 31135 of title 49, 
United States Code, is amended--
          (1) by inserting ``(a) In General.--'' before ``Each''; and
          (2) by adding at the end the following:
  ``(b) Pattern of Noncompliance.--If the Secretary finds that an 
officer of a motor carrier engages or has engaged in a pattern or 
practice of avoiding compliance, or masking or otherwise concealing 
noncompliance, with regulations on commercial motor vehicle safety 
prescribed under this subchapter, while serving as an officer of any 
motor carrier, the Secretary may suspend, amend, or revoke any part of 
the motor carrier's registration under section 13905.
  ``(c) Regulations.--The Secretary shall by regulation establish 
standards to implement subsection (b).
  ``(d) Definitions.--In this section, the following definitions apply:
          ``(1) Motor carrier.--The term `motor carrier' has the 
        meaning such term has under section 13102.
          ``(2) Officer.--The term `officer' means an owner, director, 
        chief executive officer, chief operating officer, chief 
        financial officer, safety director, vehicle maintenance 
        supervisor, and driver supervisor of a motor carrier, 
        regardless of the title attached to those functions, and any 
        person, however designated, exercising controlling influence 
        over the operations of a motor carrier.''.
  (b) Cross Reference.--Section 13902(a)(1)(B) of title 49, United 
States Code, is amended to read as follows:
                  ``(B)(i) any safety regulations imposed by the 
                Secretary;
                  ``(ii) the duties of employers and employees 
                established by the Secretary under section 31135; and
                  ``(iii) the safety fitness requirements established 
                by the Secretary under section 31144; and''.

SEC. 4112. MOTOR CARRIER RESEARCH AND TECHNOLOGY PROGRAM.

  (a) In General.--Section 31108 of title 49, United States Code, is 
amended to read as follows:

``Sec. 31108. Motor carrier research and technology program

  ``(a) Research, Technology, and Technology Transfer Activities.--
          ``(1) Establishment.--The Secretary of Transportation shall 
        establish and carry out a motor carrier research and technology 
        program.
          ``(2) Multiyear plan.--The program must include a multi-year 
        research plan that focuses on nonredundant innovative research.
          ``(3) Research, development, and technology transfer 
        activities.--The Secretary may carry out under the program 
        research, development, technology, and technology transfer 
        activities with respect to--
                  ``(A) the causes of accidents, injuries, and 
                fatalities involving commercial motor vehicles;
                  ``(B) means of reducing the number and severity of 
                accidents, injuries, and fatalities involving 
                commercial motor vehicles;
                  ``(C) improving commercial motor vehicle and motor 
                carrier safety, and industry efficiency, through 
                technological improvement;
                  ``(D) improving technology used by enforcement 
                officers when conducting roadside inspections and 
                compliance reviews to increase efficiency and 
                information transfers; and
                  ``(E) increasing the safety and security of hazardous 
                materials transportation.
          ``(4) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing any material, 
        invention, patented article, or process related to the research 
        and technology program.
          ``(5) Training.--The Secretary may use the funds made 
        available to carry out this section for training or education 
        of commercial motor vehicle safety personnel, including 
        training in accident reconstruction and detection of controlled 
        substances or other contraband and stolen cargo or vehicles.
          ``(6) Procedures.--The Secretary may carry out this section--
                  ``(A) independently;
                  ``(B) in cooperation with other Federal departments, 
                agencies, and instrumentalities and Federal 
                laboratories; or
                  ``(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, any Federal laboratory, State 
                agency, authority, association, institution, for-profit 
                or nonprofit corporation, organization, foreign 
                country, or person.
          ``(7) Development and promotion of use of products.--The 
        Secretary shall use funds made available to carry out this 
        section to develop, administer, communicate, and promote the 
        use of products of research, technology, and technology 
        transfer programs under this section.
  ``(b) Collaborative Research and Development.--
          ``(1) In general.--To advance innovative solutions to 
        problems involving commercial motor vehicle and motor carrier 
        safety, security, and efficiency, and to stimulate the 
        deployment of emerging technology, the Secretary may carry out, 
        on a cost-shared basis, collaborative research and development 
        with--
                  ``(A) non-Federal entities, including State and local 
                governments, foreign governments, colleges and 
                universities, corporations, institutions, partnerships, 
                and sole proprietorships that are incorporated or 
                established under the laws of any State; and
                  ``(B) Federal laboratories.
          ``(2) Cooperative agreements.--In carrying out this 
        subsection, the Secretary may enter into cooperative research 
        and development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a)).
          ``(3) Cost sharing.--
                  ``(A) Federal share.--The Federal share of the cost 
                of activities carried out under a cooperative research 
                and development agreement entered into under this 
                subsection shall not exceed 50 percent; except that, if 
                there is substantial public interest or benefit 
                associated with any such activity, the Secretary may 
                approve a greater Federal share.
                  ``(B) Treatment of directly incurred non-federal 
                costs.--All costs directly incurred by the non-Federal 
                partners, including personnel, travel, and hardware or 
                software development costs, shall be credited toward 
                the non-Federal share of the cost of the activities 
                described in subparagraph (A).
          ``(4) Use of technology.--The research, development, or use 
        of a technology under a cooperative research and development 
        agreement entered into under this subsection, including the 
        terms under which the technology may be licensed and the 
        resulting royalties may be distributed, shall be subject to the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).''.
  (b) Conforming Amendment.--The analysis for chapter 311 of such title 
is amended by striking the item relating to section 31108 and inserting 
the following:

``31108. Motor carrier research and technology program.''.

SEC. 4113. INTERNATIONAL COOPERATION.

  (a) In General.--Chapter 311 of title 49, United States Code, is 
amended by adding at the end the following:

                     ``SUBCHAPTER IV--MISCELLANEOUS

``Sec. 31161. International cooperation

  ``The Secretary of Transportation is authorized to use funds made 
available by section 31104(i) to participate and cooperate in 
international activities to enhance motor carrier, driver, and highway 
safety by such means as exchanging information, conducting research, 
and examining needs, best practices, and new technology.''.
  (b) Clerical Amendment.--The analysis for such chapter is amended by 
adding at the end the following:

                      ``Subchapter IV--Miscellaneous

``31161. International cooperation.''.

SEC. 4114. PERFORMANCE AND REGISTRATION INFORMATION SYSTEM MANAGEMENT.

  (a) Design and Conditions for Participation.--Section 31106(b) of 
title 49, United States Code, is amended by striking paragraphs (2), 
(3), and (4) and inserting the following:
          ``(2) Design.--The program shall link Federal motor carrier 
        safety information systems with State commercial vehicle 
        registration and licensing systems and shall be designed to 
        enable a State to--
                  ``(A) determine the safety fitness of a motor carrier 
                or registrant when licensing or registering the 
                registrant or motor carrier or while the license or 
                registration is in effect; and
                  ``(B) deny, suspend, or revoke the commercial motor 
                vehicle registrations of a motor carrier or registrant 
                that has been issued an operations out-of-service order 
                by the Secretary.
          ``(3) Conditions for participation.--The Secretary shall 
        require States, as a condition of participation in the program, 
        to--
                  ``(A) comply with the uniform policies, procedures, 
                and technical and operational standards prescribed by 
                the Secretary under subsection (a)(4); and
                  ``(B) possess or seek the authority to deny, suspend, 
                or revoke commercial motor vehicle registrations based 
                on the issuance of an operations out-of-service order 
                by the Secretary.''.
  (b) Performance and Registration Information System Management 
Grants.--
          (1) In general.--Subchapter I of chapter 311 of title 49, 
        United States Code, is further amended by adding at the end the 
        following:

``Sec. 31109. Performance and registration information system 
                    management

  ``(a) In General.--The Secretary of Transportation may make a grant 
to a State to implement the performance and registration information 
system management requirements of section 31106(b).
  ``(b) Availability of Amounts.--Amounts made available to a State 
under this section shall remain available until expended.''.
          (2) Conforming amendment.--The analysis for such subchapter 
        is amended by adding at the end the following:

``31109. Performance and registration information system management.''.

SEC. 4115. DATA QUALITY IMPROVEMENT.

  Section 31106(a)(3) of title 49, United States Code, is amended--
          (1) by striking ``and'' at the end of subparagraph (D);
          (2) by striking the period at the end of subparagraph (E) and 
        inserting a semicolon; and
          (3) by adding at the end the following:
                  ``(F) ensure, to the maximum extent practical, all 
                the data is complete, timely, and accurate across all 
                information systems and initiatives; and
                  ``(G) establish and implement a national motor 
                carrier safety data correction system.''.

SEC. 4116. DRIVEAWAY SADDLEMOUNT VEHICLES.

  (a) Definition.--Section 31111(a) of tile 49, United States Code, is 
amended by adding at the end of the following:
          ``(4) Drive-away saddlemount with fullmount vehicle 
        transporter combination.--The term `drive-away saddlemount with 
        fullmount vehicle transporter combination' means a vehicle 
        combination designed and specifically used to tow up to 3 
        trucks or truck tractors, each connected by a saddle to the 
        frame or fifth-wheel of the forward vehicle of the truck or 
        truck tractor in front of it.''.
  (b) General Limitations.--Section 31111(b)(1) of such title is 
amended--
          (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively; and
          (2) by inserting after subparagraph (C) the following:
          ``(D) imposes a vehicle length limitation of not less than or 
        more than 97 feet on a driveaway saddlemount with fullmount 
        vehicle transporter combinations;''.

SEC. 4117. COMPLETION OF UNIFORM CARRIER REGISTRATION.

  (a) In General.--Section 14504 of title 49, United States Code, and 
the item relating to such section in analysis for chapter 145 of such 
title, are repealed.
  (b) Conforming Amendments.--Section 13908 of such title is amended--
          (1) in subsection (a) by striking ``the single State 
        registration system under section 14504,'';
          (2) in subsection (b)--
                  (A) by striking paragraphs (2) and (3); and
                  (B) by redesignating paragraphs (4), (5), and (6) as 
                paragraphs (2), (3), and (4), respectively;
          (3) by striking subsection (d); and
          (4) by striking ``(e) Deadline for Conclusion; 
        Modification.--'' and all that follows through ``1996,'' and 
        inserting the following:
  ``(d) Deadline for Completion.--Not later than 1 year after the date 
of enactment of the Transportation Equity Act: A Legacy for Users,''.

SEC. 4118. REGISTRATION OF MOTOR CARRIERS AND FREIGHT FORWARDERS.

  (a) Definitions Relating to Motor Carriers.--Paragraphs (6), (7), 
(12), and (13) of section 13102 of title 49, United States Code, are 
each amended by striking ``motor vehicle'' and inserting ``commercial 
motor vehicle (as defined in section 31132)''.
  (b) Freight Forwarders.--Section 13903(a) of title 49, United States 
Code, is amended--
          (1) by striking ``The Secretary'' and inserting the 
        following:
          ``(1) Household goods.--The Secretary'';
          (2) by inserting ``of household goods'' after ``freight 
        forwarder''; and
          (3) by adding at the end the following:
          ``(2) Others.--The Secretary may register a person to provide 
        service subject to jurisdiction under subchapter III of chapter 
        135 as a freight forwarder (other than a freight forwarder of 
        household goods) if the Secretary finds that such registration 
        is needed for the protection of shippers and that the person is 
        fit, willing, and able to provide the service and to comply 
        with this part and applicable regulations of the Secretary and 
        Board.''.

SEC. 4119. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO HIGHWAY TRUST FUND.

  Sections 31138(d)(5) and 31139(f)(5) of title 49, United States Code, 
are each amended by striking ``Treasury as miscellaneous receipts'' and 
inserting ``Highway Trust Fund (other than the Mass Transit Account)''.

SEC. 4120. OUTREACH AND EDUCATION.

  (a) In General.--The Secretary shall conduct, through any combination 
of grants, contracts, or cooperative agreements, an outreach and 
education program to be administered by the Federal Motor Carrier 
Safety Administration and the National Highway Traffic Safety 
Administration.
  (b) Program Elements.--The program shall include, at a minimum, the 
following:
          (1) A program to promote a more comprehensive and national 
        effort to educate commercial motor vehicle drivers and 
        passenger vehicle drivers about how commercial motor vehicle 
        drivers and passenger vehicle drivers can more safely share the 
        road with each other.
          (2) A program to promote enhanced traffic enforcement efforts 
        aimed at reducing the incidence of the most common unsafe 
        driving behaviors that cause or contribute to crashes involving 
        commercial motor vehicles and passenger vehicles.
          (3) A program to establish a public-private partnership to 
        provide resources and expertise for the development and 
        dissemination of information relating to sharing the road 
        referred to in paragraphs (1) and (2) to each partner's 
        constituents and to the general public through the use of 
        brochures, videos, paid and public advertisements, the 
        Internet, and other media.
  (c) Federal Share.--The Federal share of a program or activity for 
which a grant is made under this section shall be 100 percent of the 
cost of such program or activity.
  (d) Annual Report.--The Secretary shall prepare and transmit to 
Congress an annual report on the programs and activities carried out 
under this section.
  (e) Funding.--From amounts made available under section 31104(i) of 
title 49, United States Code, the Secretary shall make available 
$1,000,000 to the Federal Motor Carrier Safety Administration, and 
$3,000,000 to the National Highway Traffic Safety Administration, for 
each of fiscal years 2005, 2006, 2007, 2008, and 2009 to carry out this 
section.

SEC. 4121. INSULIN TREATED DIABETES MELLITUS.

  (a) No Period of Commercial Driving While Using Insulin Required for 
Qualification.--The Secretary may not require individuals with insulin-
treated diabetes mellitus who are applying for an exemption from the 
physical qualification standards to have experience operating 
commercial motor vehicles while using insulin in order to be exempted 
from the physical qualification standards to operate a commercial motor 
vehicle in interstate commerce.
  (b) Minimum Period of Insulin Use.--Subject to subsection (a), the 
Secretary shall require individuals with insulin-treated diabetes 
mellitus to have a minimum period of insulin use to demonstrate stable 
control of diabetes before operating a commercial motor vehicle in 
interstate commerce. For individuals who have been newly diagnosed with 
type 1 diabetes, the minimum period of insulin use may not exceed 2 
months, unless directed by the treating physician. For individuals who 
have type 2 diabetes and are converting to insulin use, the minimum 
period of insulin use may not exceed 1 month, unless directed by the 
treating physician.
  (c) Limitations.--Insulin-treated individuals may not be held by the 
Secretary to a higher standard of physical qualification in order to 
operate a commercial motor vehicle in interstate commerce than other 
individuals applying to operate, or operating, a commercial motor 
vehicle in interstate commerce; except to the extent that limited 
operating, monitoring, and medical requirements are deemed medically 
necessary under regulations issued by the Secretary.

SEC. 4122. GRANT PROGRAM FOR COMMERCIAL MOTOR VEHICLE OPERATORS.

  (a) Establishment.--The Secretary shall establish a grant program for 
training operators of commercial motor vehicles (as defined in section 
31301 of title 49, United States Code). The purpose of the program 
shall be to train operators and future operators in the safe use of 
such vehicle.
  (b) Federal Share.--The Federal share of the cost for which a grant 
is made under this section shall be 80 percent.
  (c) Funding.--From amounts made available under section 31104(i) of 
title 49, United States Code, the Secretary shall make available 
$1,000,000 for each of fiscal years 2005, 2006, 2007, 2008, and 2009 to 
carry out this section.

SEC. 4123. COMMERCIAL MOTOR VEHICLE SAFETY ADVISORY COMMITTEE.

  (a) Establishment.--The Secretary shall establish a commercial motor 
vehicle safety advisory committee to provide advice and recommendations 
to the Secretary on commercial motor vehicle safety regulations and 
other matters relating to activities and functions of the Federal Motor 
Carrier Safety Administration.
  (b) Composition.--The members of the advisory committee shall be 
appointed by the Secretary and shall include representatives of the 
motor carrier industry, drivers, safety advocates, manufacturers, 
safety enforcement officials, law enforcement agencies of border 
States, and other individuals affected by rulemakings under 
consideration by the Department of Transportation. Representatives of a 
single interest group may not constitute a majority of the members of 
the advisory committee.
  (c) Termination Date.--The advisory committee shall remain in effect 
until September 30, 2009.

SEC. 4124. SAFETY DATA IMPROVEMENT PROGRAM.

  (a) In General.--The Secretary shall make grants to States for 
projects and activities to improve the accuracy, timeliness, and 
completeness of commercial motor vehicle safety data reported to the 
Secretary.
  (b) Eligibility.--A State shall be eligible for a grant under this 
section in a fiscal year if the Secretary determines that the State 
has--
          (1) conducted a comprehensive audit of its commercial motor 
        vehicle safety data system within the preceding 2 years;
          (2) developed a plan that identifies and prioritizes its 
        commercial motor vehicle safety data needs and goals; and
          (3) identified performance-based measures to determine 
        progress toward those goals.
  (c) Authorization of Appropriations.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $3,000,000 for each of fiscal years 
2006 through 2009.
  (d) Applicability of Title 23, United States Code.--Funds authorized 
to be appropriated by this section shall be available for obligation in 
the same manner as if such funds were apportioned under chapter 1 of 
title 23, United States Code, except that the Federal share of the cost 
of a project or activity carried out using such funds shall be 80 
percent and such funds shall remain available until expended.
  (e) Biennial Report.--Not later 2 years after the date of enactment 
of this Act, and biennially thereafter, the Secretary shall transmit to 
Congress a report on the activities and results of the program carried 
out under this section, together with any recommendations the Secretary 
determines appropriate.

SEC. 4125. COMMERCIAL DRIVER'S LICENSE INFORMATION SYSTEM 
                    MODERNIZATION.

  (a) General Authority.--The Secretary may make a grant to a State or 
organization representing agencies and officials of a State in a fiscal 
year to modernize its commercial driver's license information system in 
accordance with subsection (c) if the State is in substantial 
compliance with the requirements of section 31311 of title 49, United 
States Code, and this section, as determined by the Secretary. The 
Secretary shall establish criteria for the distribution of grants and 
notify each State annually of such criteria.
  (b) Modernization Plan.--No later than 120 days after the date of 
enactment of this Act, the Secretary shall publish a comprehensive 
national plan to modernize the commercial driver's license information 
system. The plan shall be developed in consultation with 
representatives of the motor carrier industry, State safety enforcement 
agencies, and State licensing agencies designated by the Secretary.
  (c) Use of Grant.--A State may use a grant under this section only to 
implement improvements that are consistent with the modernization plan 
developed by the Secretary.
  (d) Pilot Program.--
          (1) In general.--The Secretary may conduct with grants under 
        this section a 3-year pilot program in no more than 3 States to 
        evaluate a system for sharing driver's license information on 
        all commercial and noncommercial driver's licenses issued in 
        each participating State.
          (2) Funding.--The Secretary may use no more than 50 percent 
        of the funds available to carry out this section for the pilot 
        program in any fiscal year.
          (3) Report.--Not later than 1 year after the last day of the 
        pilot program, the Secretary shall transmit to Congress a 
        report on the results of the pilot program.
  (e) Government Share.--A grant under this section to a State or 
organization may not be for more than 80 percent of the costs incurred 
by the State or organization in a fiscal year in implementing the 
modernization program developed by the Secretary. In determining these 
costs, the Secretary shall include in-kind contributions of the State.
  (f) Funding.--There are authorized to be appropriated from the 
Highway Trust Fund (other than the Mass Transit Account) to carry out 
this section--
          (1) $7,000,000 for fiscal year 2006;
          (2) $7,000,000 for fiscal year 2007;
          (3) $8,000,000 for fiscal year 2008; and
          (4) $8,000,000 for fiscal year 2009.
  (g) Contract Authority and Availability.--
          (1) Period of availability.--The amounts made available under 
        subsection (f) shall remain available until expended.
          (2) Initial date of availability.--Amounts authorized to be 
        appropriated from the Highway Trust Fund (other than the Mass 
        Transit Account) by subsection (f) shall be available for 
        obligation on the date of their apportionment or allocation or 
        on October 1 of the fiscal year for which they are authorized, 
        whichever occurs first.
          (3) Contract authority.--Approval by the Secretary of a grant 
        with funds made available under subsection (f) imposes upon the 
        United States a contractual obligation for payment of the 
        Government's share of costs incurred in carrying out the 
        objectives of the grant.

SEC. 4126. MAXIMUM HOURS OF SERVICE FOR OPERATORS OF GROUND WATER WELL 
                    DRILLING RIGS.

  Section 345(a)(2) of the National Highway System Designation Act of 
1995 (49 U.S.C. 31136 note; 109 Stat 613) is amended by adding at the 
end the following: ``Except as required in section 395.3 of title 49, 
Code of Federal Regulations, as in effect on the date of enactment of 
this sentence, no additional off-duty time shall be required in order 
to operate such vehicle.''.

SEC. 4127. SAFETY PERFORMANCE HISTORY SCREENING.

  (a) In General.--The Secretary shall provide persons conducting 
preemployment screening services for the motor carrier industry 
electronic access to the following reports contained in the Motor 
Carrier Management Information System:
          (1) Commercial motor vehicle accident reports.
          (2) Inspection reports that contain no driver-related safety 
        violations.
          (3) Serious driver-related safety violation inspection 
        reports.
  (b) Conditions on Providing Access.--Before providing a person access 
to the Motor Carrier Management Information System under subsection 
(a), the Secretary shall--
          (1) ensure that any information that is released to such 
        person will be in accordance with the Fair Credit Reporting Act 
        (15 U.S.C. 1681 et seq.) and all other applicable Federal law;
          (2) ensure that such person will not conduct a screening 
        without the operator-applicant's written consent;
          (3) ensure that any information that is released to such 
        person will not be released to any person or entity, other than 
        the motor carrier requesting the screening services or the 
        operator-applicant, unless expressly authorized or required by 
        law; and
          (4) provide a procedure for the operator-applicant to correct 
        inaccurate information in the System in a timely manner.
  (c) Design.--The process for providing access to the Motor Carrier 
Management Information System under subsection (a) shall be designed to 
assist the motor carrier industry in assessing an individual operator's 
crash and serious safety violation inspection history as a 
preemployment condition. Use of the process shall not be mandatory and 
may only be used during the preemployment assessment of an operator-
applicant.
  (d) Serious Operator-Related Safety Violation Defined.--In this 
section, the term ``serious operator-related violation'' means a 
violation by an operator of a commercial motor vehicle (as defined in 
section 31102 of title 49, United States Code) that the Secretary 
determines will result in the operator being prohibited from continuing 
to operate a commercial motor vehicle until the violation is corrected.

SEC. 4128. INTERMODAL CHASSIS ROADABILITY RULE-MAKING.

  (a) In General.--Not later than 1 year after the date of enactment of 
this Act, the Secretary, after providing notice and opportunity for 
comment, shall issue regulations establishing a program to ensure that 
intermodal equipment used to transport intermodal containers are safe.
  (b) Motor Carrier Safety Regulations.--The regulations under this 
section shall be issued as part of the Federal motor carrier safety 
regulations of the Department of Transportation.
  (c) Contents.--The regulations issued under this section shall 
include, at a minimum--
          (1) a requirement to identify providers of intermodal 
        equipment that is interchanged or intended for interchange to 
        motor carriers in intermodal transportation;
          (2) a requirement to match such intermodal equipment readily 
        to the intermodal equipment provider through a unique 
        identifying number;
          (3) a requirement to ensure that each intermodal equipment 
        provider maintains a system of maintenance and repair records 
        for such equipment;
          (4) a requirement to evaluate the compliance of intermodal 
        equipment providers with the applicable Federal motor carrier 
        safety regulations;
          (5) a provision that--
                  (A) establishes a civil penalty structure consistent 
                with section 521(b) of title 49, United States Code, 
                for intermodal equipment providers that fail to attain 
                satisfactory compliance with applicable Federal motor 
                carrier safety regulations; and
                  (B) prohibits intermodal equipment providers from 
                placing intermodal equipment on the public highways if 
                such providers are found to pose an imminent hazard;
          (6) a process by which motor carriers and agents of motor 
        carriers may petition the Federal Motor Carrier Safety 
        Administration to undertake an investigation of a noncompliant 
        intermodal equipment provider; and
          (7) an inspection and audit program of intermodal equipment 
        providers.
  (d) Deadline for Rulemaking Proceeding.--The regulations under this 
section shall be issued pursuant to a rulemaking proceeding initiated 
not later than 90 days after the date of enactment of this Act.
  (e) Definitions.--In this section, the following definitions apply:
          (1) Intermodal equipment.--The term ``intermodal equipment'' 
        means equipment that is commonly used in the intermodal 
        transportation of freight over public highways in interstate 
        commerce (as defined in section 31132 of title 49, United 
        States Code), including trailers, chassis, and any associated 
        devices.
          (2) Intermodal equipment provider.--The term ``intermodal 
        equipment provider'' means any person with any legal right, 
        title, or interest in intermodal equipment that interchanges 
        such equipment to a motor carrier.
          (3) Interchange.--The term ``interchange'' means the act of 
        providing intermodal equipment to a motor carrier for the 
        purpose of transporting the equipment for loading or unloading 
        by any person or repositioning the equipment for the benefit of 
        the equipment provider. Such term does not include the leasing 
        of equipment to a motor carrier for use in the motor carrier's 
        over-the-road freight hauling operations.
  (f) Inspection, Repair, and Maintenance of Intermodal Equipment.--
Section 31136 of title 49, United States Code, is amended by adding at 
the end the following:
  ``(g) Inspection, Repair, and Maintenance of Intermodal Equipment.--
The Secretary, or an employee of the Department of Transportation 
designated by the Secretary, may inspect intermodal equipment, and copy 
related maintenance and repair records for such equipment, on demand 
and display of proper credentials to inspect intermodal equipment.''.
  (g) Jurisdiction Over Equipment Providers.--Section 31132(1) of such 
title is amended by inserting after ``towed vehicle'' the following: 
``(including intermodal equipment, including trailers, chassis and 
associated devices, commonly used for the transportation of intermodal 
freight via highway)''.

SEC. 4129. SUBSTANCE ABUSE PROFESSIONALS.

  The Secretary shall conduct a rulemaking to permit State licensed or 
certified mental health counselors or addiction specialists certified 
by the American Academy of Health Care Providers in the Addictive 
Disorders to act as substance abuse professionals under subpart O of 
part 40 of title 49, Code of Federal Regulations.

SEC. 4130. INTERSTATE VAN OPERATIONS.

  The Federal motor carrier safety regulations (other than regulations 
relating to commercial drivers license and drug and alcohol testing 
requirements) shall apply to all interstate operations of commercial 
motor vehicles used to transport between 9 and 15 passengers (including 
the driver), regardless of the distance traveled.

SEC. 4131. HOURS OF SERVICE FOR OPERATORS OF UTILITY SERVICE VEHICLES.

  Section 345 of the National Highway System Designation Act of 1995 
(49 U.S.C. 31136 note; 109 Stat. 613) is amended--
          (1) in subsection (a) by striking paragraph (4) and inserting 
        the following:
          ``(4) Operators of utility service vehicles.--
                  ``(A) Inapplicability of federal regulations.--Such 
                regulations shall not apply to a driver of a utility 
                service vehicle.
                  ``(B) Prohibition on state regulations.--A State, a 
                political subdivision of a State, an interstate agency, 
                or other entity consisting of 2 or more States, shall 
                not enact or enforce any law, rule, regulation, or 
                standard that imposes requirements on a driver of a 
                utility service vehicle that are similar to the 
                requirements contained in such regulations.''.
          (2) in subsection (b) by striking ``Nothing'' and inserting 
        ``Except as provided in subsection (a)(4), nothing''; and
          (3) in the first sentence of subsection (c) by striking 
        ``paragraph (2)'' and inserting ``an exemption under paragraph 
        (2) or (4)''.

SEC. 4132. TECHNICAL CORRECTIONS.

  (a) Intermodal Transportation Advisory Board.--Section 5502(b) of 
title 49, United States Code, is amended--
          (1) by striking ``and'' at the end of paragraph (4);
          (2) by striking the period at the end of paragraph (5) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
          ``(6) the Federal Motor Carrier Safety Administration.''.
  (b) Reference to Agency.--Section 31502(e) of such title is amended--
          (1) in paragraph (2) by striking ``Regional Director of the 
        Federal Highway Administration'' and inserting ``Field 
        Administrator of the Federal Motor Carrier Safety 
        Administration''; and
          (2) in paragraph (3) by striking ``Regional Director'' and 
        inserting ``Field Administrator''.

SEC. 4133. INTRASTATE AND FOREIGN OPERATIONS OF INTERSTATE MOTOR 
                    CARRIERS.

  Section 31144(a) of title 49, United States Code, is amended to read 
as follows:
  ``(a) In General.--The Secretary shall--
          ``(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing among other 
        things the accident and safety inspection record of an owner or 
        operator during operations--
                  ``(A) in interstate commerce in the United States;
                  ``(B) in a State that affects interstate commerce in 
                the United States; and
                  ``(C) in Canada or Mexico if the owner or operator 
                also conducts operations in the United States;
          ``(2) periodically update such safety fitness determinations;
          ``(3) make such final safety fitness determinations readily 
        available to the public; and
          ``(4) prescribe by regulation penalties for violations of 
        this section consistent with section 521.''.

SEC. 4134. OPERATORS OF VEHICLES TRANSPORTING AGRICULTURAL COMMODITIES 
                    AND FARM SUPPLIES.

  (a) Agricultural Exemption.--Section 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 during planting and harvest 
        periods, as determined by each State 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 (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.''.

SEC. 4135. 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.

SEC. 4136. SPECIAL RULE FOR FISCAL YEAR 2004.

  In any case in which an amount is authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation for fiscal year 2004 for a program, project, or 
activity in any provision of this title, including an amendment made by 
this title, that is different than the amount authorized to be 
appropriated, made available, allocated, set aside, taken down, or 
subject to an obligation limitation for fiscal year 2004 for such 
program, project, or activity in any provision of the Surface 
Transportation Extension Act of 2004, Part IV (Public Law 108-280), 
including any amendment made by such Act, the amount referred to in 
such Act shall be the amount authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation.

               Subtitle B--Household Goods Transportation

SEC. 4201. FEDERAL-STATE RELATIONS RELATING TO TRANSPORTATION OF 
                    HOUSEHOLD GOODS.

  (a) Nonpreemption of Intrastate Transportation of Household Goods.--
Section 14501(c)(2)(B) of title 49, United States Code, is amended by 
inserting ``intrastate'' before ``transportation''.
  (b) Enforcement of Consumer Protection With Respect to Interstate 
Household Goods Carriers.--Chapter 145 of such title is amended by 
adding at the end the following:

``Sec. 14506. Enforcement of Federal regulations by State attorneys 
                    general

  ``(a) In General.--A State, as parens patriae, may bring a civil 
action on behalf of a resident of the State in an appropriate district 
court of the United States to enforce a regulation or order of the 
Secretary or Board--
          ``(1) to protect an individual shipper of household goods if 
        such regulation or order governs the delivery of the shipper's 
        household goods; or
          ``(2) to impose a civil penalty under section 14915 whenever 
        the attorney general of the State has reason to believe that 
        the interests of the residents of the State have been or are 
        being threatened or adversely affected by--
                  ``(A) a carrier or broker providing transportation of 
                household goods subject to jurisdiction under 
                subchapter I or III of chapter 135 who is committing 
                repeat violations of section 14915; or
                  ``(B) a foreign motor carrier providing 
                transportation of household goods who is registered 
                under section 13902 and who is committing repeat 
                violations of section 14915.
  ``(b) Limitation on Statutory Construction.--Nothing in this section 
shall be construed--
          ``(1) as preventing an attorney general from exercising the 
        powers conferred on the attorney general by the laws of such 
        State to conduct investigations or to administer oaths or 
        affirmations or to compel the attendance of witnesses or the 
        production of documentary and other evidence;
          ``(2) as prohibiting a State official from proceeding in 
        State court to enforce a criminal statute of the State;
          ``(3) as authorizing a State or political subdivision of a 
        State to bring an enforcement action under a consumer 
        protection law, regulation, or other provision of the State 
        relating to interstate transportation of household goods (as 
        defined in section 13102(10)(A)) with respect to an activity 
        that is inconsistent with Federal laws and regulations relating 
        to interstate transportation of household goods; or
          ``(4) as authorizing a State, as parens patriae, to bring a 
        class civil action on behalf of its residents to enforce a 
        regulation or order of the Secretary or Board.
  ``(c) Actions by the Secretary or Board.--Whenever a civil action has 
been instituted by or on behalf of the Secretary or Board for violation 
of section 14915, no State may, during the pendency of such action, 
institute a civil action under subsection (a) against any defendant 
named in the complaint relating to such violation.
  ``(d) Venue; Service of Process.--Any civil action to be brought 
under subsection (a) in a district court of the United States may be 
brought in the district in which the defendant is found, is an 
inhabitant, or transacts business or wherever venue is proper under 
section 1391 of title 28. Process in such an action may be served in 
any district in which the defendant is an inhabitant or in which the 
defendant may be found.''.
  (c) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``14506. Enforcement of Federal regulations by State attorneys 
general.''.

SEC. 4202. ARBITRATION REQUIREMENTS.

  (a) Offering Shippers Arbitration.--Section 14708(a) of title 49, 
United States Code, is amended by inserting before the period at the 
end the following: ``and to determine whether carrier charges, in 
addition to those collected at delivery, must be paid by the shipper 
for transportation and services related to the transportation of 
household goods''.
  (b) Threshold for Binding Arbitration.--Section 14708(b)(6) of such 
title is amended by striking ``$5,000'' each place it appears and 
inserting ``$10,000''.
  (c) Deadline for Decision.--Section 14708(b)(8) of such title is 
amended--
          (1) by striking ``and''; and
          (2) by inserting after ``for damages'' the following: ``, and 
        an order requiring the payment of additional carrier charges''.
  (d) Attorney's Fees to Shippers.--Section 14708(d)(3) of such title 
is amended--
          (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
          (2) by inserting before subparagraph (B) (as so redesignated) 
        the following:
          ``(A) the shipper was not advised by the carrier during the 
        claim settlement process that a dispute settlement program was 
        available to resolve the dispute;''.

SEC. 4203. CIVIL PENALTIES RELATING TO HOUSEHOLD GOODS BROKERS AND 
                    UNAUTHORIZED TRANSPORTATION.

  Section 14901(d) of title 49, United States Code, is amended--
          (1) by striking ``If a carrier'' and inserting the following:
          ``(1) In general.--If a carrier''; and
          (2) by adding at the end the following:
          ``(2) Estimate of broker without carrier agreement.--If a 
        broker for transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 makes an 
        estimate of the cost of transporting any such goods before 
        entering into an agreement with a carrier to provide 
        transportation of household goods subject to such jurisdiction, 
        the broker is liable to the United States for a civil penalty 
        of not less than $10,000 for each violation.
          ``(3) Unauthorized transportation.--If a person provides 
        transportation of household goods subject to jurisdiction under 
        subchapter I of chapter 135 or provides broker services for 
        such transportation without being registered under chapter 139 
        to provide such transportation or services as a motor carrier 
        or broker, as the case may be, such person is liable to the 
        United States for a civil penalty of not less than $25,000 for 
        each violation.''.

SEC. 4204. CIVIL PENALTY FOR HOLDING HOUSEHOLD GOODS HOSTAGE.

  (a) In General.--Chapter 149 of title 49, United States Code, is 
amended by adding at the end the following:

``Sec. 14915. Holding household goods hostage

  ``(a) Holding Household Goods Hostage Defined.--For purposes of this 
section, the term `holding household goods hostage' means the knowing 
and willful refusal to relinquish possession of a shipment of household 
goods described in section 13102(10)(A) upon payment of not more than 
100 percent of a binding estimate (or, in the case of a nonbinding 
estimate, not more than 110 percent of the estimated charges for such 
shipment).
  ``(b) Civil Penalty.--Whoever is found holding a household goods 
shipment hostage is liable to the United States for a civil penalty of 
not less than $10,000 for each violation. If such person is a carrier 
or broker, the Secretary may suspend for a period of not less than 6 
months the registration of such carrier or broker under chapter 139.''.
  (b) Conforming Amendment.--The analysis for such chapter is amended 
by adding at the end the following:

``14915. Holding household goods hostage.''.

SEC. 4205. WORKING GROUP FOR DEVELOPMENT OF PRACTICES AND PROCEDURES TO 
                    ENHANCE FEDERAL-STATE RELATIONS.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall establish a working group of State 
attorneys general, State consumer protection administrators, and 
Federal and local law enforcement officials for the purpose of 
developing practices and procedures to enhance the Federal-State 
partnership in enforcement efforts, exchange of information, and 
coordination of enforcement efforts with respect to interstate 
transportation of household goods and of making legislative and 
regulatory recommendations to the Secretary concerning such enforcement 
efforts.
  (b) Consultation.--In carrying out subsection (a), the working group 
shall consult with industries involved in the transportation of 
household goods.
  (c) Federal Advisory Committee Act Exemption.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the working group 
established under subsection (a).
  (d) Termination Date.--The working group shall remain in effect until 
September 30, 2009.

SEC. 4206. CONSUMER HANDBOOK ON DOT WEB SITE.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall take such action as may be necessary to ensure that 
publication ESA 03005 of the Federal Motor Carrier Safety 
Administration entitled ``Your Rights and Responsibilities When You 
Move'', is prominently displayed, and available in language that is 
readily understandable by the general public, on the Web site of the 
Department of Transportation.

SEC. 4207. RELEASE OF HOUSEHOLD GOODS BROKER INFORMATION.

  Not later than 1 year after the date of enactment of this Act, the 
Secretary shall modify the regulations contained in part 375 of title 
49, Code of Federal Regulations, to require a broker that is subject to 
such regulations to provide shippers with the following information 
whenever they have contact with a shipper or potential shipper:
          (1) The Department of Transportation number of the broker.
          (2) The ESA 03005 publication referred to in section 4206 of 
        this Act.
          (3) A list of all motor carriers providing transportation of 
        household goods used by the broker and a statement that the 
        broker is not a motor carrier providing transportation of 
        household goods.

SEC. 4208. CONSUMER COMPLAINT INFORMATION.

  (a) Establishment of System.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall--
          (1) establish a system for filing and logging consumer 
        complaints relating to motor carriers providing transportation 
        of household goods and for compiling complaint information 
        gathered by the Department of Transportation and the States 
        with regard to such carriers, a database of the complaints, and 
        a procedure for the public to have access to aggregated 
        information and for carriers to challenge duplicate or 
        fraudulent information in the database; and
          (2) issue regulations requiring each motor carrier of 
        household goods to submit on a quarterly basis a report 
        summarizing--
                  (A) the number of shipments that originate and are 
                delivered for individual shippers during the reporting 
                period by the carrier;
                  (B) the number and general category of complaints 
                lodged by consumers with the carrier;
                  (C) the number of claims filed with the carrier for 
                loss and damage in excess of $500;
                  (D) the number of such claims resolved during the 
                reporting period;
                  (E) the number of such claims declined in the 
                reporting period; and
                  (F) the number of such claims that are pending at the 
                close of the reporting period.
  (b) Use of Information.--The Secretary shall consider information in 
the data base established under subsection (a) in its household goods 
compliance and enforcement program.

SEC. 4209. INSURANCE REGULATIONS.

  (a) Review.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall undertake a review of the current Federal 
regulations regarding insurance coverage provided by motor carriers 
providing transportation of household goods and revise such regulations 
in order to provide enhanced protection for shippers in the case of 
loss or damage as determined necessary.
  (b) Determinations.--The review shall include, but not be limited to, 
a determination of--
          (1) whether the current regulations provide adequate 
        protection for shippers;
          (2) whether an individual shipper should purchase insurance 
        as opposed to the carrier; and
          (3) whether there are abuses of the current regulations that 
        leave the shipper unprotected in loss and damage claims.

SEC. 4210. ESTIMATING REQUIREMENTS.

  Section 14104(b)(1) of title 49, United States Code, is amended to 
read as follows:
          ``(1) Required to be in writing.--
                  ``(A) In general.--Except as otherwise provided in 
                this subsection, every motor carrier providing 
                transportation of household goods described in section 
                13102(10)(A) subject to jurisdiction under subchapter I 
                of chapter 135 shall conduct a physical survey of the 
                household goods to be transported on behalf of a 
                prospective individual shipper and shall provide the 
                shipper with a written estimate of charges for the 
                transportation and all related services.
                  ``(B) Waiver.--A shipper may elect to waive a 
                physical survey under this paragraph by written 
                agreement signed by the shipper before the shipment is 
                loaded. A copy of the waiver agreement must be retained 
                as an addendum to the bill of lading and shall be 
                subject to the same record inspection and preservation 
                requirements of the Secretary as are applicable to 
                bills of lading.
                  ``(C) Estimate.--
                          ``(i) In general.--Notwithstanding a waiver 
                        under subparagraph (B), a carrier's statement 
                        of charges for transportation must be submitted 
                        to the shipper in writing and must indicate 
                        whether it is binding or nonbinding.
                          ``(ii) Binding.--A binding estimate under 
                        this paragraph must indicate that the carrier 
                        and shipper are bound by such charges. The 
                        carrier may impose a charge for providing a 
                        written binding estimate.
                          ``(iii) Nonbinding.--A nonbinding estimate 
                        under this paragraph must indicate that the 
                        actual charges will be based upon the actual 
                        weight of the individual shipper's shipment and 
                        the carrier's lawful tariff charges. The 
                        carrier may not impose a charge for providing a 
                        nonbinding estimate.''.

SEC. 4211. APPLICATION OF STATE CONSUMER PROTECTION LAWS TO CERTAIN 
                    HOUSEHOLD GOODS CARRIERS.

  (a) Study.--The Comptroller General shall conduct a study on the 
current consumer protection authorities and actions of the Department 
of Transportation and the impact on shippers and carriers of household 
goods involved in interstate transportation of allowing State attorneys 
general to apply State consumer protection laws to such transportation.
  (b) Matters to Be Considered.--In conducting the study, the 
Comptroller General shall consider, at a minimum--
          (1) the level of consumer protection being provided to 
        consumers through Federal household goods regulations and how 
        household goods regulations relating to consumer protection 
        compare to regulations relating to consumer protection for 
        other modes of transportation regulated by the Department of 
        Transportation;
          (2) the history and background of State enforcement of State 
        consumer protection laws on household goods carriers providing 
        intrastate transportation and what effects such laws have on 
        the ability of intrastate household goods carriers to operate;
          (3) what operational impacts, if any, would result on 
        household goods carriers engaged in interstate commerce being 
        subject to the State consumer protection laws; and
          (4) the potential for States to regulate rates or other 
        business operations if State consumer protection laws applied 
        to interstate household goods movements.
  (c) Consultation.--In conducting the study, the Comptroller General 
shall consult with the Secretary, State attorneys general, consumer 
protection agencies, and the household goods industry.
  (d) Report.--Not later than 18 months after the date of enactment of 
this Act, the Comptroller General shall transmit to the Committee of 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science and Transportation of the Senate a 
report on the results of the study.

SEC. 4212. APPLICABILITY TO HOUSEHOLD GOODS MOTOR CARRIERS.

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

SEC. 4213. VIOLATIONS OF OUT-OF-SERVICE ORDERS.

  Section 31310(i)(2) of title 49, United States Code, is amended by 
adding at the end the following:
          ``(D) an employer that knowingly and willfully allows or 
        requires an employee to operate a commercial motor vehicle in 
        violation of an out-of-service order shall, upon conviction, be 
        subject for each offense to imprisonment for a term not to 
        exceed one year or a fine under title 18, or both.''.

SEC. 4214. CRIMINAL PENALTY FOR HOLDING GOODS HOSTAGE .

  Section 14915 of title 49, United States Code, as added by section 
4204 of this Act is amended by adding at the end the following:
  ``(c) Criminal Penalty.--A motor carrier that has been convicted of 
knowingly and willfully holding household goods hostage by falsifying 
documents or demanding the payment of charges for services that were 
not performed or were not necessary in the safe and adequate movement 
of a shipment of household goods shall be fined under title 18, or 
imprisoned not more than 2 years, or both.''.

             TITLE V--TRANSPORTATION RESEARCH AND EDUCATION

                          Subtitle A--Funding

SEC. 5101. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--The following sums are authorized to be appropriated 
out of the Highway Trust Fund (other than the Mass Transit Account):
          (1) Surface transportation research, development, and 
        deployment program.--To carry out sections 502, 503, 506, 507, 
        509, and 510 of title 23, United States Code, and sections 
        5207, 5210, 5211, and 5402 of this title--
                  (A) $169,000,000 for fiscal year 2004;
                  (B) $239,500,000 for fiscal year 2005;
                  (C) $239,500,000 for fiscal year 2006;
                  (D) $239,500,000 for fiscal year 2007;
                  (E) $239,500,000 for fiscal year 2008; and
                  (F) $239,500,000 for fiscal year 2009.
          (2) Training and education.--To carry out section 504 of 
        title 23, United States Code, and section 5211 of this Act, 
        $24,500,000 for fiscal year 2004 and $33,500,000 for each of 
        fiscal years 2005 through 2009.
          (3) Bureau of transportation statistics.--For the Bureau of 
        Transportation Statistics to carry out section 111 of title 49, 
        United States Code, $31,000,000 for fiscal year 2004 and 
        $33,000,000 for each of fiscal years 2005 through 2009.
          (4) University transportation research.--To carry out 
        sections 5505 and 5506 of title 49, United States Code, 
        $54,500,000 for fiscal year 2004 and $71,000,000 for each of 
        fiscal years 2005 through 2009.
          (5) Intelligent transportation systems (its) research.--To 
        carry out subtitle F of this title, $115,000,000 for each of 
        fiscal years 2004 through 2009.
          (6) ITS deployment.--To carry out sections 5208 and 5209 of 
        the Transportation Equity Act for the 21st Century (112 Stat. 
        458; 112 Stat. 460), $100,000,000 for fiscal years 2004 and 
        2005.
  (b) Applicability of Title 23, United States Code.--Funds authorized 
to be appropriated by subsection (a) shall be available for obligation 
in the same manner as if such funds were apportioned under chapter 1 of 
title 23, United States Code; except that the Federal share of the cost 
of a project or activity carried out using such funds shall be 50 
percent, unless otherwise expressly provided by this Act (including the 
amendments made by this Act) or otherwise determined by the Secretary, 
and such funds shall remain available until expended and shall not be 
transferable.

SEC. 5102. OBLIGATION CEILING.

  Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Highway Trust Fund 
(other than the Mass Transit Account) by sections 5101(a) and 5401 of 
this Act shall not exceed $483,000,000 for fiscal year 2004, 
$484,000,000 for fiscal year 2005, $485,000,000 for fiscal year 2006, 
$485,000,000 for fiscal year 2007, $486,000,000 for fiscal year 2008, 
and $487,000,000 for fiscal year 2009.

SEC. 5103. FINDINGS.

  Congress finds the following:
          (1) Research and development are critical to developing and 
        maintaining a transportation system that meets the goals of 
        safety, mobility, economic vitality, efficiency, equity, and 
        environmental protection.
          (2) Federally sponsored surface transportation research and 
        development has produced many successes. The development of 
        rumble strips has increased safety; research on materials has 
        increased the lifespan of pavements, saving money and reducing 
        the disruption caused by construction; and Geographic 
        Information Systems have improved the management and efficiency 
        of transit fleets.
          (3) Despite these important successes, the Federal surface 
        transportation research and development investment represents 
        less than one percent of overall government spending on surface 
        transportation.
          (4) While Congress increased funding for overall 
        transportation programs by about 40 percent in the 
        Transportation Equity Act for the 21st Century, funding for 
        transportation research and development remained relatively 
        flat.
          (5) The Federal investment in research and development should 
        be balanced between short-term applied and long-term 
        fundamental research and development. The investment should 
        also cover a wide range of research areas, including research 
        on materials and construction, research on operations, research 
        on transportation trends and human factors, and research 
        addressing the institutional barriers to deployment of new 
        technologies.
          (6) Therefore, Congress finds that it is in the United States 
        interest to increase the Federal investment in transportation 
        research and development, and to conduct research in critical 
        research gaps, in order to ensure that the transportation 
        system meets the goals of safety, mobility, economic vitality, 
        efficiency, equity, and environmental protection.

            Subtitle B--Research, Technology, and Education

SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION.

  (a) Research, Technology, and Education.--Title 23, United States 
Code, is amended--
          (1) in the table of chapters by striking the item relating to 
        chapter 5 and inserting the following:

``5. RESEARCH, TECHNOLOGY, AND EDUCATION....................     501''.

          (2) by striking the heading for chapter 5 and inserting the 
        following:

          ``CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION''.

  (b) Statement of Principles Governing Research and Technology 
Investments.--Section 502 of such title is amended--
          (1) by redesignating subsections (a) through (g) as 
        subsections (b) through (h), respectively; and
          (2) by inserting before subsection (b) (as so redesignated) 
        the following:
  ``(a) Basic Principles Governing Research and Technology 
Investments.--
          ``(1) Coverage.--Surface transportation research and 
        technology development shall include all activities leading to 
        technology development and transfer, as well as the 
        introduction of new and innovative ideas, practices, and 
        approaches, through such mechanisms as field applications, 
        education and training, and technical support.
          ``(2) Federal responsibility.--Funding and conducting surface 
        transportation research and technology transfer activities 
        shall be considered a basic responsibility of the Federal 
        Government when the work--
                  ``(A) is of national significance;
                  ``(B) supports research in which there is a clear 
                public benefit and private sector investment is less 
                than optimal;
                  ``(C) supports a Federal stewardship role in assuring 
                that State and local governments use national resources 
                efficiently; or
                  ``(D) presents the best means to support Federal 
                policy goals compared to other policy alternatives.
          ``(3) Role.--Consistent with these Federal responsibilities, 
        the Secretary shall--
                  ``(A) conduct research;
                  ``(B) support and facilitate research and technology 
                transfer activities by State highway agencies;
                  ``(C) share results of completed research; and
                  ``(D) support and facilitate technology and 
                innovation deployment.
          ``(4) Program content.--A surface transportation research 
        program shall include--
                  ``(A) fundamental, long-term highway research;
                  ``(B) research aimed at significant highway research 
                gaps and emerging issues with national implications; 
                and
                  ``(C) research related to policy and planning.
          ``(5) Stakeholder input.--Federal surface transportation 
        research and development activities shall address the needs of 
        stakeholders. Stakeholders include States, metropolitan 
        planning organizations, local governments, the private sector, 
        researchers, research sponsors, and other affected parties, 
        including public interest groups.
          ``(6) Competition and peer review.--Except as otherwise 
        provided in this Act, the Secretary shall award all grants, 
        contracts, and cooperative agreements for research and 
        development under this Act based on open competition and peer 
        review of proposals.
          ``(7) Performance review and evaluation.--To the maximum 
        extent practicable, all surface transportation research and 
        development projects shall include a component of performance 
        measurement and evaluation. Performance measures shall be 
        established during the proposal stage of a research and 
        development project and shall, to the maximum extent possible, 
        be outcome-based. All evaluations shall be made readily 
        available to the public.''.
  (c) Procurement for Research, Development, and Technology Transfer 
Activities.--Section 502(b)(3) of such title (as redesignated by 
subsection (b) of this section) is amended to read as follows:
          ``(3) Cooperation, grants, and contracts.--The Secretary may 
        carry out research, development, and technology transfer 
        activities related to transportation--
                  ``(A) independently;
                  ``(B) in cooperation with other Federal departments, 
                agencies, and instrumentalities and Federal 
                laboratories; or
                  ``(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with one or more of the following: the 
                National Academy of Sciences, the American Association 
                of State Highway and Transportation Officials, any 
                Federal laboratory, Federal agency, State agency, 
                authority, association, institution, for-profit or 
                nonprofit corporation, organization, foreign country, 
                any other person.''.
  (d) Transportation Pooled Fund Program.--Section 502(b) of such title 
(as redesignated by subsection (b) of this section), is amended by 
adding at the end the following:
          ``(6) Pooled funding.--
                  ``(A) Cooperation.--To promote effective utilization 
                of available resources, the Secretary may cooperate 
                with a State and an appropriate agency in funding 
                research, development, and technology transfer 
                activities of mutual interest on a pooled funds basis.
                  ``(B) Secretary as agent.--The Secretary may enter 
                into contracts, cooperative agreements, grants, and 
                other transactions as agent for all participating 
                parties in carrying out such research, development, or 
                technology transfer.''.
  (e) Operations Elements in Research Activities.--Section 502 of such 
title is further amended--
          (1) in subsection (b)(1)(B) (as redesignated by subsection 
        (b) of this section) by inserting ``transportation system 
        management and operations,'' after ``operation,''.
          (2) in subsection (d)(5)(C) (as redesignated by subsection 
        (b) of this section) by inserting ``system management and'' 
        after ``transportation''; and
          (3) by inserting at the end of subsection (d) (as 
        redesignated by subsection (b) of this section) the following:
          ``(12) Investigation and development of various operational 
        methodologies to reduce the occurrence and impact of recurrent 
        congestion and nonrecurrent congestion and increase 
        transportation system reliability.
          ``(13) Investigation of processes, procedures, and 
        technologies to secure container and hazardous material 
        transport, including the evaluation of regulations and the 
        impact of good security practices on commerce and productivity.
          ``(14) Research, development, and technology transfer related 
        to asset management.''.
  (f) Facilitating Transportation Research and Technology Deployment 
Partnerships.--Section 502(c)(2) of such title (as redesignated by 
subsection (b) of this section) is amended to read as follows:
          ``(2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the Secretary may 
        directly initiate contracts, cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3710a)), and other transactions to fund, and accept funds from, 
        the Transportation Research Board of the National Research 
        Council of the National Academy of Sciences, State departments 
        of transportation, cities, counties, and their agents to 
        conduct joint transportation research and technology 
        efforts.''.
  (g) Exploratory Advanced Research Program.--Section 502(e) of such 
title (as redesignated by subsection (b) of this section) is amended to 
read as follows:
  ``(e) Exploratory Advanced Research.--
          ``(1) In general.--The Secretary shall establish an 
        exploratory advanced research program, consistent with the 
        surface transportation research and technology development 
        strategic plan developed under section 508 that involves and 
        draws upon basic research results to provide a better 
        understanding of problems and develop innovative solutions. In 
        carrying out the program, the Secretary shall strive to develop 
        partnerships with public and private sector entities.
          ``(2) Research areas.--In carrying out the program, the 
        Secretary may make grants and enter into cooperative agreements 
        and contracts in such areas of surface transportation research 
        and technology as the Secretary determines appropriate, 
        including the following:
                  ``(A) Characterization of materials used in highway 
                infrastructure, including analytical techniques, 
                microstructure modeling, and the deterioration 
                processes.
                  ``(B) Assessment of the effects of transportation 
                decisions on human health.
                  ``(C) Development of surrogate measures of safety.
                  ``(D) Environmental research.
                  ``(E) Data acquisition techniques for system 
                condition and performance monitoring.
                  ``(F) System performance data and information 
                processing needed to assess the day-to-day operational 
                performance of the system in support of hour-to-hour 
                operational decisionmaking.''.
  (h) Long-Term Pavement Performance Program.--
          (1) In general.--Section 502(f) of such title (as 
        redesignated by subsection (b) of this section) is amended to 
        read as follows:
  ``(f) Long-Term Pavement Performance Program.--
          ``(1) Authority.--The Secretary shall complete the 20-year 
        long-term pavement performance program tests initiated under 
        the strategic highway research program established under 
        section 307(d) (as in effect on June 8, 1998).
          ``(2) Grants, cooperative agreements, and contracts.--Under 
        the program, the Secretary shall make grants and enter into 
        cooperative agreements and contracts to--
                  ``(A) monitor, material-test, and evaluate highway 
                test sections in existence as of the date of the grant, 
                agreement, or contract;
                  ``(B) analyze the data obtained under subparagraph 
                (A); and
                  ``(C) prepare products to fulfill program objectives 
                and meet future pavement technology needs.''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $10,000,000 for fiscal year 2004 and 
        $21,000,000 for each of fiscal years 2005 through 2009 shall be 
        available to carry out section 502(f) of title 23, United 
        States Code.
  (i) Turner-Fairbank Highway Research Center.--Section 502 of title 
23, United States Code, is further amended by adding at the end the 
following:
  ``(i) Turner-Fairbank Highway Research Center.--
          ``(1) In general.--The Secretary shall operate in the Federal 
        Highway Administration a Turner-Fairbank Highway Research 
        Center.
          ``(2) Uses of the center.--The Turner-Fairbank Highway 
        Research Center shall support--
                  ``(A) the conduct of highway research and development 
                related to new highway technology;
                  ``(B) the development of understandings, tools, and 
                techniques that provide solutions to complex technical 
                problems through the development of economical and 
                environmentally sensitive designs, efficient and 
                quality-controlled construction practices, and durable 
                materials; and
                  ``(C) the development of innovative highway products 
                and practices.''.
  (j) University Funding.--Except as otherwise provided in this title 
and any amendments made by this title, the Secretary may not provide 
financial assistance to a university under section 5101 unless the 
university is selected to receive such funds through a competitive 
process that incorporates merit-based peer review and the selection is 
based on a proposal submitted to the Secretary by the university in 
response to a request for proposals issued by the Secretary.

SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; INNOVATIVE BRIDGE 
                    RESEARCH AND DEPLOYMENT PROGRAM.

  (a) Long-Term Bridge Performance Program.--
          (1) In general.--Section 502 of title 23, United States Code, 
        is further amended by adding at the end the following:
  ``(j) Long-Term Bridge Performance Program.--
          ``(1) Authority.--The Secretary shall establish a 20-year 
        long-term bridge performance program.
          ``(2) Grants, cooperative agreements, and contracts.--Under 
        the program, the Secretary shall make grants and enter into 
        cooperative agreements and contracts to--
                  ``(A) monitor, material-test, and evaluate test 
                bridges;
                  ``(B) analyze the data obtained under subparagraph 
                (A); and
                  ``(C) prepare products to fulfill program objectives 
                and meet future bridge technology needs.''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and 
        $15,000,000 for each of fiscal years 2005 through 2009 shall be 
        available to carry out section 502(j) of title 23, United 
        States Code.
  (b) Innovative Bridge Research and Deployment Program.--
          (1) In general.--Section 503(b)(1) of such title is amended 
        to read as follows:
          ``(1) In general.--The Secretary shall establish and carry 
        out a program to promote, demonstrate, evaluate, and document 
        the application of innovative designs, materials, and 
        construction methods in the construction, repair, and 
        rehabilitation of bridges and other highway structures.''.
          (2) Goals.--Section 503(b)(2) of such title is amended to 
        read as follows:
          ``(2) Goals.--The goals of the program shall include--
                  ``(A) the development of new, cost-effective, 
                innovative highway bridge applications;
                  ``(B) the development of construction techniques to 
                increase safety and reduce construction time and 
                traffic congestion;
                  ``(C) the development of engineering design criteria 
                for innovative products, materials, and structural 
                systems for use in highway bridges and structures;
                  ``(D) the reduction of maintenance costs and life-
                cycle costs of bridges, including the costs of new 
                construction, replacement, or rehabilitation of 
                deficient bridges;
                  ``(E) the development of highway bridges and 
                structures that will withstand natural disasters;
                  ``(F) the documentation and wide dissemination of 
                objective evaluations of the performance and benefits 
                of these innovative designs, materials, and 
                construction methods;
                  ``(G) the effective transfer of resulting information 
                and technology; and
                  ``(H) the development of improved methods to detect 
                bridge scour and economical bridge foundation designs 
                that will withstand bridge scour.''.
          (3) Funding.--
                  (A) In general.--Of the amounts made available by 
                section 5101(a)(1) of this Act, $20,000,000 for each of 
                fiscal years 2004 through 2009 shall be available to 
                carry out section 503(b) of title 23, United States 
                Code; and
                  (B) High performance concrete bridge technology 
                research and deployment.--The Secretary shall obligate 
                $2,000,000 of the amount described in subparagraph (A) 
                for each of fiscal years 2004 through 2009 to conduct 
                research and deploy technology related to high-
                performance concrete bridges.

SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND PLANNING COOPERATIVE 
                    RESEARCH PROGRAM.

  (a) In General.--Section 507 of title 23, United States Code, is 
amended to read as follows:

``Sec. 507. Surface Transportation environment and planning cooperative 
                    research program

  ``(a) Establishment.--The Secretary shall establish and carry out a 
collaborative, public-private surface transportation environment and 
planning cooperative research program.
  ``(b) Agreement.--The Secretary shall enter into an agreement with 
the National Academy of Sciences to carry out administrative and 
management activities relating to the governance of the surface 
transportation environment and planning cooperative research program.
  ``(c) Advisory Committee.--
          ``(1) Establishment.--The Secretary shall establish a 
        committee that will be responsible for program oversight and 
        project selection.
          ``(2) Membership.--The members of the committee shall be 
        appointed by the Secretary and shall be composed of--
                  ``(A) representatives of State, regional, and local 
                transportation agencies, including transit agencies;
                  ``(B) representatives of State environmental agencies 
                and other environmental organizations;
                  ``(C) representatives of the transportation private 
                sector;
                  ``(D) transportation and environmental scientists and 
                engineers; and
                  ``(E) representatives of the Federal Highway 
                Administration, Federal Transit Administration, 
                Environmental Protection Agency, United States Fish and 
                Wildlife Service, Corps of Engineers, American 
                Association of State Highway and Transportation 
                Officials, and American Public Transportation 
                Association, who shall serve in an ex officio capacity.
          ``(3) Balance.--The majority of the committee's voting 
        members shall be representatives of government transportation 
        agencies.
          ``(4) Meetings.--The National Academy of Sciences shall 
        convene meetings of the committee.
  ``(d) Governance.--The program established under this section shall 
include the following administrative and management elements:
          ``(1) National research agenda.--The advisory committee, in 
        consultation with interested parties, shall carry out and 
        periodically update research and development called for in the 
        Transportation Research Board Special Report 268, entitled 
        `Surface Transportation Environmental Research: A Long-Term 
        Strategy' and published in 2002, as described in subsection 
        (e). The national research agenda shall include a multiyear 
        strategic plan.
          ``(2) Involvement.--Interested parties may--
                  ``(A) submit research proposals;
                  ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                  ``(C) receive research results.
          ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award under 
        the program research contracts and grants through open 
        competition and merit review conducted on a regular basis.
          ``(4) Evaluation of research.--
                  ``(A) Peer review.--Research contracts and grants may 
                allow peer review of the research results.
                  ``(B) Programmatic evaluations.--The National Academy 
                of Sciences may conduct periodic programmatic 
                evaluations on a regular basis.
          ``(5) Dissemination of research findings.--The National 
        Academy of Sciences shall disseminate research findings to 
        researchers, practitioners, and decisionmakers, through 
        conferences and seminars, field demonstrations, workshops, 
        training programs, presentations, testimony to government 
        officials, World Wide Web, and publications for the general 
        public.
  ``(e) Contents.--The national research agenda for the program 
required under subsection (d)(1) shall include research in the 
following areas for the purposes described:
          ``(1) Human health.--Human health to establish the links 
        between transportation activities and human health; 
        substantiate the linkages between exposure to concentration 
        levels, emissions, and health impacts; examine the potential 
        health impacts from the implementation and operation of 
        transportation infrastructure and services; develop strategies 
        for avoidance and reduction of these impacts; and develop 
        strategies to understand the economic value of health 
        improvements and for incorporating health considerations into 
        valuation methods.
          ``(2) Ecology and natural systems.--Ecology and natural 
        systems to measure transportation's short- and long-term impact 
        on natural systems; develop ecologically based performance 
        measures; develop insight into both the spatial and temporal 
        issues associated with transportation and natural systems; 
        study the relationship between highway density and ecosystem 
        integrity, including the impacts of highway density on habitat 
        integrity and overall ecosystem health; develop a rapid 
        assessment methodology for use by transportation and regulatory 
        agencies in determining the relationship between highway 
        density and ecosystem integrity; and develop ecologically based 
        performance techniques to evaluate the success of highway 
        project mitigation and enhancement measures.
          ``(3) Environmental and socioeconomic relationships.--
        Environmental and socioeconomic relationships to understand 
        differences in mobility, access, travel behavior, and travel 
        preferences across socioeconomic groups; develop improved 
        planning approaches that better reflect and respond to 
        community needs; improve evaluation methods for examining the 
        incidence of benefits and costs; examine the differential 
        impacts of current methods of finance and explore alternatives; 
        understand the socioeconomic implications of emerging land 
        development patterns and new transportation technologies; 
        develop cost-effective applications of technology that improve 
        the equity of the transport system; and develop improved 
        methods for community involvement, collaborative planning, and 
        conflict resolution.
          ``(4) Emerging technologies.--Emerging technologies to assist 
        in the transition to environmentally benign fuels and vehicles 
        for passengers and freight; develop responses to and demand for 
        new technologies that could offer improved environmental 
        performance; identify possible applications of intelligent 
        transportation systems technologies for environmental benefit; 
        develop policy instruments that would encourage the development 
        of beneficial new technologies in a cost-effective manner; and 
        respond to the impact of new technologies.
          ``(5) Land use.--Land use to assess land consumption trends 
        and contributing factors of transportation investment, housing 
        policies, school quality, and consumer preferences; incorporate 
        impacts of transportation investments on location decision and 
        land use; identify the costs and benefits of current 
        development patterns and their transportation implications; 
        determine the effect of the built environment on people's 
        willingness to walk, drive, or take public transportation; 
        determine the roles of public policy and institutional 
        arrangements in current and prospective land use and 
        transportation choices; and develop improved data, methods, and 
        processes for considering land use, transportation, and the 
        environment in an integrated, systematic fashion.
          ``(6) Planning and performance measures.--Planning and 
        performance measures to improve understanding of travel needs 
        and preferences; improve planning methods for system analysis, 
        forecasting, and decisionmaking; expand information on consumer 
        choice processes and travel and activity patterns for both 
        local and long-distance trips and both passenger and freight 
        transportation analysis of social, environmental, and economic 
        benefits and cost of various transport options; develop tools 
        for measuring and forecasting complex transportation decisions 
        for all modes and users; and develop performance measures and 
        policy analysis approaches that can be used to determine 
        effectiveness.
          ``(7) Other research areas.--Other research areas to identify 
        and address the emerging and future surface transportation 
        research needs related to planning and environment.
  ``(f) Federal Share.--The Federal share of the cost of an activity 
carried out under this section shall be up to 100 percent, and such 
funds shall remain available until expended.
  ``(g) Use of Non-Federal Funds.--In addition to using funds 
authorized to be appropriated to carry out this section, the National 
Academy of Sciences may seek and accept additional funding sources to 
carry out this section from public and private entities capable of 
attracting and accepting funding from the Department of Transportation, 
Environmental Protection Agency, Department of Energy, United States 
Fish and Wildlife Service, and other Federal environmental agencies, 
States, local governments, nonprofit foundations, and the private 
sector.''.
  (b) Conforming Amendment.--The analysis for chapter 5 of such title 
is amended by striking the item relating to section 507 and inserting 
the following:

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

  (c) Funding.--Of the amounts made available by section 5101(a)(1) of 
this Act, $5,000,000 for fiscal year 2004 and $15,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out section 
507 of title 23, United States Code.

SEC. 5204. TECHNOLOGY DEPLOYMENT.

  (a) Technology Deployment Program.--Section 503(a) of title 23, 
United States Code, is amended--
          (1) in the subsection heading by striking ``Initiatives and 
        Partnerships'';
          (2) by striking paragraph (1) and inserting the following:
          ``(1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment program.'';
          (3) by striking paragraph (7) and inserting the following:
          ``(7) Grants, cooperative agreements, and contracts.--
                  ``(A) In general.--Under the program, the Secretary 
                shall make grants to, and enter into cooperative 
                agreements and contracts with, States, other Federal 
                agencies, universities and colleges, private sector 
                entities, and nonprofit organizations to pay the 
                Federal share of the cost of research, development, and 
                technology transfer activities concerning innovative 
                materials.
                  ``(B) Applications.--To receive a grant under this 
                subsection, an entity described in subparagraph (A) 
                shall submit an application to the Secretary. The 
                application shall be in such form and contain such 
                information as the Secretary may require. The Secretary 
                shall select and approve an application based on 
                whether the project that is the subject of the grant 
                meets the purpose of the program described in paragraph 
                (2).''; and
          (4) by striking paragraph (8) and inserting the following:
          ``(8) Technology and information transfer.--The Secretary 
        shall ensure that the information and technology resulting from 
        research conducted under paragraph (7) is made available to 
        State and local transportation departments and other interested 
        parties as specified by the Secretary.''.
  (b) Innovative Pavement Research and Deployment Program.--
          (1) In general.--Section 503 of such title is further amended 
        by adding at the end the following:
  ``(c) Innovative Pavement Research and Deployment Program.--
          ``(1) In general.--The Secretary shall establish and 
        implement a program to promote, demonstrate, support, and 
        document the application of innovative pavement technologies, 
        practices, performance, and benefits.
          ``(2) Goals.--The goals of the innovative pavement research 
        and deployment program shall include--
                  ``(A) the deployment of new, cost-effective, 
                innovative designs, materials, recycled materials 
                (including taconite tailings and foundry sand), and 
                practices to extend pavement life and performance and 
                to improve customer satisfaction;
                  ``(B) the reduction of initial costs and life-cycle 
                costs of pavements, including the costs of new 
                construction, replacement, maintenance, and 
                rehabilitation;
                  ``(C) the deployment of accelerated construction 
                techniques to increase safety and reduce construction 
                time and traffic disruption and congestion;
                  ``(D) the deployment of engineering design criteria 
                and specifications for innovative practices, products, 
                and materials for use in highway pavements;
                  ``(E) the deployment of new nondestructive and real-
                time pavement evaluation technologies and techniques;
                  ``(F) the evaluation, refinement, and documentation 
                of the performance and benefits of innovative 
                technologies deployed to improve life, performance, 
                cost effectiveness, safety, and customer satisfaction;
                  ``(G) effective technology transfer and information 
                dissemination to accelerate implementation of 
                innovative technologies and to improve life, 
                performance, cost effectiveness, safety, and customer 
                satisfaction; and
                  ``(H) the development of designs and materials to 
                reduce storm water runoff.
          ``(3) Research to improve nhs pavement.--The Secretary shall 
        obligate not less than $2,000,000 for fiscal year 2004 and 
        $6,000,000 for each of fiscal years 2005 through 2009 from 
        funds made available to carry out this subsection to conduct 
        research to improve asphalt pavement, concrete pavement, and 
        aggregates used in highways on the National Highway System.''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and 
        $15,000,000 for each of fiscal years 2005 through 2009 shall be 
        available to carry out section 503(c) of title 23, United 
        States Code.
  (c) Safety Innovation Deployment Program.--
          (1) In general.--Section 503 of such title is further amended 
        by adding the following:
  ``(d) Safety Innovation Deployment Program.--
          ``(1) In general.--The Secretary shall establish and 
        implement a program to demonstrate the application of 
        innovative technologies in highway safety.
          ``(2) Goals.--The goals of the program shall include--
                  ``(A) the deployment and evaluation of safety 
                technologies and innovations at State and local levels; 
                and
                  ``(B) the deployment of best practices in training, 
                management, design, and planning.
          ``(3) Grants, cooperative agreements, and contracts.--
                  ``(A) In general.--Under the program, the Secretary 
                shall make grants to, and enter into cooperative 
                agreements and contracts with, States, other Federal 
                agencies, universities and colleges, private sector 
                entities, and nonprofit organizations for research, 
                development, and technology transfer for innovative 
                safety technologies.
                  ``(B) Applications.--To receive a grant under this 
                subsection, an entity described in subparagraph (A) 
                shall submit an application to the Secretary. The 
                application shall be in such form and contain such 
                information as the Secretary may require. The Secretary 
                shall select and approve the applications based on 
                whether the project that is the subject of the 
                application meets the goals of the program described in 
                paragraph (2).
          ``(4) Technology and information transfer.--The Secretary 
        shall take such action as is necessary to ensure that the 
        information and technology resulting from research conducted 
        under paragraph (3) is made available to State and local 
        transportation departments and other interested parties as 
        specified by the Secretary.''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(1) of this Act, $5,000,000 for fiscal year 2004 and 
        $15,000,000 for each of fiscal years 2005 through 2009 shall be 
        available to carry out section 503(d) of title 23, United 
        States Code.
  (d) Authority to Purchase Promotional Items.--Section 503 of such 
title is further amended by adding at the end the following:
  ``(e) Promotional Authority.--Funds authorized to be appropriated for 
necessary expenses for administration and operation of the Federal 
Highway Administration shall be available to purchase promotional items 
of nominal value for use in the recruitment of individuals and to 
promote the programs of the Federal Highway Administration.''.
  (e) Wood Composite Materials Demonstration Project.--
          (1) Funding.--Of the funds made available to carry out 
        section 5101(a)(1), $1,000,000 shall be made available by the 
        Secretary for each of fiscal years 2005 and 2006 for conducting 
        a demonstration of the durability and potential effectiveness 
        of wood composite materials in multimodal transportation 
        facilities.
          (2) Federal share.--The Federal share of the cost of the 
        demonstration under paragraph (1) shall be 100 percent.

SEC. 5205. TRAINING AND EDUCATION.

  (a) National Highway Institute.--
          (1) In general.--Section 504(a)(3) of title 23, United States 
        Code, is amended to read as follows:
          ``(3) Courses.--The Institute may develop and administer 
        courses in modern developments, techniques, methods, 
        regulations, management, and procedures in areas, including 
        surface transportation, environmental mitigation, compliance, 
        stewardship, and streamlining, acquisition of rights-of-way, 
        relocation assistance, engineering, safety, transportation 
        system management and operations, construction, maintenance, 
        contract administration, inspection, and highway finance.''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(2) of this Act, $8,000,000 for fiscal year 2004 and 
        $8,500,000 for each of fiscal years 2005 through 2009 shall be 
        available to carry out section 504(a) of title 23, United 
        States Code.
  (b) Local Technical Assistance Program.--
          (1) In general.--Section 504(b) of such title is amended by 
        adding at the end the following:
          ``(3) Federal share.--
                  ``(A) Grants.--A grant under this subsection may be 
                used to pay up to 50 percent of local technical 
                assistance program costs. Funds available for 
                technology transfer and training purposes under this 
                title and title 49 may be used to cover the remaining 
                50 percent of the program costs.
                  ``(B) Tribal technical assistance centers.--The 
                Federal share of the cost of activities carried out by 
                the tribal technical assistance centers under paragraph 
                (2)(D)(ii) shall be 100 percent.''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(2) of this Act, $12,000,000 for fiscal year 2004 and 
        $14,000,000 for each of fiscal years 2005 through 2009 shall be 
        available to carry out section 504(b) of title 23, United 
        States Code.
  (c) Eisenhower Transportation Fellowship Program.--Of the amounts 
made available by section 5101(a)(2) of this Act, $2,000,000 for fiscal 
year 2004 and $2,500,000 for each of fiscal years 2005 through 2009 
shall be available to carry out section 504(c)(2) of title 23, United 
States Code.
  (d) Garrett a. Morgan Technology and Transportation Education 
Program.--
          (1) In general.--Section 504 of title 23, United States Code, 
        is further amended by adding at the end the following new 
        subsection:
  ``(d) Garrett a. Morgan Technology and Transportation Education 
Program.--
          ``(1) In general.--The Secretary shall establish the Garrett 
        A. Morgan Technology and Transportation Education Program to 
        improve the preparation of students, particularly women and 
        minorities, in science, technology, engineering, and 
        mathematics through curriculum development and other activities 
        related to transportation.
          ``(2) Authorized activities.--The Secretary shall award 
        grants under this subsection on the basis of competitive, peer 
        review. Grants awarded under this subsection may be used for 
        enhancing science, technology, engineering, and mathematics at 
        the elementary and secondary school level through such means 
        as--
                  ``(A) internships that offer students experience in 
                the transportation field;
                  ``(B) programs that allow students to spend time 
                observing scientists and engineers in the 
                transportation field; and
                  ``(C) developing relevant curriculum that uses 
                examples and problems related to transportation.
          ``(3) Application and review procedures.--
                  ``(A) In general.--An entity described in 
                subparagraph (C) seeking funding under this subsection 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such information 
                as the Secretary may require. Such application, at a 
                minimum, shall include a description of how the funds 
                will be used and a description of how the funds will be 
                used to serve the purposes described in paragraph (2).
                  ``(B) Priority.--In making awards under this 
                subsection, the Secretary shall give priority to 
                applicants that will encourage the participation of 
                women and minorities.
                  ``(C) Eligibility.--Local education agencies and 
                State education agencies, which may partner with 
                institutions of higher education, businesses, or other 
                entities, shall be eligible to apply for grants under 
                this subsection.
          ``(4) Definitions.--For purposes of this subsection--
                  ``(A) the term `institution of higher education' has 
                the meaning given that term in section 101 of the 
                Higher Education Act of 1965 (20 U.S.C. 1001);
                  ``(B) the term `local educational agency' has the 
                meaning given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801); and
                  ``(C) the term `State educational agency' has the 
                meaning given that term in section 9101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801).''.
          (2) Funding.--Of the amounts made available by section 
        5101(a)(2) of this Act, $500,000 for 2004 and $1,000,000 for 
        each of fiscal years 2005 through 2009 shall be available to 
        carry out section 504(d) of title 23, United States Code.
  (e) Surface Transportation Workforce Development, Training, and 
Education.--Section 504 of such title is further amended by adding at 
the end the following:
  ``(e) Surface Transportation Workforce Development, Training, and 
Education.--
          ``(1) Funding.--Subject to project approval by the Secretary, 
        a State may obligate funds apportioned to the State under 
        sections 104(b)(1), 104(b)(2), 104(b)(3), 104(b)(4), and 144(e) 
        for surface transportation workforce development, training and 
        education, including--
                  ``(A) tuition and direct educational expenses, 
                excluding salaries, in connection with the education 
                and training of employees of State and local 
                transportation agencies;
                  ``(B) employee professional development;
                  ``(C) student internships;
                  ``(D) university or community college support; and
                  ``(E) education activities, including outreach, to 
                develop interest and promote participation in surface 
                transportation careers.
          ``(2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this subsection shall 
        be 100 percent.
          ``(3) Surface transportation workforce development, training, 
        and education defined.--In this subsection, the term `surface 
        transportation workforce development, training, and education' 
        means activities associated with surface transportation career 
        awareness, student transportation career preparation, and 
        training and professional development for surface 
        transportation workers, including activities for women and 
        minorities.''.
  (f) Transportation Education Development Pilot Program.--Section 504 
of such title is further amended by inserting after subsection (e) the 
following:
  ``(f) Transportation Education Development Pilot Program.--
          ``(1) Establishment.--The Secretary shall establish a program 
        to make grants to institutions of higher education that in 
        partnership with industry or State Departments of 
        Transportation will develop, test, and revise new curricula and 
        education programs to train individuals at all levels of the 
        transportation workforce.
          ``(2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the Secretary 
        shall consider--
                  ``(A) the degree to which the new curricula or 
                education program meets the specific needs of a segment 
                of the transportation industry, States, or regions;
                  ``(B) providing for practical experience and on-the-
                job training;
                  ``(C) proposals oriented toward practitioners in the 
                field rather than the support and growth of the 
                research community;
                  ``(D) the degree to which the new curricula or 
                program will provide training in areas other than 
                engineering, such as business administration, 
                economics, information technology, environmental 
                science, and law;
                  ``(E) programs or curricula in nontraditional 
                departments which train professionals for work in the 
                transportation field, such as materials, information 
                technology, environmental science, urban planning, and 
                industrial technology; and
                  ``(F) industry or a State's Department of 
                Transportation commitment to the program.
          ``(3) Funding.--Of the amounts made available by section 
        5101(a)(2) of this Act, $1,500,000 for each of fiscal years 
        2005 through 2009 shall be available to carry out this 
        subsection.
          ``(4) Limitations.--The amount of a grant under this 
        subsection shall not exceed $250,000 per year. After a 
        recipient has received 3 years of Federal funding under this 
        subsection, Federal funding may equal no more than 75 percent 
        of a grantee's program costs.''.
  (g) Definitions and Declaration of Policy.--Section 101(a)(3) of such 
title is amended--
          (1) by striking ``and'' at the end of subparagraph (G);
          (2) by striking the period at the end of subparagraph (H) and 
        inserting ``; and''; and
          (3) by adding at the end the following:
                  ``(I) surface transportation workforce development, 
                training, and education.''.
  (h) Transportation Technology Innovations.--
          (1) Fundamental properties of asphalts and modified 
        asphalts.--The Secretary shall continue to carry out section 
        5117(b)(5) of the Transportation Equity Act for the 21st 
        Century (112 Stat. 450).
          (2) Transportation, economic, and land use system.--The 
        Secretary shall continue to carry out section 5117(b)(7) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 450).
          (3) Funding.--Of the amounts made available for each of 
        fiscal years 2004 through 2009 by section 5101(a)(1) of this 
        Act, $3,000,000 shall be available to carry out paragraph (1) 
        and $1,000,000 shall be available to carry out paragraph (2).
          (4) Use of rights-of-way.--Section 5117(b)(3) of the 
        Transportation Equity Act for the 21st Century (112 Stat. 449; 
        112 Stat. 864; 115 Stat. 2330) is amended--
                  (A) by redesignating subparagraphs (E) through (G) as 
                subparagraphs (F) through (H), respectively; and
                  (B) by inserting after subparagraph (D) the 
                following:
                  ``(E) Use of rights-of-way.--
                          ``(i) In general.--An intelligent 
                        transportation system project described in 
                        paragraph (3), and an intelligent 
                        transportation system project described in 
                        paragraph (6), that involves privately owned 
                        intelligent transportation system components 
                        and is carried out using funds made available 
                        from the Highway Trust Fund (other than the 
                        Mass Transit Account) shall not be subject to 
                        any law or regulation of a State or political 
                        subdivision of a State prohibiting or 
                        regulating commercial activities in the rights-
                        of-way of a highway for which funds from the 
                        Highway Trust Fund (other than the Mass Transit 
                        Account) have been used for planning, design, 
                        construction, or maintenance if the Secretary 
                        determines that such use is in the public 
                        interest.
                          ``(ii) Limitation on statutory 
                        construction.--Nothing in this subparagraph 
                        shall be construed to affect the authority of a 
                        State, or political subdivision of a State, to 
                        regulate highway safety.''.

SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING.

  (a) In General.--Section 504 of title 23, United States Code, is 
further amended by adding at the end the following:
  ``(g) Freight Capacity Building Program.--
          ``(1) Establishment.--The Secretary shall establish a freight 
        planning capacity building initiative to support enhancements 
        in freight transportation planning in order to--
                  ``(A) better target investments in freight 
                transportation systems to maintain efficiency and 
                productivity; and
                  ``(B) strengthen the decisionmaking capacity of State 
                transportation departments and local transportation 
                agencies with respect to freight transportation 
                planning and systems.
          ``(2) Agreements.--The Secretary shall enter into agreements 
        to support and carry out administrative and management 
        activities relating to the governance of the freight planning 
        capacity initiative.
          ``(3) Stakeholder involvement.--In carrying out this section, 
        the Secretary shall consult with the Association of 
        Metropolitan Planning Organizations, the American Association 
        of State Highway and Transportation Officials, and other 
        freight planning stakeholders, including the other Federal 
        agencies, State transportation departments, local governments, 
        nonprofit entities, academia, and the private sector.
          ``(4) Eligible activities.--The freight planning capacity 
        building initiative shall include research, training, and 
        education in the following areas:
                  ``(A) The identification and dissemination of best 
                practices in freight transportation.
                  ``(B) Providing opportunities for freight 
                transportation staff to engage in peer exchange.
                  ``(C) Refinement of data and analysis tools used in 
                conjunction with assessing freight transportation 
                needs.
                  ``(D) Technical assistance to State transportation 
                departments and local transportation agencies 
                reorganizing to address freight transportation issues.
                  ``(E) Facilitating relationship building between 
                governmental and private entities involved in freight 
                transportation.
                  ``(F) Identifying ways to target the capacity of 
                State transportation departments and local 
                transportation agencies to address freight 
                considerations in operations, security, asset 
                management, and environmental excellence in connection 
                with long-range multimodal transportation planning and 
                project implementation.
          ``(5) Funding.--
                  ``(A) Federal share.--The Federal share of the cost 
                of an activity carried out under this section shall be 
                up to 100 percent, and such funds shall remain 
                available until expended.
                  ``(B) Use of non-federal funds.--Funds made available 
                for the program established under this subsection may 
                be used for research, program development, information 
                collection and dissemination, and technical assistance. 
                The Secretary may use such funds independently or make 
                grants to, or enter into contracts, cooperative 
                agreements, and other transactions with, a Federal 
                agency, State agency, local agency, Federally 
                recognized Indian tribal government or tribal 
                consortium, authority, association, nonprofit or for-
                profit corporation, or institution of higher education, 
                to carry out the purposes of this subsection.''.
  (b) Funding.--Of the amounts made available by section 5101(a)(2) of 
this Act, $1,500,000 for fiscal year 2004 and $5,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out section 
504(f) of title 23, United States Code.

SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES PROGRAM.

  (a) Continuation and Acceleration of TRANSIMS Deployment.--The 
Secretary shall accelerate the deployment of the advanced 
transportation model known as the ``Transportation Analysis Simulation 
System'' (in this section referred to as ``TRANSIMS''), developed by 
the Los Alamos National Laboratory. The program shall assist State 
departments of transportation and metropolitan planning organizations 
in the implementation of TRANSIMS, develop methods for TRANSIMS 
applications to transportation planning and air quality analysis, and 
provide training and technical assistance for the implementation of 
TRANSIMS. The program may support the development of methods to plan 
for the transportation response to chemical and biological terrorism 
and other security concerns.
  (b) Eligible Activities.--The Secretary shall use funds made 
available by section 5101(a)(1) to--
          (1) provide funding to State departments of transportation 
        and metropolitan planning organizations serving transportation 
        management areas designated under chapter 52 of title 49, 
        United States Code, representing a diversity of populations, 
        geographic regions, and analytic needs to implement TRANSIMS;
          (2) develop methods to demonstrate a wide spectrum of 
        TRANSIMS applications to support metropolitan and statewide 
        transportation planning, including integrating highway and 
        transit operational considerations into the transportation 
        Planning process; and
          (3) provide training and technical assistance with respect to 
        the implementation and application of TRANSIMS to States, local 
        governments, and metropolitan planning organizations with 
        responsibility for travel modeling.
  (c) Allocation of Funds.--Not more than 75 percent of the funds made 
available to carry out this section may be allocated to activities 
described in subsection (b)(1).
  (d) Funding.--Of the amounts made available by section 5101(a)(1) of 
this Act, $1,000,000 for fiscal year 2004 and $3,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out this 
section.

SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPORTATION RESEARCH 
                    PROGRAM.

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

``Sec. 509. National cooperative freight Transportation research 
                    program

  ``(a) Establishment.--The Secretary shall establish and support a 
national cooperative freight transportation research program.
  ``(b) Agreement.--The Secretary shall enter into an agreement with 
the National Academy of Sciences to support and carry out 
administrative and management activities relating to the governance of 
the national cooperative freight transportation research program.
  ``(c) Advisory Committee.--The National Academy of Sciences shall 
select an advisory committee consisting of a representative cross-
section of freight stakeholders, including the Department of 
Transportation, other Federal agencies, State transportation 
departments, local governments, nonprofit entities, academia, and the 
private sector.
  ``(d) Governance.--The national cooperative freight transportation 
research program established under this section shall include the 
following administrative and management elements:
          ``(1) National research agenda.--The advisory committee, in 
        consultation with interested parties, shall recommend a 
        national research agenda for the program. The agenda shall 
        include a multiyear strategic plan.
          ``(2) Involvement.--Interested parties may--
                  ``(A) submit research proposals to the advisory 
                committee;
                  ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                  ``(C) receive research results.
          ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award research 
        contracts and grants under the program through open competition 
        and merit review conducted on a regular basis.
          ``(4) Evaluation of research.--
                  ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                  ``(B) Programmatic evaluations.--The National Academy 
                of Sciences may conduct periodic programmatic 
                evaluations on a regular basis of research contracts 
                and grants.
          ``(5) Dissemination of research findings.--The National 
        Academy of Sciences shall disseminate research findings to 
        researchers, practitioners, and decisionmakers, through 
        conferences and seminars, field demonstrations, workshops, 
        training programs, presentations, testimony to government 
        officials, World Wide Web, publications for the general public, 
        and other appropriate means.
  ``(e) Contents.--The national research agenda required under 
subsection (d)(1) shall include research in the following areas:
          ``(1) Techniques for estimating and quantifying public 
        benefits derived from freight transportation projects.
          ``(2) Alternative approaches to calculating the contribution 
        of truck and rail traffic to congestion on specific highway 
        segments.
          ``(3) The feasibility of consolidating origins and 
        destinations for freight movement.
          ``(4) Methods for incorporating estimates of international 
        trade into landside transportation planning.
          ``(5) The use of technology applications to increase capacity 
        of highway lanes dedicated to truck-only traffic.
          ``(6) Development of physical and policy alternatives for 
        separating car and truck traffic.
          ``(7) Ways to synchronize infrastructure improvements with 
        freight transportation demand.
          ``(8) The effect of changing patterns of freight movement on 
        transportation planning decisions relating to rest areas.
          ``(9) Other research areas to identify and address the 
        emerging and future research needs related to freight 
        transportation by all modes.
  ``(f) Funding.--
          ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be up to 100 
        percent, and such funds shall remain available until expended.
          ``(2) Use of non-federal funds.--In addition to using funds 
        authorized for this section, the National Academy of Sciences 
        may seek and accept additional funding sources from public and 
        private entities capable of accepting funding from the 
        Department of Transportation, States, local governments, 
        nonprofit foundations, and the private sector.''.
  (b) Conforming Amendment.--The analysis for such chapter is further 
amended by adding at the end the following:

``509. National cooperative freight transportation research program.''.

  (c) Funding.--Of the amounts made available by section 5101(a)(1) of 
this Act, $1,500,000 for fiscal year 2004 and $4,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out section 
509 of title 23, United States Code.

SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PROGRAM.

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

``Sec. 510. Future strategic highway research program

  ``(a) Establishment.--The Secretary, in consultation with the 
American Association of State Highway and Transportation Officials, 
shall establish and carry out, acting through the National Research 
Council of the National Academy of Sciences, the future strategic 
highway research program.
  ``(b) Cooperative Agreements.--The Secretary may make grants to, and 
enter into cooperative agreements with, the American Association of 
State Highway and Transportation Officials and the National Academy of 
Sciences to carry out such activities under this subsection as the 
Secretary determines are appropriate.
  ``(c) Period of Availability.--Funds made available to carry out this 
section shall remain available for the fiscal year in which such funds 
are made available and the 3 succeeding fiscal years.
  ``(d) Program Priorities.--
          ``(1) Program elements.--The program established under this 
        section shall be based on the National Research Council Special 
        Report 260, entitled `Strategic Highway Research: Saving Lives, 
        Reducing Congestion, Improving Quality of Life' and the results 
        of the detailed planning work subsequently carried out in 2002 
        and 2003 to identify the research areas through National 
        Cooperative Research Program Project 20-58. The research 
        program shall include an analysis of the following:
                  ``(A) Renewal of aging highway infrastructure with 
                minimal impact to users of the facilities.
                  ``(B) Driving behavior and likely crash causal 
                factors to support improved countermeasures.
                  ``(C) Reducing highway congestion due to nonrecurring 
                congestion.
                  ``(D) Planning and designing new road capacity to 
                meet mobility, economic, environmental, and community 
                needs.
          ``(2) Dissemination of results.--The research results of the 
        program, expressed in terms of technologies, methodologies, and 
        other appropriate categorizations, shall be disseminated to 
        practicing engineers for their use, as soon as practicable.
  ``(e) Program Administration.--In carrying out the program under this 
section, the National Research Council shall ensure, to the maximum 
extent practicable, that--
          ``(1) projects and researchers are selected to conduct 
        research for the program on the basis of merit and open 
        solicitation of proposals and review by panels of appropriate 
        experts;
          ``(2) State department of transportation officials and other 
        stakeholders, as appropriate, are involved in the governance of 
        the program at the overall program level and technical level 
        through the use of expert panels and committees;
          ``(3) the Council acquires a qualified, permanent core staff 
        with the ability and expertise to manage the program and 
        multiyear budget; and
          ``(4) there is no duplication of research effort between the 
        program and any other research effort of the Department.
  ``(f) Report on Implementation of Results.--
          ``(1) Report.--The Transportation Research Board of the 
        National Research Council shall complete a report on the 
        strategies and administrative structure to be used for 
        implementation of the results of the future strategic highway 
        research program.
          ``(2) Components.--The report under paragraph (1) shall 
        include with respect to the program--
                  ``(A) an identification of the most promising results 
                of research under the program (including the persons 
                most likely to use the results);
                  ``(B) a discussion of potential incentives for, 
                impediments to, and methods of, implementing those 
                results;
                  ``(C) an estimate of costs of implementation of those 
                results; and
                  ``(D) recommendations on methods by which 
                implementation of those results should be conducted, 
                coordinated, and supported in future years, including a 
                discussion of the administrative structure and 
                organization best suited to carry out those 
                recommendations.
          ``(3) Consultation.--In developing the report, the 
        Transportation Research Board shall consult with a wide variety 
        of stakeholders, including--
                  ``(A) the Federal Highway Administration;
                  ``(B) the National Highway Traffic Safety 
                Administration; and
                  ``(C) the American Association of State Highway and 
                Transportation Officials.
          ``(4) Submission.--Not later than February 1, 2009, the 
        report shall be submitted to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives.
  ``(h) Funding.--
          ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out using amounts made available under a grant 
        or cooperative agreement under this section shall be 100 
        percent, and such funds shall remain available until expended.
          ``(2) Advance payments.--The Secretary may make advance 
        payments as necessary to carry out the program under this 
        section.''.
  (b) Programmatic Evaluations.--Within 3 years after the first 
research and development project grants, cooperative agreements, or 
contracts are awarded under section 510 of title 23, United States 
Code, the Comptroller General shall review the program under such 
section, and recommend improvements. The review shall assess the degree 
to which projects funded under such section have addressed the research 
and development topics identified in the Transportation Research Board 
Special Report 260, including identifying those topics which have not 
yet been addressed.
  (c) Conforming Amendment.--The analysis for chapter 5 of such title 
is further amended by adding at the end the following:

``510. Future strategic highway research program.''.

  (d) Funding.--Of the amounts made available by section 5101(a)(1) of 
this Act, $17,000,000 for fiscal year 2004, $60,000,000 for fiscal year 
2005, and $63,000,000 for each of fiscal years 2006 through 2009, shall 
be available to carry out section 510 of title 23, United States Code.

SEC. 5210. TRANSPORTATION SAFETY INFORMATION MANAGEMENT SYSTEM PROJECT.

  (a) In General.--The Secretary shall fund and carry out a project to 
further the development of a comprehensive transportation safety 
information management system (in this section referred to as 
``TSIMS'').
  (b) Purposes.--The purpose of the TSIMS project is to further the 
development of a software application to provide for the collection, 
integration, management, and dissemination of safety data from and for 
use among State and local safety and transportation agencies, including 
driver licensing, vehicle registration, emergency management system, 
injury surveillance, roadway inventory, and motor carrier databases.
  (c) Funding.--
          (1) Federal contribution.--Of the amounts made available by 
        section 5101(a)(1) of this Act, $1,000,000 for fiscal year 2004 
        and $3,000,000 for fiscal year 2005 shall be available to carry 
        out the TSIMS project under this section.
          (2) State contribution.--The sums authorized in paragraph (1) 
        are intended to supplement voluntary contributions to be made 
        by State departments of transportation and other State safety 
        and transportation agencies.

SEC. 5211. SURFACE TRANSPORTATION CONGESTION RELIEF SOLUTIONS RESEARCH 
                    INITIATIVE.

  (a) Establishment.--The Secretary, acting through the Federal Highway 
Administration, shall establish a surface transportation congestion 
solutions research initiative consisting of 2 independent research 
programs described in subsections (b)(1) and (b)(2) and designed to 
develop information to assist State transportation departments and 
metropolitan planning organizations measure and address surface 
transportation congestion problems.
  (b) Surface Transportation Congestion Solutions Research Program.--
          (1) Improved surface transportation congestion management 
        system measures.--The purposes of the first research program 
        established under this section shall be--
                  (A) to examine the effectiveness of surface 
                transportation congestion management systems since 
                enactment of the Intermodal Surface Transportation 
                Assistance Act of 1991 (Public Law 102-240);
                  (B) to identify best case examples of locally 
                designed reporting methods and incorporate such methods 
                in research on national models for developing and 
                recommending improved surface transportation congestion 
                measurement and reporting; and
                  (C) to incorporate such methods in the development of 
                national models and methods to monitor, measure, and 
                report surface transportation congestion information.
          (2) Analytical techniques for action on surface 
        transportation congestion.--The purposes of the second research 
        program established under this section shall be--
                  (A) to analyze the effectiveness of procedures used 
                by State transportation departments and metropolitan 
                planning organizations to assess surface transportation 
                congestion problems and communicate those problems to 
                decisionmakers; and
                  (B) to identify methods to ensure that the results of 
                surface transportation congestion analyses will lead to 
                the targeting of funding for programs, projects, or 
                services with demonstrated effectiveness in reducing 
                travel delay, congestion, and system unreliability.
  (c) Technical Assistance and Training.--In fiscal year 2006, the 
Secretary, acting through the Federal Highway Administration, shall 
develop a technical assistance and training program to disseminate the 
results of the surface transportation congestion solutions research 
initiative for the purpose of assisting State transportation 
departments and local transportation agencies with improving their 
approaches to surface transportation congestion measurement, analysis, 
and project programming.
  (d) Funding.--Of the amounts made available by sections 5101(a)(1) of 
this Act, $4,000,000 for fiscal year 2004 and $11,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out 
subsections (a) and (b). Of the amounts made available by section 
5101(a)(2), $500,000 for fiscal year 2004 and $1,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out 
subsection (c).

SEC. 5212. MOTOR CARRIER EFFICIENCY STUDY.

  (a) In General.--The Secretary, in coordination with the motor 
carrier and wireless technology industry, shall conduct a study to--
          (1) identify inefficiencies in the transportation of freight;
          (2) evaluate the safety, productivity, and reduced cost 
        improvements that may be achieved through the use of wireless 
        technologies to address the inefficiencies identified in 
        paragraph (1); and
          (3) conduct, as appropriate, field tests demonstrating the 
        technologies identified in paragraph (2).
  (b) Program Elements.--The program shall include, at a minimum, the 
following:
          (1) Fuel monitoring and management systems.
          (2) Radio frequency identification technology.
          (3) Electronic manifest systems.
          (4) Cargo theft prevention.
  (c) Federal Share.--The Federal share of the cost of the study under 
this section shall be 100 percent.
  (d) Annual Report.--The Secretary shall prepare and transmit to 
Congress an annual report on the programs and activities carried out 
under this section.
  (e) Funding.--From funds made available under section 5101(a)(1), the 
Secretary shall make available $1,000,000 to the Federal Motor Carrier 
Safety Administration for each of fiscal years 2005 through 2009 to 
carry out this section.

SEC. 5213. TRANSPORTATION RESEARCH AND DEVELOPMENT STRATEGIC PLANNING.

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

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

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

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

SEC. 5214. LIMITATION ON REMEDIES FOR FUTURE STRATEGIC HIGHWAY RESEARCH 
                    PROGRAM.

  Section 510 of title 23, United States Code, as added by section 5209 
of this Act, is amended by inserting after subsection (f) the 
following:
  ``(g) Limitation of Remedies.--
          ``(1) Same remedy as if united states.--The remedy against 
        the United States provided by sections 1346(b) and 2672 of 
        title 28 for injury, loss of property, personal injury, or 
        death shall apply to any claim against the National Academy of 
        Sciences for money damages for injury, loss of property, 
        personal injury, or death caused by any negligent or wrongful 
        act or omission by employees and individuals described in 
        paragraph (3) arising from activities conducted under or in 
        connection with this section. Any such claim shall be subject 
        to the limitations and exceptions which would be applicable to 
        such claim if such claim were against the United States. With 
        respect to any such claim, the Secretary shall be treated as 
        the head of the appropriate Federal agency for purposes of 
        sections 2672 and 2675 of title 28.
          ``(2) Exclusiveness of remedy.--The remedy referred to in 
        paragraph (1) shall be exclusive of any other civil action or 
        proceeding for the purpose of determining liability arising 
        from any such act or omission without regard to when the act or 
        omission occurred.
          ``(3) Treatment.--Employees of the National Academy of 
        Sciences and other individuals appointed by the president of 
        the National Academy of Sciences and acting on its behalf in 
        connection with activities carried out under this section shall 
        be treated as if they are employees of the Federal Government 
        under section 2671 of title 28 for purposes of a civil action 
        or proceeding with respect to a claim described in paragraph 
        (1). The civil action or proceeding shall proceed in the same 
        manner as any proceeding under chapter 171 of title 28 or 
        action against the United States filed pursuant to section 
        1346(b) of title 28 and shall be subject to the limitations and 
        exceptions applicable to such a proceeding or action.
          ``(4) Sources of payments.--Payment of any award, compromise, 
        or settlement of a civil action or proceeding with respect to a 
        claim described in paragraph (1) shall be paid first out of 
        insurance maintained by the National Academy of Sciences, 
        second from funds made available to carry out this section, and 
        then from sums made available under section 1304 of title 31. 
        For purposes of such section, such an award, compromise, or 
        settlement shall be deemed to be a judgment, award, or 
        settlement payable under section 2414 or 2672 of title 28. The 
        Secretary may establish a reserve of funds made available to 
        carry out this section for making payments under this 
        paragraph.''.

SEC. 5215. CENTER FOR TRANSPORTATION ADVANCEMENT AND REGIONAL 
                    DEVELOPMENT.

  (a) Establishment.--The Secretary shall establish a Center for 
Transportation Advancement and Regional Development to assist, through 
training, education and research, in the comprehensive development of 
small metropolitan and rural regional transportation systems that are 
responsive to the needs of businesses and local communities.
  (b) Activities.--In carrying out this section, the Center shall--
          (1) provide training, information and professional resources 
        for small metropolitan and rural regions to pursue innovative 
        strategies to expand the capabilities, capacity and 
        effectiveness of a region's transportation network, including 
        activities related to freight projects, transit system 
        upgrades, roadways and bridges, and intermodal transfer 
        facilities and operations;
          (2) assist local officials, rural transportation and economic 
        development planners, officials from State departments of 
        transportation and economic development, business leaders and 
        other stakeholders in developing public-private partnerships to 
        enhance their transportation systems; and
          (3) promote the leveraging of regional transportation 
        planning with regional economic and business development 
        planning to assure that appropriate transportation systems are 
        created.
  (c) Program Administration.--To carry out this section, the Secretary 
shall make a grant to, or enter into a cooperative agreement or 
contract with, a national association of regional economic development 
and transportation professionals with a focus on small metropolitan and 
rural regions.

      Subtitle C--University Transportation Research; Scholarship 
                             Opportunities

SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CENTERS.

  (a) In General.--Section 5505 of title 49, United States Code, is 
amended to read as follows:

``Sec. 5505. National university transportation centers

  ``(a) In General.--
          ``(1) Establishment and operation.--The Secretary of 
        Transportation shall make grants under this section to eligible 
        nonprofit institutions of higher learning to establish and 
        operate national university transportation centers.
          ``(2) Role of centers.--The role of each center shall be to 
        advance significantly transportation research on critical 
        national transportation issues and to expand the workforce of 
        transportation professionals.
  ``(b) Applicability of Requirements.--A grant received by an eligible 
nonprofit institution of higher learning under this section shall be 
available for the same purposes, and shall be subject to the same terms 
and conditions, as a grant made to a nonprofit institution of higher 
learning under section 5506.
  ``(c) Eligible Nonprofit Institution of Higher Learning Defined.--In 
this section, the term `eligible nonprofit institution of higher 
learning' means each of the lead institutions identified in subsections 
(j)(4)(A), (j)(4)(B), and (j)(4)(F) of section 5505 as in effect on the 
day before the date of enactment of the Transportation Equity Act: A 
Legacy for Users, the university referred to in section 704 of Public 
Law 103-206 (107 Stat. 2447), and the university that, as of the day 
before such date of enactment, is the lead institution for the regional 
university transportation center for region 5 of the Standard Federal 
Regional Boundary System.
  ``(d) Grants.--In each of fiscal years 2004 through 2009, the 
Secretary shall make a grant under this section to each eligible 
nonprofit institution of higher learning in an amount not to exceed 
$3,500,000.''.
  (b) Conforming Amendment.--The analysis for subchapter I of chapter 
55 of such title is amended by striking the item relating to section 
5505 and inserting the following:

``5505. National university transportation centers.''.

SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH.

  (a) In General.--Section 5506 of title 49, United States Code, is 
amended to read as follows:

``Sec. 5506. University transportation research

  ``(a) In General.--The Secretary of Transportation shall make grants 
under this section to nonprofit institutions of higher learning to 
establish and operate university transportation centers.
  ``(b) Objectives.--Grants received under this section shall be used 
by nonprofit institutions of higher learning to advance significantly 
the state-of-the-art in transportation research and expand the 
workforce of transportation professionals through the following 
programs and activities:
          ``(1) Research.--Basic and applied research, the products of 
        which are judged by peers or other experts in the field of 
        transportation to advance the body of knowledge in 
        transportation.
          ``(2) Education.--An education program relating to 
        transportation that includes multidisciplinary course work and 
        participation in research.
          ``(3) Technology transfer.--An ongoing program of technology 
        transfer that makes transportation research results available 
        to potential users in a form that can be implemented, utilized, 
        or otherwise applied.
  ``(c) Regional, Tier I, and Tier II Centers.--
          ``(1) In general.--For each of fiscal years 2004 through 
        2009, the Secretary shall make grants under subsection (a) to 
        nonprofit institutions of higher learning to establish and 
        operate--
                  ``(A) 10 regional university transportation centers; 
                and
                  ``(B) 10 Tier I university transportation centers.
          ``(2) Tier ii centers.--For each of fiscal years 2005 through 
        2009, the Secretary shall make grants under subsection (a) to 
        nonprofit institutions of higher learning to establish and 
        operate 10 Tier II university transportation centers.
          ``(3) Location of regional centers.--One regional university 
        transportation center shall be located in each of the 10 United 
        States Government regions that comprise the Standard Federal 
        Regional Boundary System.
          ``(4) Limitation.--A nonprofit institution of higher learning 
        may not directly receive a grant under this section for a 
        fiscal year for more than one university transportation center.
  ``(d) Competitive Selection Process.--
          ``(1) Applications.--In order to be eligible to receive a 
        grant under this section, a nonprofit institution of higher 
        learning shall submit to the Secretary an application that is 
        in such form and contains such information as the Secretary may 
        require.
          ``(2) General selection criteria.--Except as otherwise 
        provided by this section, the Secretary shall select each 
        recipient of a grant under this section through a competitive 
        process on the basis of the following:
                  ``(A) The demonstrated research and extension 
                resources available to the recipient to carry out this 
                section.
                  ``(B) The capability of the recipient to provide 
                leadership in making national and regional 
                contributions to the solution of immediate and long-
                range transportation problems.
                  ``(C) The recipient's demonstrated commitment of at 
                least $400,000 each year in regularly budgeted 
                institutional amounts to support ongoing transportation 
                research and education programs.
                  ``(D) The recipient's demonstrated ability to 
                disseminate results of transportation research and 
                education programs through a statewide or regionwide 
                continuing education program.
                  ``(E) The strategic plan the recipient proposes to 
                carry out under the grant.
  ``(e) Regional University Transportation Centers.--
          ``(1) Competition.--Not later than August 31, 2005, and not 
        later than March 31st of every 4th year thereafter, the 
        Secretary shall complete a competition among nonprofit 
        institutions of higher learning for grants to establish and 
        operate the 10 regional university transportation centers 
        referred to in subsection (c)(1)(A).
          ``(2) Selection criteria.--In conducting a competition under 
        paragraph (1), the Secretary shall select a nonprofit 
        institution of higher learning on the basis of--
                  ``(A) the criteria described in subsection (d)(2);
                  ``(B) the location of the center within the Federal 
                region to be served; and
                  ``(C) whether or not the institution (or, in the case 
                of a consortium of institutions, the lead institution) 
                can demonstrate that it has a well-established, 
                nationally recognized program in transportation 
                research and education, as evidenced by--
                          ``(i) not less than $2,000,000 in highway or 
                        public transportation research expenditures 
                        each year for each of the preceding 5 years;
                          ``(ii) not less than 10 graduate degrees 
                        awarded in professional fields closely related 
                        to highways and public transportation for year 
                        for each of the preceding 5 years; and
                          ``(iii) not less than 5 tenured or tenure-
                        track faculty members who specialize on a full-
                        time basis in professional fields closely 
                        related to highways and public transportation 
                        who, as a group, have published a total at 
                        least 50 refereed journal publications on 
                        highway or public transportation research 
                        during the preceding 5 years.
          ``(3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on the 
        basis of a competition conducted under this subsection, the 
        Secretary shall make a grant to the recipient to establish and 
        operate a regional university transportation center in each of 
        the first 4 fiscal years beginning after the date of the 
        competition.
          ``(4) Special rule for fiscal years 2004 and 2005.--For each 
        of fiscal years 2004 and 2005, the Secretary shall make a grant 
        under this section to each of the 10 nonprofit institutions of 
        higher learning that were competitively selected for grants by 
        the Secretary under this section in July 1999 to operate 
        regional university transportation centers.
          ``(5) Amount of grants.--For each of fiscal years 2004 
        through 2009, a grant made by the Secretary to a nonprofit 
        institution of higher learning for a fiscal year to establish 
        and operate a regional university transportation center shall 
        not exceed $3,500,000.
  ``(f) Tier I University Transportation Centers.--
          ``(1) Competition.--Not later than March 31, 2006, and not 
        later than March 31st of every 4th year thereafter, the 
        Secretary shall complete a competition among nonprofit 
        institutions of higher learning for grants to establish and 
        operate the 10 Tier I university transportation centers 
        referred to in subsection (c)(1)(B).
          ``(2) Selection criteria.--In conducting a competition under 
        paragraph (1), the Secretary shall select a nonprofit 
        institution of higher learning on the basis of--
                  ``(A) the criteria described in subsection (d)(2); 
                and
                  ``(B) whether or not the institution (or, in the case 
                of a consortium of institutions, the lead institution) 
                can demonstrate that it has an established, recognized 
                program in transportation research and education, as 
                evidenced by--
                          ``(i) not less than $1,000,000 in highway or 
                        public transportation research expenditures 
                        each year for each of the preceding 5 years or 
                        not less than $6,000,000 in such expenditures 
                        during the 5 preceding years;
                          ``(ii) not less than 5 graduate degrees 
                        awarded in professional fields closely related 
                        to highways and public transportation each year 
                        for each of the preceding 5 years; and
                          ``(iii) not less than 3 tenured or tenure-
                        track faculty members who specialize on a full-
                        time basis in professional fields closely 
                        related to highways and public transportation 
                        who, as a group, have published a total at 
                        least 20 refereed journal publications on 
                        highway or public transportation research 
                        during the preceding 5 years.
          ``(3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on the 
        basis of a competition conducted under this subsection, the 
        Secretary shall make a grant to the recipient to establish and 
        operate a Tier I university transportation center in each of 
        the first 4 fiscal years beginning after the date of the 
        competition.
          ``(4) Special rule for fiscal years 2004, 2005, and 2006.--
        For each of fiscal years 2004, 2005, and 2006, the Secretary 
        shall make a grant under this section to each of the 10 
        nonprofit institutions of higher learning that were 
        competitively selected for grant awards by the Secretary under 
        this section in May 2002 to operate university transportation 
        centers (other than regional centers).
          ``(5) Amount of grants.--A grant made by the Secretary to a 
        nonprofit institution of higher learning for a fiscal year to 
        establish and operate a Tier I university transportation center 
        shall not exceed $1,000,000 for fiscal year 2004 and $1,500,000 
        for each of fiscal years 2005 through 2009.
  ``(g) Tier II University Transportation Centers.--
          ``(1) Competition.--Not later than 60 days after the date of 
        enactment of the Transportation Equity Act: A Legacy for Users, 
        not later than March 31, 2008, and not later than March 31st of 
        every 4th year thereafter, the Secretary shall complete a 
        competition among nonprofit institutions of higher learning for 
        grants to establish and operate the 10 Tier II university 
        transportation centers referred to in subsection (c)(2).
          ``(2) Selection criteria.--In conducting a competition under 
        paragraph (1), the Secretary shall select a nonprofit 
        institution of higher learning on the basis of the criteria 
        described in subsection (f)(2).
          ``(3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on the 
        basis of a competition conducted under this subsection, the 
        Secretary shall--
                  ``(A) in the case of the competition to be completed 
                not later than 60 days after the date of enactment of 
                the Transportation Equity Act: A Legacy for Users, make 
                a grant to the recipient to establish and operate a 
                Tier II university transportation center in each of 
                fiscal years 2005 through 2008; and
                  ``(B) in the case of each subsequent competition, 
                make a grant to the recipient to establish and operate 
                a Tier II university transportation center in each of 
                the first 4 fiscal years beginning after the date of 
                the competition.
          ``(4) Amount of grants.--For each of fiscal years 2005 
        through 2009, a grant made by the Secretary to a nonprofit 
        institution of higher learning for a fiscal year to establish 
        and operate a Tier II university transportation center shall 
        not exceed $1,000,000.
  ``(h) Support of National Strategy for Surface Transportation 
Research.--In order to be eligible to receive a grant under this 
section, a nonprofit institution of higher learning shall provide 
assurances satisfactory to the Secretary that the research and 
education activities of its university transportation center will 
support the national strategy for surface transportation research, as 
identified by--
          ``(1) the report of the National Highway Research and 
        Technology Partnership entitled `Highway Research and 
        Technology: The Need for Greater Investment', dated April 2002; 
        and
          ``(2) the programs of the National Research and Technology 
        Program of the Federal Transit Administration.
  ``(i) Maintenance of Effort.--In order to be eligible to receive a 
grant under this section, a nonprofit institution of higher learning 
shall enter into an agreement with the Secretary to ensure that the 
institution will maintain total expenditures from all other sources to 
establish and operate a university transportation center and related 
research activities at a level at least equal to the average level of 
such expenditures in its 2 fiscal years prior to award of a grant under 
this section.
  ``(j) Federal Share.--The Federal share of the costs of activities 
carried out using a grant made under this section shall be 50 percent 
of such costs. The non-Federal share may include funds provided to a 
recipient under section 503, 504(b), or 505 of title 23.
  ``(k) Program Coordination.--
          ``(1) Coordination.--The Secretary shall coordinate the 
        research, education, and technology transfer activities that 
        grant recipients carry out under this section, disseminate the 
        results of the research, and establish and operate a 
        clearinghouse to disseminate the results of the research.
          ``(2) Annual review and evaluation.--At least annually, and 
        consistent with the plan developed under section 508 of title 
        23, the Secretary shall review and evaluate programs of grant 
        recipients.
          ``(3) Management and oversight.--The Secretary shall expend 
        $1,500,000 for each of fiscal years 2005 through 2009 from 
        amounts made available to carry out this section to carry out 
        management and oversight of the centers receiving assistance 
        under this section.
  ``(l) Program Administration.--The Secretary shall carry out this 
section acting through the Administrator of the Research and Innovative 
Technology Administration.
  ``(m) Limitation on Availability of Funds.--Funds made available to 
carry out this section shall remain available for obligation by the 
Secretary for a period of 2 years after the last day of the fiscal year 
for which such funds are authorized.''.
  (b) Conforming Amendment.--The analysis for subchapter I of chapter 
55 of such title is amended by striking the item relating to section 
5506 and inserting the following:

``5506. University transportation research.''.

SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNITIES PROGRAM.

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

                   Subtitle D--Advanced Technologies

SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECHNOLOGIES RESEARCH PROGRAM.

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

``Sec. 5507. Advanced heavy-duty vehicle technologies research program

  ``(a) In General.--The Secretary of Transportation shall conduct 
research, development, demonstration, and testing to integrate emerging 
advanced heavy-duty vehicle technologies in order to provide seamless, 
safe, secure, and efficient transportation and to benefit the 
environment.
  ``(b) Consultation.--To ensure the activities performed pursuant to 
this section achieve the maximum benefit, the Secretary of 
Transportation shall consult with the Secretary of Energy, the 
Administrator of the Environmental Protection Agency, and other 
relevant Federal agencies on research, development, and demonstration 
activities authorized under this section related to advanced heavy-duty 
vehicle technologies.
  ``(c) Grants, Cooperative Agreements, and Other Transactions.--The 
Secretary may make grants to, and enter into cooperative agreements and 
other transactions with, Federal and other public agencies (including 
State and local governments) and persons to carry out subsection (a).
  ``(d) Cost Sharing.--At least 50 percent of the funding for projects 
carried out under this section must be provided by non-Federal sources.
  ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) to carry out subsection (a) $1,000,000 for fiscal year 2004 
and $3,000,000 for each of fiscal years 2005 through 2009.
  ``(f) Contract Authority.--The funds authorized to be appropriated by 
subsection (e) shall be available for obligation in the same manner as 
if such funds were apportioned under chapter 1 of title 23 and shall be 
subject to any limitation on obligations imposed on funds made 
available to carry out title V of the Transportation Equity Act: A 
Legacy for Users.''.
  (b) Conforming Amendment.--The analysis for subchapter I of chapter 
55 of such title is amended by adding at the end the following:

``5507. Advanced heavy-duty vehicle technologies research program.''.

SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND SPATIAL INFORMATION 
                    TECHNOLOGIES.

  (a) In General.--The Secretary shall establish and carry out a 
program to validate commercial remote sensing products and spatial 
information technologies for application to national transportation 
infrastructure development and construction.
  (b) Program.--
          (1) National policy.--The Secretary shall establish and 
        maintain a national policy for the use of commercial remote 
        sensing products and spatial information technologies in 
        national transportation infrastructure development and 
        construction.
          (2) Policy implementation.--The Secretary shall develop new 
        applications of commercial remote sensing products and spatial 
        information technologies for the implementation of the national 
        policy established and maintained under paragraph (1).
  (c) Cooperation.--The Secretary shall carry out this section in 
cooperation with the commercial remote sensing program of the National 
Aeronautics and Space Administration and a consortium of university 
research centers.
  (d) Funding.--Of the amounts made available by section 5101(a)(1) of 
this Act, $3,000,000 for fiscal year 2004 and $9,000,000 for each of 
fiscal years 2005 through 2009 shall be available to carry out this 
section.

              Subtitle E--Transportation Data and Analysis

SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS.

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

``Sec. 111. Bureau of Transportation Statistics

  ``(a) Establishment.--There is established in the Research and 
Innovative Technology Administration a Bureau of Transportation 
Statistics.
  ``(b) Director.--
          ``(1) Appointment.--The Bureau shall be headed by a Director 
        who shall be appointed in the competitive service by the 
        Secretary.
          ``(2) Qualifications.--The Director shall be appointed from 
        among individuals who are qualified to serve as the Director by 
        virtue of their training and experience in the collection, 
        analysis, and use of transportation statistics.
  ``(c) Responsibilities.--The Director of the Bureau shall serve as 
the Secretary's senior advisor on data and statistics, and shall be 
responsible for carrying out the following duties:
          ``(1) Providing data, statistics, and analysis to 
        transportation decisionmakers.--Ensuring that the statistics 
        compiled under paragraph (5) are designed to support 
        transportation decisionmaking by the Federal Government, State 
        and local governments, metropolitan planning organizations, 
        transportation-related associations, the private sector 
        (including the freight community), and the public.
          ``(2) Coordinating collection of information.--Working with 
        the operating administrations of the Department to establish 
        and implement the Bureau's data programs and to improve the 
        coordination of information collection efforts with other 
        Federal agencies.
          ``(3) Data modernization.--Continually improving surveys and 
        data collection methods to improve the accuracy and utility of 
        transportation statistics.
          ``(4) Encouraging data standardization.--Encouraging the 
        standardization of data, data collection methods, and data 
        management and storage technologies for data collected by the 
        Bureau, the operating administrations of the Department of 
        Transportation, States, local governments, metropolitan 
        planning organizations, and private sector entities.
          ``(5) Compiling transportation statistics.--Compiling, 
        analyzing, and publishing a comprehensive set of transportation 
        statistics on the performance and impacts of the national 
        transportation system, including statistics on--
                  ``(A) productivity in various parts of the 
                transportation sector;
                  ``(B) traffic flows for all modes of transportation;
                  ``(C) other elements of the Intermodal Transportation 
                Database established under subsection (g);
                  ``(D) travel times and measures of congestion;
                  ``(E) vehicle weights and other vehicle 
                characteristics;
                  ``(F) demographic, economic, and other variables 
                influencing traveling behavior, including choice of 
                transportation mode, and goods movement;
                  ``(G) transportation costs for passenger travel and 
                goods movement;
                  ``(H) availability and use of mass transit (including 
                the number of passengers served by each mass transit 
                authority) and other forms of for-hire passenger 
                travel;
                  ``(I) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  ``(J) safety and security for travelers, vehicles, 
                and transportation systems;
                  ``(K) consequences of transportation for the human 
                and natural environment;
                  ``(L) the extent, connectivity, and condition of the 
                transportation system, building on the National 
                Transportation Atlas Database developed under 
                subsection (g); and
                  ``(M) transportation-related variables that influence 
                the domestic economy and global competitiveness.
          ``(6) National spatial data infrastructure.--Building and 
        disseminating the transportation layer of the National Spatial 
        Data Infrastructure, including coordinating the development of 
        transportation geospatial data standards, compiling intermodal 
        geospatial data, and collecting geospatial data that is not 
        being collected by others.
          ``(7) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of Transportation 
        required for statistics to be compiled under paragraph (5) in 
        order to ensure that such information is accurate, reliable, 
        relevant, and in a form that permits systematic analysis. The 
        Bureau shall review and report to the Secretary of 
        Transportation on the sources and reliability of the statistics 
        proposed by the heads of the operating administrations of the 
        Department to measure outputs and outcomes as required by the 
        Government Performance and Results Act of 1993, and the 
        amendments made by such Act, and shall carry out such other 
        reviews of the sources and reliability of other data collected 
        or statistical information published by the heads of the 
        operating administrations of the Department as shall be 
        requested by the Secretary.
          ``(8) Making statistics accessible.--Making the statistics 
        published under this subsection readily accessible.
  ``(d) Information Needs Assessment.--
          ``(1) In general.--Within 60 days after the date of the 
        enactment of the Transportation Equity Act: A Legacy for Users, 
        the Secretary shall enter into an arrangement with the National 
        Research Council to develop and publish a National 
        Transportation Information Needs Assessment (referred to in 
        this subsection as the `Assessment'). The Assessment shall be 
        transmitted to the Secretary and the Congress not later than 24 
        months after such arrangement is entered into.
          ``(2) Content.--The Assessment shall--
                  ``(A) identify, in priority order, transportation 
                data that is not being collected by the Bureau, 
                Department of Transportation operating administrations, 
                or other Federal, State, or local entities, but is 
                needed to improve transportation decisionmaking at the 
                Federal, State, and local level and to fulfill the 
                requirements of subsection (c)(5);
                  ``(B) recommend whether the data identified in 
                subparagraph (A) should be collected by the Bureau, 
                other parts of the Department, or by other Federal, 
                State, or local entities, and whether any data is a 
                higher priority than data currently being collected;
                  ``(C) identify any data the Bureau or other Federal, 
                State, and local entities is collecting that is not 
                needed;
                  ``(D) describe new data collection methods (including 
                changes in surveys) and other changes the Bureau or 
                other Federal, State, and local entities should 
                implement to improve the standardization, accuracy, and 
                utility of transportation data and statistics; and
                  ``(E) estimate the cost of implementing any 
                recommendations.
          ``(3) Consultation.--In developing the Assessment, the 
        National Research Council shall consult with the Department's 
        Advisory Council on Transportation Statistics and a 
        representative cross-section of transportation community 
        stakeholders as well as other Federal agencies, including the 
        Environmental Protection Agency, the Department of Energy, and 
        the Department of Housing and Urban Development.
          ``(4) Report to congress.--Not later than 6 months after the 
        National Research Council transmits the Assessment under 
        paragraph (1), the Secretary shall transmit a report to 
        Congress that describes--
                  ``(A) how the Department plans to fill the data gaps 
                identified under paragraph (2)(A);
                  ``(B) how the Department plans to stop collecting 
                data identified under paragraph (2)(C);
                  ``(C) how the Department plans to implement improved 
                data collection methods and other changes identified 
                under paragraph (2)(D);
                  ``(D) the expected costs of implementing 
                subparagraphs (A), (B), and (C) of this paragraph;
                  ``(E) any findings of the Assessment under paragraph 
                (1) with which the Secretary disagrees, and why; and
                  ``(F) any proposed statutory changes needed to 
                implement the findings of the Assessment under 
                paragraph (1).
  ``(e) Intermodal Transportation Data Base.--
          ``(1) In general.--In consultation with the Under Secretary 
        for Policy, the Assistant Secretaries, and the heads of the 
        operating administrations of the Department of Transportation, 
        the Director shall establish and maintain a transportation data 
        base for all modes of transportation.
          ``(2) Use.--The data base shall be suitable for analyses 
        carried out by the Federal Government, the States, and 
        metropolitan planning organizations.
          ``(3) Contents.--The data base shall include--
                  ``(A) information on the volumes and patterns of 
                movement of goods, including local, interregional, and 
                international movement, by all modes of transportation 
                and intermodal combinations, and by relevant 
                classification;
                  ``(B) information on the volumes and patterns of 
                movement of people, including local, interregional, and 
                international movements, by all modes of transportation 
                (including bicycle and pedestrian modes) and intermodal 
                combinations, and by relevant classification;
                  ``(C) information on the location and connectivity of 
                transportation facilities and services; and
                  ``(D) a national accounting of expenditures and 
                capital stocks on each mode of transportation and 
                intermodal combination.
  ``(f) National Transportation Library.--
          ``(1) In general.--The Director shall establish and maintain 
        a National Transportation Library, which shall contain a 
        collection of statistical and other information needed for 
        transportation decisionmaking at the Federal, State, and local 
        levels.
          ``(2) Access.--The Director shall facilitate and promote 
        access to the Library, with the goal of improving the ability 
        of the transportation community to share information and the 
        ability of the Director to make statistics readily accessible 
        under subsection (c)(8).
          ``(3) Coordination.--The Director shall work with other 
        transportation libraries and other transportation information 
        providers, both public and private, to achieve the goal 
        specified in paragraph (2).
  ``(g) National Transportation Atlas Data Base.--
          ``(1) In general.--The Director shall develop and maintain 
        geospatial data bases that depict--
                  ``(A) transportation networks;
                  ``(B) flows of people, goods, vehicles, and craft 
                over the networks; and
                  ``(C) social, economic, and environmental conditions 
                that affect or are affected by the networks.
          ``(2) Intermodal network analysis.--The data bases shall be 
        able to support intermodal network analysis.
  ``(h) Mandatory Response Authority for Freight Data Collection.--
Whoever, being the owner, official, agent, person in charge, or 
assistant to the person in charge of any corporation, company, 
business, institution, establishment, or organization of any nature 
whatsoever, neglects or refuses, when requested by the Director or 
other authorized officer, employee, or contractor of the Bureau, to 
answer completely and correctly to the best of his or her knowledge all 
questions relating to the corporation, company, business, institution, 
establishment, or other organization, or to make available records or 
statistics in his or her official custody, contained in a data 
collection request prepared and submitted under the authority of 
subsection (c)(1), shall be fined not more than $500; but if he or she 
willfully gives a false answer to such a question, he or she shall be 
fined not more than $10,000.
  ``(i) Research and Development Grants.--The Secretary may make grants 
to, or enter into cooperative agreements or contracts with, public and 
nonprofit private entities (including State transportation departments, 
metropolitan planning organizations, and institutions of higher 
education) for--
          ``(1) investigation of the subjects specified in subsection 
        (c)(5) and research and development of new methods of data 
        collection, standardization, management, integration, 
        dissemination, interpretation, and analysis;
          ``(2) demonstration programs by States, local governments, 
        and metropolitan planning organizations to harmonize data 
        collection, reporting, management, storage, and archiving to 
        simplify data comparisons across jurisdictions;
          ``(3) development of electronic clearinghouses of 
        transportation data and related information, as part of the 
        National Transportation Library under subsection (f); and
          ``(4) development and improvement of methods for sharing 
        geographic data, in support of the national transportation 
        atlas data base under subsection (g) and the National Spatial 
        Data Infrastructure developed under Executive Order No. 12906.
  ``(j) Limitations on Statutory Construction.--Nothing in this section 
shall be construed--
          ``(1) to authorize the Bureau to require any other department 
        or agency to collect data; or
          ``(2) to reduce the authority of any other officer of the 
        Department of Transportation to collect and disseminate data 
        independently.
  ``(k) Prohibition on Certain Disclosures.--
          ``(1) In general.--An officer, employee or contractor of the 
        Bureau may not--
                  ``(A) make any disclosure in which the data provided 
                by an individual or organization under subsection (c) 
                can be identified;
                  ``(B) use the information provided under subsection 
                (c) for a nonstatistical purpose; or
                  ``(C) permit anyone other than an individual 
                authorized by the Director to examine any individual 
                report provided under subsection (c).
          ``(3) Informing respondent of use of data.--In a case in 
        which the Bureau is authorized by statute to collect data or 
        information for a nonstatistical purpose, the Director shall 
        clearly distinguish the collection of the data or information, 
        by rule and on the collection instrument, so as to inform a 
        respondent that is requested or required to supply the data or 
        information of the nonstatistical purpose.
  ``(l) Transportation Statistics Annual Report.--The Director shall 
transmit to the President and Congress a Transportation Statistics 
Annual Report which shall include information on items referred to in 
subsection (c)(5), documentation of methods used to obtain and ensure 
the quality of the statistics presented in the report, and 
recommendations for improving transportation statistical information.
  ``(m) Data Access.--The Director shall have access to transportation 
and transportation-related information in the possession of any Federal 
agency except information--
          ``(1) the disclosure of which to another Federal agency is 
        expressly prohibited by law; or
          ``(2) the disclosure of which the agency so requested 
        determines would significantly impair the discharge of 
        authorities and responsibilities which have been delegated to, 
        or vested by law, in such agency.
  ``(n) Proceeds of Data Product Sales.--Notwithstanding section 3302 
of title 31, funds received by the Bureau from the sale of data 
products, for necessary expenses incurred, may be credited to the 
Highway Trust Fund (other than the Mass Transit Account) for the 
purpose of reimbursing the Bureau for the expenses.
  ``(o) Advisory Council on Transportation Statistics.--
          ``(1) Establishment.--The Director of the Bureau of 
        Transportation Statistics shall establish an Advisory Council 
        on Transportation Statistics.
          ``(2) Function.--It shall be the function of the Advisory 
        Council established under this subsection to--
                  ``(A) advise the Director of the Bureau of 
                Transportation Statistics on the quality, reliability, 
                consistency, objectivity, and relevance of 
                transportation statistics and analyses collected, 
                supported, or disseminated by the Bureau of 
                Transportation Statistics and the Department of 
                Transportation;
                  ``(B) provide input to and review the report to 
                Congress under subsection (d)(4); and
                  ``(C) advise the Director on methods to encourage 
                harmonization and interoperability of transportation 
                data collected by the Bureau, the operating 
                administrations of the Department of Transportation, 
                States, local governments, metropolitan planning 
                organizations, and private sector entities.
          ``(3) Membership.--The Advisory Council established under 
        this subsection shall be composed of not fewer than 9 and not 
        more than 11 members appointed by the Director, who are not 
        officers or employees of the United States. Each member shall 
        have expertise in transportation data collection or analysis or 
        application; except that 1 member shall have expertise in 
        economics, 1 member shall have expertise in statistics, and 1 
        member shall have experience in transportation safety. At least 
        1 member shall be a senior official of a State department of 
        transportation. Members shall include representation of a 
        cross-section of transportation community stakeholders.
          ``(4) Terms of appointment.--(A) Except as provided in 
        subparagraph (B), members shall be appointed to staggered terms 
        not to exceed 3 years. A member may be renominated for one 
        additional 3-year term.
          ``(B) Members serving on the Advisory Council on 
        Transportation Statistics as of the date of enactment of the 
        Transportation Equity Act: A Legacy for Users shall serve until 
        the end of their appointed terms.
          ``(5) Applicability of federal advisory committee act.--The 
        Federal Advisory Committee Act shall apply to the Advisory 
        Council established under this subsection, except that section 
        14 of such Act shall not apply to such Advisory Council.''.

SEC. 5502. REPORTS OF BUREAU OF TRANSPORTATION STATISTICS.

  Section 111(k) of title 49, United States Code, as amended by section 
5501 of this Act, is amended by inserting after paragraph (1) the 
following:
          ``(2) Copies of reports.--
                  ``(A) In general.--No department, bureau, agency, 
                officer, or employee of the United States (except the 
                Director in carrying out this section) may require, for 
                any reason, a copy of any report that has been filed 
                under subsection (c) with the Bureau or retained by an 
                individual respondent.
                  ``(B) Limitation on judicial proceedings.--A copy of 
                a report described in subparagraph (A) that has been 
                retained by an individual respondent or filed with the 
                Bureau or any of its employees, contractors, or 
                agents--
                          ``(i) shall be immune from legal process; and
                          ``(ii) shall not, without the consent of the 
                        individual concerned, be admitted as evidence 
                        or used for any purpose in any action, suit, or 
                        other judicial or administrative proceedings.
                  ``(C) Applicability.--This paragraph shall apply only 
                to reports that permit information concerning an 
                individual or organization to be reasonably determined 
                by direct or indirect means.''.

        Subtitle F--Intelligent Transportation Systems Research

SEC. 5601. SHORT TITLE.

  This subtitle may be cited as the ``Intelligent Transportation 
Systems Act of 2005''.

SEC. 5602. GOALS AND PURPOSES.

  (a) Goals.--The goals of the intelligent transportation system 
program include--
          (1) enhancement of surface transportation efficiency and 
        facilitation of intermodalism and international trade to enable 
        existing facilities to meet a significant portion of future 
        transportation needs, including public access to employment, 
        goods, and services and to reduce regulatory, financial, and 
        other transaction costs to public agencies and system users;
          (2) achievement of national transportation safety goals, 
        including the enhancement of safe operation of motor vehicles 
        and nonmotorized vehicles as well as improved emergency 
        response to a crash, with particular emphasis on decreasing the 
        number and severity of collisions;
          (3) protection and enhancement of the natural environment and 
        communities affected by surface transportation, with particular 
        emphasis on assisting State and local governments to achieve 
        national environmental goals;
          (4) accommodation of the needs of all users of surface 
        transportation systems, including operators of commercial motor 
        vehicles, passenger motor vehicles, motorcycles, and bicycles 
        and pedestrians, including individuals with disabilities; and
          (5) improvement of the Nation's ability to respond to 
        security-related or other manmade emergencies and natural 
        disasters and enhancement of national defense mobility.
  (b) Purposes.--The Secretary shall implement activities under the 
intelligent system transportation program to, at a minimum--
          (1) expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent transportation 
        systems for consumers of passenger and freight transportation;
          (2) ensure that Federal, State, and local transportation 
        officials have adequate knowledge of intelligent transportation 
        systems for full consideration in the transportation planning 
        process;
          (3) improve regional cooperation and operations planning for 
        effective intelligent transportation system deployment;
          (4) promote the innovative use of private resources;
          (5) facilitate, in cooperation with the motor vehicle 
        industry, the introduction of a vehicle-based safety enhancing 
        systems;
          (6) support the application of intelligent transportation 
        systems that increase the safety and efficiency of commercial 
        motor vehicle operations;
          (7) develop a workforce capable of developing, operating, and 
        maintaining intelligent transportation systems; and
          (8) provide continuing support for operations and maintenance 
        of intelligent transportation systems.

SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS.

  (a) Scope.--Subject to the provisions of this subtitle, the Secretary 
shall conduct an ongoing intelligent transportation system program to 
research, develop, and operationally test intelligent transportation 
systems and advance nationwide deployment of such systems as a 
component of the surface transportation systems of the United States.
  (b) Policy.--Intelligent transportation system research projects and 
operational tests funded pursuant to this subtitle shall encourage and 
not displace public-private partnerships or private sector investment 
in such tests and projects.
  (c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent transportation 
system program in cooperation with State and local governments and 
other public entities, the private sector of the United States, the 
Federal laboratories, and colleges and universities, including 
historically Black colleges and universities and other minority 
institutions of higher education.
  (d) Consultation With Federal Officials.--In carrying out the 
intelligent transportation system program, the Secretary shall consult 
with the heads of other Federal departments and agencies, as 
appropriate.
  (e) Technical Assistance, Training, and Information.--The Secretary 
may provide technical assistance, training, and information to State 
and local governments seeking to implement, operate, maintain, or 
evaluate intelligent transportation system technologies and services.
  (f) Transportation Planning.--The Secretary may provide funding to 
support adequate consideration of transportation systems management and 
operations, including intelligent transportation systems, within 
metropolitan and statewide transportation planning processes.
  (g) Information Clearinghouse.--
          (1) In general.--The Secretary shall--
                  (A) maintain a repository for technical and safety 
                data collected as a result of federally sponsored 
                projects carried out under this subtitle (including the 
                amendments made by this subtitle); and
                  (B) make, on request, that information (except for 
                proprietary information and data) readily available to 
                all users of the repository at an appropriate cost.
          (2) Agreement.--
                  (A) In general.--The Secretary may enter into an 
                agreement with a third party for the maintenance of the 
                repository for technical and safety data under 
                paragraph (1)(A).
                  (B) Federal financial assistance.--If the Secretary 
                enters into an agreement with an entity for the 
                maintenance of the repository, the entity shall be 
                eligible for Federal financial assistance under this 
                section.
          (3) Availability of information.--Information in the 
        repository shall not be subject to section 555 of title 5, 
        United States Code.
  (h) Advisory Committee.--
          (1) In general.--The Secretary shall establish an Advisory 
        Committee to advise the Secretary on carrying out this 
        subtitle.
          (2) Membership.--The Advisory Committee shall have no more 
        than 20 members, be balanced between metropolitan and rural 
        interests, and include, at a minimum--
                  (A) a representative from a State highway department;
                  (B) a representative from a local highway department 
                who is not from a metropolitan planning organization;
                  (C) a representative from a State, local, or regional 
                transit agency;
                  (D) a representative from a metropolitan planning 
                organization;
                  (E) a private sector user of intelligent 
                transportation system technologies;
                  (F) an academic researcher with expertise in computer 
                science or another information science field related to 
                intelligent transportation systems, and who is not an 
                expert on transportation issues;
                  (G) an academic researcher who is a civil engineer;
                  (H) an academic researcher who is a social scientist 
                with expertise in transportation issues;
                  (I) a representative from a not-for-profit group 
                representing the intelligent transportation system 
                industry;
                  (J) a representative from a public interest group 
                concerned with safety;
                  (K) a representative from a public interest group 
                concerned with the impact of the transportation system 
                on land use and residential patterns; and
                  (L) members with expertise in planning, safety, and 
                operations.
          (3) Duties.--The Advisory Committee shall, at a minimum, 
        perform the following duties:
                  (A) Provide input into the development of the 
                Intelligent Transportation System aspects of the 
                strategic plan under section 508 of title 23, United 
                States Code.
                  (B) Review, at least annually, areas of intelligent 
                transportation systems research being considered for 
                funding by the Department, to determine--
                          (i) whether these activities are likely to 
                        advance either the state-of-the-practice or 
                        state-of-the-art in intelligent transportation 
                        systems;
                          (ii) whether the intelligent transportation 
                        system technologies are likely to be deployed 
                        by users, and, if not, to determine the 
                        barriers to deployment; and
                          (iii) the appropriate roles for government 
                        and the private sector in investing in the 
                        research and technologies being considered.
          (4) Report.--Not later than February 1 of each year after the 
        date of enactment of this Act, the Secretary shall transmit to 
        the Congress, a report including--
                  (A) all recommendations made by the Advisory 
                Committee during the preceding calendar year;
                  (B) an explanation of how the Secretary has 
                implemented those recommendations; and
                  (C) for recommendations not implemented, the reasons 
                for rejecting the recommendations.
          (5) Applicability of federal advisory committee act.--The 
        Advisory Committee shall be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
  (i) Reporting.--
          (1) Guidelines and requirements.--
                  (A) In general.--The Secretary shall issue guidelines 
                and requirements for the reporting and evaluation of 
                operational tests and deployment projects carried out 
                under this subtitle.
                  (B) Objectivity and independence.--The guidelines and 
                requirements issued under subparagraph (A) shall 
                include provisions to ensure the objectivity and 
                independence of the reporting entity so as to avoid any 
                real or apparent conflict of interest or potential 
                influence on the outcome by parties to any such test or 
                deployment project or by any other formal evaluation 
                carried out under this subtitle.
                  (C) Funding.--The guidelines and requirements issued 
                under subparagraph (A) shall establish reporting 
                funding levels based on the size and scope of each test 
                or project that ensure adequate reporting of the 
                results of the test or project.
          (2) Special rule.--Any survey, questionnaire, or interview 
        that the Secretary considers necessary to carry out the 
        reporting of any test, deployment project, or program 
        assessment activity under this subtitle shall not be subject to 
        chapter 35 of title 44.

SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS.

  (a) In General.--
          (1) Development, implementation, and maintenance.--Consistent 
        with section 12(d) of the National Technology Transfer and 
        Advancement Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 
        the Secretary shall develop, implement, and maintain a national 
        architecture and supporting standards and protocols to promote 
        the widespread use and evaluation of intelligent transportation 
        system technology as a component of the surface transportation 
        systems of the United States.
          (2) Interoperability and efficiency.--To the maximum extent 
        practicable, the national architecture shall promote 
        interoperability among, and efficiency of, intelligent 
        transportation system technologies implemented throughout the 
        United States.
          (3) Use of standards development organizations.--In carrying 
        out this section, the Secretary shall use the services of such 
        standards development organizations as the Secretary determines 
        to be appropriate.
          (4) Use of expert panel.--
                  (A) Designation.--The Secretary shall designate a 
                panel of experts to recommend ways to expedite and 
                streamline the process for developing the standards and 
                protocols to be developed pursuant to paragraph (1).
                  (B) Nonapplicability of advisory committee act.--The 
                expert panel shall not be subject to the Federal 
                Advisory Committee Act (5 U.S.C. App.).
                  (C) Deadline for recommendation.--No later than 
                September 30, 2006, the expert panel shall provide the 
                Secretary with a recommendation relating to such 
                standards development.
  (b) Provisional Standards.--
          (1) In general.--If the Secretary finds that the development 
        or balloting of an intelligent transportation system standard 
        jeopardizes the timely achievement of the objectives identified 
        in subsection (a), the Secretary may establish a provisional 
        standard, after consultation with affected parties, using, to 
        the extent practicable, the work product of appropriate 
        standards development organizations.
          (2) Period of effectiveness.--A provisional standard 
        established under paragraph (1) shall be published in the 
        Federal Register and remain in effect until the appropriate 
        standards development organization adopts and publishes a 
        standard.
  (c) Conformity With National Architecture.--
          (1) In general.--Except as provided in paragraphs (2) and 
        (3), the Secretary shall ensure that intelligent transportation 
        system projects carried out using funds made available from the 
        Highway Trust Fund, including funds made available under this 
        subtitle to deploy intelligent transportation system 
        technologies, conform to the national architecture, applicable 
        standards or provisional standards, and protocols developed 
        under subsection (a).
          (2) Secretary's discretion.--The Secretary may authorize 
        exceptions to paragraph (1) for--
                  (A) projects designed to achieve specific research 
                objectives outlined in the national intelligent 
                transportation system program plan or the surface 
                transportation research and development strategic plan 
                developed under section 508 of title 23, United States 
                Code; or
                  (B) the upgrade or expansion of an intelligent 
                transportation system in existence on the date of 
                enactment of this Act if the Secretary determines that 
                the upgrade or expansion--
                          (i) would not adversely affect the goals or 
                        purposes of this subtitle;
                          (ii) is carried out before the end of the 
                        useful life of such system; and
                          (iii) is cost-effective as compared to 
                        alternatives that would meet the conformity 
                        requirement of paragraph (1).
          (3) Exceptions.--Paragraph (1) shall not apply to funds used 
        for operation or maintenance of an intelligent transportation 
        system in existence on the date of enactment of this Act.

SEC. 5605. RESEARCH AND DEVELOPMENT.

  (a) In General.--The Secretary shall carry out a comprehensive 
program of intelligent transportation system research, development, and 
operational tests of intelligent vehicles and intelligent 
infrastructure systems and other similar activities that are necessary 
to carry out this subtitle.
  (b) Priority Areas.--Under the program, the Secretary shall give 
higher priority to funding projects that--
          (1) enhance mobility and productivity through improved 
        traffic management, incident management, transit management, 
        freight management, road weather management, toll collection, 
        traveler information, or highway operations systems and remote 
        sensing products;
          (2) utilize interdisciplinary approaches to develop traffic 
        management strategies and tools to address multiple impacts of 
        congestion concurrently;
          (3) enhance safety through improved crash avoidance and 
        protection, crash and other notification, commercial motor 
        vehicle operations, and infrastructure-based or cooperative 
        safety systems; and
          (4) facilitate the integration of intelligent infrastructure, 
        vehicle, and control technologies.
  (c) Federal Share.--The Federal share of the cost of operational 
tests and demonstrations under subsection (a) shall not exceed 80 
percent.

SEC. 5606. INFRASTRUCTURE DEVELOPMENT.

  Funds made available to carry out this subtitle for operational 
tests--
          (1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
          (2) to the maximum extent practicable, shall not be used for 
        the construction of physical highway and public transportation 
        infrastructure unless the construction is incidental and 
        critically necessary to the implementation of an intelligent 
        transportation system project.

SEC. 5607. ROAD WEATHER RESEARCH AND DEVELOPMENT PROGRAM.

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

SEC. 5608. DEFINITIONS.

  In this subtitle, the following definitions apply:
          (1) Incident.--The term ``incident'' means a crash, a natural 
        disaster, workzone activity, special event, or other emergency 
        road user occurrence that adversely affects or impedes the 
        normal flow of traffic.
          (2) Intelligent transportation infrastructure.--The term 
        ``intelligent transportation infrastructure'' means fully 
        integrated public sector intelligent transportation system 
        components, as defined by the Secretary.
          (3) Intelligent transportation system.--The term 
        ``intelligent transportation system'' means electronics, 
        communications, or information processing used singly or in 
        combination to improve the efficiency or safety of a surface 
        transportation system.
          (4) National architecture.--The term ``national 
        architecture'' means the common framework for interoperability 
        that defines--
                  (A) the functions associated with intelligent 
                transportation system user services;
                  (B) the physical entities or subsystems within which 
                the functions reside;
                  (C) the data interfaces and information flows between 
                physical subsystems; and
                  (D) the communications requirements associated with 
                the information flows.
          (5) Project.--The term ``project'' means a undertaking to 
        research, develop, or operationally test intelligent 
        transportation systems or any other undertaking eligible for 
        assistance under this subtitle.
          (6) Standard.--The term ``standard'' means a document that--
                  (A) contains technical specifications or other 
                precise criteria for intelligent transportation systems 
                that are to be used consistently as rules, guidelines, 
                or definitions of characteristics so as to ensure that 
                materials, products, processes, and services are fit 
                for their purposes; and
                  (B) may support the national architecture and 
                promote--
                          (i) the widespread use and adoption of 
                        intelligent transportation system technology as 
                        a component of the surface transportation 
                        systems of the United States; and
                          (ii) interoperability among intelligent 
                        transportation system technologies implemented 
                        throughout the States.
          (7) State.--The term ``State'' has the meaning given the term 
        under section 101 of title 23, United States Code.
          (8) Transportation systems management and operations.--The 
        term ``transportation systems management and operations'' has 
        the meaning given the term under section 101(a) of such title.

SEC. 5609. RURAL INTERSTATE CORRIDOR COMMUNICATIONS STUDY.

  (a) Study.--The Secretary, in cooperation with the Secretary of 
Commerce, State departments of transportation, and other appropriate 
State, regional, and local officials, shall conduct a study on 
feasibility of installing fiber optic cabling and wireless 
communication infrastructure along multistate Interstate System route 
corridors for improved communications services to rural communities 
along such corridors.
  (b) Contents of Study.--In conducting the study, the Secretary shall 
identify--
          (1) impediments to installation of the infrastructure 
        described in subsection (a) along multistate Interstate System 
        route corridors and to connecting such infrastructure to the 
        rural communities along such corridors;
          (2) the effective geographic range of such infrastructure;
          (3) potential opportunities for the private sector to fund, 
        wholly or partially, the installation of such infrastructure;
          (4) potential benefits fiber optic cabling and wireless 
        communication infrastructure may provide to rural communities 
        along such corridors, including the effects of the installation 
        of such infrastructure on economic development, deployment of 
        intelligent transportation systems technologies and 
        applications, homeland security precaution and response, and 
        education and health systems in those communities;
          (5) rural broadband access points for such infrastructure;
          (6) areas of environmental conflict with such installation;
          (7) real estate ownership issues relating to such 
        installation;
          (8) preliminary design for placement of fiber optic cable and 
        wireless towers;
          (9) monetary value of the rights-of-way necessary for such 
        installation;
          (10) applicability and transferability of the benefits of 
        such installation to other rural corridors; and
          (11) safety and other operational issues associated with the 
        installation and maintenance of fiber optic cabling and wire 
        infrastructure within Interstate System rights-of-way and other 
        publicly owned rights-of-way.
  (c) Corridor Locations.--The study required under subsection (a) 
shall be conducted for corridors along--
          (1) Interstate Route I-90 through rural Wisconsin, southern 
        Minnesota, northern Iowa, and South Dakota;
          (2) Interstate Route I-20 through Alabama, Mississippi, and 
        northern Louisiana;
          (3) Interstate Route I-91 through Vermont, New Hampshire, and 
        Massachusetts; and
          (4) any other rural corridor the Secretary considers 
        appropriate.
  (d) Federal Share.--The Federal share of the cost of the study shall 
be 100 percent.
  (e) Report to Congress.--Not later than September 30, 2006, the 
Secretary shall transmit to Congress a report on the results of the 
study, including any recommendations of the Secretary.
  (f) Funding.--Of the amounts made available under section 5101(a)(5), 
$1,000,000 shall be available for fiscal year 2005, and $2,000,000 for 
fiscal year 2006, to carry out this section.

SEC. 5610. CENTERS FOR SURFACE TRANSPORTATION EXCELLENCE.

  (a) Establishment.--The Secretary shall establish 3 centers for 
surface transportation excellence.
  (b) Goals.--The goals of the centers for surface transportation 
excellence are to promote and support strategic national surface 
transportation programs and activities relating to the work of State 
departments of transportation in the areas of environment, rural 
safety, and project finance.
  (c) Role of Centers.--To achieve the goals set forth in subsection 
(b), the Secretary shall establish the 3 centers as follows:
          (1) Environmental excellence.--To provide technical 
        assistance, information sharing of best practices, and training 
        in the use of tools and decision-making processes that can 
        assist States in planning and delivering environmentally sound 
        surface transportation projects.
          (2) Rural safety.--To provide research, training, and 
        outreach on innovative uses of technology to enhance rural 
        safety and economic development, assess local community needs 
        to improve access to mobile emergency treatment, and develop 
        online and seminar training needs of rural transportation 
        practitioners and policy-makers.
          (3) Project finance.--To provide support to State 
        transportation departments in the development of finance plans 
        and project oversight tools and to develop and offer training 
        in state of the art financing methods to advance projects and 
        leverage funds.
  (d) Authorization of Appropriations.--
          (1) In general.--Of the amounts made available under section 
        5101(a)(1), the Secretary shall make available $2,000,000 for 
        each of fiscal years 2004 through 2009 to carry out this 
        section.
          (2) Allocation of funds.--Of the funds made available under 
        paragraph (1) the Secretary shall use such amounts as follows:
                  (A) 40 percent to establish the Center for 
                Environmental Excellence.
                  (B) 30 percent to establish the Center for Excellence 
                in Rural Safety.
                  (C) 30 percent to establish the Center for Excellence 
                in Project Finance.
          (3) Applicability of title 23.--Funds authorized by this 
        section shall be available for obligation in the same manner as 
        if such funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share shall be 100 
        percent.
  (e) Program Administration.--
          (1) Competition.--A party entering into a contract, 
        cooperative agreement, or other transaction with the Secretary, 
        or receiving a grant to perform research or provide technical 
        assistance under this section shall be selected on a 
        competitive basis, to the maximum extent practicable.
          (2) Strategic plan.--The Secretary shall require each center 
        to develop a multiyear strategic plan that describes--
                  (A) the activities to be undertaken; and
                  (B) how the work of the center is coordinated with 
                the activities of the Federal Highway Administration 
                and the various other research, development, and 
                technology transfer activities authorized by this 
                title. Such plans shall be submitted to the Secretary 
                by January 1, 2006, and each year thereafter.

SEC. 5611. REPEAL.

  Subtitle C of title V of The Transportation Equity Act for the 21st 
Century (23 U.S.C. 502 note; 112 Stat. 452-463) is repealed.

SEC. 5612. SPECIAL RULE FOR FISCAL YEAR 2004.

  In any case in which an amount is authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation for fiscal year 2004 for a program, project, or 
activity in any provision of this title, including an amendment made by 
this title, that is different than the amount authorized to be 
appropriated, made available, allocated, set aside, taken down, or 
subject to an obligation limitation for fiscal year 2004 for such 
program, project, or activity in any provision of the Surface 
Transportation Extension Act of 2004, Part V (Public Law 108-310), 
including any amendment made by such Act, the amount referred to in 
such Act shall be the amount authorized to be appropriated, made 
available, allocated, set aside, taken down, or subject to an 
obligation limitation.

         TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY

SEC. 6001. TRANSPORTATION PLANNING.

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

       ``CHAPTER 52--TRANSPORTATION PLANNING AND PROJECT DELIVERY

                    ``Subchapter A--General provisions

``Sec.
``5201. Definitions.

       ``Subchapter B--Transportation planning and Project delivery

``5211. Policy.
``5212. Definitions.
``5213. Metropolitan transportation planning.
``5214. Statewide transportation planning.

       ``Subchapter C--Efficient environmental reviews for Project 
                             decisionmaking

``5251. Definitions and applicability.
``5252. Project development procedures.

                   ``SUBCHAPTER A--GENERAL PROVISIONS

``Sec. 5201. Definitions

  ``In this chapter, the following definitions apply:
          ``(1) Secretary.--The term `Secretary' means the Secretary of 
        Transportation.
          ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and Puerto Rico.

      ``SUBCHAPTER B--TRANSPORTATION PLANNING AND PROJECT DELIVERY

``Sec. 5211. Policy

  ``(a) In General.--It is in the national interest to--
          ``(1) encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight and foster economic growth and development 
        within and between States and urbanized areas, while minimizing 
        transportation-related fuel consumption and air pollution 
        through metropolitan and statewide transportation planning 
        processes identified in this chapter; and
          ``(2) encourage the continued improvement and evolution of 
        the metropolitan and statewide transportation planning 
        processes by metropolitan planning organizations, State 
        departments of transportation, and public transit operators as 
        guided by the planning factors identified in sections 5213(f) 
        and 5214(d).
  ``(b) Common Transportation Planning Program.--This subchapter 
provides a common transportation planning program to be administered by 
the Federal Highway Administration and the Federal Transit 
Administration.

``Sec. 5212. Definitions

  ``(a) Applicability by Reference.--Unless otherwise specified in 
subsection (b), the definitions in section 101(a) of title 23 and 
section 5302 are applicable to this subchapter.
  ``(b) Additional Definitions.--In this subchapter, the following 
definitions apply:
          ``(1) Metropolitan planning area.--The term `metropolitan 
        planning area' means the geographic area determined by 
        agreement between the metropolitan planning organization for 
        the area and the Governor under section 5213(c).
          ``(2) Metropolitan planning organization.--The term 
        `metropolitan planning organization' means the policy board of 
        an organization created as a result of the designation process 
        in section 5213(b).
          ``(3) Nonmetropolitan area.--The term `nonmetropolitan area' 
        means a geographic area outside designated metropolitan 
        planning areas.
          ``(4) Nonmetropolitan local official.--The term 
        `nonmetropolitan local official' means elected and appointed 
        officials of general purpose local government in a 
        nonmetropolitan area with responsibility for transportation.
          ``(5) TIP.--The term `TIP' means a transportation improvement 
        program developed by a metropolitan planning organization under 
        section 5213.
          ``(6) Urbanized area.--The term `urbanized area' means a 
        geographic area with a population of 50,000 or more, as 
        designated by the Bureau of the Census.

``Sec. 5213. Metropolitan transportation planning

  ``(a) General Requirements.--
          ``(1) Development of long-range plans and tips.--To 
        accomplish the objectives in section 5211, metropolitan 
        planning organizations designated under subsection (b), in 
        cooperation with the State and public transportation operators, 
        shall develop long-range transportation plans and 
        transportation improvement programs for metropolitan planning 
        areas of the State.
          ``(2) Contents.--The plans and TIPs for each metropolitan 
        area shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including accessible pedestrian walkways and 
        bicycle transportation facilities) that will function as an 
        intermodal transportation system for the metropolitan planning 
        area and as an integral part of an intermodal transportation 
        system for the State and the United States.
          ``(3) Process of development.--The process for developing the 
        plans and TIPs shall provide for consideration of all modes of 
        transportation and shall be continuing, cooperative, and 
        comprehensive to the degree appropriate, based on the 
        complexity of the transportation problems to be addressed.
  ``(b) Designation of Metropolitan Planning Organizations.--
          ``(1) In general.--To carry out the transportation planning 
        process required by this section, a metropolitan planning 
        organization shall be designated for each urbanized area with a 
        population of more than 50,000 individuals--
                  ``(A) by agreement between the Governor and units of 
                general purpose local government that together 
                represent at least 75 percent of the affected 
                population (including the largest incorporated city 
                (based on population) as named by the Bureau of the 
                Census); or
                  ``(B) in accordance with procedures established by 
                applicable State or local law.
          ``(2) Structure.--Each metropolitan planning organization 
        that serves an area designated as a transportation management 
        area, when designated or redesignated under this subsection, 
        shall consist of--
                  ``(A) local elected officials;
                  ``(B) officials of public agencies that administer or 
                operate major modes of transportation in the 
                metropolitan area; and
                  ``(C) appropriate State officials.
          ``(3) Limitation on statutory construction.--Nothing in this 
        subsection shall be construed to interfere with the authority, 
        under any State law in effect on December 18, 1991, of a public 
        agency with multimodal transportation responsibilities to--
                  ``(A) develop the plans and TIPs for adoption by a 
                metropolitan planning organization; and
                  ``(B) develop long-range capital plans, coordinate 
                transit services and projects, and carry out other 
                activities pursuant to State law.
          ``(4) Continuing designation.--A designation of a 
        metropolitan planning organization under this subsection or any 
        other provision of law shall remain in effect until the 
        metropolitan planning organization is redesignated under 
        paragraph (5).
          ``(5) Redesignation procedures.--A metropolitan planning 
        organization may be redesignated by agreement between the 
        Governor and units of general purpose local government that 
        together represent at least 75 percent of the existing planning 
        area population (including the largest incorporated city (based 
        on population) as named by the Bureau of the Census) as 
        appropriate to carry out this section.
          ``(6) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning organization 
        may be designated within an existing metropolitan planning area 
        only if the Governor and the existing metropolitan planning 
        organization determine that the size and complexity of the 
        existing metropolitan planning area make designation of more 
        than 1 metropolitan planning organization for the area 
        appropriate.
  ``(c) Metropolitan Planning Area Boundaries.--
          ``(1) In general.--For the purposes of this section, the 
        boundaries of a metropolitan planning area shall be determined 
        by agreement between the metropolitan planning organization and 
        the Governor.
          ``(2) Included area.--Each metropolitan planning area--
                  ``(A) shall encompass at least the existing urbanized 
                area and the contiguous area expected to become 
                urbanized within a 20-year forecast period for the 
                transportation plan; and
                  ``(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of the 
                Census.
          ``(3) Identification of new urbanized areas within existing 
        planning area boundaries.--The designation by the Bureau of the 
        Census of new urbanized areas within an existing metropolitan 
        planning area shall not require the redesignation of the 
        existing metropolitan planning organization.
          ``(4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the case of 
        an urbanized area designated as a nonattainment area for ozone 
        or carbon monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.) as of the date of enactment of this paragraph, the 
        boundaries of the metropolitan planning area in existence as of 
        such date of enactment shall be retained; except that the 
        boundaries may be adjusted by agreement of the Governor and 
        affected metropolitan planning organizations in the manner 
        described in subsection (b)(5).
          ``(5) New metropolitan planning areas in nonattainment.--In 
        the case of an urbanized area designated after the date of 
        enactment of this paragraph as a nonattainment area for ozone 
        or carbon monoxide, the boundaries of the metropolitan planning 
        area--
                  ``(A) shall be established in the manner described in 
                subsection (b)(1);
                  ``(B) shall encompass the areas described in 
                paragraph (2)(A);
                  ``(C) may encompass the areas described in paragraph 
                (2)(B); and
                  ``(D) may address any nonattainment area identified 
                under the Clean Air Act for ozone or carbon monoxide.
  ``(d) Coordination in Multistate Areas.--
          ``(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a multistate 
        metropolitan area and the appropriate metropolitan planning 
        organizations to provide coordinated transportation planning 
        for the entire metropolitan area.
  ``(e) MPO Consultation in Plan and TIP Coordination.--
          ``(1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within a metropolitan area 
        or an area which is designated as a nonattainment area for 
        ozone or carbon monoxide under the Clean Air Act, each 
        metropolitan planning organization shall consult with the other 
        metropolitan planning organizations designated for such area 
        and the State in the coordination of plans and TIPs required by 
        this section.
          ``(2) Transportation improvements located in multiple mpos.--
        If a transportation improvement funded from the Highway Trust 
        Fund or authorized under chapter 53 is located within the 
        boundaries of more than 1 metropolitan planning area, the 
        metropolitan planning organizations shall coordinate plans and 
        TIPs regarding the transportation improvement.
          ``(3) Relationship with other planning officials.--The 
        Secretary shall encourage each metropolitan planning 
        organization to consult with those officials responsible for 
        other types of planning activities that are affected by 
        transportation in the area (including State and local planned 
        growth, economic development, environmental protection, airport 
        operations, and freight movements) or to coordinate its 
        planning process, to the maximum extent practicable, with such 
        planning activities. Under the metropolitan planning process, 
        transportation plans and TIPs shall be developed with due 
        consideration of other related planning activities within the 
        metropolitan area, and the process shall provide for the design 
        and delivery of transportation services within the metropolitan 
        area that are provided by--
                  ``(A) recipients of assistance under chapter 53;
                  ``(B) governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive Federal 
                assistance from a source other than the Department of 
                Transportation to provide nonemergency transportation 
                services; and
                  ``(C) recipients of assistance under section 204 of 
                title 23.
  ``(f) Scope of Planning Process.--
          ``(1) In general.--The goals and objectives developed through 
        the metropolitan planning process for a metropolitan planning 
        area under this section shall address the following factors as 
        they relate to the performance of the metropolitan area 
        transportation systems:
                  ``(A) Support of the economic vitality of the 
                metropolitan area, especially by enabling global 
                competitiveness, productivity, and efficiency.
                  ``(B) Increases in the safety and security of the 
                transportation system for motorized and nonmotorized 
                users.
                  ``(C) Increases in the accessibility and mobility of 
                people and for freight.
                  ``(D) Protection and enhancement of the environment, 
                promotion of energy conservation, improvement of the 
                quality of life, and promotion of consistency between 
                transportation improvements and State and local planned 
                growth and economic development patterns.
                  ``(E) Enhancement of the integration and connectivity 
                of the transportation system, across and between modes, 
                for people and freight.
                  ``(F) Promotion of efficient system management and 
                operation.
                  ``(G) Emphasis on the preservation of the existing 
                transportation system.
          ``(2) Failure to consider factors.--The failure to consider 
        any factor specified in paragraph (1) shall not be reviewable 
        by any court under title 23 or this title, subchapter II of 
        chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a transportation plan, a TIP, a project or strategy, 
        or the certification of a planning process.
  ``(g) Development of Transportation Plan.--
          ``(2) Transportation plan.--A transportation plan under this 
        section shall be in a form that the Secretary determines to be 
        appropriate and shall contain, at a minimum, the following:
                  ``(A) An identification of transportation facilities 
                (including major roadways, transit, multimodal and 
                intermodal facilities, and intermodal connectors) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and regional 
                transportation functions. In formulating the 
                transportation plan, the metropolitan planning 
                organization shall consider factors described in 
                subsection (f) as such factors relate to a 20-year 
                forecast period.
                  ``(B) A financial plan that demonstrates how the 
                adopted transportation plan can be implemented, 
                indicates resources from public and private sources 
                that are reasonably expected to be made available to 
                carry out the plan, and recommends any additional 
                financing strategies for needed projects and programs. 
                The financial plan may include, for illustrative 
                purposes, additional projects that would be included in 
                the adopted transportation plan if reasonable 
                additional resources beyond those identified in the 
                financial plan were available. For the purpose of 
                developing the transportation plan, the metropolitan 
                planning organization, transit operator, and State 
                shall cooperatively develop estimates of funds that 
                will be available to support plan implementation.
                  ``(C) Operational and management strategies to 
                improve the performance of existing transportation 
                facilities to relieve vehicular congestion and maximize 
                the safety and mobility of people and goods.
                  ``(D) Capital investment and other strategies to 
                preserve the existing and projected future metropolitan 
                transportation infrastructure and provide for 
                multimodal capacity increases based on regional 
                priorities and needs.
                  ``(E) Proposed transportation and transit enhancement 
                activities.
          ``(3) Coordination with clean air act agencies.--In 
        metropolitan areas which are in nonattainment for ozone or 
        carbon monoxide under the Clean Air Act, the metropolitan 
        planning organization shall coordinate the development of a 
        transportation plan with the process for development of the 
        transportation control measures of the State implementation 
        plan required by the Clean Air Act.
          ``(4) Participation by interested parties.--Before approving 
        a transportation plan, each metropolitan planning organization 
        shall provide citizens, affected public agencies, 
        representatives of public transportation employees, freight 
        shippers, providers of freight transportation services, private 
        providers of transportation, representatives of users of public 
        transportation, representatives of users of pedestrian walkways 
        and bicycle transportation facilities, representatives of the 
        disabled, and other interested parties with a reasonable 
        opportunity to comment on the transportation plan, in a manner 
        that the Secretary deems appropriate.
          ``(5) Publication.--A transportation plan involving Federal 
        participation shall be published or otherwise made readily 
        available by the metropolitan planning organization for public 
        review and submitted for information purposes to the Governor 
        at such times and in such manner as the Secretary shall 
        establish.
          ``(6) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(B), a State or metropolitan 
        planning organization shall not be required to select any 
        project from the illustrative list of additional projects 
        included in the financial plan under paragraph (2)(B).
  ``(h) Metropolitan TIP.--
          ``(1) Development.--
                  ``(A) In general.--In cooperation with the State and 
                any affected public transportation operator, the 
                metropolitan planning organization designated for a 
                metropolitan area shall develop a TIP for the area for 
                which the organization is designated.
                  ``(B) Opportunity for comment.--In developing the 
                TIP, the metropolitan planning organization, in 
                cooperation with the State and any affected public 
                transportation operator, shall provide citizens, 
                affected public agencies, representatives of public 
                transportation employees, freight shippers, providers 
                of freight transportation services, private providers 
                of transportation, representatives of users of public 
                transportation, representatives of the disabled, 
                representatives of users of pedestrian walkways and 
                bicycle facilities, and other interested parties with a 
                reasonable opportunity to comment on the proposed TIP.
                  ``(C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and State 
                shall cooperatively develop estimates of funds that are 
                reasonably expected to be available to support program 
                implementation.
                  ``(D) Updating and approval.--The TIP shall be 
                updated at least once every 4 years and shall be 
                approved by the metropolitan planning organization and 
                the Governor.
          ``(2) Contents.--
                  ``(A) Priority list.--The TIP shall include a 
                priority list of proposed federally supported projects 
                and strategies to be carried out within each 4-year 
                period after the initial adoption of the TIP.
                  ``(B) Financial plan.--The TIP shall include a 
                financial plan that--
                          ``(i) demonstrates how the TIP can be 
                        implemented;
                          ``(ii) indicates resources from public and 
                        private sources that are reasonably expected to 
                        be available to carry out the program;
                          ``(iii) identifies innovative financing 
                        techniques to finance projects, programs, and 
                        strategies; and
                          ``(iv) may include, for illustrative 
                        purposes, additional projects that would be 
                        included in the approved TIP if reasonable 
                        additional resources beyond those identified in 
                        the financial plan were available.
                  ``(C) Descriptions.--Each project in the TIP shall 
                include sufficient descriptive material (such as type 
                of work, termini, length, and other similar factors) to 
                identify the project or phase of the project.
                  ``(D) Congestion relief activities.--The TIP shall 
                include a listing of congestion relief activities to be 
                carried out to meet the requirements of section 139 of 
                title 23, categorized as either under one or under 
                three congestion relief activities.
          ``(3) Included projects.--
                  ``(A) Projects under title 23 and chapter 53.--A TIP 
                developed under this subsection for a metropolitan area 
                shall include the projects within the area that are 
                proposed for funding under chapter 1 of title 23 and 
                chapter 53.
                  ``(B) Projects under chapter 2 of title 23.--All 
                projects proposed for funding under chapter 2 of title 
                23 shall be identified individually in the TIP.
                  ``(C) Consistency with long-range transportation 
                plan.--Each project shall be consistent with the long-
                range transportation plan developed under subsection 
                (g) for the area.
                  ``(D) Requirement of anticipated full funding.--The 
                program shall include a project, or an identified phase 
                of a project, only if full funding can reasonably be 
                anticipated to be available for the project within the 
                time period contemplated for completion of the project.
          ``(4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with the 
        State and any affected public transportation operator, shall 
        provide citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, providers of 
        freight transportation services, private providers of 
        transportation, representatives of users of public 
        transportation, representatives of the disabled, 
        representatives of users of pedestrian walkways and bicycle 
        facilities, and other interested parties with reasonable notice 
        of and an opportunity to comment on the proposed program.
          ``(5) Selection of projects.--
                  ``(A) In general.--Except as otherwise provided in 
                subsection (i)(4) and in addition to the TIP 
                development required under paragraph (1), the selection 
                of federally funded projects in metropolitan areas 
                shall be carried out, from the approved TIP--
                          ``(i) by--
                                  ``(I) in the case of projects under 
                                title 23, the State; and
                                  ``(II) in the case of projects under 
                                chapter 53, the designated recipients 
                                of public transportation funding; and
                          ``(ii) in cooperation with the metropolitan 
                        planning organization.
                  ``(B) Modifications to project priority.--
                Notwithstanding any other provision of law, action by 
                the Secretary shall not be required to advance a 
                project included in the approved TIP in place of 
                another project in the program.
          ``(6) Selection of projects from illustrative list.--
                  ``(A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan planning 
                organization shall not be required to select any 
                project from the illustrative list of additional 
                projects included in the financial plan under paragraph 
                (2)(B)(iv).
                  ``(B) Required action by the secretary.--Action by 
                the Secretary shall be required for a State or 
                metropolitan planning organization to select any 
                project from the illustrative list of additional 
                projects included in the financial plan under paragraph 
                (2)(B)(iv) for inclusion in an approved TIP.
          ``(7) Publication.--
                  ``(A) Publication of tips.--A TIP involving Federal 
                participation shall be published or otherwise made 
                readily available by the metropolitan planning 
                organization for public review.
                  ``(B) Publication of annual listings of projects.--An 
                annual listing of projects for which Federal funds have 
                been obligated in the preceding year shall be published 
                or otherwise made available by the metropolitan 
                planning organization for public review. The listing 
                shall be consistent with the categories identified in 
                the TIP.
  ``(i) Transportation Management Areas.--
          ``(1) Identification and designation.--
                  ``(A) Required identification.--The Secretary shall 
                identify as a transportation management area each 
                urbanized area (as defined by the Bureau of the Census) 
                with a population of over 200,000 individuals.
                  ``(B) Designations on request.--The Secretary shall 
                designate any additional area as a transportation 
                management area on the request of the Governor and the 
                metropolitan planning organization designated for the 
                area.
          ``(2) Transportation plans.--In a metropolitan planning area 
        serving a transportation management area, transportation plans 
        shall be based on a continuing and comprehensive transportation 
        planning process carried out by the metropolitan planning 
        organization in cooperation with the State and public 
        transportation operators.
          ``(3) Congestion management process.--Within a metropolitan 
        planning area serving a transportation management area, the 
        transportation planning process under this section shall 
        address congestion management through a process that provides 
        for effective management and operation, based on a 
        cooperatively developed and implemented metropolitan-wide 
        strategy, of new and existing transportation facilities 
        eligible for funding under title 23 and chapter 53 through the 
        use of travel demand reduction and operational management 
        strategies and shall identify a sufficient number of congestion 
        relief activities under section 139 of title 23 to meet the 
        requirements of such section. The Secretary shall establish an 
        appropriate phase-in schedule for compliance with the 
        requirements of this section but no sooner than one year after 
        the identification of a transportation management area.
          ``(4) Selection of projects.--
                  ``(A) In general.--All federally funded projects 
                carried out within the boundaries of a metropolitan 
                planning area serving a transportation management area 
                under title 23 (excluding projects carried out on the 
                National Highway System and projects carried out under 
                the bridge program or the Interstate maintenance 
                program) or under chapter 53 shall be selected for 
                implementation from the approved TIP by the 
                metropolitan planning organization designated for the 
                area in consultation with the State and any affected 
                public transportation operator.
                  ``(B) National highway system projects.--Projects, 
                carried out within the boundaries of a metropolitan 
                planning area serving a transportation management area, 
                on the National Highway System and projects carried out 
                within such boundaries under the bridge program or the 
                Interstate maintenance program under title 23 shall be 
                selected for implementation from the approved TIP by 
                the State in cooperation with the metropolitan planning 
                organization designated for the area.
          ``(5) Certification.--
                  ``(A) In general.--The Secretary shall--
                          ``(i) ensure that the metropolitan planning 
                        process of a metropolitan planning organization 
                        serving a transportation management area is 
                        being carried out in accordance with applicable 
                        provisions of Federal law; and
                          ``(ii) subject to subparagraph (B), certify, 
                        not less often than once every 4 years, that 
                        the requirements of this paragraph are met with 
                        respect to the metropolitan planning process.
                  ``(B) Requirements for certification.--The Secretary 
                may make the certification under subparagraph (A) if--
                          ``(i) the transportation planning process 
                        complies with the requirements of this section 
                        and other applicable requirements of Federal 
                        law; and
                          ``(ii) there is a TIP for the metropolitan 
                        planning area that has been approved by the 
                        metropolitan planning organization and the 
                        Governor.
                  ``(C) Effect of failure to certify.--
                          ``(i) Withholding of project funds.--If a 
                        metropolitan planning process of a metropolitan 
                        planning organization serving a transportation 
                        management area is not certified, the Secretary 
                        may withhold up to 20 percent of the funds 
                        attributable to the metropolitan planning area 
                        of the metropolitan planning organization for 
                        projects funded under title 23 and chapter 53.
                          ``(ii) Restoration of withheld funds.--The 
                        withheld funds shall be restored to the 
                        metropolitan planning area at such time as the 
                        metropolitan planning process is certified by 
                        the Secretary.
                  ``(D) Review of certification.--In making 
                certification determinations under this paragraph, the 
                Secretary shall provide for public involvement 
                appropriate to the metropolitan area under review.
  ``(j) Abbreviated Plans for Certain Areas.--
          ``(1) In general.--Subject to paragraph (2), in the case of a 
        metropolitan area not designated as a transportation management 
        area under this section, the Secretary may provide for the 
        development of an abbreviated transportation plan and TIP for 
        the metropolitan planning area that the Secretary determines is 
        appropriate to achieve the purposes of this section, taking 
        into account the complexity of transportation problems in the 
        area.
          ``(2) Nonattainment areas.--The Secretary may not permit 
        abbreviated plans or TIPs for a metropolitan area that is in 
        nonattainment for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.).
  ``(k) Additional Requirements for Certain Nonattainment Areas.--
          ``(1) In general.--Notwithstanding any other provisions of 
        title 23 or chapter 53, for transportation management areas 
        classified as nonattainment for ozone or carbon monoxide 
        pursuant to the Clean Air Act, Federal funds may not be 
        advanced in such area for any highway project that will result 
        in a significant increase in the carrying capacity for single-
        occupant vehicles unless the project is addressed through a 
        congestion management process.
          ``(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning area 
        boundaries determined under subsection (c).
  ``(l) Limitation on Statutory Construction.--Nothing in this section 
shall be construed to confer on a metropolitan planning organization 
the authority to impose legal requirements on any transportation 
facility, provider, or project not eligible under title 23 or chapter 
53.
  ``(m) Funding.--
          ``(1) Set-asides.--Funds set aside under section 104(f) of 
        title 23 or section 5305(h) shall be available to carry out 
        this section.
          ``(2) Other funding.--Funds made available under section 
        5338(c) shall be available to carry out this section.
  ``(n) Continuation of Current Review Practice.--Since plans and TIPs 
described in this section are subject to a reasonable opportunity for 
public comment, individual projects included in plans and TIPs are 
subject to review under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), and decisions by the Secretary concerning 
plans and TIPs described in this section have not been reviewed under 
such Act as of January 1, 1997, any decision by the Secretary 
concerning a plan or TIP described in this section shall not be 
considered to be a Federal action subject to review under such Act.

``Sec. 5214. Statewide transportation planning

  ``(a) General Requirements.--
          ``(1) Development of plans and programs.--To accomplish the 
        objectives stated in section 5211, each State shall develop a 
        statewide transportation plan and a statewide transportation 
        improvement program for all areas of the State subject to 
        section 5213. Such program shall cover a period of 4 years and 
        be updated every 4 years or more frequently if the Governor 
        elects to update more frequently.
          ``(2) Contents.--The statewide transportation plan and the 
        transportation improvement program developed for each State 
        shall provide for the development and integrated management and 
        operation of transportation systems and facilities (including 
        accessible pedestrian walkways and bicycle transportation 
        facilities) that will function as an intermodal transportation 
        system for the State and an integral part of an intermodal 
        transportation system for the United States.
          ``(3) Process of development.--The process for developing the 
        statewide plan and the transportation improvement program shall 
        provide for consideration of all modes of transportation and 
        the policies stated in section 5211, and shall be continuing, 
        cooperative, and comprehensive to the degree appropriate, based 
        on the complexity of the transportation problems to be 
        addressed.
  ``(b) Coordination With Metropolitan Planning; State Implementation 
Plan.--A State shall--
          ``(1) coordinate planning carried out under this section with 
        the transportation planning activities carried out under 
        section 5213 for metropolitan areas of the State and with 
        statewide trade and economic development planning activities 
        and related multistate planning efforts; and
          ``(2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act (42 U.S.C. 
        7401 et seq.).
  ``(d) Scope of Planning Process.--
          ``(1) In general.--Each State shall carry out a statewide 
        transportation planning process that provides for consideration 
        and implementation of projects, strategies, and services that 
        will--
                  ``(A) support the economic vitality of the United 
                States, the States, nonmetropolitan areas, and 
                metropolitan areas, especially by enabling global 
                competitiveness, productivity, and efficiency;
                  ``(B) increase the safety and security of the 
                transportation system for motorized and nonmotorized 
                users;
                  ``(C) increase the accessibility and mobility of 
                people and freight;
                  ``(D) protect and enhance the environment, promote 
                energy conservation, improve the quality of life, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns;
                  ``(E) enhance the integration and connectivity of the 
                transportation system, across and between modes 
                throughout the State, for people and freight;
                  ``(F) promote efficient system management and 
                operation; and
                  ``(G) emphasize the preservation of the existing 
                transportation system.
          ``(2) Failure to consider factors.--The failure to consider 
        any factor specified in paragraph (1) shall not be reviewable 
        by any court under title 23 or this title, subchapter II of 
        chapter 5 of title 5, or chapter 7 of title 5 in any matter 
        affecting a statewide transportation plan, the transportation 
        improvement program, a project or strategy, or the 
        certification of a planning process.
  ``(e) Additional Requirements.--In carrying out planning under this 
section, each State shall consider, at a minimum--
          ``(1) with respect to nonmetropolitan areas, the concerns of 
        affected local officials with responsibility for 
        transportation;
          ``(2) the concerns of Indian tribal governments and Federal 
        land management agencies that have jurisdiction over land 
        within the boundaries of the State; and
          ``(3) coordination of transportation plans, the 
        transportation improvement program, and planning activities 
        with related planning activities being carried out outside of 
        metropolitan planning areas and between States.
  ``(f) Long-Range Statewide Transportation Plan.--
          ``(1) Development.--Each State shall develop a long-range 
        statewide transportation plan, with a minimum 20-year forecast 
        period for all areas of the State, that provides for the 
        development and implementation of the intermodal transportation 
        system of the State.
          ``(2) Consultation with governments.--
                  ``(A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation with the 
                metropolitan planning organization designated for the 
                metropolitan area under section 5213.
                  ``(B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide transportation 
                plan shall be developed in consultation with affected 
                nonmetropolitan officials with responsibility for 
                transportation. The Secretary shall not review or 
                approve the consultation process in each State.
                  ``(C) Indian tribal areas.--With respect to each area 
                of the State under the jurisdiction of an Indian tribal 
                government, the statewide transportation plan shall be 
                developed in consultation with the tribal government 
                and the Secretary of the Interior.
          ``(3) Participation by interested parties.--In developing the 
        statewide transportation plan, the State shall--
                  ``(A) provide citizens, affected public agencies, 
                representatives of public transportation employees, 
                freight shippers, private providers of transportation, 
                representatives of users of public transportation, 
                representatives of users of pedestrian walkways and 
                bicycle transportation facilities, representatives of 
                the disabled, providers of freight transportation 
                services, and other interested parties with a 
                reasonable opportunity to comment on the proposed plan; 
                and
                  ``(B) identify transportation strategies necessary to 
                efficiently serve the mobility needs of people.
          ``(4) Financial plan.--The statewide transportation plan may 
        include a financial plan that demonstrates how the adopted 
        statewide transportation plan can be implemented, indicates 
        resources from public and private sources that are reasonably 
        expected to be made available to carry out the plan, and 
        recommends any additional financing strategies for needed 
        projects and programs. The financial plan may include, for 
        illustrative purposes, additional projects that would be 
        included in the adopted statewide transportation plan if 
        reasonable additional resources beyond those identified in the 
        financial plan were available.
          ``(5) Selection of projects from illustrative list.--A State 
        shall not be required to select any project from the 
        illustrative list of additional projects included in the 
        financial plan described in paragraph (4).
          ``(6) Existing system.--The statewide transportation plan 
        should include capital, operations and management strategies, 
        investments, procedures, and other measures to ensure the 
        preservation and most efficient use of the existing 
        transportation system.
  ``(g) Statewide Transportation Improvement Program.--
          ``(1) Development.--Each State shall develop a statewide 
        transportation improvement program for all areas of the State.
          ``(2) Consultation with governments.--
                  ``(A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the program shall be 
                developed in cooperation with the metropolitan planning 
                organization designated for the metropolitan area under 
                section 5213.
                  ``(B) Nonmetropolitan areas.--With respect to each 
                nonmetropolitan area in the State, the program shall be 
                developed in consultation with affected nonmetropolitan 
                local officials with responsibility for transportation. 
                The Secretary shall not review or approve the specific 
                consultation process in the State.
                  ``(C) Indian tribal areas.--With respect to each area 
                of the State under the jurisdiction of an Indian tribal 
                government, the program shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
          ``(3) Participation by interested parties.--In developing the 
        program, the State shall provide citizens, affected public 
        agencies, representatives of public transportation employees, 
        freight shippers, private providers of transportation, 
        providers of freight transportation services, representatives 
        of users of public transportation, representatives of users of 
        pedestrian walkways and bicycle transportation facilities, 
        representatives of the disabled, and other interested parties 
        with a reasonable opportunity to comment on the proposed 
        program.
          ``(4) Included projects.--
                  ``(A) In general.--A transportation improvement 
                program developed under this subsection for a State 
                shall include federally supported surface 
                transportation expenditures within the boundaries of 
                the State.
                  ``(B) Projects under chapter 2 of title 23.--All 
                projects proposed for funding under chapter 2 of title 
                23 shall be identified individually in the 
                transportation improvement program.
                  ``(C) Consistency with statewide transportation 
                plan.--Each project shall be--
                          ``(i) consistent with the statewide 
                        transportation plan developed under this 
                        section for the State;
                          ``(ii) identical to the project or phase of 
                        the project as described in an approved 
                        metropolitan transportation plan; and
                          ``(iii) in conformance with the applicable 
                        State air quality implementation plan developed 
                        under the Clean Air Act (42 U.S.C. 7401 et 
                        seq.), if the project is carried out in an area 
                        designated as nonattainment for ozone or carbon 
                        monoxide under that Act.
                  ``(D) Requirement of anticipated full funding.--The 
                transportation improvement program shall include a 
                project, or an identified phase of a project, only if 
                full funding can reasonably be anticipated to be 
                available for the project within the time period 
                contemplated for completion of the project.
                  ``(E) Financial plan.--The transportation improvement 
                program may include a financial plan that demonstrates 
                how the approved transportation improvement program can 
                be implemented, indicates resources from public and 
                private sources that are reasonably expected to be made 
                available to carry out the transportation improvement 
                program, and recommends any additional financing 
                strategies for needed projects and programs. The 
                financial plan may include, for illustrative purposes, 
                additional projects that would be included in the 
                adopted transportation plan if reasonable additional 
                resources beyond those identified in the financial plan 
                were available.
                  ``(F) Selection of projects from illustrative list.--
                          ``(i) No required selection.--Notwithstanding 
                        subparagraph (E), a State shall not be required 
                        to select any project from the illustrative 
                        list of additional projects included in the 
                        financial plan under subparagraph (E).
                          ``(ii) Required action by the secretary.--
                        Action by the Secretary shall be required for a 
                        State to select any project from the 
                        illustrative list of additional projects 
                        included in the financial plan under 
                        subparagraph (E) for inclusion in an approved 
                        transportation improvement program.
                  ``(G) Priorities.--The transportation improvement 
                program shall reflect the priorities for programming 
                and expenditures of funds, including transportation 
                enhancement activities, required by title 23 and 
                chapter 53.
                  ``(H) Prioritization of congestion relief 
                activities.--The transportation improvement program 
                shall reflect the priorities for congestion relief 
                activities included in the metropolitan transportation 
                plan to meet the requirements of section 139 of title 
                23.
          ``(5) Project selection for areas of less than 50,000 
        population.--Projects carried out in areas with populations of 
        less than 50,000 individuals shall be selected, from the 
        approved transportation improvement program (excluding projects 
        carried out on the National Highway System and projects carried 
        out under the bridge program or the Interstate maintenance 
        program under title 23 or sections 5310, 5311, 5316, and 5317), 
        by the State in cooperation with the affected nonmetropolitan 
        local officials with responsibility for transportation. 
        Projects carried out in areas with populations of less than 
        50,000 individuals on the National Highway System or under the 
        bridge program or the Interstate maintenance program under 
        title 23 or under sections 5310, 5311, 5316, and 5317 shall be 
        selected, from the approved statewide transportation 
        improvement program, by the State in consultation with the 
        affected nonmetropolitan local officials with responsibility 
        for transportation.
          ``(6) Transportation improvement program approval.--Every 4 
        years, a transportation improvement program developed under 
        this subsection shall be reviewed and approved by the Secretary 
        if based on a current planning finding.
          ``(7) Planning finding.--A finding shall be made by the 
        Secretary at least every 4 years that the transportation 
        planning process through which statewide transportation plans 
        and programs are developed is consistent with this section and 
        section 5213.
          ``(8) Modifications to project priority.--Notwithstanding any 
        other provision of law, action by the Secretary shall not be 
        required to advance a project included in the approved 
        transportation improvement program in place of another project 
        in the program.
  ``(h) Funding.--
          ``(1) Set-aside.--Funds set aside pursuant to section 104(i) 
        of title 23 shall be available to carry out this section.
          ``(2) Other funding.--Funds made available under section 
        5338(c) shall be available to carry out this section.
  ``(i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5213, State laws, 
rules, or regulations pertaining to congestion management systems or 
programs may constitute the congestion management process under section 
5213(i)(3) if the Secretary finds that the State laws, rules, or 
regulations are consistent with, and fulfill the intent of, the 
purposes of section 5213, as appropriate.
  ``(j) Continuation of Current Review Practice.--Since the statewide 
transportation plan and the transportation improvement program 
described in this section are subject to a reasonable opportunity for 
public comment, since individual projects included in the statewide 
transportation plans and the transportation improvement program are 
subject to review under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), and since decisions by the Secretary 
concerning statewide transportation plans or the transportation 
improvement program described in this section have not been reviewed 
under such Act as of January 1, 1997, any decision by the Secretary 
concerning a metropolitan or statewide transportation plan or the 
transportation improvement program described in this section shall not 
be considered to be a Federal action subject to review under such 
Act.''.
  (b) Conforming Amendment.--The analysis for such subtitle is amended 
by inserting the following after the item relating to chapter 51:

``52. Transportation planning and project delivery..........    5201''.

SEC. 6002. EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT DECISIONMAKING.

  (a) Policy and Purpose.--
          (1) Policy.--The Enlibra principles, as initially developed 
        by the Western Governors Association and adopted by the 
        National Governors Association, represent a sound basis for 
        interaction among the Federal, State, local governments, and 
        Indian tribes on environmental matters and should be followed 
        in the development of highway construction and public transit 
        improvements. These principles are as follows:
                  (A) Assign responsibilities at the right level.
                  (B) Use collaborative processes to break down 
                barriers and find solutions.
                  (C) Move to a performance-based system.
                  (D) Separate subjective choices from objective data 
                gathering.
                  (E) Pursue economic incentives whenever appropriate.
                  (F) Ensure environmental understanding.
                  (G) Make sure environmental decisions are fully 
                informed.
                  (H) Use appropriate geographic boundaries for 
                environmental problems.
          (2) Purpose.--The purpose of this section is to reduce delays 
        in the delivery of highway construction and public 
        transportation capital projects arising from the environmental 
        review process, while continuing to ensure the protection of 
        the human and natural environment.
  (b) Project Development Procedures.--Chapter 52 of title 49, United 
States Code, as added by section 6001(a) of this Act, is amended by 
adding at the end the following:

      ``SUBCHAPTER C--EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
                             DECISIONMAKING

``Sec. 5251. Definitions and applicability

  ``(a) Definitions.--In this section, the following definitions apply:
          ``(1) Agency.--The term `agency' means any agency, 
        department, or other unit of Federal, State, local, or Indian 
        tribal government.
          ``(2) Environmental impact statement.--The term 
        `environmental impact statement' means the detailed statement 
        of environmental impacts required to be prepared under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.).
          ``(3) Environmental review process.--
                  ``(A) In general.--The term `environmental review 
                process' means the process for preparing for a project 
                an environmental impact statement, environmental 
                assessment, categorical exclusion, or other document 
                prepared under the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                  ``(B) Inclusions.--The term includes the process for 
                and completion of any environmental permit, approval, 
                review, or study required for a project under any 
                Federal law other than the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
          ``(4) Lead agency.--The term `lead agency' means the 
        Department of Transportation and, if applicable, any State or 
        local governmental entity serving as a joint lead agency 
        pursuant to this section.
          ``(5) Multimodal project.--The term `multimodal project' 
        means a project funded, in whole or in part, under title 23 or 
        chapter 53 and involving the participation of more than one 
        Department of Transportation administration or agency.
          ``(6) Project.--The term `project' means any highway project, 
        public transportation capital project, or multimodal project 
        that requires the approval of the Secretary.
          ``(7) Project sponsor.--The term `project sponsor' means the 
        agency or other entity, including any private or public-private 
        entity, that seeks approval of the Secretary for a project.
          ``(8) State transportation department.--The term `State 
        transportation department' means any statewide agency of a 
        State with responsibility for one or more modes of 
        transportation.
  ``(b) Applicability.--This subchapter is applicable to all projects 
for which an environmental impact statement is prepared under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
This subchapter may be applied, to the extent determined appropriate by 
the Secretary, to other projects for which an environmental document is 
prepared pursuant to such Act. Any authorities granted in this 
subchapter may be exercised for a project, class of projects, or 
program of projects.

``Sec. 5252. Project development procedures

  ``(a) Lead Agencies.--
          ``(1) Federal lead agency.--The Department of Transportation 
        shall be the Federal lead agency in the environmental review 
        process for a project.
          ``(2) Project sponsor as joint lead agency.--Any project 
        sponsor that is a State or local governmental entity receiving 
        funds under title 23 or chapter 53 for the project shall serve 
        as a joint lead agency with the Department for purposes of 
        preparing any environmental document under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and 
        may prepare any such environmental document required in support 
        of any action or approval by the Secretary if the Federal lead 
        agency furnishes guidance in such preparation and independently 
        evaluates such document and the document is approved and 
        adopted by the Secretary prior to the Secretary taking any 
        subsequent action or making any approval based on such 
        document, whether or not the Secretary's action or approval 
        results in Federal funding.
          ``(3) Ensuring compliance.--The Secretary shall ensure that 
        the project sponsor complies with all design and mitigation 
        commitments made jointly by the Secretary and the project 
        sponsor in any environmental document prepared by the project 
        sponsor in accordance with this subsection and that such 
        document is appropriately supplemented if project changes 
        become necessary.
          ``(4) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection may be 
        adopted or used by any Federal agency making any approval to 
        the same extent that such Federal agency could adopt or use a 
        document prepared by another Federal agency.
  ``(b) Participating Agencies.--
          ``(1) In general.--The lead agency shall be responsible for 
        inviting and designating participating agencies in accordance 
        with this subsection.
          ``(2) Invitation.--The lead agency shall identify, as early 
        as practicable in the environmental review process for a 
        project, any other Federal and non-Federal agencies that may 
        have an interest in the project, and shall invite such agencies 
        to become participating agencies in the environmental review 
        process for the project. The invitation shall set a deadline 
        for responses to be submitted. The deadline may be extended by 
        the lead agency for good cause.
          ``(3) Federal participating agencies.--Any Federal agency 
        that is invited by the lead agency to participate in the 
        environmental review process for a project shall be designated 
        as a participating agency by the lead agency unless the invited 
        agency informs the lead agency, in writing, by the deadline 
        specified in the invitation that the invited agency--
                  ``(A) has no jurisdiction or authority with respect 
                to the project;
                  ``(B) has no expertise or information relevant to the 
                project; and
                  ``(C) does not intend to submit comments on the 
                project.
          ``(4) Effect of designation.--Designation as a participating 
        agency under this subsection shall not imply that the 
        participating agency--
                  ``(A) supports a proposed project; or
                  ``(B) has any jurisdiction over, or special expertise 
                with respect to evaluation of, the project.
          ``(5) Cooperating agency.--A participating agency may also be 
        designated by a lead agency as a `cooperating agency' under the 
        regulations contained in part 1500 of title 40, Code of Federal 
        Regulations.
          ``(6) Designations for categories of projects.--The Secretary 
        may exercise the authorities granted under this subsection for 
        a project, class of projects, or program of projects.
  ``(c) Project Initiation.--
          ``(1) In general.--The project sponsor shall initiate the 
        environmental review process for a project by submitting an 
        initiation notice to the Secretary.
          ``(2) Contents of notice.--The initiation notice shall 
        include, at a minimum, a brief description of the type of work, 
        termini, length, and general location of the proposed project, 
        together with a statement of any Federal approvals anticipated 
        to be needed for the project.
  ``(d) Purpose and Need.--
          ``(1) Participation.--As early as practicable during the 
        environmental review process, the lead agency shall provide an 
        opportunity for involvement by participating agencies and the 
        public in defining the purpose and need for a project.
          ``(2) Definition.--Following participation under paragraph 
        (1), the lead agency shall define the project's purpose and 
        need for purposes of any document which the lead agency is 
        responsible for preparing for the project.
          ``(3) Objectives.--The statement of purpose and need shall 
        include a clear statement of the objectives that the proposed 
        action is intended to achieve, which may include--
                  ``(A) achieving a transportation objective identified 
                in an applicable statewide or metropolitan 
                transportation plan;
                  ``(B) supporting land use, economic development, or 
                growth objectives established in applicable Federal, 
                State, local, or tribal plans; and
                  ``(C) serving national defense, national security, or 
                other national objectives, as established in Federal 
                laws, plans, or policies.
  ``(e) Alternatives Analysis.--
          ``(1) Participation.--As early as practicable during the 
        environmental review process, the lead agency shall provide an 
        opportunity for involvement by participating agencies and the 
        public in determining the range of alternatives to be 
        considered for a project.
          ``(2) Range of alternatives.--Following participation under 
        paragraph (1), the lead agency shall determine the range of 
        alternatives for consideration in any document which the lead 
        agency is responsible for preparing for the project.
          ``(3) Methodologies.--The lead agency also shall determine, 
        in collaboration with participating agencies at appropriate 
        times during the study process, the methodologies to be used 
        and the level of detail required in the analysis of each 
        alternative for a project.
          ``(4) Preferred alternative.--At the discretion of the lead 
        agency, the preferred alternative for a project, after being 
        identified, may be developed to a higher level of detail than 
        other alternatives in order to facilitate the development of 
        mitigation measures or concurrent compliance with other 
        applicable laws if the lead agency determines that the 
        development of such higher level of detail will not prevent the 
        lead agency from making an impartial decision as to whether to 
        accept another alternative which is being considered in the 
        environmental review process.
  ``(f) Comment Deadlines.--The lead agency shall establish the 
following deadlines for comment during the environmental review process 
for a project:
          ``(1) For comments by agencies and the public on a draft 
        environmental impact statement, a period of no more than 60 
        days from the date of public availability of such document, 
        unless--
                  ``(A) a different deadline is established by 
                agreement of the lead agency, the project sponsor, and 
                all participating agencies; or
                  ``(B) the deadline is extended by the lead agency for 
                good cause.
          ``(2) For all other comment periods established by the lead 
        agency for agency or public comments in the environmental 
        review process, a period of no more than 30 days from 
        availability of the materials on which comment is requested, 
        unless--
                  ``(A) a different deadline is established by 
                agreement of the lead agency, the project sponsor, and 
                all participating agencies; or
                  ``(B) the deadline is extended by the lead agency for 
                good cause.
  ``(g) Issue Identification and Resolution.--
          ``(1) Cooperation.--The lead agency and the participating 
        agencies shall work cooperatively in accordance with this 
        section to identify and resolve issues that could delay 
        completion of the environmental review process or could result 
        in denial of any approvals required for the project under 
        applicable laws.
          ``(2) Lead agency responsibilities.--The lead agency shall 
        make information available to the participating agencies as 
        early as practicable in the environmental review process 
        regarding the environmental and socioeconomic resources located 
        within the project area and the general locations of the 
        alternatives under consideration. Such information may be based 
        on existing data sources, including geographic information 
        systems mapping.
          ``(3) Participating agency responsibilities.--Based on 
        information received from the lead agency, participating 
        agencies shall identify, as early as practicable, any issues of 
        concern regarding the project's potential environmental or 
        socioeconomic impacts. In this paragraph, issues of concern 
        include any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is needed 
        for the project.
          ``(4) Issue resolution.--Whenever issues of concern are 
        identified or at any time upon request of a project sponsor, 
        the lead agency shall promptly convene a meeting with the 
        relevant participating agencies. If a resolution cannot be 
        achieved within 30 days following such a meeting and a 
        determination by the lead agency that all information necessary 
        to resolve the issue has been obtained, the lead agency shall 
        notify the heads of all Federal agencies involved in the 
        meeting and the Committee on Environment and Public Works of 
        the Senate and the Committee on Transportation and 
        Infrastructure of the House of Representatives and shall 
        publish such notification in the Federal Register.
  ``(h) Participation of State Agencies.--For any project eligible for 
assistance under title 23 or chapter 53, a State may require, under 
procedures established by State law, that all State agencies that have 
jurisdiction by State or Federal law over environmental-related issues 
that may be affected by the project, or that are required to issue any 
environmental-related reviews, analyses, opinions, or determinations on 
issuing any permits, licenses, or approvals for the project, be subject 
to the coordinated environmental review process established under this 
section unless the Secretary determines that a State agency's 
participation would not be in the public interest. A State 
participating in the review process must require all State agencies 
with jurisdiction to be subject to and comply with the review process 
to the same extent as a Federal agency.
  ``(i) Assistance to Affected State and Federal Agencies.--
          ``(1) In general.--For a project that is subject to the 
        environmental review process established under this section and 
        for which funds are made available to a State under title 23 or 
        chapter 53, the Secretary may approve a request by the State to 
        provide funds so made available to affected Federal agencies 
        (including the Department of Transportation), State agencies, 
        and Indian tribes participating in the environmental review 
        process for the project. Such funds may be provided only to 
        support activities that directly and meaningfully contribute to 
        expediting and improving transportation project planning and 
        delivery. Such activities may include dedicated staffing, 
        training of agency personnel, information gathering and 
        mapping, and development of programmatic agreements. The 
        Secretary may also use funds made available under section 204 
        of title 23 for a project for the purposes specified in this 
        subsection with respect to the environmental review process for 
        the project.
          ``(2) Amounts.--Requests under paragraph (1) may be approved 
        only for the additional amounts that the Secretary determines 
        are necessary for the Federal agencies, State agencies, or 
        Indian tribes participating in the environmental review process 
        to meet the time limits for environmental review.
          ``(3) Condition.--A request under paragraph (1) to expedite 
        time limits for environmental review may be approved only if 
        such time limits are less than the customary time necessary for 
        such review.''.
  (c) Existing Environmental Review Processes.--Nothing in this section 
shall be deemed to affect any existing environmental review process 
approved by the Secretary.

SEC. 6003. POLICY ON HISTORIC SITES.

  (a) Title 49.--Section 303 of title 49, United States Code, is 
amended by adding at the end the following:
  ``(d) Special Rules for Historic Sites.--
          ``(1) In general.--The requirements of this section are 
        deemed to be satisfied in any case in which the treatment of a 
        historic site has been agreed upon in accordance with section 
        106 of the National Historic Preservation Act (16 U.S.C. 470f) 
        and the agreement includes a determination that the program or 
        project will not have an adverse effect on the historic site.
          ``(2) Limitation on applicability.--This subsection does not 
        apply in any case in which the Advisory Council on Historic 
        Preservation determines, concurrent with or prior to the 
        conclusion of section 106 consultation, that allowing section 
        106 compliance to satisfy the requirements of this section 
        would be inconsistent with the objectives of the National 
        Historic Preservation Act. The Council shall make such a 
        determination if petitioned to do so by a section 106 
        consulting party, unless the Council affirmatively finds that 
        the views of the requesting party have been adequately 
        considered and that section 106 compliance will adequately 
        protect historic properties.
          ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Section 106 consultation.--The term `section 
                106 consultation' means the consultation process 
                required under section 106 of the National Historic 
                Preservation Act (16 U.S.C. 470f).
                  ``(B) Adverse effect.--The term `adverse effect' 
                means altering, directly or indirectly, any of the 
                characteristics of a historic property that qualify the 
                property for inclusion in the National Register in a 
                manner that would diminish the integrity of the 
                property's location, design, setting, materials, 
                workmanship, feeling, or association.''.
  (b) Title 23.--Section 138 of title 23, United States Code is 
amended--
          (1) by inserting ``(a) Policy.--'' before ``It is''; and
          (2) by striking ``In carrying'' and inserting the following:
  ``(c) Studies.--In carrying''; and
          (3) by inserting after subsection (a) (as designated by 
        paragraph (1)) the following:
  ``(b) Special Rules for Historic Sites.--
          ``(1) In general.--The requirements of this section are 
        deemed to be satisfied in any case in which the treatment of a 
        historic site has been agreed upon in accordance with section 
        106 of the National Historic Preservation Act (16 U.S.C. 470f) 
        and the agreement includes a determination that the program or 
        project will not have an adverse effect on the historic site.
          ``(2) Limitation on applicability.--This subsection does not 
        apply in any case in which the Advisory Council on Historic 
        Preservation determines, concurrent with or prior to the 
        conclusion of section 106 consultation, that allowing section 
        106 compliance to satisfy the requirements of this section 
        would be inconsistent with the objectives of the National 
        Historic Preservation Act. The Council shall make such a 
        determination if petitioned to do so by a section 106 
        consulting party, unless the Council affirmatively finds that 
        the views of the requesting party have been adequately 
        considered and that section 106 compliance will adequately 
        protect historic properties.
          ``(3) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) Section 106 consultation.--The term `section 
                106 consultation' means the consultation process 
                required under section 106 of the National Historic 
                Preservation Act (16 U.S.C. 470f).
                  ``(B) Adverse effect.--The term `adverse effect' 
                means altering, directly or indirectly, any of the 
                characteristics of a historic property that qualify the 
                property for inclusion in the National Register in a 
                manner that would diminish the integrity of the 
                property's location, design, setting, materials, 
                workmanship, feeling, or association.''.

SEC. 6004. EXEMPTION OF INTERSTATE SYSTEM.

  Section 103(c) of title 23, United States Code, is amended by adding 
at the end the following:
          ``(5) Exemption of interstate system.--
                  ``(A) In general.--Except as provided in subparagraph 
                (B), the Interstate System shall not be considered to 
                be a historic site under section 303 of title 49 or 
                section 138 of this title, regardless of whether the 
                Interstate System or portions of the Interstate System 
                are listed on, or eligible for listing on, the National 
                Register of Historic Places.
                  ``(B) Individual elements.--Subject to subparagraph 
                (C), a portion of the Interstate System that possesses 
                an independent feature of historic significance (such 
                as a historic bridge or a highly significant 
                engineering feature) that is listed on, or eligible for 
                listing on, the National Register of Historic Places, 
                shall be considered to be a historic site under section 
                303 of title 49 or section 138 of this title, as 
                applicable.
                  ``(C) Construction, maintenance, restoration, and 
                rehabilitation activities.--Subparagraph (B) does not 
                prohibit a State from carrying out construction, 
                maintenance, restoration, or rehabilitation activities 
                for a portion of the Interstate System referred to in 
                subparagraph (B) upon compliance with section 303 of 
                title 49 or section 138 of this title, as applicable, 
                and section 106 of the National Historic Preservation 
                Act of 1966 (16 U.S.C. 470f).''.

SEC. 6005. INTERSTATE COMPACTS.

  Section 5213(d), as inserted by section 6001(a) of this Act, is 
amended by inserting after paragraph (1) the following:
          ``(2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  ``(A) to enter into agreements or compacts, not in 
                conflict with any law of the United States, for 
                cooperative efforts and mutual assistance in support of 
                activities authorized under this section as the 
                activities pertain to interstate areas and localities 
                within the States; and
                  ``(B) to establish such agencies, joint or otherwise, 
                as the States may determine desirable for making the 
                agreements and compacts effective.
          ``(3) Lake tahoe region.--
                  ``(A) Definition.--In this paragraph, the term `Lake 
                Tahoe region' has the meaning given the term `region' 
                in subdivision (a) of article II of the Tahoe Regional 
                Planning Compact, as set forth in the first section of 
                Public Law 96-551 (94 Stat. 3234).
                  ``(B) Transportation planning process.--The Secretary 
                shall--
                          ``(i) establish with the Federal land 
                        management agencies that have jurisdiction over 
                        land in the Lake Tahoe region a transportation 
                        planning process for the region; and
                          ``(ii) coordinate the transportation planning 
                        process with the planning process required of 
                        State and local governments under this section 
                        and section 5214.
                  ``(C) Interstate compact.--
                          ``(i) In general.--Subject to clause (ii), 
                        notwithstanding subsection (b), to carry out 
                        the transportation planning process required by 
                        this section, the consent of Congress is 
                        granted to the States of California and Nevada 
                        to designate a metropolitan planning 
                        organization for the Lake Tahoe region, by 
                        agreement between the Governors of the States 
                        of California and Nevada and units of general 
                        purpose local government that together 
                        represent at least 75 percent of the affected 
                        population (including the central city or 
                        cities (as defined by the Bureau of the 
                        Census)), or in accordance with procedures 
                        established by applicable State or local law.
                          ``(ii) Involvement of federal land management 
                        agencies.--
                                  ``(I) Representation.--The policy 
                                board of a metropolitan planning 
                                organization designated under clause 
                                (i) shall include a representative of 
                                each Federal land management agency 
                                that has jurisdiction over land in the 
                                Lake Tahoe region.
                                  ``(II) Funding.--In addition to funds 
                                made available to the metropolitan 
                                planning organization under other 
                                provisions of title 23 and under 
                                chapter 53, not more than 1 percent of 
                                the funds allocated under section 202 
                                of title 23 may be used to carry out 
                                the transportation planning process for 
                                the Lake Tahoe region under this 
                                subparagraph.
                  ``(D) Activities.--Highway projects included in 
                transportation plans developed under this paragraph--
                          ``(i) shall be selected for funding in a 
                        manner that facilitates the participation of 
                        the Federal land management agencies that have 
                        jurisdiction over land in the Lake Tahoe 
                        region; and
                          ``(ii) may, in accordance with chapter 2 of 
                        title 23, be funded using funds allocated under 
                        section 202 of title 23.
          ``(4) Reservation of rights.--The right to alter, amend or 
        repeal interstate compacts entered into under this subsection 
        is expressly reserved.''.

SEC. 6006. DEVELOPMENT OF TRANSPORTATION PLAN.

  Section 5213(g), as inserted by section 6001(a) of this Act, is 
amended by inserting before paragraph (2) the following:
          ``(1) In general.--Each metropolitan planning organization 
        shall prepare, and update periodically, according to a schedule 
        that the Secretary determines to be appropriate, a 
        transportation plan for its metropolitan planning area in 
        accordance with the requirements of this subsection. The 
        metropolitan planning organization shall prepare and update 
        such plan every 4 years (or more frequently, if the 
        metropolitan planning organization elects to update more 
        frequently) in the case of each of the following:
                  ``(A) Any area designated as nonattainment, as 
                defined in section 107(d) of the Clean Air Act (42 
                U.S.C. 7407(d)).
                  ``(B) Any area that was nonattainment and 
                subsequently designated to attainment in accordance 
                with section 107(d)(3) of that Act (42 U.S.C. 
                7407(d)(3)) and that is subject to a maintenance plan 
                under section 175A of that Act (42 U.S.C. 7505a).
        In the case of any other area required to have a transportation 
        plan in accordance with the requirements of this subsection, 
        the metropolitan planning organization shall prepare and update 
        such plan every 4 years unless the metropolitan planning 
        organization elects to update more frequently.''.

SEC. 6007. INTERSTATE AGREEMENTS.

  Section 5214, as inserted by section 6001(a) of this Act, is amended 
by inserting after subsection (b) the following:
  ``(c) Interstate Agreements.--
          ``(1) In general.--The consent of Congress is granted to 2 or 
        more States entering into agreements or compacts, not in 
        conflict with any law of the United States, for cooperative 
        efforts and mutual assistance in support of activities 
        authorized under this section related to interstate areas and 
        localities in the States and establishing authorities the 
        States consider desirable for making the agreements and 
        compacts effective.
          ``(2) Reservation of rights.--The right to alter, amend or 
        repeal interstate compacts entered into under this subsection 
        is expressly reserved.''.

SEC. 6008. REGULATIONS RELATING TO TRANSPORTATION PLANNING.

  Not later than 18 months after the date of enactment of this Act, the 
Secretary shall issue regulations that are consistent with the 
provisions of subchapter B of chapter 52 of title 49, United States 
Code, that relate to the Clean Air Act.

SEC. 6009. SPECIAL RULES RELATING TO PROJECT DEVELOPMENT PROCEDURES.

  Section 5252 of title 49, United States Code, as inserted by section 
6001(a) of this Act, is amended by adding at the end the following:
  ``(j) Judicial Review and Savings Clause.--
          ``(1) Judicial review.--Except as set forth under subsection 
        (k), nothing in this section shall affect the reviewability of 
        any final Federal agency action in a court of the United 
        States.
          ``(2) Savings clause.--Nothing in this section shall be 
        construed as superseding, amending, or modifying the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or 
        any other Federal environmental statute or affect the 
        responsibility of any Federal officer to comply with or enforce 
        any such statute.
          ``(3) Limitations.--Nothing in this section shall preempt or 
        interfere with--
                  ``(A) any practice of seeking, considering, or 
                responding to public comment; or
                  ``(B) any power, jurisdiction, responsibility, or 
                authority that a Federal, State, or local government 
                agency, metropolitan planning organization, Indian 
                tribe, or project sponsor has with respect to carrying 
                out a project or any other provisions of law applicable 
                to projects, plans, or programs.
  ``(k) Limitations on Claims.--
          ``(1) In general.--Notwithstanding any other provision of 
        law, a claim arising under Federal law seeking judicial review 
        of a permit, license, or approval issued by a Federal agency 
        for a highway or public transportation capital project shall be 
        barred unless it is filed within 90 days after the permit, 
        license, or approval is final pursuant to the law under which 
        the agency action is taken, unless a shorter time is specified 
        in the Federal law pursuant to which judicial review is 
        allowed. Nothing in this subsection shall create a right to 
        judicial review or place any limit on filing a claim that a 
        person has violated the terms of a permit, license, or 
        approval.
          ``(2) New information.--The Secretary shall consider new 
        information received after the close of a comment period if the 
        information satisfies the requirements for a supplemental 
        environmental impact statement under section 771.130 of title 
        23, Code of Federal Regulations. The preparation of a 
        supplemental environmental impact statement when required shall 
        be considered a separate final agency action and the deadline 
        for filing a claim for judicial review of such action shall be 
        90 days after the date of such action.''.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 7001. AMENDMENT OF TITLE 49, UNITED STATES CODE.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or a 
repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title 49, 
United States Code.

SEC. 7002. FINDINGS AND PURPOSE.

  (a) Findings.--Congress finds with respect to hazardous materials 
transportation that--
          (1) approximately 4,000,000,000 tons of regulated hazardous 
        materials are transported each year and approximately 1,200,000 
        movements of hazardous materials occur each day, according to 
        Department of Transportation estimates;
          (2) the movement of hazardous materials in commerce is 
        necessary to maintain economic vitality and meet consumer 
        demands and must be conducted in a safe and efficient manner;
          (3) accidents involving, or unauthorized access to, hazardous 
        materials in transportation may result in a release of such 
        materials and pose a serious threat to public health and 
        safety;
          (4) many States and localities have enacted laws and 
        regulations that vary from Federal laws and regulations 
        pertaining to the transportation of hazardous materials, 
        thereby creating the potential for unreasonable hazards in 
        other jurisdictions and confounding shippers and carriers that 
        attempt to comply with multiple regulatory requirements;
          (5) because of the potential risks to life, property, and the 
        environment posed by unintentional releases of hazardous 
        materials, consistency in laws and regulations governing the 
        transportation of hazardous materials is necessary and 
        desirable;
          (6) in order to achieve greater uniformity and to promote the 
        public health, welfare, and safety at all levels, Federal 
        standards for regulating the transportation of hazardous 
        materials in intrastate, interstate, and foreign commerce are 
        necessary and desirable; and
          (7) in order to provide reasonable, adequate, and cost-
        effective protection from the risks posed by the transportation 
        of hazardous materials, a network of well-trained State and 
        local emergency response personnel and hazmat employees is 
        essential.
  (b) Purpose.--The text of section 5101 is amended to read as follows: 
``The purpose of this chapter is to protect against the risks to life, 
property, and the environment that are inherent in the transportation 
of hazardous material in intrastate, interstate, and foreign 
commerce.''.

SEC. 7003. DEFINITIONS.

  Section 5102 is amended--
          (1) in paragraph (1)--
                  (A) by striking ``or'' at the end of subparagraph 
                (A);
                  (B) by striking the period at the end of subparagraph 
                (B) and inserting ``; or''; and
                  (C) by inserting at the end the following:
                  ``(C) on a United States registered aircraft.'';
          (2) in paragraph (8) by striking ``national response team'' 
        each place it appears and inserting ``National Response Team'';
          (3) by redesignating paragraphs (11), (12), and (13) as 
        paragraphs (12), (13), and (14), respectively; and
          (4) by inserting after paragraph (10) the following:
          ``(11) `Secretary' means the Secretary of Transportation.''.

SEC. 7004. GENERAL REGULATORY AUTHORITY.

  (a) Technical Amendments.--Section 5103(a) is amended--
          (1) by striking ``etiologic agent,'' and inserting 
        ``infectious substance,''; and
          (2) by striking ``poison,'' and inserting ``toxic,''.
  (b) Regulations for Safe Transportation.--Section 5103(b)(1)(A) is 
amended--
          (1) in clause (i) by striking ``transporting'' and inserting 
        ``that transports'';
          (2) in clause (ii)--
                  (A) by striking ``causing'' and inserting ``that 
                causes''; and
                  (B) by striking ``or'' at the end; and
          (3) by striking clause (iii) and inserting the following:
                  ``(iii) that designs, manufactures, fabricates, 
                inspects, marks, maintains, reconditions, repairs, or 
                tests a package or container that is represented, 
                marked, certified, or sold by that person as qualified 
                for use in transporting hazardous material in commerce;
                  ``(iv) that prepares or accepts hazardous material 
                for transportation in commerce;
                  ``(v) that is responsible for the safety of 
                transporting hazardous material in commerce;
                  ``(vi) that certifies compliance with any requirement 
                of this chapter; or
                  ``(vii) that misrepresents whether the person is 
                engaged in any of the activities described in this 
                subparagraph; and''.
  (c) Technical Amendment.--Section 5103(b) is amended--
          (1) by moving subparagraph (C) from the end of paragraph (1) 
        and inserting it after paragraph (2);
          (2) by redesignating such subparagraph as paragraph (3); and
          (3) by moving such paragraph (3) 2 ems to the left.

SEC. 7005. CHEMICAL OR BIOLOGICAL MATERIALS.

  Section 5103a(c) is amended--
          (1) in paragraph (2) by striking ``this subsection'' and 
        inserting ``paragraph (1)''; and
          (2) by adding at the end the following:
          ``(3) Standards.--The Secretary shall prescribe by regulation 
        uniform standards (including standards used to disqualify 
        applicants) governing--
                  ``(A) the collection by States of background 
                information authorized by paragraph (1);
                  ``(B) the collection, transmission, and review of 
                background information; and
                  ``(C) the notification of an applicant of the results 
                of the background check.
          ``(4) Fees.--A State may impose and collect an appropriate 
        fee to carry out paragraph (1) consistent with section 5125(f).
          ``(5) Operators registered in mexico and canada.--No operator 
        of a commercial motor vehicle (as defined in section 31101) 
        licensed in Mexico or Canada may operate in the United States a 
        commercial motor vehicle transporting hazardous material until 
        the operator has undergone a background records check similar 
        to the background records check required of operators of 
        commercial motor vehicles licensed in the United States to 
        transport hazardous materials.''.

SEC. 7006. REPRESENTATION AND TAMPERING.

  (a) Representation.--Section 5104(a) is amended--
          (1) by striking ``A person'' and inserting ``No person'';
          (2) in paragraph (1) by striking ``only if'' and all that 
        follows through ``meets'' and inserting ``if it does not 
        conform to''; and
          (3) in paragraph (2) by striking ``only if'' and inserting 
        ``unless''.
  (b) Tampering.--Section 5104(b) is amended by striking ``A person may 
not'' and inserting ``No person may''.

SEC. 7007. TECHNICAL AMENDMENTS.

  (a) Elimination of Completed Study.--Section 5105 is amended--
          (1) by striking subsection (d); and
          (2) by redesignating subsection (e) as subsection (d).
  (b) Classification of Explosives.--Section 5108(a)(1)(B) is amended 
by striking ``class A or B'' and inserting ``Division 1.1, 1.2, or 
1.3''.

SEC. 7008. TRAINING OF CERTAIN EMPLOYEES.

  Section 5107 is amended--
          (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively;
          (2) in subsection (g)(2) (as so redesignated) by striking 
        ``sections 5106, 5108(a)-(g)(1) and (h), and 5109 of this 
        title'' and inserting ``section 5106''; and
          (3) by inserting after subsection (e) the following:
  ``(f) Training of Certain Employees.--The Secretary shall ensure that 
maintenance-of-way employees and railroad signalmen receive general 
awareness/familiarization training and safety training pursuant to 
section 172.704 of title 49, Code of Federal Regulations.''.

SEC. 7009. REGISTRATION.

  (a) Persons Required to File.--Section 5108(a) is amended--
          (1) in paragraph (2)(B) by striking ``manufacturing, 
        fabricating, marking, maintaining, reconditioning, repairing, 
        or testing'' and inserting ``designing, manufacturing, 
        fabricating, inspecting, marking, maintaining, reconditioning, 
        repairing, or testing''; and
          (2) by aligning the left margin of paragraph (4) with the 
        left margin of paragraph (3).
  (b) Filing Schedule.--Section 5108(c) is amended--
          (1) by striking the subsection heading and inserting``Filing 
        Schedule''; and
          (2) in paragraph (1)--
                  (A) by striking ``must file the first'' and inserting 
                ``shall file that'';
                  (B) by striking ``not later than March 31, 1992'' and 
                inserting ``in accordance with regulations issued by 
                the Secretary''; and
                  (C) by striking the second sentence.
  (c) Fees.--Section 5108(g) is amended--
          (1) in paragraph (1) by striking ``may'' and inserting 
        ``shall'';
          (2) in paragraph (2)(A) by striking ``$5,000'' and inserting 
        ``$3,000''; and
          (3) by adding at the end the following:
          ``(3) Fees on exempt persons.--Notwithstanding subsection 
        (a)(4), the Secretary shall impose and collect a fee of $25 
        from a person who is required to register under this section 
        but who is otherwise exempted by the Secretary from paying any 
        fee under this section. The fee shall be used to pay the cost 
        of the Secretary in processing registration statements filed by 
        such persons.''.
  (d) Relationship to Other Laws.--Section 5108(i)(2)(B) is amended by 
inserting ``, Indian tribe,'' after ``State'' the first place it 
appears.
  (e) Hazmat Registration Notification.--As soon as practicable, the 
Pipelines and Hazardous Materials Safety Administrator of the 
Department of Transportation shall transmit to the Federal Motor 
Carrier Safety Administration hazardous material registrant information 
obtained before, on, or after the date of enactment of this Act under 
section 5108 of title 49, United States Code, together with any 
Department of Transportation identification number for each registrant.

SEC. 7010. PROVIDING SHIPPING PAPERS.

  Section 5110 is amended--
          (1) in subsection (a) by striking ``under subsection (b) of 
        this section'' and inserting ``by regulation''; and
          (2) in subsection (e) by striking ``1 year'' and inserting 
        ``2 years after the date of preparation of the shipping 
        paper''.

SEC. 7011. RAIL TANK CARS.

  Section 5111, and the item relating to such section in the analysis 
for chapter 51, are repealed.

SEC. 7012. UNSATISFACTORY SAFETY RATING.

  The text of section 5113 is amended to read as follows: ``A person 
who violates section 31144(c)(3) shall be subject to the penalties in 
sections 5123 and 5124.''.

SEC. 7013. TRAINING CURRICULUM FOR THE PUBLIC SECTOR.

  (a) Requirements.--Section 5115(b)(1)(C) is amended by striking 
``under other United States Government grant programs, including 
those'' and inserting ``with Federal financial assistance, including 
programs''.
  (b) Training on Complying With Legal Requirements.--Section 
5115(c)(3) is amended by inserting before the period at the end the 
following: ``and such other voluntary consensus standard-setting 
organizations as the Secretary determines appropriate''.
  (c) Distribution and Publication.--Section 5115(d) is amended--
          (1) in the matter preceding paragraph (1) by striking 
        ``national response team'' and inserting ``National Response 
        Team'';
          (2) in paragraph (1) by striking ``Director of the Federal 
        Emergency Management Agency'' and inserting ``Secretary''; and
          (3) in paragraph (2)--
                  (A) by inserting ``and distribute'' after 
                ``publish''; and
                  (B) by striking ``programs that uses'' and all that 
                follows before the period at the end and inserting 
                ``programs and courses developed under this section''.

SEC. 7014. PLANNING AND TRAINING GRANTS, MONITORING, AND REVIEW.

  (a) Factors to Consider in Determining Needs.--Section 5116(b)(4) is 
amended--
          (1) by striking ``and'' at the end of subparagraph (D);
          (2) by redesignating subparagraph (E) as subparagraph (F); 
        and
          (3) by inserting after subparagraph (D) the following:
          ``(E) the report submitted by the State to the Secretary 
        under section 5125(f)(2); and''.
  (b) Compliance With Certain Law.--Section 5116(c) is amended--
          (1) by inserting ``or Indian tribe'' after ``a State'';
          (2) by inserting ``or Indian tribe'' after ``the State'' the 
        first place it appears; and
          (3) by inserting ``(1) the State or Indian tribe is complying 
        with all applicable requirements of this chapter (including 
        section 5125(f)), and (2) in the case of a State,'' after 
        ``certifies that''.
  (c) Government's Share of Costs.--Section 5116(e) is amended by 
striking the second sentence and inserting the following: ``Amounts 
received by the State or tribe under subsections (a)(1) and (b)(1) are 
not part of the non-Government share under this subsection.''.
  (d) Monitoring and Technical Assistance.--Section 5116(f) is 
amended--
          (1) in the first sentence--
                  (A) by striking ``Secretaries of Transportation and 
                Energy,'' and inserting ``Secretary of Energy, Director 
                of the Federal Emergency Management Agency,''; and
                  (B) by striking ``Director of the Federal Emergency 
                Management Agency shall'' and inserting ``Secretary of 
                Transportation shall''; and
          (2) in the second sentence--
                  (A) by striking ``the Secretaries, Administrator, and 
                Directors each shall'' and inserting ``the Secretary 
                shall''; and
                  (B) by striking ``national response team'' and 
                inserting ``National Response Team''.
  (e) Delegation of Authority.--Section 5116(g) is amended by striking 
``Government grant programs'' and inserting ``Federal financial 
assistance''.
  (f) Hazardous Materials Emergency Preparedness Fund.--Section 5116(i) 
is amended--
          (1) by striking the subsection heading and inserting 
        ``Hazardous Materials Emergency Preparedness Fund.--'';
          (2) in the matter preceding paragraph (1)--
                  (A) by inserting ``, to be known as the `Hazardous 
                Materials Emergency Preparedness Fund','' after 
                ``account in the Treasury''; and
                  (B) by striking ``section 5108(g)(2)(A) of this 
                title'' and all that follows before the period at the 
                end of the first sentence and inserting ``this 
                chapter'';
          (3) by striking ``and'' at the end of paragraph (2);
          (4) by redesignating paragraph (3) as paragraph (4); and
          (5) by inserting after paragraph (2) the following:
          ``(3) to publish and distribute the Emergency Response 
        Guidebook; and''.
  (g) Reports.--In section 5116(k)--
          (1) by striking the first sentence and inserting the 
        following: ``The Secretary shall submit to Congress and make 
        available to the public annually a report on the allocation and 
        uses of planning grants under subsection (a), training grants 
        under subsection (b), and grants under subsection (j) and under 
        section 5107.''; and
          (2) in the second sentence by striking ``Such report'' and 
        inserting ``The report''.

SEC. 7015. SPECIAL PERMITS AND EXCLUSIONS.

  (a) Section Heading.--
          (1) In general.--Section 5117 is amended by striking the 
        section number and heading and inserting the following:

``Sec. 5117. Special permits and exclusions''.

          (2) Conforming amendment.--The item relating to section 5117 
        in the analysis for chapter 51 is amended to read as follows:

``5117. Special permits and exclusions.''.

  (b) Subsection Heading.--The heading for subsection (a) of section 
5117 is amended by striking ``Exempt'' and inserting ``Issue Special 
Permits''.
  (c) Authority to Issue Special Permits.--Section 5117(a)(1) is 
amended--
          (1) by striking ``an exemption'' and inserting ``, modify, or 
        terminate a special permit authorizing a variance''; and
          (2) by striking ``transporting, or causing to be transported, 
        hazardous material'' and inserting ``performing a function 
        regulated by the Secretary under section 5103(b)(1)''.
  (d) Period of Special Permit.--Section 5117(a)(2) is amended to read 
as follows:
  ``(2) A special permit issued under this section shall be effective 
for an initial period of not more than 2 years and may be renewed by 
the Secretary upon application for an additional period of not more 
than 4 years or, in the case of a special permit relating to section 
5112, for an additional period of not more than 2 years.''.
  (e) Applications.--Sections 5117(b) is amended--
          (1) by striking ``an exemption'' each place it appears and 
        inserting ``a special permit''; and
          (2) by striking ``the exemption'' and inserting ``the special 
        permit''.
  (f) Dealing With Applications Promptly.--Section 5117(c) is amended 
by striking ``the exemption'' each place it appears and inserting ``the 
special permit''.
  (g) Limitation on Authority.--Section 5117(e) is amended--
          (1) by striking ``an exemption'' and inserting ``a special 
        permit''; and
          (2) by striking ``be exempt'' and inserting ``be granted a 
        variance''.

SEC. 7016. UNIFORM FORMS AND PROCEDURES.

  Section 5119 is amended to read as follows:

``Sec. 5119. Uniform forms and procedures

  ``(a) Establishment of Working Group.--The Secretary shall establish 
a working group of State and local government officials, including 
representatives of the National Governors' Association, the National 
Association of Counties, the National League of Cities, the United 
States Conference of Mayors, the National Conference of State 
Legislatures, and the Alliance for Uniform Hazmat Transportation 
Procedures.
  ``(b) Purpose of Working Group.--The purpose of the working group 
shall be to establish uniform forms and procedures for a State to 
register, and to issue permits to, persons that transport, or cause to 
be transported, hazardous material by motor vehicle in the State.
  ``(c) Limitation on Working Group.--The working group may not propose 
to define or limit the amount of a fee a State may impose or collect.
  ``(d) Procedure.--The Secretary shall develop a procedure by which 
the working group shall harmonize existing State registration and 
permit laws and regulations relating to the transportation of hazardous 
materials, with special attention paid to each State's unique safety 
concerns and interest in maintaining strong hazmat safety standards.
  ``(e) Report of Working Group.--Not later than 18 months after the 
date of enactment of this subsection, the working group shall transmit 
to the Secretary a report containing recommendations for establishing 
uniform forms and procedures described in subsection (b).
  ``(f) Regulations.--Not later than 2 years after the date of 
enactment of this subsection, the Secretary shall issue regulations to 
carry out such recommendations of the working group as the Secretary 
considers appropriate.
  ``(g) Limitation on Statutory Construction.--Nothing in this section 
shall be construed as prohibiting a State from voluntarily 
participating in a program of uniform forms and procedures until such 
time as the Secretary issues regulations under subsection (f).''.

SEC. 7017. INTERNATIONAL UNIFORMITY OF STANDARDS AND REQUIREMENTS.

  (a) Consultation.--Section 5120(b) is amended by inserting ``and 
requirements'' after ``standards''.
  (b) Differences With International Standards and Requirements.--
Section 5120(c) is amended--
          (1) in paragraph (1) by inserting ``or requirement'' after 
        ``standard'' each place it appears; and
          (2) in paragraph (2)--
                  (A) by inserting ``standard or'' before 
                ``requirement'' each place it appears; and
                  (B) by striking ``included in a standard''.

SEC. 7018. ADMINISTRATIVE.

  (a) General Authority.--Section 5121(a) is amended--
          (1) in the first sentence by inserting ``conduct tests,'' 
        after ``investigate,'';
          (2) in the second sentence by striking ``After'' and 
        inserting ``Except as provided in subsections (c) and (d), 
        after''; and
          (3) by striking ``regulation prescribed'' and inserting 
        ``regulation, order, special permit, or approval issued''.
  (b) Records, Reports, and Information.--Section 5121(b) is amended--
          (1) in paragraph (1) by inserting ``and property'' after 
        ``records''; and
          (2) in paragraph (2)--
                  (A) by inserting ``property,'' after ``records,'';
                  (B) by inserting ``for inspection'' after 
                ``available''; and
                  (C) by striking ``requests'' and inserting 
                ``undertakes an investigation or makes a request''.
  (c) Enhanced Authority to Discover Hidden Shipments of Hazardous 
Material.--Section 5121(c) is amended to read as follows:
  ``(c) Inspections and Investigations.--
          ``(1) In general.--A designated officer, employee, or agent 
        of the Secretary--
                  ``(A) may inspect and investigate, at a reasonable 
                time and in a reasonable manner, records and property 
                relating to a function described in section 5103(b)(1);
                  ``(B) except in the case of packaging immediately 
                adjacent to its hazardous material contents, may gain 
                access to, open, and examine a package offered for, or 
                in, transportation when the officer, employee, or agent 
                has an objectively reasonable and articulable belief 
                that the package may contain a hazardous material;
                  ``(C) may remove from transportation a package or 
                related packages in a shipment offered for or in 
                transportation for which--
                          ``(i) such officer, employee, or agent has an 
                        objectively reasonable and articulable belief 
                        that the package may pose an imminent hazard; 
                        and
                          ``(ii) such officer, employee, or agent 
                        contemporaneously documents such belief in 
                        accordance with procedures set forth in 
                        guidance or regulations prescribed under 
                        subsection (e);
                  ``(D) may gather information from the offeror, 
                carrier, packaging manufacturer or retester, or other 
                person responsible for the package, to ascertain the 
                nature and hazards of the contents of the package;
                  ``(E) as necessary, under terms and conditions 
                specified by the Secretary, may order the offeror, 
                carrier, packaging manufacturer or retester, or other 
                person responsible for the package to have the package 
                transported to, opened, and the contents examined and 
                analyzed, at a facility appropriate for the conduct of 
                such examination and analysis; and
                  ``(F) when safety might otherwise be compromised, may 
                authorize properly qualified personnel to assist in the 
                activities conducted under this subsection.
          ``(2) Display of credentials.--An officer, employee, or agent 
        acting under this subsection shall display proper credentials 
        when requested.
          ``(3) Safe resumption of transportation.--In instances when, 
        as a result of an inspection or investigation under this 
        subsection, an imminent hazard is not found to exist, the 
        Secretary, in accordance with procedures set forth in 
        regulations prescribed under subsection (e), shall assist--
                  ``(A) in the safe resumption of transportation of the 
                package concerned; or
                  ``(B) in any case in which the hazardous material 
                being transported is perishable, in the safe and 
                expeditious resumption of transportation of the 
                perishable hazardous material.''.
  (d) Emergency Authority for Hazardous Material Transportation.--
Section 5121 is amended--
          (1) by redesignating subsections (d) and (e) as subsections 
        (f) and (g), respectively; and
          (2) by inserting after subsection (c) the following:
  ``(d) Emergency Orders.--
          ``(1) In general.--If, upon inspection, investigation, 
        testing, or research, the Secretary determines that either a 
        violation of a provision of this chapter or a regulation issued 
        under this chapter, or an unsafe condition or practice, 
        constitutes or is causing an imminent hazard, the Secretary may 
        issue an emergency order, without notice or the opportunity for 
        a hearing, but only to the extent necessary to abate the 
        imminent hazard.
          ``(2) Written orders.--An emergency order issued under 
        paragraph (1) shall be in writing, describe the violation, 
        condition, or practice that is causing the imminent hazard, and 
        state the restrictions, prohibitions, recalls, or out-of-
        service orders issued. The emergency order also shall describe 
        the standards and procedures for obtaining relief from the 
        order.
          ``(3) Opportunity for review.--After issuing an emergency 
        order under paragraph (1), the Secretary shall provide an 
        opportunity for review of the order under section 554 of title 
        5 if a petition for review is filed within 20 calendar days 
        after the date of issuance of the order.
          ``(4) Expiration of effectiveness of emergency order.--If a 
        petition for review is filed for an order and the review is not 
        completed by the end of the 30-day period beginning on the date 
        the petition was filed, the order shall cease to be effective 
        at the end of that period unless the Secretary determines in 
        writing that the emergency situation still exists.
  ``(e) Regulations.--
          ``(1) Temporary regulations.--Not later than 60 days after 
        the date of enactment of the Transportation Equity Act: A 
        Legacy for Users, the Secretary shall issue temporary 
        regulations to carry out subsections (c) and (d). The temporary 
        regulations shall expire on the date of issuance of the 
        regulations under paragraph (2).
          ``(2) Final regulations.--Not later than 1 year after such 
        date of enactment, the Secretary shall issue regulations to 
        carry out subsections (c) and (d) in accordance with subchapter 
        II of chapter 5 of title 5.''.
  (e) Report.--Section 5121(g) (as redesignated by subsection (d)(1) of 
this section) is amended--
          (1) in the matter preceding paragraph (1) by striking 
        ``submit to the President for transmittal to the Congress'' and 
        inserting ``transmit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate''; and
          (2) in paragraph (4) by inserting ``relating to a function 
        regulated by the Secretary under section 5103(b)(1)'' after 
        ``activities''.
  (f) Repeal of Obsolete Provision.--Section 5118, and the item 
relating to such section in the analysis for chapter 51, are repealed.

SEC. 7019. ENFORCEMENT.

  (a) General.--Section 5122(a) is amended by striking the second 
sentence and inserting ``The court may award appropriate relief, 
including a temporary or permanent injunction, punitive damages, and 
assessment of civil penalties considering the same penalty amounts and 
factors as prescribed for the Secretary in an administrative case under 
section 5123.''.
  (b) Imminent Hazards.--Section 5122(b)(1)(B) is amended by striking 
``or ameliorate the'' and inserting ``or mitigate the''.

SEC. 7020. CIVIL PENALTY.

  (a) Penalty.--Section 5123(a) is amended--
          (1) in paragraph (1)--
                  (A) by striking ``regulation prescribed or order 
                issued'' and inserting ``regulation, order, special 
                permit, or approval issued''; and
                  (B) by striking ``$25,000'' and inserting 
                ``$50,000'';
          (2) by redesignating paragraph (2) as paragraph (3); and
          (3) by inserting after paragraph (1) the following:
  ``(2) If the Secretary finds that a violation under paragraph (1) 
results in death, serious illness, or severe injury to any person or 
substantial destruction of property, the Secretary may increase the 
amount of the civil penalty for such violation to not more than 
$100,000.''.
  (b) Hearing Requirement.--Section 5123(b) is amended by striking 
``regulation prescribed'' and inserting ``regulation, order, special 
permit, or approval issued''.
  (c) Civil Actions to Collect.--Section 5123(d) is amended by adding 
at the end the following: ``In such action, the validity, amount, and 
appropriateness of the civil penalty shall not be subject to review.''.
  (d) Compromise.--Section 5123(e) is amended by striking ``before 
referral to the Attorney General''.

SEC. 7021. CRIMINAL PENALTY.

  Section 5124 is amended to read as follows:

``Sec. 5124. Criminal penalty

  ``(a) In General.--A person knowingly violating section 5104(b) or 
willfully or recklessly violating this chapter or a regulation, order, 
special permit, or approval issued under this chapter shall be fined 
under title 18, imprisoned for not more than 5 years, or both; except 
that the maximum amount of imprisonment shall be 10 years in any case 
in which the violation involves the release of a hazardous material 
that results in death or bodily injury to any person.
  ``(b) Knowing Violations.--For purposes of this section--
          ``(1) a person acts knowingly when--
                  ``(A) the person has actual knowledge of the facts 
                giving rise to the violation; or
                  ``(B) a reasonable person acting in the circumstances 
                and exercising reasonable care would have that 
                knowledge; and
          ``(2) knowledge of the existence of a statutory provision, or 
        a regulation or a requirement required by the Secretary, is not 
        an element of an offense under this section.
  ``(c) Willful Violations.--For purposes of this section, a person 
acts willfully when--
          ``(1) the person has knowledge of the facts giving rise to 
        the violation; and
          ``(2) the person has knowledge that the conduct was unlawful.
  ``(d) Reckless Violations.--For purposes of this section, a person 
acts recklessly when the person displays a deliberate indifference or 
conscious disregard to the consequences of that person's conduct.''.

SEC. 7022. PREEMPTION.

  (a) Dual Compliance and Obstacle Tests.--Section 5125(a) is amended 
by striking the subsection heading and inserting ``Dual Compliance and 
Obstacle Tests.--''.
  (b) Substantive Differences.--The second sentence of section 
5125(b)(2) is amended by striking ``after November 16, 1990''.
  (c) Decisions on Preemption.--The third sentence of section 
5125(d)(1) is amended by inserting ``and publish in the Federal 
Register'' after ``issue''.
  (d) Independent Application of Each Standard.--Section 5125 is 
amended by inserting after subsection (f), as redesignated by section 
7024(a)(2) of this Act, the following:
  ``(g) Independent Application of Each Standard.--Subsections (b), 
(c)(1), (d), and (g) are independent in their application to a 
requirement of any State, political subdivision of a State, or Indian 
tribe and shall be reviewed independently.''.

SEC. 7023. RELATIONSHIP TO OTHER LAWS.

  Section 5126(a) is amended by striking ``must comply'' and inserting 
``shall comply''.

SEC. 7024. JUDICIAL REVIEW.

  (a) Repeal.--Section 5125 is amended--
          (1) by striking subsection (f);
          (2) by redesignating subsection (g) as subsection (f); and
          (3) in subsection (f) (as so redesignated) by moving 
        paragraph (2) (including subparagraphs (A) through (D)) 2 ems 
        to the left.
  (b) Judicial Review.--Chapter 51 is amended by redesignating section 
5127 as section 5128 and by inserting after section 5126 the following:

``Sec. 5127. Judicial review

  ``(a) Filing and Venue.--Except as provided in section 20114(c), a 
person adversely affected or aggrieved by a final action of the 
Secretary under this chapter may petition for review of the final 
action in the United States Court of Appeals for the District of 
Columbia or in the court of appeals for the United States for the 
circuit in which the person resides or has its principal place of 
business. The petition must be filed not more than 60 days after the 
Secretary's action becomes final.
  ``(b) Judicial Procedures.--When a petition is filed under subsection 
(a), the clerk of the court immediately shall send a copy of the 
petition to the Secretary. The Secretary shall file with the court a 
record of any proceeding in which the final action was issued, as 
provided in section 2112 of title 28.
  ``(c) Authority of Court.--The court has exclusive jurisdiction, as 
provided in subchapter II of chapter 5 of title 5, to affirm or set 
aside any part of the Secretary's final action and may order the 
Secretary to conduct further proceedings. Findings of fact by the 
Secretary, if supported by substantial evidence, are conclusive.
  ``(d) Requirement for Prior Objection.--In reviewing a final action 
under this section, the court may consider an objection to a final 
action of the Secretary only if the objection was made in the course of 
a proceeding or review conducted by the Secretary or if there was a 
reasonable ground for not making the objection in the proceeding.''.
  (c) Conforming Amendment.--The analysis for chapter 51 is amended by 
striking the item relating to section 5127 and inserting the following:

``5127. Judicial review.
``5128. Authorization of appropriations.''.

SEC. 7025. AUTHORIZATION OF APPROPRIATIONS.

  Section 5128 (as redesignated by section 7024) is amended to read as 
follows:

``Sec. 5128. Authorizations of appropriations

  ``(a) In General.--In order to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the 
following amounts are authorized to be appropriated to the Secretary:
          ``(1) For fiscal year 2005, $27,000,000.
          ``(2) For fiscal year 2006, $29,000,000.
          ``(3) For fiscal year 2007, $30,000,000.
  ``(b) Emergency Preparedness Fund.--There shall be available to the 
Secretary, from the account established pursuant to section 5116(i), 
for each of fiscal years 2005 through 2007 the following:
          ``(1) To carry out section 5115, $200,000.
          ``(2) To carry out section 5116(a), $8,000,000.
          ``(3) To carry out section 5116(b), $13,800,000.
          ``(4) To carry out section 5116(f), $150,000.
          ``(5) To publish and distribute the Emergency Response 
        Guidebook under section 5116(i)(3), $500,000.
          ``(6) To pay administrative expenses in accordance with 
        section 5116(i)(4), $150,000.
          ``(7) To carry out section 5116(j), $1,000,000.
  ``(c) Training of Hazmat Employee Instructors.--There shall be 
available to the Secretary, from the account established pursuant to 
section 5116(i), to carry out section 5107(e) $4,000,000 for each of 
fiscal years 2005 through 2007.
  ``(d) Uniform Forms and Procedures.--There is authorized to be 
appropriated to the Secretary for making grants to States participating 
in the working group established under section 5119 $1,000,000 for each 
of the fiscal years 2005 and 2006.
  ``(e) Issuance of Hazmat Licenses.--There are authorized to be 
appropriated for the Department of Transportation such amounts as may 
be necessary to carry out section 5103a.
  ``(f) Credits to Appropriations.--The Secretary may credit to any 
appropriation to carry out this chapter an amount received from a 
State, Indian tribe, or other public authority or private entity for 
expenses the Secretary incurs in providing training to the State, 
authority, or entity.
  ``(g) Availability of Amounts.--Amounts made available by or under 
this section remain available until expended.''.

SEC. 7026. DETERMINING AMOUNT OF UNDECLARED SHIPMENTS OF HAZARDOUS 
                    MATERIALS ENTERING THE UNITED STATES.

  (a) Study.--The Comptroller General shall conduct a study to propose 
methods of determining the amount of undeclared shipments of hazardous 
materials (as defined in section 5101 of title 49, United States Code) 
entering the United States.
  (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.

SEC. 7027. CONFORMING AMENDMENTS.

  Chapter 51 is amended by striking ``Secretary of Transportation'' 
each place it appears (other than the second place it appears in 
section 5108(g)(2)(C), the first place it appears in section 5115(a), 
and in sections 5116(g), 5116(i), and 5120(a)) and inserting 
``Secretary''.

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

SEC. 8001. POLICY.

   This title will continue sections 8101 and 8103 of the 
Transportation Equity Act for the 21st Century that guarantee that 
specific levels of authorized funding will be available for obligation 
each year by continuing the highway category budgetary firewall, which 
protects the Federal-aid highway program's obligation limitation, the 
programs of the Federal Motor Carrier Safety Administration, and the 
portion of the National Highway Traffic Safety Administration's 
programs funded from the Highway Trust Fund, and the mass transit 
category budgetary firewall, which protects the portion of the Federal 
Transit Administration programs funded from the Mass Transit Account of 
the Highway Trust Fund and the portion of such programs funded from the 
general fund of the Treasury.

                       Purpose of the Legislation

    The purpose of this bill is to authorize funds for Federal-
aid highways, highway safety, truck safety, public 
transportation, transportation research, transportation 
planning and project delivery, hazardous materials 
transportation, and other surface transportation programs 
carried out by the United States Department of Transportation, 
to be financed primarily through the Federal Highway Trust 
Fund.

                Background and Need for the Legislation

    Enactment of H.R. 3, the Transportation Equity Act: a 
Legacy for Users (TEA LU), is the Committee's highest priority 
this year. This legislation will set the course for highway 
development, highway safety, truck safety, and public 
transportation programs for the remainder of this decade. It 
will also ensure the integrity of the Highway Trust Fund and 
the ability of the Trust Fund to meet our nation's surface 
transportation infrastructure needs. These needs are important 
and they must be satisfied.
    Increased investment in transportation infrastructure has 
far-reaching impacts on the quality of life in our communities, 
our nation's economy, and our competitiveness in the world 
marketplace. Every American and every business will benefit 
from such investment by experiencing shortened travel times, 
increased productivity, and improved safety.

           TRANSPORTATION INVESTMENT LEADS TO ECONOMIC GROWTH

    Throughout our nation's history, economic growth, 
prosperity, and opportunity have followed investments in the 
nation's infrastructure. From the ``internal improvements'' of 
the early 1800's--canals, locks, and roads--to the Interstate 
Highway System of today, infrastructure investment has been our 
foundation for economic growth. For example, between 1980 and 
1991, almost one-fifth of the increase in productivity in the 
U.S. economy was attributable to investment in highways.
    Our nation's highways, transit and rail systems, pipelines, 
airports, harbors, and waterways not only provide the backbone 
of our economy by moving people and goods, they also employ 
millions of workers and generate a significant share of total 
economic output. Transportation-related goods and services 
generate 10 percent of our total Gross Domestic Product.
    In addition to facilitating economic growth, our 
transportation system has a direct and significant impact on 
the daily lives of nearly all Americans. The average household 
spends 19 percent of its income on transportation, more than on 
any other expense except housing, and the average person 
travels 40 miles each day.
    To the average American, higher Federal investment in 
surface transportation infrastructure will mean:
     Shorter commutes that save time, fuel, and reduce 
pollution.
     Better access to work, school, health care, and 
recreation.
     Lives saved--many of the more than 42,000 highway 
fatalities each year could be prevented by building better 
roads and improving the safety features of existing roads.
     Safer systems to accommodate the transport of 
hazardous materials, estimated at more than 1.2 million 
shipments per day and an annual movement of 4 billion tons.
    Despite the importance of transportation to our economy and 
the quality of life in our communities, many of our nation's 
transportation infrastructure needs are going unmet. This has 
resulted in, among other things, an alarming increase in 
congestion.

                           CONGESTION CRISIS

    Congestion is a major national problem and is increasing. 
In 1999, 167 major highway bottlenecks located in 30 states 
plus the District of Columbia were identified. Using the same 
methodology, the number of major bottlenecks has now grown to 
more than 230. According to the Texas Transportation 
Institute's 2003 Urban Mobility Study, a study of congestion in 
the nation's 75 largest urban areas, traffic congestion levels 
have increased in every area since 1982. Congestion now extends 
to more times of the day, more roads, affects more trips, and 
creates more extra travel time than in the past.
    In fact, the extra time needed for rush hour travel has 
tripled over the last two decades. The national average Travel 
Time Index for 2001 was 1.39 (meaning a rush hour trip took 39 
percent longer than a non-rush hour trip). The national average 
in 1982 was only 1.13. This problem is not restricted to the 
largest cities. In small urban areas (less than 50,000 in 
population), this index has nearly quadrupled over these same 
years, indicating that even smaller areas are not able to keep 
pace with rising demand.
    The cost of congestion is continuing to climb. Traffic 
congestion cost motorists in the nation's 75 largest urban 
areas a staggering $69.5 billion in 2001 in terms of wasted 
time and fuel, $4.5 billion more than in 2000. This $69.5 
billion total cost equates to an average annual cost per urban 
resident--adults and children--of about $520.
    Congestion negatively impacts our environment by increasing 
emissions and wasting fuel. Vehicles in stop-and-go traffic 
emit more pollutants--particularly carbon monoxide and volatile 
organic compounds--than when operating without frequent braking 
and acceleration. In addition, 5.7 billion gallons of fuel were 
wasted in 2001 due to traffic congestion in cities alone. This 
amount of fuel would fill 570,000 gasoline tank trucks that 
would stretch from New York to Las Vegas and back again.
    Perhaps most importantly, reducing highway congestion saves 
lives. If modest improvements were made to improve the traffic 
flow at the severe bottlenecks identified in the highway 
organization study discussed above, the number and severity of 
vehicle crashes would be lessened. Over the 20-year life of the 
projects, such improvements would prevent more than 449,500 
crashes, including some 1,750 fatalities and 220,500 injuries.

                         THE HIGHWAY TRUST FUND

    Congress has established, over time, a series of trust 
funds to collect user fees and then invest those funds on 
capital improvements. The Highway Trust Fund was established in 
the 1956 Highway Revenue Act to specifically link taxes on 
motor fuels to funding for highways. The Highway Revenue Act 
increased some of the existing user fees, established new ones, 
and provided most of the revenues from these taxes would be 
credited to the Highway Trust Fund. In the 1982 Surface 
Transportation Assistance Act, a separate Mass Transit Account 
was established in the Highway Trust Fund to receive part of 
the motor fuel user fee receipts. Subsequent increases in the 
user fee brought the Federal gas tax to 18.4 cents. In 1997, 
the Taxpayer Relief Act redirected a 4.3-cent diversion of user 
fee payments from the general fund to the Highway Trust Fund. 
Currently, all Federal motor fuel user fee receipts are 
deposited to the Highway Trust Fund, with 15.44 cents credited 
to the Highway Account and 2.86 cents credited to the Mass 
Transit Account. One of this Committee's highest priorities is 
to ensure that the user fees deposited into these trust funds 
are in fact used for their intended purposes--to rebuild our 
nation's highway and transit infrastructure.
    The Highway Trust Fund is: (1) wholly self-financed by the 
users; (2) a dedicated revenue source; (3) self-supporting, 
operating on a pay-as-you-go basis; and (4) deficit proof. The 
Highway Trust Fund represents a contract between the government 
and the user that specifies that certain user fees will be 
levied on the users of highways and, in return, the government 
pledges to use the receipts to build transportation 
infrastructure for the taxpayer's use.
    A major accomplishment of the 1998 Transportation 
Efficiency Act for the 21st Century (TEA 21) was reestablishing 
trust with the taxpayer by creating a budgetary mechanism to 
ensure that the user fees deposited in the Highway Trust Fund 
are spent for their intended purpose. Maintaining these 
budgetary firewalls and spending guarantees are a top priority 
for the Committee.

                      Section-by-Section Analysis

Sec. 1. Short Title: Table of Contents

    Subsection (a) provides that the short title is the 
Transportation Equity Act: A Legacy for Users.
    Subsection (b) defines the ``Secretary'' as the Secretary 
of Transportation.
    Subsection (c) lists the table of contents.

                     TITLE I--FEDERAL-AID HIGHWAYS

                 Subtitle A--Authorizations of Programs

Sec. 1101. Authorizations of Appropriations

    Subsection (a) authorizes funds out of the Highway Trust 
Fund (other than the Mass Transit Account) for the following 
highway programs: Interstate Maintenance Program, National 
Highway System, Bridge Program, Highway Safety Improvements 
Program, Surface Transportation Program, Congestion Mitigation 
and Air Quality Improvement Program, Appalachian Development 
Highway System Program, Recreational Trails Program, Federal 
Lands Highways Program, National Corridor Infrastructure 
Improvement Program, Coordinated Border Infrastructure Program, 
Projects of National and Regional Significance Program, 
Construction of Ferry Boats and Ferry Terminal Facilities, 
National Scenic Byways Program, Congestion Pricing Pilot 
Program, Deployment of 511 Traveler Information Program, High 
Priority Projects Program, Freight Intermodal Connector 
Program, High Risk Rural Road Safety Improvement Program, 
Highway Use Tax Evasion Program, Pedestrian and Cyclist Equity, 
Dedicated Truck Lanes, Highways for LIFE Program, and 
Commonwealth of Puerto Rico Program.
    Subsection (b) continues the disadvantaged business 
enterprise (DBE) program with minor changes. The Committee 
finds there is a continuing compelling need for the DBE 
program. In enacting TEA 21 in 1998, Congress compiled an 
extensive record on the effects of discrimination in 
transportation contracting. Much of this information remains 
valid today. We agree with those courts that have observed that 
evidence concerning the exclusion of disadvantaged groups 
remains relevant over a considerable period of time. The 
Committee has relied on the information that Congress used in 
1998 in finding a continuing compelling need for the DBE 
program.
    The Committee has also taken notice of data about the 
period between 1998 and today. The data demonstrates the 
continuing need for the program, as DBEs are still not able to 
compete on the same basis as other businesses. First, the 
regulation, found constitutional in a series of recent court 
rulings, tells recipients to set overall goals. Under the 
rules, recipients may set DBE contract goals only for that 
portion of the overall goal that cannot be achieved by 
completely race-neutral means. Highway and transit program data 
for 2000-2002 shows that the overwhelming majority of 
recipients have to set DBE contract goals to achieve all or 
part of their overall goals. Unfortunately, race-neutral means 
alone cannot overcome the persisting effects of discrimination.
    Second, in several states for which DOT has comparative 
2002 data, participation by minority- and women-owned 
businesses in state-funded highway contracts to which no 
contract goals applied fell well short both of DBE overall 
goals and DBE participation in federally-assisted contracts. If 
states are to ensure equal opportunity for DBEs, contract goal 
programs remain essential. Third, DOT provided 15 detailed 
studies from states and cities that found disparities between 
the availability and utilization of minority- and women-owned 
businesses in government contracting. The courts agree that it 
is fair to make an inference of discriminatory exclusion from 
such disparities.

Sec. 1102. Obligation ceiling

    This section provides the obligation limitation for the 
federal-aid highway and highway safety construction programs. 
Subsection (b) addresses the exemptions to the obligation 
limitation. Paragraphs 1-8 in this subsection are identical to 
TEA 21. Paragraph (9) is added to address three year obligation 
authority (OA) made available under TEA 21 for research 
programs and ``no-year'' OA made available for certain programs 
and projects under TEA 21 or in subsequent appropriations acts. 
Subsections (c), (d), (e), (f), (g), (h), and (i) address how 
the obligation authority is distributed, the redistribution of 
unused obligation authority, and the limitation on obligations 
for administrative expenses are virtually identical to TEA 21.

Sec. 1103. Apportionments

    This section makes changes to the process by which 
apportionments are made pursuant to Section 104 of Title 23. 
Subsection (a) of this section amends the way administrative 
expenses for FHWA and FMCSA are provided. These expenses were 
formerly funded as a takedown and are now a specific authorized 
amount.
    Subsection (b) of this section changes the set-aside amount 
for the Alaska Highway and the set-asides for the U.S. 
Territories under the National Highway System program 
apportionment formula.
    Subsection (c) of this section requires the report mandated 
by Section 104(j) of Title 23 be available on the Internet.
    Subsection (d) of this section makes a conforming amendment 
to the metropolitan planning set-aside formula to reflect the 
fact that administrative expenses are no longer funded as a 
takedown.
    Subsection (e) of this section updates the reference for 
the Puerto Rico Highway program, replacing the TEA 21 reference 
with a TEA LU reference.

Sec. 1104. Minimum guarantee

Sec. 1105. Project approval and oversight

    This section amends the Financial Plan portion of section 
106 of title 23 requiring states with a project that costs $500 
million or more to submit an annual financial plan.

Sec 1106. Use of excess funds

    This section allows states to audit projects funded with 
apportionments under sections 104 and 144 of title 23 to 
determine whether there are excess project funds. If the audit 
reveals that there are excess funds, the state may develop a 
plan for spending the apportionment for the design or 
construction of other similar eligible projects. The state must 
certify to the Secretary that an audit was conducted and has 
developed a plan. Excess funds used to carry out a project 
under this section are subject to the requirements of this 
title that are applicable to the program for which the funds 
were originally apportioned.

Sec. 1107. Temporary traffic control devices

    This section amends Section 109(e) of Title 23 and Section 
112 of Title 23 to require that contracts for federally funded 
highway construction projects include costs for appropriate 
safety measures. The amendment to Section 109 requires that 
temporary traffic control devices be installed and maintained 
during construction and maintenance projects in order to 
provide protection for construction workers. The amendment to 
Section 112 requires the Secretary to issue regulations 
establishing the conditions for and the appropriate use of 
federal funds for uniformed law enforcement officers, positive 
protective measures between traffic and workers, and 
installation of temporary traffic control devices during 
construction and maintenance projects.

Sec. 1108. Revenue aligned budget authority

    This section continues the revenue aligned budget 
authority, but in a way that ensures greater stability in 
program funding level adjustments.

Sec. 1109. Emergency relief

    This section authorizes additional amounts for this program 
above the $100 million per year to be derived from the General 
Fund. It is the Committee's intent that if there is the need 
for additional funds over and above the annually authorized 
level of $100 million that those funds be appropriated from the 
General Fund.

Sec. 1110. Surface transportation program

    This section continues the requirement in Section 133(f)(1) 
of Title 23 that States suballocate a portion of their Surface 
Transportation Program funds to urbanized areas with over 
200,000 individuals.

Sec. 1111. Highway use tax evasion projects

    This section continues the existing program to combat 
highway use tax evasion and makes changes designed to reduce 
tax evasion and increase receipts into the Highway Trust Fund.
    The Highway Use Tax Evasion program supports State and 
Federal efforts to enhance motor fuel tax enforcement. To make 
the program more effective, this provision would amend section 
143 of title 23 to: (1) dedicate funding for intergovernmental 
enforcement efforts; (2) allow projects for identification of 
tax evasion in the area of foreign imported fuel; (3) assist 
States and Indian Tribes in addressing issues related to the 
collection of State motor fuel taxes; and (4) provide for 
annual reporting on examinations, criminal investigations, and 
audits by the States and the Internal Revenue Service (IRS).

Sec. 1112. Appalachian Development Highway System

    This section directs the Secretary to apportion funds made 
available for the Appalachian Development Highway System (ADHS) 
among the states on the basis of the estimated cost to complete 
the system. It specifies that such funds are subject to title 
23 requirements and are available to construct ADHS highways 
and access roads. It also prohibits the use of toll revenues as 
non-federal match for the construction, improvement, and 
maintenance of highways, bridges, or tunnels.

Sec. 1113. Construction of ferry boats and ferry terminal facilities

    Subsections (a) and (b) codify the existing Ferry Boat 
Discretionary Program authorized in Section 1064 of ISTEA. 
Subsection (c) requires the Secretary to establish a national 
ferry database. It is the Committee's intent that the 
information collected and maintained in this database will be 
used as part of the decision making process for funding 
allocations under this program.

Sec. 1114. Interstate maintenance discretionary

    This section eliminates the Interstate Maintenance 
Discretionary program in Section 118 of Title 23. The Committee 
does not intend to have any changes to this program affect any 
projects that have already been funded under this program.

Sec. 1115. Highway bridge

    Subsection (a) retains the principles for applications for 
and approval of Federal assistance for bridge replacement or 
rehabilitation allowed in current law. It also includes 
additional language to allow Federal participation in 
preventive maintenance on a bridge, as well as, installing 
scour countermeasures to a bridge.
    Subsection (b) continues the discretionary bridge program 
and subsection (c) changes the lower bound for the off-system 
set-aside from 15 percent to 20 percent.

Sec. 1116. Transportation and community and system preservation program

    This section reauthorizes the program for fiscal years 2004 
through 2009. It prohibits funds made available for this 
program from being transferred to other programs, and 
establishes the Federal cost share for projects carried out 
under this program in accordance with section 120(b) of title 
23. Subsection (c) establishes a pilot program to support 
transportation planning and public participation in decision 
making.

Sec. 1117. Deployment of magnetic levitation transportation projects

    This section details the funding and eligibility 
requirements for constructing fixed guideway infrastructure, as 
well as the related components necessary for the construction, 
but not including costs incurred for a new station. Eligible 
projects under this section must involve a segment or segments 
of high speed ground transportation corridor, result in an 
operating transportation facility that provides a revenue-
producing service and be approved by the Secretary. It is the 
Committee's intent for this program to be administered as a new 
program and not the continuation of any previously authorized 
program.

Sec. 1118. Recreational trails

    This section makes various improvements to the recreational 
trails program established in section 206 of title 23, U.S. 
Code.
    Subsection (a) amends 23 U.S.C. 104(h) to permit the use of 
administrative funds for training and deletes reference to the 
National Recreational Trails Advisory Committee.
    Subsection (b) amends 23 U.S.C. 206(d)(2) regarding 
permissible uses of funds to include assessment of trail 
conditions and to clarify that new trails on Federal lands must 
be recommended in a statewide comprehensive outdoor recreation 
plan.
    Subsection (c) strikes 23 U.S.C. 206(b)(3)(C), which 
permits States to waive requirements regarding distribution of 
funds for various types of projects.
    Subsection (d) amends 23 U.S.C. 206(f) to provide that the 
Federal share for recreational trails projects shall be 
determined in accordance with section 120(b) of title 23 and 
allows recreational trails funds to be used toward the Federal 
share of certain other Federal programs.
    Subsection (e) amends 23 U.S.C. 206(h)(1) to provide that 
pre-approval planning and environmental compliance costs can be 
credited toward the non-Federal share of a project.
    Subsection (f) directs the Secretary to encourage the 
States to use qualified youth conservation or service corps to 
complete trail projects.

Sec. 1119. Federal lands highways

    Subsection (a) amends the contracting provisions of the 
Indian reservation roads program in section 202(d)(3) of title 
23. This section was added to the United States Code in TEA 21. 
The Committee felt at that time that the congressional intent 
with regard to tribal contracting authority was clear. 
Unfortunately, the Committee now believes the full intent of 
the TEA 21 amendments has not been fulfilled. This subsection 
aims to clarify the intent of the Committee on this important 
point for the Indian tribes.
    The Committee is aware that certain tribes currently 
possess the ability to carry out themselves, or contract 
directly with outside providers, highway, bridge, and transit 
projects that are located on Indian reservations or that 
provide access to the reservations, including planning, 
research, engineering, and construction activities relating to 
such projects. Other tribes are developing their ability to 
perform those functions.
    This amendment to section 202(d)(3) of title 23 is intended 
to empower Indian tribes that have the ability and interest to 
carry out the activities in-house or to contract directly with 
outside providers for the activities consistent with the Indian 
Self-Determination and Education Assistance Act. It allows 
tribes to choose, on a project-by-project basis, those 
activities that they want to perform themselves or to contract 
directly with outside providers. At the same time, existing 
capabilities within the Bureau of Indian Affairs are retained 
to support tribes that do not have such ability or interest. It 
directs that funds be paid directly by the Federal Highway 
Administration (FHWA) to the Indian tribal government when a 
tribe carries out, or contracts directly with outside providers 
for, a planning, research, engineering, or construction 
activity relating to a highway, bridge, or transit project 
located on an Indian reservation or that provides access to the 
reservation. Furthermore, it directs FHWA to determine the 
amount of funds for such activity and project that is to be 
received by the Indian tribe according to the funding formula 
established under section 202(d) of title 23, without deducting 
from it any non-project-related administrative take-down or 
project management costs imposed by the Bureau of Indian 
Affairs or the Department of the Interior.

Sec. 1120. Conservation measures

    This section makes changes to the Refuge Roads program and 
the Forest Roads program to clarify eligibility for activities 
that protect wildlife. This section also authorizes a study on 
reducing wildlife-vehicle collisions.

Sec.1121. Pedestrian and cyclist equity

    This section establishes two new programs--a Safe Routes to 
School Program and a Nonmotorized Transportation Pilot Program.
    Subsection (a) establishes a Safe Routes to School Program 
for the benefit of children in primary and middle schools. The 
purposes of the program are to enable and encourage children, 
including those with disabilities, to walk and bicycle to 
school; to make bicycling and walking to school a safer and 
more appealing transportation alternative, thereby encouraging 
a healthy and active lifestyle from an early age; and to 
facilitate the planning, development and implementation of 
projects and activities that will improve safety and reduce 
traffic, fuel consumption, and air pollution in the vicinity of 
schools.
    Funding is made available by formula to state departments 
of transportation on the basis of student enrollment in primary 
and middle schools. No state will receive less than $2 million 
annually. Funds will be used by the state to provide financial 
assistance to state, local and regional agencies, including 
nonprofit organizations, which demonstrate an ability to meet 
the requirements of this section.
    The program funds two distinct types of projects: 
infrastructure projects and non-infrastructure related 
activities. States should be encouraged to create competitive 
application forms, criteria, and evaluations that are 
appropriate for the two different types of projects.
    The creation of a state level safe routes to school 
coordinator position provides a central point of contact for 
the program. Funding for the state level safe routes to school 
coordinator position is not included in the 10 to 30 percent of 
funds required to be used for non-infrastructure related 
activities under this subsection. The state coordinator's 
position is to be funded from the balance of the state's safe 
routes to school funds.
    The safe routes to school clearinghouse provides an 
important opportunity to insure successful implementation of 
the program. As a new program, states will be interested in 
guidance on implementing the program effectively and 
efficiently. The clearinghouse can provide case studies, gather 
and disseminate information, track implementation, and monitor 
the program.
    Given the broad scope of safe routes to school activities, 
the Committee acknowledges the need to include a broad range of 
agencies and organizations in the Task Force authorized by this 
section. In addition to representatives from federal agencies, 
additional task force members could include representatives 
from state and local agencies as well as relevant non-profit 
organizations and associations including organizations or 
associations that represent automobile drivers.
    Subsection (b) establishes a Nonmotorized Transportation 
Pilot Program to construct a network of nonmotorized 
transportation infrastructure facilities in four communities to 
demonstrate the extent to which bicycling and walking can carry 
a significant part of the transportation load. This program is 
designed to develop the statistical information necessary to 
properly evaluate the impact of investments in nonmotorized 
travel and increases in pedestrian and bicycle trips on 
congestion, energy usage, clean air and public health. It 
recognizes that only complete, comprehensive and connected 
networks of nonmotorized transportation facilities will provide 
the opportunity for the pedestrian and bicycle usage needed for 
the measurement of impacts.
    In making grants, the Secretary may select public agencies 
that are suitably equipped and organized to carry out the 
requirements of this subsection. An agency that receives a 
grant under this subsection may work with and provide grant 
funds to a nonprofit organization to assist in carrying out the 
program.

Sec. 1122. National commissions

    This section establishes two commissions, one to study 
future revenue sources to support the Highway Trust Fund and 
another to study the future of the Interstate Highway System. 
Both commissions are established using the same criteria for 
the selection of the members. This section also amends section 
101 of title 23 to include a declaration of policy regarding 
the study of the Interstate Highway System.
    The Commission on Future Revenue Sources to Support the 
Highway Trust Fund will study alternative short-term sources of 
revenue for the Highway Trust Fund, as well as evaluating 
alternative long-term sources of revenue to support the Highway 
Trust Fund. When studying the long-term sources, the Commission 
is directed to consider the findings, conclusions, and 
recommendations of a recent study completed by the 
Transportation Research Board of the National Academy of 
Sciences on alternatives to the user fee to support highway 
financing.
    The Commission is directed to develop ways to generate 
revenues to accomplish the requirements of section 1125; 
oversee a comprehensive investigation of alternatives to 
replace the user fee as the principal source of revenue for the 
Highway Trust Fund; consult with the Secretaries of 
Transportation and Treasury to ensure that their views 
concerning essential revenue alternatives are understood; 
consider State transportation agencies views on alternative 
revenue sources for the Highway Trust Fund; and make specific 
recommendations regarding their findings and necessary actions 
to Congress.
    When considering alternative sources of revenue, the 
Commission shall address the advantages or disadvantages of 
alternative revenue sources and identify the most promising 
revenue sources to support long-term financing requirements. 
The Commission shall also establish a time frame for which the 
necessary actions must be taken and a broad transition strategy 
to move from the current user fee base to new funding 
mechanisms, including the time frame for the transition 
strategy.
    Not later than September 30, 2005, the Commission shall 
transmit to Congress a report on revenues to support actions 
necessary to meet the requirements of section 1125. The 
Commission has until September 30, 2006 to transmit to Congress 
a report on the alternative long-term sources of revenue for 
the Highway Trust Fund.
    The Commission on the Future of the Interstate Highway 
System will study the current condition and future of the 
Dwight D. Eisenhower National System of Interstate and Defense 
Highways (the ``Interstate System''). The study will include a 
conceptual plan with alternative approaches for the future of 
the Interstate System and will assure that the Interstate 
System will continue to serve its National needs.
    The Commission is directed to consider the views of State 
transportation agencies and make specific recommendations 
regarding design standards, Federal policies, and legislative 
changes that must be made to assure that national interests in 
meeting future needs are addressed.
    When conducting the study, the Commission is specifically 
directed to address all issues that could impact the Interstate 
system including, demographics; usage; natural disasters; 
design standards; system-wide needs; potential expansion, 
upgrades, or other changes; community values; environmental 
issues; and system performance.
    The Commission has until September 30, 2006 to transmit to 
Congress a report on the results of the study.

Sec. 1123. Adjustments for the Surface Transportation Extension Act of 
        2004, PART V

    This section is reserved for instructions on how to 
reconcile adjustments made in the Surface Transportation 
Extension Act of 2004 with this Act, Part V.

Sec. 1124. Roadway safety

    Subsection (a) directs the Secretary to enter into an 
agreement with an organization to develop a public service 
campaign to educate transportation officials, public safety 
officials, and motorists regarding the extent to which road 
hazards and design features are a factor in motor vehicle 
crashes.
    Subsection (b) directs the Secretary to make grants to an 
organization to operate a national bicycle and pedestrian 
clearinghouse, to disseminate techniques and strategies for 
improving bicycle and pedestrian safety, and to develop 
information and educational programs related to pedestrian 
activities and cycling.

Sec. 1125. Equity requirement

    This section establishes a requirement that a law be 
enacted prior to FY 2006 that increases the minimum guarantee 
rate of return to 95 percent by FY 2009. Subsection (a) states 
that a law must be enacted that increases the guaranteed rate 
of return to 92 percent in fiscal year 2006, 93 percent in 
fiscal year 2007, 94 percent in fiscal year 2008, and 95 
percent in fiscal year 2009. The law that increases the rate of 
return must also ensure that all states receive an increase in 
formula funds from year to year. The increase can either be 
derived from the minimum guaranteed rate of return or from the 
state's prior year apportioned highway funds adjusted for 
inflation using the consumer price index.
    If the law referenced above is not enacted by September 30, 
2005 no funds may be apportioned for any of the following 
programs: the National Highway System program, high priority 
program, the Interstate maintenance program, the surface 
transportation program, the Metropolitan Planning program, the 
highway bridge replacement and rehabilitation program, the 
congestion mitigation and air quality improvement program, the 
recreation trails program, the Appalachian development highway 
system, the freight intermodal connectors program, the 
coordinated border infrastructure program, the high risk rural 
road safety improvement program, the safe routes to schools 
program, and the minimum guarantee program.

                     Subtitle B--Congestion Relief

Sec. 1201. Motor vehicle congestion relief

    This section adds a new Section 139 to title 23 of the U.S. 
Code. Section 1201 would require each State with an urbanized 
area population over 200,000 to obligate a portion of its 
formula funds to target congestion in those areas of the State. 
The amount to be obligated in each State is determined by 
multiplying the total amount apportioned to each State under 
Sections 104(b)(1), (2), (3) and (4) of title 23 by 10 percent 
and by the percentage of the State population residing in 
urbanized areas over 200,000.
    Under-one activities--40 percent of the funds will be 
obligated for congestion relief activities that will be 
complete within one year after the date of commencement of 
onsite improvements and has a project cost of less than $1 
million.
    Under-three activities--35 percent of the funds will be 
obligated for congestion relief activities that will be 
complete within three years after the date of commencement of 
onsite improvements.
    Twenty-five percent of the funds will be obligated by a 
State for one or more of the following: under-one, under-three, 
eligible capital costs under Chapter 53 of Title 49, or 
qualified demand relief projects and activities.
    States are not required to obligate proportional or equal 
amounts of their Section 104(b)(1), (2), (3) and (4) funds. 
Section 1201 does not change the eligibility of projects under 
Section 104. States may transfer amounts for under-one 
activities to under-three if the State certifies to the 
Secretary it has no under-one congestion relief activities.
    Congestion relief activities include additional capacity, 
improvements to interchanges, construction of parallel roads, 
construction of truck only lanes, operational improvements, and 
through programs that use existing capacity more efficiently 
such as reversible lanes or lane management strategies.

Sec. 1202. Transportation systems management and operations

    Section 1202 broadens the definition of Operational Costs 
for Traffic Monitoring, Management and Control in Section 
101(a)(17) of title 23 to include transportation systems 
management and operations. It also broadens the definition of 
Operational Improvements in Section 101(a)(18)(A)(i) to include 
equipment and programs for transportation response to natural 
disasters.
    Section 1202 also adds a new definition (39) Transportation 
Systems Management and Operations to Section 101(a) of Title 
23. The term covers regional operations collaboration and 
coordination between transportation and public safety agencies 
to optimize the performance of existing transportation 
infrastructure and to improve the safety, security, and 
reliability of federal-aid highways through such activities and 
programs as highway and traffic demand management, emergency 
and traffic incident management, roadway weather management, 
traveler information services, traffic signal control, freight 
management, and intermodal coordination.
    Communications equipment is central to traffic incident 
management. Integrated, interoperable, emergency communications 
equipment should be part of TSMO for congestion relief.
    Section 1202 also adds a new section 166 to Title 23 called 
Transportation Systems Management and Operations. This section 
gives the Secretary authority to develop and execute a 
comprehensive TSMO policy in coordination with other Federal 
departments and agencies, State and local governments, and 
other interested parties.
    This section also authorizes a study on Intelligent 
Transportation System procurement policy.

Sec. 1203. Real-time system management information program

    This section requires the Secretary to establish a program 
that provides to all States the capability to monitor, in real-
time, the traffic and travel conditions of the nation's major 
highways and to share the information with other States, local 
governments, and the traveling public.
    The Secretary is required to establish a steering committee 
to provide guidance regarding the content and uniformity of 
data exchange formats to ensure that data can be shared.
    With approval from the Secretary, States may obligate 
certain formula funds for activities related to the planning 
and deployment of this program.

Sec. 1204. Expedited national intelligent transportation systems 
        deployment

    Section 1204 requires the Secretary to establish a 
comprehensive program to accelerate the integration, 
interoperability and deployment of intelligent transportation 
systems in order to improve the performance of the surface 
transportation system.
    The Secretary may make grants for projects that improve 
efficiency, promote safety, reduce emissions of air pollutants, 
improve traveler information, and build on existing intelligent 
transportation system projects and other projects.

Sec. 1205. Intelligent transportation systems (ITS) deployment

    Section 1205 adds a new section 150 to title 23 that 
requires States to obligate a portion of their formula funds 
for the deployment of ITS systems in the State. The amount that 
each State shall spend is determined by multiplying 
$500,000,000 by the ratio that a state's total funds 
apportioned under section 104(b)(1), (b)(2), (b)(3) and (b)(4) 
of title 23 bears to the total amount apportioned to all States 
for such fiscal year.
    Funds must be obligated for ITS projects such as 
improvements to the performance of a system like incident 
management, projects that provide for networks to link 
metropolitan and rural surface transportation systems, 
improvements to highway safety, operation and management, 
interagency support between transportation agencies, police, 
medical services and others, and planning.
    States are not required to obligate proportional or equal 
amounts of their Section 104(b)(1), (2), (3) and (4) funds. 
Section 1201 does not change the eligibility of projects under 
Section 104.

Sec. 1206. Environmental review of activities that support deployment 
        of intelligent transportation systems (ITS)

    This section requires the Secretary to conduct a rulemaking 
within one year to establish categorical exclusions, to the 
extent appropriate, for activities that support the deployment 
of ITS from the requirement that an environmental assessment or 
an environmental impact statement be prepared under NEPA, in 
compliance with the standards for categorical exclusions 
established by NEPA.
    The Secretary shall also develop a nationwide programmatic 
agreement governing the review of activities that support ITS 
deployment in accordance with the National Historic 
Preservation Act. The agreement will be developed in 
consultation with the National Conference of State Historic 
Preservation Officers and the Advisory Council on Historic 
Preservation.

Sec. 1207. State assumption of responsibility for certain programs and 
        projects

    This section provides the Secretary the authority to 
conduct a pilot program for up to five states to assume the 
responsibilities of the Secretary for projects funded under 
Section 104(h), transportation enhancement activities under 
Section 133, as defined in Section 101(a)(35), and projects 
defined in Section 101(a)(38) of title 23, and Section 5607 of 
TEA LU.

Sec. 1208. HOV facilities

    This section adds a new section 168 to title 23 that 
authorizes the use of High Occupancy Vehicle lanes. Subsection 
(a) of the proposed section 168 in title 23 allows a state 
agency to establish the occupancy requirements of vehicles 
operating on an HOV facility except that no fewer than 2 
occupants per vehicle may be required for use of a HOV 
facility.
    This section also provides the exemptions for the HOV 
occupancy requirements including motorcycles, bicycles, public 
transportation vehicles, and High Occupancy Toll (HOT) vehicles 
and low emission and energy-efficient vehicles.
    For HOT lanes the state agency must charge operators of 
vehicles with less than the established occupancy requirements 
a fee. The agency must also establish a program that addresses 
how motorists can enroll and participate in the toll program, 
automatically collects tolls, and establishes policies and 
procedures to manage demand by varying the toll, enforce 
violations, and permit low-income drivers to pay a reduced 
toll.
    For inherently low emission vehicles, a state may allow the 
use of HOV lanes even if the occupancy requirements are not met 
so long as the vehicles are certified pursuant to section 
88.311-93 of title 40, Code of Federal Regulations. The state 
agency may also allow other low emission and energy efficient 
vehicles to pay a toll to use HOV lanes even if the occupancy 
requirements are not met if those vehicles meet the 
certification requirements that the EPA is directed to develop 
in subsection (e). The toll amount charged to low emission 
vehicles not certified pursuant to the CFR and other energy 
efficient vehicles may be less than other HOT lane vehicles, or 
the toll may be zero.
    This section also sets requirements applicable to tolls on 
HOV lanes. This subsection verifies that HOV facilities on the 
Interstate can be tolled pursuant to the provisions of this 
section. The subsection also states that the state agency must 
first use the toll revenue to repay debt and provide a 
reasonable rate of return on investments and then must give 
priority consideration to projects for developing alternatives 
to single occupancy vehicle travel and projects for improving 
highway safety, including projects that improve safety by 
providing increased capacity.
    This section addresses HOV facility management, operation, 
monitoring and enforcement. If a state agency allows single 
occupancy HOV vehicles to use the facility it must ensure that 
vehicles maintain a minimum operating speed 90 percent of the 
time over a 6-month period during weekday peak travel periods.

Sec. 1209. Congestion pricing pilot program

    This section amends the congestion pricing pilot program 
established under the Intermodal Surface Transportation Equity 
Act of 1991 to expand the authority to conduct such projects to 
all States, although the number of congestion pricing pilot 
projects is limited to 25. The limit of 25 projects includes 
all projects previously approved under this section (prior to 
the enactment of TEA LU) that collect tolls. This section also 
requires that any congestion pricing toll programs include a 
program for low-income drivers to pay a reduced toll. This 
section also sets aside $3 million a year for congestion 
pricing programs that do not include tolls.

Sec. 1210. Congestion mitigation and air quality improvement program 
        eligibility

    This section clarifies that transportation system 
management and operations are an eligible activity under this 
program.

Sec. 1211. Special rules for state assumption of responsibilites

    This section refers to certain rules for the pilot program 
established in Section 1207.

Sec. 1212. Opening of interstate ramps

    This section provides for opening a ramp connecting I-495 
and Arena Drive in the State of Maryland.

                  Subtitle C--Mobiility and Efficiency

Sec. 1301. National corridor infrastructure improvement program

    This section directs the Secretary to establish and 
implement a program to allocate funding to States for highway 
construction projects in corridors of national significance. A 
State must submit applications to the Secretary for funds.
    The Secretary shall give priority to corridor projects that 
are part of, or will be designated as part of, the Dwight D. 
Eisenhower National System of Interstate and Defense highways 
and to any project that will be complete in five years. The 
Secretary shall consider such factors as mobility, economic 
growth, linking two existing segments of Interstate, commercial 
vehicle traffic due to NAFTA, reduction of travel time, value 
of the cargo traveling through the corridor, economic costs, 
and the financing associated with the project.

Sec. 1302. Coordinated border infrastructure program

    This section establishes a new formula program for border 
infrastructure projects. The Secretary apportions funds to the 
States based upon several factors: incoming commercial trucks 
passing through land border ports of entry; the number of 
incoming personal motor vehicles and buses passing through the 
land border ports of entry; the weight of incoming cargo by 
commercial trucks passing through such ports of entry; and the 
number of land border ports of entry.
    Definitions--``Border region'' means any portion of a 
border State within 20 miles in an international land border 
with Canada or Mexico. ``Border State'' means any State that 
has an international land border with Canada or Mexico. 
``Commercial Truck'' means a commercial motor vehicle as 
defined in section 31301(4) (other than subparagraph (B)) of 
title 49, U.S.C.

Sec. 1303. Freight intermodal connectors

    This section establishes a new formula program for freight 
intermodal connectors. The Secretary shall apportion funds to 
States based upon the number of freight intermodal connectors; 
a State's annual contribution to the Highway Trust Fund; total 
lane miles of principle arterial routes; total vehicle miles 
traveled on lanes on principle arterial routes; total diesel 
fuel used on highways; total lane miles on principle arterial 
highways divided by population.
    The purpose of the program is to improve the movement of 
freight and mitigate the impact of congestion. Eligible 
projects include construction of and improvements to publicly 
owned freight intermodal connectors and operational 
improvements. States shall give priority to connectors to the 
National Highway System.
    States that do not have any freight intermodal connectors 
or whose connectors are in good condition may use the 
apportioned funds for projects eligible under the National 
Highway System (Section 103(b)(6) of title 23).

Sec. 1304. Projects of national and regional significance

    This section establishes a program to finance critical, 
high-cost transportation infrastructure that address critical 
national economic and transportation needs. These projects of 
national and regional significance will improve the safe, 
secure, and efficient movement of people and goods throughout 
the United States and improve the health and welfare of the 
national economy by increasing economic productivity, 
facilitating international trade, relieving transportation 
congestion, and enhancing transportation safety.
    The program will fund the construction of high-cost surface 
transportation projects, including freight railroad projects 
eligible under Title 23. To be eligible for assistance under 
this program, eligible project costs must equal or exceed the 
lesser of$500 million or 75 percent of the State's highway 
apportionment for the prior fiscal year. The Secretary of 
Transportation will conduct a national solicitation for applications 
for projects of national and regional significance and award grants on 
a competitive basis. The program creates a rigorous review process for 
project applicants similar to the Federal Transit Administration's 
review process for transit new start projects.

Sec. 1305. Dedicated truck lanes

    This section directs the Secretary to establish a pilot 
program to allocate funds to States for the construction of 
projects that separate commercial truck traffic from other 
motor vehicle traffic. Priority will be given to projects that 
provide additional capacity. The Secretary will also consider 
the following factors: improvement to the safe and efficient 
movement of freight; the extent to which trucks are separated 
from other traffic; the connectivity of the project to the NHS 
or the Interstate; if the project removes trucks from surface 
streets; reductions in travel time; and the extent to which 
federal funds are leveraged.

Sec. 1306. Truck parking facilities

    This section establishes a pilot program in cooperation 
with appropriate State, regional, and local governments to 
address the shortage of long-term parking for commercial motor 
vehicles on the National Highway System.
    This section allows State, regional, and local governments 
to address the safety problem of fatigued drivers through a 
pilot program designed to allow for the creation of new rest 
stops, as stated in section 120(c) of title 23, addition of new 
commercial motor vehicle parking facilities adjacent to 
commercial truck stops or travel plazas, or opening existing 
weigh stations or park-and-ride facilities to commercial motor 
vehicle parking. Pilot programs may also include using 
intelligent transportation systems, or other means, to promote 
the availability of public or privately available parking 
facilities.
    The Committee developed this pilot project after working 
closely with the Administration, industry, State safety and 
construction agencies, and truck plaza and rest stop operators. 
It is the Committee's intent that the projects funded from this 
pilot program only address adding parking facilities in 
corridors with an identified truck parking shortage. This pilot 
program is not intended to compete with local businesses or 
commercial enterprises.
    Not later than five years after the enactment of this bill, 
the Secretary shall transmit a report on the results of the 
pilot programs developed under this section.

                       Subtitle D--Highway Safety

Sec. 1401. Highway safety improvement program

    This section amends title 23 by eliminating the requirement 
that States set aside 10 percent of their section 133, Surface 
Transportation Program, funds to carry out section 130 of Title 
23, the Railway-Highway Crossing program and section 152, the 
Hazard Elimination program. This section also establishes a 
separate funding authorization for a combined section 130 and 
152 called Highway Safety Improvement Program. However, the 
authorizing language for the two programs still resides in 
Section 130 and Section 152.
    In subsection (a) the definition of Safety Improvement 
Project as used in Section 101(a)(30) of title 23 is expanded 
to include the installation of fluorescent, yellow-green signs 
at pedestrian or bicycle crossings or school zones.
    Subsection (b) amends title 23 to move the set-aside for 
Operation Lifesaver from the apportionment under the Surface 
Transportation Program to the apportionment for Section 130. It 
also increases the amount for this program from $500,000 to 
$600,000.
    Subsection (c) increases the amount of the set-aside for 
hazard elimination in high-speed rail corridors designated 
under 104(d)(2) of title 23 and for the Minneapolis/St. Paul--
Chicago segment of the Midwest High-Speed Rail Corridor. The 
subsection also adds the Northern New England High Speed Rail 
Corridor and expands the South Central Corridor to section 
104(d)(2) of title 23.
    Subsection (d) adds a special rule to allow States to use 
funds for protective devices on other section 130 activities if 
the State demonstrates to the Secretary that it has met the 
needs in such State for protective devices. The apportionment 
formula for rail highway crossings is amended to distribute 
funds 50 percent based on the STP formula and 50 percent based 
on the number of rail highway crossings. Each state shall 
receive at least a minimum of one half of one percent. The 
federal share will be 90 percent. States will be required to 
report to Congress every two years and can use up to two 
percent of their funds for analysis and data collection.
    Subsection (e) makes technical changes.
    Subsection (f) amends section 152 (a)(1) of title 23 to 
include in the state survey dangers to the disabled from 
hazardous road conditions. It also includes a requirement that 
States identify the roadway safety improvements for hazardous 
locations. It also adds four new activities for which the funds 
can be used. The Secretary will use the STP apportionment 
formula to apportion funds to the States for the Hazard 
Elimination program. Each State shall receive at least one half 
of one percent from funds apportioned to the States. The 
federal share will be 90 percent. The Secretary is required to 
report to Congress every two years the results of this program, 
including projects completed, the effectiveness of the 
projects, adequacy of funding and recommendation of 
improvements to the program.
    Subsection (g) makes the amendments in subsection (d), (e) 
and (f) effective September 30, 2005 since there is no funding 
for the new Highway Safety Improvement Program in fiscal year 
2005.

Sec. 1402. Worker injury prevention and free flow of vehicular traffic

    The Secretary shall, within one year, issue regulations 
requiring workers whose duties place them in close proximity to 
a Federal-aid highway to wear high visibility garments.

Sec. 1403. High risk rural road safety improvement program

    The Secretary shall establish and implement a program to 
improve safety on rural major or minor collector or rural local 
roads. Funds will be apportioned to States based on public road 
lane mileage, population in other than urbanized areas, and 
vehicle miles traveled on public roads. States will allocate 
apportioned funds to projects that have the highest benefits to 
highway safety. Funds can only be used for construction and 
operational improvements on high-risk rural roads.

Sec. 1404. Transfers of apportionments to safety programs

    Subsection (a) caps the amount of apportioned funds that 
are required to be transferred from sections 104(b)(1), (2), 
and (3) of title 23 to section 402 of title 23 in an amount 
equivalent to three percent of what was apportioned to states 
in fiscal year 2003. This transfer is required when States fail 
to comply with section 153(a)(2) of title 23 (seatbelt use in 
the front seat). It also caps the amount of obligation 
authority the Secretary is required to transfer with the 
apportionment in the preceding sentence.
    Subsection (b) caps the amount of apportioned funds that 
are required to be transferred from sections 104(b)(1), (3), 
and (4) of title 23 to section 402 of title 23 in an amount 
equivalent to three percent of what was apportioned to states 
in fiscal year 2003. This transfer is required when States fail 
to comply with section 154(b) of title 23 (open container 
laws). It also caps the amount of obligation authority the 
secretary is required to transfer with the apportionment in the 
preceding sentence.
    Subsection (c) caps the amount of apportioned funds that 
are required to be transferred from sections 104(b)(1), (3), 
and (4) of title 23 to section 402 of title 23 in an amount 
equivalent to 3 percent of what was apportioned to states in 
fiscal year 2003. The funds are to be used to carry out section 
164(b)(1)(A) or (B). This transfer is required when States fail 
to enact or enforce a repeat intoxicated driver law. It also 
caps the amount of obligation authority the secretary is 
required to transfer with the apportionment in the preceding 
sentence.

Sec. 1405. Safety incentive grants for use of seat belts

    This section authorizes $112,000,000 for each of fiscal 
years 2004 and 2005 for grants to states that have met certain 
requirements with regards to seatbelts.

Sec. 1406. Safety incentives to prevent operation of motor vehicles by 
        intoxicated persons

    Subsection (a) codifies the penalty against states for not 
enacting and enforcing a 0.08 drunk driving law. This penalty 
was originally enacted in the 2001 DOT appropriations bill.
    Subsection (b) authorizes $110,000,000 for each of fiscal 
years 2004 and 2005 for grants to states that have enacted 0.08 
laws.
    Subsection (c) repeals the appropriations language that 
enacted the penalty in 2001.

Sec. 1407. Repeat offenders for driving while intoxicated

    This section amends Section 164(a)(5)(A) of title 23 by 
adding an alternative penalty that a person who is a repeat 
offender can receive for a violation: a 45 day suspension of 
driving privileges followed by a reinstatement of limited 
driving privileges to get to work, school or alcohol treatment 
programs if an ignition interlock device is installed on each 
motor vehicle owned or operated, or both, by the individual.

Sec. 1408. Repair and replacement of highway features on national 
        highway system

    This section instructs the Secretary to conduct a 
rulemaking to determine the standards to which a State should 
replace or repair damaged highway features after they have been 
damaged.

           Subtitle E--Construction and Contract Efficiencies

Sec. 1501. Design-build

    Subsection (a) amends section 112 of title 23 with the 
intent of clarifying and improving the design-build authority 
provided. During the rulemaking process for the design-build 
regulation required by section 1307 of TEA 21, which also 
amended 23 U.S.C. 112, FHWA received several comments regarding 
the restrictive nature of the ``qualified project'' definition 
with respect to the project cost threshold. Approximately 85 
percent of the design-build projects that have been evaluated 
under the FHWA experimental contracting program (Special 
Experimental Project No. 14 (SEP-14)--Innovative Contracting) 
are too small to meet the definition of ``qualified project.'' 
Based on the Haw's experience with design-build projects under 
SEP-14, there is no need to limit design-build projects to 
those costing more than $5 million in the case of a project 
that involves installation of an intelligent transportation 
system and to those costing more than $50 million in the case 
of any other project.
    Subsection (b) similarly amends section 112 of title 23 
making clear the parameters of the authority for the use of 
project evaluation criteria. The subsection also makes clear 
that this amendment does not disturb any other authority that 
the Secretary has under current law or that is being carried 
out by the Secretary as of the date of enactment.

Sec. 1502. Warranty highway construction project pilot program

    The Committee is aware that highway projects constructed of 
advanced materials, and often utilizing innovative techniques 
that also contain warranties of the constructed project's 
expected performance can, over the life of the project mean 
less cost to the state for maintenance, reconstruction and 
rehabilitation, than a similar project not utilizing advanced 
techniques and materials and not containing a warranty.
    This pilot program is meant to take the experience of 
states already utilizing warranty bid regimes and conduct a 
pilot within the federal-aid program. The Committee expects 
that the projects built under this authority will cost less 
over their life to the taxpayer than non-warranted projects.

Sec. 1503. Private investment study

    This section authorizes the National Academy of Sciences to 
conduct a study to evaluate private investment in surface 
transportation infrastructure.

Sec. 1504. Highways for life pilot program

    The Committee intends with this pilot program to 
incentivize the use of innovative technologies and practices in 
the construction of highways and bridges. The Committee expects 
that safe, efficient highways and bridges can be built faster, 
and with greater durability, if innovative practices and 
technologies are utilized. This pilot authorizes the Secretary 
to allocate funds for projects deemed to satisfy the 
requirements of the project. The selection criteria are 
designed to identify projects that employ material and 
technique innovations which will produce more quickly 
constructed, longer lasting, high-quality and cost-effective 
projects.

                          Subtitle F--Finance

Sec. 1601. Transportation Infrastructure Finance and Innovation Act

    This section makes programmatic changes to the TIFIA 
program.
    Subsection (a) makes technical changes to the definitions 
in Section 181 of title 23.
    Subsection (b) amends Section 182 of title 23 to clarify 
the requirements regarding statewide and metropolitan planning. 
This subsection also decreases the minimum eligible project 
costs to $50,000,000 and to $15,000,000 for ITS projects.
    Subsection (c) makes technical changes to the project 
selection process in section 182 of title 23.
    Subsection (d) makes technical changes to Section 183 of 
Title 23. The change to section 183(a)(4) codifies a DOT 
regulation that requires the project's senior obligations to 
receive an investment-grade rating in order to execute a 
secured loan agreement. The change to section 183(b)(2) ensures 
that the amount of the TIFIA credit instrument may not exceed 
that of the senior project obligations. The elimination of 
section 183(c)(3) deletes the description of sources of 
repayment funds because the subject is already covered in 
section 183(b)(3).
    Subsection (e)(1) makes changes to section 184(b)(3) to 
ease the restrictions on funding draws on a line of credit in 
order to help a borrower avoid a payment default. The changes 
to section 184(b)(4) conform the interest rate setting 
mechanism for the line of credit with that for secured loans. 
The change to section 184(b)(5) has the same purpose as the 
changes to sections 183(b)(3) and 182(a)(4).
    Subsection (e)(2) makes changes to Section 184(c) to 
clarify language regarding the scheduling of principal and 
interest repayments. The elimination of section 184(c)(3) 
deletes the description of sources of repayment funds because 
the subject is already covered in section 184(b)(5)(A)(i).
    The changes to sections 185(a), 185(b), and 185(c) in 
subsection (f) clarify that the Secretary may establish fees to 
cover the cost of servicing TIFIA credit instruments. The 
change to section 185(d) clarifies that the program may retain 
outside counsel to assist in the underwriting and servicing of 
TIFIA credit instruments.
    Subsection (g) sets the funding levels for the TIFIA 
program, including administrative expenses and limitations on 
credit amounts.

Sec. 1602. State Infrastructure Banks

    Subsection (a) of this section codifies a state 
infrastructure bank (SIB) program in Section 189 of title 23.
    Subsection (a) of Section 189 provides definitions for the 
SIB program. Subsection (b) permits the Secretary to enter into 
a cooperative agreement with a state for the establishment of a 
SIB. Subsection (c) allows two or more States to enter into a 
cooperative agreement with the Secretary to establish a multi-
state SIB. Subsection (d)establishes funding requirements for 
SIBs, restricting the amount of federal funding that a State can 
deposit in their highway, transit, and rail SIB accounts. Subsection 
(e) establishes the forms of assistance that a SIB can offer. 
Subsection (f) describes the eligible projects that are allowed to be 
funded by the SIB.
    Subsection (g) establishes the requirements that a State 
must adhere to when establishing a SIB. Subsection (h) speaks 
to the applicability of Federal law in the SIBs program. 
Subsection (i) states that the United States is not obligated 
by any commitment made by a state SIB. Subsection (k) limits 
the amount of federal funds that can be used to administer the 
state SIB to 2 percent of the federal funds contributed to the 
SIB.
    Subsection (b), (c), (d), and (e) of Section 1602 
establishes a new chapter 6 in title 23 for infrastructure 
finance.

Sec. 1603. Interstate system reconstruction and rehabilitation toll 
        pilot program

    This section establishes an interstate system 
reconstruction and rehabilitation pilot program similar to the 
one authorized in TEA 21. The new program is limited to three 
facilities and requires states to show that tolling is the most 
efficient and economical way to finance the project. The 
previous program required that states prove that tolling was 
the only way to finance the interstate reconstruction or 
rehabilitation project. The new program also requires that the 
state agency collect tolls electronically and that the agency 
include a program to permit low-income drivers to pay a reduced 
toll amount.

Sec. 1604. Interstate system construction toll pilot program

    This section establishes a new pilot program for projects 
involving the construction of new interstate facilities. The 
program is limited to three facilities (multi-state corridor 
projects may be considered as one facility) and states must 
show that tolling is the most efficient and economical way to 
finance the project. The new program also requires that the 
state agency collect tolls electronically and that the agency 
include a program to permit low-income drivers to pay a reduced 
toll amount.
    It is the Committee's intent that this program be used only 
for the construction of new interstate facilities and that the 
pilot program authorized in Section 1603 be used only for 
rehabilitation and reconstruction of existing interstate 
facilities.

Sec. 1605. Special Rules relating to the State Infrastructure Bank 
        program

    This section refers to special rules governing interstate 
compacts for State Infrastructure Banks.

                   Subtitle G--High Priority Projects

Sec. 1701. High priority projects program

    This section updates the current high priority projects 
program to reflect the funding and year-by-year allocations 
provided in TEA LU.

Sec. 1702. Project authorizations

    This section lists the state, project description, and 
dollar amount for each high priority project.

                  Subtitle H--Miscellaneous Provisions

Sec. 1801. Budget justification

    This section requires the Department of Transportation and 
each agency therein to submit to the Committee on 
Transportation and Infrastructure a budget justification 
concurrently with the President's Annual Budget submission.

Sec. 1802. Motorist information

    This section repeals section 124 of title I of division F 
of the FY 2004 appropriations bill.

Sec. 1803. Motorist information concerning full service restaurants

    This section requires the Secretary to do a rulemaking to 
determine whether to give priority to full service restaurants 
on at least two of the panels for highway food service signs.

Sec. 1804. High priority corridors on the national highway system

    This section adds new corridor designations to the high 
priority corridor list in ISTEA.

Sec. 1805. Additions to Appalachian region

    This section adds 12 counties to the jurisdiction of the 
Appalachian Regional Commission.

Sec. 1806. Transportation assets and needs of Delta region

    This section authorizes the Secretary to contract with the 
Delta Regional Authority (DRA) to conduct a study on the Delta 
region's transportation assets and needs for all modes of 
transportation, including passenger and freight transportation. 
This section also directs the DRA to report to Congress the 
results of the study and establish a regional strategic plan to 
implement the report's recommendations.

Sec. 1807. Toll facilities workplace safety study

    This section directs the Secretary to conduct a study to 
determine the safety of highway toll collection facilities for 
toll collectors who work in and around such facilities. It 
requires the Secretary to submit within 1 year a report on the 
results of the study and recommendations for improving 
workplace safety at toll facilities to the congressional 
committees of jurisdiction.

Sec. 1808. Pavement marking systems demonstration projects

    This section directs the Secretary to conduct demonstration 
projects in Alaska and Tennessee to study the impacts of 
increasing the minimum width for pavement markings from four 
inches to six inches and report the results to Congress by June 
30, 2009.

Sec. 1809. Workzone safety grants

    This section directs the Secretary to establish a work zone 
safety grant program to provide training to prevent or reduce 
highway work zone injuries and fatalities.

Sec. 1810. Grant program to prohibit racial profiling

    On February 27, 2001, in the Address to a Joint Session of 
Congress, President George W. Bush declared that racial 
profiling is ``wrong and we will end it in America''. The 
President issued a Memorandum for the Attorney General that 
directed the Attorney General to review the use of Federal law 
enforcement authorities use of race in conducting stops, 
searches, and other investigative procedures. In particular, 
the President asked the Attorney General to work with Congress 
to develop methods or mechanisms to collect any relevant data 
from Federal law enforcement agencies and to work in 
cooperation with state and local law enforcement agencies in 
order to assess the extent and nature of any such policies.
    In response to the efforts of the President to end the use 
of racial profiling, this section establishes a new incentive 
grant program to encourage states to enact and to enforce laws 
that prohibit the use of racial profiling in the enforcement of 
traffic laws on Federal-aid highways. The incentive grant 
program will assist the states with the compilation of data to 
support efforts to eliminate the use of race or ethnicity as a 
key factor in whether to make a traffic stop.
    Subsection (a) authorizes the Secretary to make a grant to 
a state that has enacted and is enforcing a law that prohibits 
the use of racial profiling in the enforcement of traffic laws 
on Federal-aid highways. To be eligible for a grant, a state 
must maintain and allow public inspection of statistical 
information for each motor vehicle stop in the state showing 
the race and ethnicity of the driver and any passengers. Also, 
a state may receive a grant if the state provides assurances 
satisfactory to the Secretary that the state is undertaking 
activities that will lead to compliance with the requirements 
to this section.
    Subsection (b) authorizes the eligible activities for which 
a grant may be used by the state. In the case of a state 
eligible for a grant under subsection (a)(1), the grant may be 
used for: collecting and maintaining of data on traffic stops; 
evaluating the results of the data; and developing and 
implementing programs to reduce the occurrence of racial 
profiling. An eligible state receiving a grant by providing 
assurances to the Secretary that the state is undertaking 
activities that will lead to compliance with this section may 
use the grant for any eligible activity under this section. The 
collection, maintenance, and evaluation of data relating to 
traffic stops could be used to determine whether race has been 
a key factor in motor vehicle stops. According to the report 
published by the Comptroller General entitled Racial Profiling, 
more information is needed to determine the extent to which 
race, as opposed to other factors, is a key factor for traffic 
stops.
    Subsection (c) clarifies the meaning of racial profiling as 
it pertains to making routine or spontaneous law enforcement 
decisions, such as ordinary traffic stops. The racial profiling 
provisions under this section is not intended to affect the 
ability of law enforcement officers from considering race or 
ethnicity whenever there is trustworthy information available 
that links persons of a particular race or ethnicity to an 
identified criminal incident, scheme, or organization.
    Subsection (d) limits the maximum amount for which a state 
may receive a grant to not more than 5 percent of the amount 
authorized in a fiscal year to carry out this section. A state 
that provides assurances to the Secretary that the state is 
undertaking activities that will lead to compliance with the 
requirements of this section may not receive a grant in more 
than two fiscal years.

Sec. 1811. America's Byways Resource Center

    This section reauthorizes the America's Byways Resource 
Center. The Byways Resource Center provides technical support 
and conducts educational activities for the National Scenic 
Byways program. Technical support and educational activities 
will provide local officials and organizations with proactive, 
technical, and on-site customized assistance, including 
training, communications (including a public awareness series), 
publications, conferences, on-site meetings, and other 
assistance considered appropriate to develop and sustain Scenic 
Byways and All-American Roads.

Sec 1812. Technical adjustment

Sec. 1813. Road user charge evaluation pilot project

    The issue of future financing of the Highway Trust Fund is 
a critical one that Congress must begin to address. The Trust 
Fund is currently financed primarily through fuel excise taxes 
and certain truck taxes. When the Trust Fund was established in 
the 1950s, it was legitimate to have the gas tax serve as a 
surrogate for road usage and be the basis for the user-pays 
system of the federal highway program. But with the advent of 
hybrid cars, alternative fuels, the potential for fuel cell 
technology, increased fuel efficiency and other technological 
developments, the relationship between the gas tax and road 
usage is diminishing.
    On July 16, 2002, the Subcommittee on Highways, Transit, 
and Pipelines held a hearing on this and related topics. 
Testimony was received from representatives of the Public 
Policy Center of the University of Iowa regarding research that 
was then in progress, though now completed, to develop a new 
approach for charging vehicles that travel on the public roads. 
A consortium of the Federal Highway Administration and 15 state 
departments of transportation funded the study. The purpose of 
the study was to evaluate how intelligent transportation system 
technology (GPS and on-board computers, smart cards and 
collection centers) can be used to assess mileage-based road 
user charges.
    This section provides funding and authorization for the 
Secretary to conduct a pilot project to test the technology and 
feasibility of the system. It is contemplated that various cars 
will be equipped with the technology in different regions of 
the country with a diverse set of drivers. An important element 
of the study is measuring the public acceptance of such a 
system and to ensure that privacy concerns of drivers are met.
    The finding of this study will provide useful information 
as the Congress strives to identify a funding source to finance 
the federal-aid highway programs that is stable, accurate, 
fairer and more flexible than the current gas tax.

Sec. 1814. Thomas P. ``Tip'' O'Neill, Jr. Tunnel

    This section designates that, in honor of his service to 
the Commonwealth of Massachusetts and to the United States, and 
in recognition of his contributions toward the construction of 
the Central Artery project in Boston, Massachusetts, the 
Central Artery Tunnel should be named as the ``Thomas P. `Tip' 
O'Neill, Jr. Tunnel''.

Sec. 1815. Conforming amendment for transportation planning sections

    Section 1814 amends sections 134 and 135 of title 23, 
United States Code to indicate that metropolitan and statewide 
transportation planning programs funded under those sections 
shall be carried out according to the provisions of the unified 
highway and transit planning chapter in chapter 52, title 49, 
United States Code. (See Title VI of TEA LU.)

Sec. 1816. Distribution of metropolitan planning funds within states

    This section requires the states to distribute planning 
funds to the metropolitan planning organizations within 30 days 
of receipt of such funds from the Secretary.

Sec. 1817. Treatment of off ramp

    This section specifies that an off-ramp in California meets 
the requirements of Title 23 that govern the approval of the 
placement of ramps off a Federal-aid Highway.

Sec. 1818. Loan forgiveness

    This section specifies that a loan has satisfied its 
repayment obligations.

Sec. 1819. Lead agency designation

    This section specifies that a specific agency in California 
be the lead agency for a highway project authorized in 1991.

Sec. 1820. Use of debris from demolished bridges and overpasses

    This section specifies that any debris from a demolished 
Federal-aid bridge or overpass can be used for beneficial 
public use by Federal, State, and local governments.

Sec. 1821. Hubzone program

Sec. 1822. Technical changes to TEA 21 projects

    This section makes changes to projects authorized in TEA 
21.

Sec. 1823. National Work Zone Safety Information Clearinghouse

    This section provides grants to establish and operate a 
National Work Zone Safety Information Clearinghouse.

Sec. 1824. Transportation conformity

    This section makes transportation-related changes to the 
Clean Air Act.

Sec. 1825. Eligibility to participate in Western Alaska Community 
        Development Quota Program

Sec. 1826. Metropolitan regional freight and passenger transportation 
        study

    This section authorizes the Secretary to enter into an 
agreement with two universities to study metropolitan regional 
freight and passenger transportation.

Sec. 1827. Intermodal transportation facility expansion

Sec. 1828. Advanced truck stop electrification system

    This section includes a definition for Advanced Truck Stop 
Electrification Systems in title 23 and clarifies that such 
systems are eligible under STP.

Sec. 1829. Technology

    This section encourages states to consider using a new 
technology to detect cracks in bridges.

Sec. 1830. Extension of public transit vehicle exemption from axle 
        weight restrictions

    This section extends the exemption that public transit 
vehicles and over-the-road buses have from axle weight 
restrictions.

Sec. 1831. Motorcyclist advisory council

    This section establishes an advisory council to address 
relevant highway infrastructure issues as they relate to 
motorcyclists.

Sec. 1832. Sharing of monetary recoveries

    This section addresses the sharing of monetary judgments 
from Federal proceedings pertaining to fraud in Federally 
funded highway and public transportation programs.

Sec. 1833. Eligibility under CMAQ

    This section specifies that advanced truck stop 
electrification system is an eligible activity under CMAQ.

Sec. 1834. Sense of Congress Regarding Buy America

    The Committee is concerned that the intent of Congress in 
the original Buy America (P.L. 97-424 Sec. 165) is being 
misinterpreted on federally funded bridge projects. The Buy 
America provision provides that domestic iron and steel be used 
in federal transportation projects unless its use would 
increase the ``overall project contract'' by more than 25 
percent. The problem that is emerging in the highway bridge 
industry is that project managers are attempting to circumvent 
the Buy America requirement by breaking bridge projects into 
component parts and applying the 25% test separately to each of 
the component parts, rather than to the entire bridge project 
as required by law. The intent of the Buy America/domestic 
content law was to ensure that when taxpayer money is invested 
on direct federal government procurement and infrastructure 
projects, these expenditures stimulate U.S. production and 
employment. This provision is intended to end any confusion or 
misinterpretation of the law by making clear that it is the 
Sense of Congress that the Buy America test applies to the 
overall bridge project.

Sec. 1835. Community enhancement study

    This section directs the Secretary to make a grant to, or 
enter into a cooperative agreement or contract with, a national 
organization representing architects who have expertise in the 
design of a wide range or transportation and infrastructure 
projects to conduct a study on the role of well-designed 
transportation projects in promoting community enhancement.

Sec. 1836. Transportation and local workforce investment

    This section expresses the sense of the Congress that 
Federal transportation projects should facilitate and encourage 
the collaboration between interested persons to help leverage 
scarce training and community resources and to help encourage 
local participation in the building of transportation projects.

Sec. 1837. Special rule for fiscal year 2004

    This section states that where fiscal year 2004 authorized 
amounts in this title differ from fiscal year 2004 authorized 
amounts in the Surface Transportation Extension Act of 2004, 
Part V (STEA Part V), then STEA Part V governs.

                        NIGHT-TIME CONSTRUCTION

    Presently the federal government is investing more than $30 
billion annually on roadway construction projects. This 
significant investment is creating increased motorist exposures 
to roadway work zones. Since 1997 the number of fatalities in 
roadway work zones for both motorists and construction workers 
has grown by over 70 percent. With nearly 1,200 fatalities and 
40,000 injuries occurring annually in roadway construction 
zones, work zone safety is a serious public health concern.
    Since most road work today involves reconstruction, 
rehabilitation and maintenance of existing roadways, it is 
conducted adjacent to traffic. As a result, more and more 
jurisdictions across the country are looking to night-time 
construction as a way to reduce motorist delay and 
inconvenience by scheduling work when traffic is lighter.
    The Committee is concerned about the impact of night-time 
construction on motorists, workers and communities. Current 
information is not comprehensive or well communicated to public 
and private entities and individuals that need it most.
    The Committee directs the Federal Highway Administration to 
conduct and compile research on many aspects of night-time road 
construction, including:
           Comparisons between work zone-related crash 
        rates daytime and night-time construction operations;
           Rates and frequencies of incidents caused by 
        drivers under the influence of alcohol, drugs and/or 
        other substances causing driver impairment;
           Rates and frequencies of incidents caused by 
        drivers and workers who are tired or sleep deprived;
           Impacts on worker health and welfare;
           Impacts on adjacent communities;
           Impacts on construction quality and work 
        schedules; and
           General impact on roadway construction 
        worker safety.
    The Committee directs the Federal Highway Administration to 
report to the Committee two years after passage of this 
legislation on the results of its research.

                    CATHODIC BRIDGE PROTECTION STUDY

    The issue of the increased cost to repair/replace concrete 
bridges due to the corrosion of steel rebar in bridges caused 
by exposure to a chlorine environment is a critical one that 
Congress must begin to address. The Committee directs the 
Secretary to study the application of cathodic protection 
technology to concrete bridges in order to extend the life of 
the bridge and reduce future repair costs.
    The Committee also directs the Secretary to report to 
Congress on the results of any study.

              TRAFFIC CONTROL AT HIGHWAY-RAILWAY CROSSINGS

    With respect to increasing safety at grade crossings, the 
Committee notes that 1,431 people have been killed in 11,860 
accidents at public crossings with crossbuck devices during the 
past ten years. The size, weight, and design of trains prevent 
them from being able to stop and start as quickly as an 
automobile or truck. Given the importance of safety at highway-
rail crossings, the Committee urges the Secretary of 
Transportation to revise the Manual of Uniform Traffic Control 
Devices and such other regulations and agreements of the 
Federal Highway Administration as may be necessary to require 
``yield'' signs be installed at all public highway-rail 
crossings without automatic traffic control, save for those 
crossings which, in the judgment of the roadway authority, 
require ``stop'' signs, together with appropriate advance 
warning signs at all crossings.
    In October of 2004, Federal Highway Administration (FHWA) 
was requested to issue an interim order amending the Manual on 
Uniform Traffic Control Devices to include a standard that 
``yield'' signs be installed at all public crossings with 
passive devices, except at those which the roadway authority 
deemed to require a ``stop'' sign based on an exhaustive study 
contained in National Cooperative Highway Research Program 
(NCHRP) Report 470. Considering that the NCHRP Report 470 was 
completed in at the end of 2001, the Committee urges the 
Secretary to act immediately to consider appropriate changes to 
the Manual of Uniform Traffic Control Devices.

                TITLE 23 DEFINITION OF ``CONSTRUCTION''

    The Committee interprets the definition of ``Construction'' 
in section 101(a)(3) in title 23 to include under paragraph 
(G), improvements that directly facilitate and control traffic 
flow, such as grade separation of intersections, widening of 
lanes, chanelization of traffic, traffic control systems, 
reversible lanes, contraflow lanes, moveable medians, 
coordinated traffic signalization, managed lanes, and passenger 
loading and unloading areas.

            TITLE 23 DEFINITION OF ``OPERATION IMPROVEMENT''

    The Committee interprets the definition of ``Operation 
Improvement'' in Section 101 in title 23 to include a capital 
improvement for installation of traffic surveillance and 
control equipment, computerized signal systems, motorist 
information systems, integrated traffic control systems through 
such means as reversible lances, contraflow lanes, moveable 
medians, coordinated traffic signalization, and managed lanes.

               HIGHWAY-TRANSIT FUNDING TRANSFER AUTHORITY

    In 1991, the Intermodal Surface Transportation Efficiency 
Act (ISTEA) provided additional authority for states to 
transfer Federal funds between highway and transit programs. In 
1998, Congress continued and expanded this transfer authority. 
Many States have actively used this authority to transfer 
Federal funds between highway and transit programs. The 
committee believes it is important to review how the States and 
public transit authorities have used this transfer authority 
and directs the Government Accountability Office to report to 
Congress on the use of this transfer authority by the States 
and public transit authorities, the highway and transit 
projects funded with these funds, and the U.S. Department of 
Transportation administrative mechanisms to track the use of 
these transferred funds. This report should be completed as 
soon as practicable and no later than two years after the date 
of enactment.
    The Committee notes that, in the Design Standards Manual 
for construction of Interstates and their improvement, the 
requirements for control of access at ramp terminals in urban 
areas is 100 feet and 300 feet in rural areas. The Committee 
instructs the Federal Highway Administrator within 180 days to 
provide an explanation to the Committee for the different 
treatment of rural and urban access control at ramp terminals.

                        TITLE II--HIGHWAY SAFETY

    Motor vehicle crashes are the leading cause of death 
between the ages of 3 through 33. In 2003, a total of 42,643 
people were killed in traffic crashes, and an additional 2.89 
million were injured. Alcohol-related deaths account for 40 
percent of all traffic fatalities. Fifty-six percent of those 
killed in passenger vehicles in 2003 were not wearing seat 
belts. It is estimated that highway crashes cost society $230.6 
billion each year, about $820 per person.

Sec. 2001. Authorizations of appropriations

    This section authorizes funds for the section 402 highway 
safety grant program; occupant protection incentive grants 
under section 405; alcohol-impaired driving countermeasures 
incentive grants under section 410; state traffic safety 
information improvements under section 412; the national driver 
registery; and the high visibility enforcement program.
    The Secretary is provided the flexibility to transfer any 
amounts remaining available under the occupant protection 
incentive grant program, the alcohol-impaired driving 
countermeasures program, and the state traffic safety 
information system improvements program to ensure, to the 
maximum extent possible, that each state receives the maximum 
amount of incentive grants under these programs for which the 
state is eligible.

Sec. 2002. Occupant protection incentive grants

    This section extends the occupant protection incentive 
grant program through the term of the legislation. A state may 
become eligible for these grants by either having a seatbelt 
usage rate of at least 85 percent or by implementing at least 
four of the six safety incentives under the program.

Sec. 2003. Alcohol-impaired driving countermeasures

    This section extends the alcohol-impaired driving 
countermeasures program over the term of the legislation. The 
criteria for eligibility under the Basic Grant A program is 
expanded to includ states that have an alcohol-related fatality 
rate of 0.5 or less per 100 million vehicle miles traveled. The 
eligibility criteria for Basic Grant A is amended, under the 
administrative license revocation requirement, to permit a 
state to allow a first time offender who has had his or her 
license suspended to operate a motor vehicle, after a 15-day 
suspension period, to and from employment, school, or an 
alcohol treatment program if an ignition interlock device is 
installed on the vehicle. Similarly, a state may allow a repeat 
offender who has had his or her license suspended or revoked to 
operate a motor vehicle, after a 45-day suspension or 
revocation period, to and from employment, school, or an 
alcohol treatment program if an ignition interlock device is 
installed on the vehicle.
    Under the Basic Grant A criteria, four new eligibility 
requirements are added in lieu of eliminating the young adult 
drinking awareness program. The new requirements are a judicial 
and prosecutorial outreach program, a self-sustaining drunk 
driving prevention program, programs for effective alcohol 
rehabilitation, and a program for impounding vehicles of drunk 
drivers. States may become eligible for Basic Grant A by 
implementing at least six eligibility criteria for fiscal years 
2005 and 2006 and at least seven criteria for the following 
fiscal years.
    The criteria for the eligibility for a Basic Grant B is 
amended to permit a state to receive a grant if its alcohol-
related fatality rate is 0.8 or more per 100 million vehicle 
miles traveled and the state establishes a task force to 
evaluate and recommend changes to the state's drunk driving 
programs. The supplemental grant program is repealed.

Sec. 2004. State traffic safety information system improvements

    This section authorizes a new section 412 program for state 
traffic safety information system incentive grants to encourage 
states to adopt and implement effective safety data systems. 
The Secretary is required to determine the model data elements 
necessary to analyze trends in crash occurrences, rates, 
outcomes, and circumstances. To receive a grant, a state must 
comply with safety data system requirements under this section 
and use the grant only to implement such requirements.

Sec. 2005. High visibility enforcement program

    The Secretary is required to establish a program to support 
national impaired driving mobilization and enforcement efforts 
and national safety belt mobilization and enforcement efforts, 
including the purchase of national paid advertisements to 
support such efforts.

Sec. 2006. Motorcycle crash causation study

    The Secretary is required to conduct a study of the causes 
of motorcycle crashes and to submit a report to Congress on the 
results of the study not later than 3 years after the date of 
enactment of this legislation.

Sec. 2007. Child safety and booster seats

    This section authorizes a child safety and child booster 
seat incentive grant program for the benefit of states that 
enact or enforce a law requiring children riding in passenger 
vehicles to be secured in child safety seats or child booster 
seats. States may use grants under this section only to carry 
out child safety seat and child booster seat programs, 
including education, training, enforcement, and the purchase 
and distribution of child restraints to families that cannot 
otherwise afford them. Each state to which a grant is made 
under this section must transmit a report to the Secretary 
indicating how the grant funds were expended and identifying 
the specific programs supported by the grant.

Sec. 2008. Motorcyclist safety

    This section establishes a new motorcyclist advisory 
council to advise the Federal Highway Administrator on 
infrastructure issues that concern motorcyclists. This 
sectionalso establishes a motorcycle safety incentive grant program for 
states that adopt and implement effective programs to reduce the number 
of single- and multi-vehicle crashes involving motorcycles.

Sec. 2009. Driver fatigue

    This section adds driver fatigue to the list of safety 
factors that must be included in state highway safety programs 
in accordance with uniform guidelines promulgated by the 
Secretary under section 402. The Committee wishes to 
acknowledge the contribution of ``Maggie's Law'' to its 
deliberations on this issue.

Sec. 2010. Authorizations of appropriations for highway safety research 
        and development

    This section authorizes funds out of the Highway Trust Fund 
for carrying out section 403 safety research and development.

Sec. 2011. Safety data

    This section requires the Secretary to collect data and 
compile statistics on accidents involving motor vehicles being 
backed up that result in fatalities and injuries. The Secretary 
is required to transmit a report to Congress not later than 
January 1, 2009, on these accidents and any recommendations 
regarding measures to be taken.

Sec. 2012. Driver performance study

    This section directs the Secretary to conduct a study on 
the risks associated with glare to oncoming drivers and to 
submit a report of findings and recommendations to Congress not 
later than 18 months after enactment.

                           TEEN DRIVERS STUDY

    Young drivers have the highest traffic crash risk of any 
age group, and are more likely to be involved in crashes 
involving driver error and speed than older drivers. The 
Committee directs the Secretary to conduct a study on the major 
causes of traffic crashes involving teen drivers and evaluate 
existing teen driver programs. Not later than one year after 
the date of enactment of this Act, the Secretary shall transmit 
a report to the Committee on the results of the study and 
recommendations to reduce the number of traffic crashes 
involving teenagers, including recommendations for model 
driving school curriculum and graduated licensing requirements.

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 3001. Short title; amendments to Title 49, United States Code

    Title III of the bill is cited as the ``Federal Public 
Transportation Act of 2005.'' All amendments in this title, 
unless otherwise specified, are made to title 49 of the United 
States Code.

Sec. 3002. Policies, findings, and purposes

    This section and subsequent sections of the bill change the 
terminology used to describe the federal transit programs, 
which have grown far beyond the original mission and 
orientation of ``urban renewal'' in the Federal Transit 
Administration's organic statute, the Urban Mass Transportation 
Act of 1964. Today, the federal transit programs also provide 
vital transportation services to rural and other non-urban 
constituencies. The title change and subsequent legislative 
changes to chapter 53, title 49 United States Code in which the 
terms ``mass transit'' or ``mass transportation'' are replaced 
by ``public transportation'' reflect this evolution.

Sec. 3003. Definitions

    This section includes amendments to section 5302 of title 
49, United States Code that change definitions that apply 
generally to all of chapter 53, except as otherwise 
specifically provided. These changes include adding new 
eligibilities for Federal capital transit funding. Newly 
eligible uses for these capital funds include: (1) acquiring, 
constructing, relocating, and renovating intercity bus stations 
and terminals; (2) crime prevention and security projects 
(including security training for personnel and conducting 
emergency response drills); (3) establishing a debt service 
reserve fund for bond payments when such bonds are used for the 
purpose of financing an eligible transit project; and (4) 
mobility management activities and projects. Mobility 
management activities and projects improve the coordination 
among public transportation and other transportation service 
providers through short-range planning and management 
activities, such as buying computer software that matches 
public transportation riders and non-emergency medical and 
other human services clients to transportation services. 
Directly providing public transportation services is not an 
eligible capital expense under this definition.
    Under current law, the terms ``mass transportation,'' 
``public transportation,'' and ``transit'' are interchangeable. 
Under the changes made in this section, these three terms are 
still synonymous. However, ``public transportation'' becomes 
the principal defined term.

Sec. 3004. Metropolitan planning

    This section amends sections 5303 and 5304 of title 49, 
United States Code, which contain the metropolitan planning 
process for federal transit funded programs under current law. 
The Transportation Equity Act: A Legacy for Users consolidates 
the current law metropolitan planning provisions under sections 
5303 and 5304 of title 49 and under sections 134 of title 23 
into a unified planning title for both transit and highways 
under chapter 52 of title 49. For ease of reference, section 
5303 of title 49 is amended to reflect that grants made under 
sections 5307-5311, 5316 and 5317 are to be carried out in 
accordance with chapter 52. (See Title VI of the bill, which 
contains the planning provisions.)
    Subsection 5303(b) as amended in this section requires the 
Secretary to certify that metropolitan planning organizations 
in transportation management areas (urbanized areas of more 
than 200,000 in population) comply with all planning and other 
applicable requirements in law in their transportation planning 
activities. In section 5306(a) (which is not amended), transit 
grant recipients are directed to encourage, to the maximum 
extent feasible, private enterprise participation in transit 
plans and programs. However, the Secretary may not withhold 
certification of a transit grantee's plans based on private 
enterprise participation. This is a standing limitation in 
existing law under section 5305(e)(3).

Sec. 3005. Statewide planning

    The Transportation Equity Act: a Legacy for Users 
consolidates the metropolitan and statewide planning provisions 
currently under title 23 and chapter 53, title 49 into a 
unified planning title for both transit and highways under 
chapter 52 of title 49. For ease of reference, section 5304 of 
title 49 is amended to reflect that grants made under sections 
5307-5311, 5316 and 5317 are to be carried out in accordance 
with chapter 52. Under current law (section 5323(l)), statewide 
transit planning was subject to statewide highway planning 
processes outlined in section 135 of title 23. (See Title VI of 
the bill, which contains the planning provisions.)

Sec. 3006. Planning programs

    Metropolitan planning and statewide planning funding 
provisions contained in current law sections 5303(g) and 
5313(b) are moved into a unified section on planning programs 
as the amended section 5305 of title 49. The current law 
section 5305 pertains to metropolitan planning requirements for 
transportation management areas, which is included in the 
unified metropolitan planning sections of chapter 52.
    Subsections 5305(a), (b) and (c) establish the general 
planning grant authority and purposes. Subsection (d) describes 
the metropolitan planning grant apportionment process. 
Subsection (e) describes the state planning and research grant 
apportionment process. Subsection (f) sets the Government's 
share of planning grant activity costs at 80 percent. 
Subsection (g) describes the allocation of planning funds made 
available under funding authorization section 5338(c) between 
metropolitan planning and statewide planning, using the same 
percentages set in current law section 5338(c)(2)(C) (82.72 
percent for metropolitan planning and 17.28 percent for state 
planning and research). In subsection (h), funds remain 
available for three years after the fiscal year in which the 
funds are authorized, the same period of availability as under 
current law.

Sec. 3007. Private enterprise participation

    This section title has been shortened to more clearly 
reflect the provisions within. The text of section 5306 of 
title 49, United States Code is not amended.

Sec. 3008. Urbanized area formula grants

    This section amends section 5307 of title 49, United States 
Code, which contains provisions governing the eligibility and 
procedures for urbanized area formula grants to transit 
providers in areas of 50,000 and more in population. Two 
existing law subsections are deleted. Subsection 5307(h) is 
deleted as a technical cleanup, because streamlined 
administrative procedures for track and signal equipment 
certification have already been promulgated as directed in the 
subsection. Subsection 5307(k) regarding transit enhancement 
activities is also deleted, but the requirement that one 
percent of urbanized area formula grant funds for recipients in 
areas of over 200,000 be invested on enhancement activities is 
retained, and added to the list of grant recipient requirements 
in subsection 5307(d)(1). Treating the one percent enhancement 
requirement as a grant recipient requirement rather than a set-
aside relieves the Federal Transit Administration (FTA) from 
making separate one percent apportionments for transit 
enhancements activities.
    Subsection 5307(b) is amended in paragraph (1) by restating 
the general authority for urbanized area formula grants in a 
list format. There is no change to the existing law authority 
to make grants for: capital projects and associated capital 
maintenance items; planning; transit enhancements; and, in 
areas with a population of less than 200,000, operating 
expenses. In paragraph (2), the existing extension of operating 
flexibility in urbanized areas that were less than 200,000 
under the 1990 Census, but increased to more than 200,000 in 
the 2000 Census, is further extended through the end of fiscal 
year 2005.
    Currently under subsection 5307(d), recipients are required 
to certify that they have the legal, financial, and technical 
capacity to carry out the program of projects for which they 
are applying as an urbanized area formula grant. This is 
amended in subparagraph (d)(1)(A) to additionally require that 
recipients certify such legal, financial, and technical 
capacity for the safety and security aspects of their program 
of projects. Subsection 5307(d) is also amended, as discussed 
above, by adding the requirement that grantees in urbanized 
areas over 200,000 in population certify that one percent of 
each grant amount is spent on enhancement activities.
    Subsection 5307(e) regarding the Government's share of 
costs is amended by deleting the 1985 baseline limitation on 
local match revenues resulting from the sale of advertising or 
concessions. Additionally, recipients are authorized to use 
amounts received under service agreements with a State, local 
social service agency, or private social service organizations 
as local match. This creates an incentive to transit agencies 
to better coordinate transportation services with human service 
agencies that provide transportation services.
    Section 5307(i) is redesignated as section 5307(h) and 
amended to give the Secretary discretion to require annual 
audits rather than mandate them. There remains in place an 
audit requirement pursuant to the Single Audit Act, which 
requires an annual audit of all Federal grantees receiving 
grants exceeding $300,000, which constitutes about 83 percent 
of all section 5307 grants. Auditing smaller grants would be 
discretionary, based on the FTA's annual risk assessment 
process.
    Subsection 5307(l) as redesignated, Relationship to Other 
Laws, strikes subparagraph (1) and moves the provision 
contained therein to the General Provisions on Assistance in 
section 5323, to make the prohibition on making false or 
fraudulent statements to the Government (18 U.S.C. section 
1001) applicable to any Federal public transportation grant 
program. The existing law paragraph (2) regarding the other 
sections of title 49 that apply to the Urbanized Area Formula 
Grants program is retained and redesignated as paragraph (1). A 
new paragraph (2) is added that exempts non-supervisory transit 
employees from the Hatch Act limitations, if the Hatch Act 
applies only because the employees' salaries are funded through 
Federal grants under this section. This exemption will apply 
only to employees in urbanized areas under 200,000 in 
population, where up to 50 percent of the net project cost may 
be derived from Federal grant funds. This codifies existing 
Federal transit law, although the provision does not otherwise 
appear in title 49 because of a codification error in Public 
Law 103-272, which revised and codified without substantive 
change certain general and permanent laws related to 
transportation. The provision is identical to section 142(g) of 
title 23, regarding non-supervisory employees of urban mass 
transportation systems receiving funds under the Federal-aid 
highway program.
    Subsection 3008(h) adds a new subsection 5307(m) regarding 
the treatment of the United States Virgin Islands, which shall 
be treated as an urbanized area for the purposes of 
apportionments under section 5307.

SEC. 3009. Clean fuels formula grant program

    Section 3009 amends section 5308 of title 49, United States 
Code, regarding the clean fuels formula grant bus procurement 
program. Funds are apportioned to recipients in urbanized areas 
that are designated as nonattainment areas for ozone or carbon 
monoxide under section 107(d) of the Clean Air Act or are 
maintenance areas for ozone or carbon monoxide. These grant 
funds can be used to purchase or lease clean fuel buses, 
construct or lease vehicle-related equipment supporting such 
clean fuel buses, and construct new or improve existing 
facilities to accommodate clean fuel buses. Clean fuel buses 
include those powered by clean diesel, compressed natural gas, 
liquefied natural gas, biodiesel fuels, batteries, alcohol-
based fuels, hybrid electric power systems, fuel cells, or 
other low or zero emission technologies. Not more than 35 
percent of the funds made available under the clean fuels 
formula grant program may be used for clean diesel bus 
technology. The apportionment formula is weighted such that 
two-thirds of the funds go to recipients serving urbanized 
areas with a population of 1,000,000 or more and one-third of 
the funds go to recipients serving urbanized areas of less than 
1,000,000. The formula is also weighted by the severity of 
nonattainment in the urbanized area being served.
    The grant requirements of section 5307 apply to the clean 
fuels formula grant program. The Federal share for the clean 
fuels formula grant program may be increased in accordance with 
section 5323(i), which allows a 90 percent Federal share of the 
net incremental project cost of equipment that is attributable 
to compliance with the Clean Air Act.
    Funds made available under the clean fuels formula grants 
program remain available for one year after the fiscal year in 
which the amounts are made available, a total of two years. 
Funds that remain available after this period are added to the 
amount to be made available for the program in the next fiscal 
year.
    The Committee intends that the Secretary shall encourage 
recipients of clean fuels formula grants to adequately invest 
in infrastructure facilities to accommodate the needs of these 
alternatively fueled vehicles.

Sec. 3010. Capital investment grants

    This section amends section 5309 of title 49, United States 
Code, which authorizes capital investment grants for new fixed 
guideway capital projects (``new starts''), fixed guideway 
modernization (``rail modernization''), and bus and bus-related 
facilities. All references in the current law section heading 
and text to ``capital investment loans'' are deleted from 
section 5309 since, historically, only capital investment 
grants have been awarded pursuant to this section. Two existing 
law subsections are deleted. Subsection 5309(b), which deals 
with loans for real property interests, is struck because the 
authority to use Federal transit grants under this section for 
real property loans has not been utilized and is being 
eliminated. Subsection 5309(c) is reserved under current law, 
and is deleted as a technical cleanup. The existing subsection 
5309(d) is moved to subsection (b), and requires that projects 
funded under this section be part of an approved program of 
projects that has gone through the planning process outlined in 
section 5303-5306, have the legal, financial, and technical 
capacity to carry out the project, and have the capability to 
maintain satisfactory continuing control and maintenance of the 
equipment and facilities associated with the project. 
Subsection (b) (as redesignated) is further amended by striking 
the reference to capital loans.
    The remaining subsections (e) through (p) of section 5309 
are deleted and rewritten as the new subsections (c) through 
(n), with some organizational changes and the addition of one 
new program, capital investment grants of less than $75 million 
(``small starts'').
    Subsection 5309(c), concerning major capital investment 
grants of $75 million or more includes the new starts program 
requirements and FTA evaluation and rating criteria found in 
current law subsection 5309(e). The term describing all new 
starts and small starts projects is changed from the current 
law ``capital project for a new fixed guideway system or 
extension of an existing fixed guideway system'' to ``new fixed 
guideway capital project'' for the sake of brevity. The new 
term is defined in subsection (n) as a minimum operable segment 
of a capital project for a new fixed guideway system or 
extension to an existing fixed guideway system, which is the same 
definition for new starts projects as under current law subsection 
5309(p). Subsection 5309(c) pertains only to those new fixed guideway 
capital projects that will require $75 million or more of Federal 
assistance provided under the authority of Section 5309. Such projects 
are defined as ``major'' new starts as opposed to small starts, which 
involve less than $75 million in such funds and are authorized under 
subsection (d).
    Major new starts projects must be carried out through a 
full funding grant agreement with the Secretary. Projects must 
be authorized for final design and construction to enter into a 
full funding grant agreement. (New starts project 
authorizations are contained in section 3037 of the bill.) The 
full funding grant agreement is based upon the evaluations and 
ratings required under subsection 5309(c). The baseline 
requirements for a project to secure a grant under this 
subsection is that the project proposal must be based on the 
results of alternatives analysis and preliminary engineering; 
justified based on a comprehensive review of the project's 
benefits; and supported by an acceptable degree of local 
financial commitment. The project justification and local 
financial commitment evaluation criteria are outlined in detail 
in subparagraphs (c)(3)(A)-(D), consistent with the current law 
criteria found in subsection 5309(e)(2)-(4). In assessing the 
local financial commitment for a new starts project, the FTA is 
authorized to consider the extent to which the project sponsor 
has overmatched the statutory local match requirement of 20 
percent. However, the authority to consider a higher local 
match as part of the assessment of a project's local financial 
commitment does not allow the Secretary to require a higher 
local match than 20 percent.
    Proposed new starts projects under subsection (c) are 
authorized to advance from alternatives analysis to preliminary 
engineering, and from preliminary engineering to final design 
and construction, if the Secretary finds that the project meets 
the requirements of this section. In making these findings, the 
Secretary is directed to evaluate and rate the project as 
``highly recommended'', ``recommended'', or ``not recommended'' 
based on the results of alternatives analysis, the project 
justification criteria, and local financial commitment.
    Subsection 5309(d) regarding capital investment grants of 
less than $75 million authorizes a new program under Capital 
Investment Grants. These ``small starts'' fall into two 
subcategories--those involving between $25 million and $75 
million in funds under section 5309, and those that are less 
than $25 million. New fixed guideway capital projects with a 
section 5309 Federal share of less than $25 million are not 
subject to the requirements of this subsection regarding 
project evaluation and rating and do not enter into a long-term 
financial contract with the Secretary (called a ``project 
construction grant agreement'' in the small starts program). 
Under the small starts program, lower-cost fixed guideway 
projects such as streetcars, bus rapid transit, and commuter 
rail projects will be advanced through an expedited and 
streamlined evaluation and rating process. As the Federal 
Transit Administration develops administrative and regulatory 
guidance for the implementation of the small starts program, 
the process and procedures adopted should be representative of 
the relative size and scope of the projects.
    Project justifications for the small starts program are 
based on five criteria: consistency with local land use 
policies and likelihood to achieve local developmental goals; 
cost effectiveness of the project at the time revenue service 
is initiated; degree of positive impact on local economic 
development; reliability of cost and ridership forecasts; and 
other factors the Secretary considers appropriate to carry out 
this subsection. The Secretary is also required to analyze and 
consider the results of planning and the alternatives analysis 
for the project. The small starts evaluation process should 
consider the economic benefits of the project, including the 
level of private sector investment associated with the 
advancement of the project. The small starts local financial 
commitment evaluation is a streamlined version of the new 
starts financial evaluation process. The Secretary is directed 
to require that each proposed local source of capital and 
operating financing is stable, reliable, and available within 
the proposed project timetable, and that there be an acceptable 
degree of local financial commitment. This provision gives the 
Secretary the authority to consider a higher local match as 
part of the assessment of a project's local financial 
commitment, but does not allow the Secretary to require a 
higher local match than 20 percent.
    The project development process is also simplified. The new 
starts project development process involves four discrete 
steps: (1) planning and alternatives analysis, (2) preliminary 
engineering, (3) final design, and (4) entering into a full 
funding grant agreement and construction. The small starts 
program involves three steps: (1) planning and alternatives 
analysis, (2) project development, and (3) entering into a 
project construction grant agreement and construction. Small 
starts projects may advance from planning and alternatives 
analysis to project development and construction only after the 
Secretary finds that the project meets the requirements of this 
subsection and the local metropolitan planning organization 
adopts the locally preferred alternative into its long-range 
transportation plan. Small starts projects are evaluated based 
on project justification criteria and local financial 
commitment and are rated as ``recommended'' or ``not 
recommended'' based on the results of the FTA's analysis. Only 
small starts projects that are authorized for construction and 
rated ``recommended'' may enter into a project construction 
grant agreement.
    Another important difference between the new starts program 
and the small starts program is that, under the small starts 
program, fixed guideway capital projects have a broader 
definition that includes corridor-based public transportation 
bus projects if the majority of the project's right-of-way is 
dedicated alignment. However, the program is written to be 
``mode neutral''--any fixed guideway capital project fitting 
the broader definition under small starts is eligible to be 
funded under this category if it is less than $75 million in 
section 5309 Federal funds, whether it is a bus rapid transit 
project, a streetcar or trolley project, commuter rail, or 
light rail. However, all small starts projects must be included 
under the new starts authorization list in section 3037 of this 
bill to receive funds in subsequent appropriations bills within 
this authorization period.
    In subsection 5309(e), projects for which the FTA has 
previously issued letters of intent and full funding grant 
agreements before the date of enactment are exempted from any 
new program requirements under subsections (c) or (d). All new 
starts projects for which FTA has received an application for 
final design that fall under the $75 million threshold shall 
continue to be treated as major new fixed guideway capital 
projects, to avoid a duplicative review and evaluation process. 
The FTA is directed to promulgate regulations establishing the 
evaluation and rating process for the small starts program 
within 120 days after the enactment of this Act.
    Subsection 5309(f) describes three federal financing 
mechanisms that can be used to support new fixed guideway 
capital projects funded under this section: letters of intent, 
full funding grant agreements, and early systems work 
agreements. These provisions are identical to those found in 
subsection 5309(g) under existing law. Subsection 5309(f)(4) 
addresses the issue of contingent commitment authority for 
major new starts and for small starts. Contingent commitment 
authority enables the Secretary to commit Federal funds in a 
full funding grant agreement or project construction grant 
agreement that extends beyond the end of the authorization 
period. The total amount the Secretary can commit is limited. 
For full funding grant agreements with major new starts 
projects, the total amount covered by all outstanding full 
funding grant agreements may not be more than the greater of 
the amount authorized for new starts for the 6-year life of the 
authorization, plus an amount equivalent to the last 3 fiscal 
years of the funding allocated for new starts under the 
authorization. For project construction grant agreements, the 
limitation extends only one fiscal year beyond the total 6-year 
life of the authorization. In subsection 5309(f)(5), the 
Secretary is directed to notify, in writing, the House 
Committee on Transportation and Infrastructure and the Senate 
Committee on Banking, Housing, and Urban Affairs before issuing 
a full funding grant agreement or project construction grant 
agreement, which allows the authorizing committees to review 
each long-term federal financing commitment before it is 
executed by the Secretary.
    Subsection 5309(g) outlines the Government's share of the 
net project cost for all projects authorized under section 
5309. The Administration had proposed to decrease the 
Government's share for new start projects to 50 percent. The 
Committee has rejected this proposal, and retains the provision 
under subsection 5309(h) in current law that the Federal share 
for a project shall be 80 percent, unless the grant recipient 
requests a lower grant percentage. New language is included 
clarifying that nothing in section 5309, including the language 
that specifically directs the FTA to consider in its evaluation 
of a project the extent to which a project has a higher local 
match than required by law, shall be construed as authorizing 
the Secretary to require a local match higher than 20 percent 
of the net capital project cost.
    Subsection 5309(i) directs the Secretary to submit an 
annual new starts report to the House and Senate authorizing 
committees on the first Monday in February, which includes the 
Administration's funding proposals for new starts projects in 
the coming fiscal year, and evaluations and ratings for all new 
starts projects authorized in section 3037 of this Act. The 
current law requirement under subsection 5309(o)(2) regarding 
an August supplemental report is deleted. The Committee directs 
that the FTA shall forward letter updates to the House and 
Senate authorizing committees when a project advances to 
preliminary engineering or to final design after the 
publication of the annual new startsreport. In subsection 
5309(i)(2), the U.S. General Accounting Office is directed to conduct 
an annual review of FTA's processes and procedures for evaluating, 
rating, and recommending new starts projects and how the agency 
implements such processes and procedures. This review shall be 
submitted to the Congress by May 31 of each year.
    Subsection 5309(k), regarding bus and bus facility grants, 
amends the existing law language under subsection 5309(m)(3). 
The current language regarding consideration of the age of 
buses, bus fleets, related equipment, and bus-related 
facilities when making grants is retained. Current law 
provisions that set aside funds for the bus testing facility in 
Altoona, Pennsylvania and for the section 5308 Clean Fuels 
formula program are deleted, as both these programs are now 
funded as set-asides from formula grants.
    Subsection 5309(l) is a new provision making bus and bus 
facilities and new starts grant funds available for three 
fiscal years (including the year in which the amount is made 
available or appropriated). Funds that remain unobligated after 
three years shall be deobligated and may be used by the 
Secretary for any purpose under this section.
    Subsection 5309(m) directs the allocation of amounts made 
available for programs authorized under section 5309. The 
existing formula of 40 percent for new starts, 40 percent for 
rail modernization, and 20 percent for bus and bus facilities 
is retained, after the funding levels authorized for small 
starts are set aside from the total amount made available for 
section 5309 programs. Subsection 5309(m)(1) makes allocations 
for fiscal year 2004, using the current law practice of split 
funding each Federal transit program with 80 percent funding 
from the Mass Transit Account of the Highway Trust Fund and 20 
percent funding from the general fund of the U.S. Treasury. For 
fiscal years 2005-2009, the financing of Federal transit 
programs is changed to eliminate the practice of split funding 
accounts, though the overall 80:20 ratio of trust funds to 
general funds for all Federal transit programs is retained. 
Therefore, subsection 5309(m)(2) makes allocations for fiscal 
years 2005-2009 from two different subsections of section 5338, 
which contains all Federal transit program apportionments. 
Subsection 5338(g) makes funds available for the rail 
modernization and bus and bus facilities programs from the Mass 
Transit Account. Subsection 5338(h) makes funds available for 
the new starts and the small starts programs from the general 
fund. The current law set-aside of $10.4 million a year for 
ferry boats and ferry terminal facilities in Alaska or Hawaii 
is retained. A provision is added establishing a new set-aside 
for the national fuel cell bus technology development program, 
authorized in section 3039 of the bill.

Sec. 3011. Fomula grants for special needs of elderly individuals and 
        individuals with disabilities

    This section amends section 5310 of title 49, United States 
Code, which authorizes formula grants to States for public 
transportation projects and services that meet the special 
needs of elderly and disabled individuals. The definition of 
grant recipient is amended in paragraph 5310(a)(2) by adding a 
definition for subrecipients, which is consistent with current 
practice. Section 5310 elderly and disabled formula grants are 
apportioned to the States and territories, whereupon a State 
may then allocate grant funds to: private nonprofit 
organizations if no public transportation service for these 
special needs is available, or if the available service is 
insufficient or inappropriate; or to governmental authorities 
that are approved by the State to coordinate services or that 
certify there are not any nonprofits organizations readily 
available to provide the transportation services. In paragraph 
5310(a)(3) and consistent with existing law under section 
5310(d), acquiring public transportation services is treated as 
a capital expense under this section. In paragraph 5310(a)(4), 
a 10 percent limitation is included on the amount of a State's 
grant funds that may be used for recipient or for subrecipient 
administrative expenses and technical assistance. This codifies 
current FTA administrative practice.
    Subsection 5310(b) describes the apportionment and transfer 
processes, which follows current law, except that an adjustment 
is made to the apportionment formula for particularly low 
density States. Before the standard formula is run, which 
apportions funds based on the total number of elderly persons 
and persons with disabilities in a State to the total U.S. 
population of elderly and disabled, States with a population 
density of 10 persons or fewer per square mile have their 
elderly and disabled population number adjusted upward by a 
factor of 2; States with a population density of between 10 and 
30 persons per square mile have their elderly and disabled 
population numbers adjusted upward by a factor of 1.25. In low 
density States, providing essential public transportation is 
particularly challenging, especially to special needs 
populations, because of the distances involved. When providing 
services over these long distances, operating costs are higher 
and farebox recovery is lower. This formula adjustment may 
enable low density States to continue providing essential 
public transportation services to a sector of the population 
that is particularly dependent on transit--the elderly and 
disabled. The provision regarding transfers of unobligated 
grant funds is identical to current law, and allows funds that 
may lapse under the one year availability to be transferred to 
other elderly and disabled transportation services in the State 
that are funded under sections 5307 or 5311.
    Subsection (c) amends current law regarding the 
Government's share of costs. The current Federal match of 80 
percent for capital projects is retained, except in cases where 
a State has a very high percentage of Federally-owned public 
lands. In such cases, the ``sliding scale'' Federal match under 
section 120(b) of title 23, United States Code, is used. 
Operating expenses are also made eligible for section 5310 
elderly and disabled grant funding, limited to 50 percent of 
net operating costs. Two new sources of local match funding are 
authorized: proceeds from a service agreement with a State, 
local social service agency, or private social service 
organization; and other Federal funds from non-Department of 
Transportation agencies that can be expended for transportation 
(e.g., Temporary Assistance for Needy Families, Medicaid, job 
training program funds, or Welfare to Work grants). Using these 
related human service grants funds as a local match for transit 
projects leverages the Federal investment and increases 
coordination among Federal agencies that provide transportation 
services.
    Subsection (d) regarding grant requirements changes the 
general applicability of requirements for the elderly and 
disabled grant program from current law, which ties the program 
to section 5309, to the requirements under section 5307, to the 
extent the Secretary considers appropriate. A new requirement 
is added that, beginning in fiscal year 2007, the State must 
certify that projects funded under this section are derived 
from coordinated public transit-human services transportation 
plans with public input. The current law requirement that the 
State certify allocations of funds were made on a fair and 
equitable basis is retained.
    Subsection (e) repeats the current law provision in 
subsection 5310(c) regarding use of program funds for projects 
included in a State program of projects that has been submitted 
annually to the Secretary for approval, and that provides for 
the maximum feasible coordination of transportation services.
    Subsection (f) allows vehicles acquired under this section 
to be leased to local governments to improve elderly and 
disabled transportation services (as under current law 
subsection 5310(g)). The remaining subsections 5310(h), (i) and 
(j) are redesignated as (g), (h) and (i) to follow.

Sec. 3012. Formula grants for other than urbanized areas

    This section amends section 5311 of title 49, United States 
Code, regarding the apportionment of formula grant funds for 
non-urbanized areas. Subsection (a) amends the definition 
provisions under section 5311(a) to define an eligible 
recipient and sub-recipient of other than urbanized area funds.
    Subsection (b) amends the general authority provisions that 
allow other than urbanized areas to use formula grant funds for 
capital transportation projects, or operating assistance 
projects (including the acquisition of transportation services) 
provided the projects are contained in a state program of 
public transportation service projects. Under subsection 
5311(b)(3), the rural transportation assistance program (RTAP), 
a national technical assistance, training and support program 
for rural public transportation providers, is funded with a 2 
percent set-aside of the section 5311 grant funds. From the 
amounts made available for the RTAP activities, up to 15 
percent may be used by the Secretary to carry out projects of a 
national scope to sustain ongoing national activities. Under 
current law, the RTAP is funded out of the Research program.
    Subsection 5311(c) describes the apportionment process, 
which follows current law, except that an adjustment is made to 
the apportionment formula for particularly low density States. 
Before the standard formula is run, which apportions funds 
based on the total population in nonurbanized areas in a State 
to the total U.S. population in nonurbanized areas, States with 
a population density of 10 persons or fewer per nonurbanized 
square mile have their population number adjusted upward by a 
factor of 1.5; States with a population density of between 10 
and 12 persons per non-urbanized square mile have their 
population numbers adjusted upward by a factor of 1.25. In low 
density States, providing essential public transportation is 
particularly challengingbecause of the distances involved. When 
providing services over these long distances, operating costs are 
higher and farebox recovery is lower. This formula adjustment may 
enable low density States to provide essential public transportation 
services by establishing a level of funding that will support a 
baseline program. Funds remain available for two years after the fiscal 
year in which the amount is apportioned, consistent with current law.
    In subsection (e), an amendment is made to 5311(f) that 
requires States to consult with affected intercity bus service 
providers before certifying to the Secretary that intercity bus 
service needs of the State are being adequately met without 
making the 15 percent allocation of funds to such services. 
Such consultation would help ensure the State's awareness of 
any intercity bus service needs.
    Subsection (f) amends section 5311(g) to retain the 
existing Federal share for any capital project at 80 percent or 
less of the net project cost, as determined by the Secretary; 
except in cases where a State has a very high percentage of 
Federally owned lands. In such cases, the ``sliding scale'' 
Federal match under section 120(b) of title 23, United States 
Code, is used. Also retained is the Federal share for operating 
assistance at 50 percent or less of the net costs of an 
operating project, as determined by the Secretary. The 
remainder of the net project costs may be provided from a 
number of different sources, including amounts appropriated to 
or made available to a department or agency of the Federal 
government, other than the Department of Transportation (e.g., 
Temporary Assistance for Needy Families, Medicaid, job training 
program funds, or Welfare to Work grants). Using these related 
human service grants funds as a local match for transit 
projects leverages the Federal investment and increases 
coordination among Federal agencies that provide transportation 
services.
    Subsection (g) strikes section 5311(h) relating to 
operating assistance because operating assistance eligibility 
is included under the General Authority provisions at 
subsection (b).
    Subsection (h) corrects the title to Chapter Analysis.

Sec. 3013. Research, Development, Demonstration, And Deployment 
        Projects

    Currently, section 5312 of title 49, United States Code 
does not address deployment of emerging technologies, and 
inappropriately includes training provisions. As amended, 
section 5312 would authorize research, development, 
demonstration, and deployment projects, and would move the 
training provisions in subsections (b) and (c) to section 5322 
(Human Resource Program). Under this subsection, the terms 
``other transactions'' is included and is used to replace the 
terms ``other agreements'' to provide the Federal government 
with discretion to enter into project agreements under terms 
that would encourage private parties to participate in 
Federally assisted projects. Subsection 5312(a) is further 
amended to eliminate outdated references to the Secretary of 
Housing and Urban Development. All references to ``urban'' 
transportation are eliminated to clarify that all 
transportation is public transportation in both urban and rural 
areas. Mass transportation and public transportation have the 
same meaning under the transit programs. This subsection also 
contains a series of clarifying and conforming amendments.

Sec. 3014. Cooperative Research Program

    Amendments made to section 5313 of title 49, United States 
Code provide the correct authorization citation for the 
research programs and moves subsection (b) to the state 
planning section under Chapter 52 of title 49.

Sec. 3015. National Research and Technology Programs

    Section 5314 of title 49, United States Code is amended to 
delete the word ``Planning'' in the heading because the focus 
of the section is on research and to include ``Technology'' in 
the heading to reflect the activities carried out under this 
subsection. Other amendments under this subsection correct the 
funding authorization citations and eliminate references to the 
planning sections of the title. The Secretary is required to 
continue to make funds available to help public transportation 
providers comply with the Americans With Disabilities Act of 
1990. Under this section, the term ``other transactions'' is 
included to provide the Federal government with discretion to 
enter into project agreements under terms that encourage 
private parties to participate in federally assisted projects. 
The Industry Technical Panel composed of transportation 
suppliers and others involved in technology development is 
eliminated because the panel is no longer needed. The Federal 
Transit Administration has established an ongoing working 
relationship with all facets of the transit industry.

Sec. 3016. National Transit Institute

    Section 5315 of title 49, United States Code is amended by 
striking references to mass transportation because public 
transportation is defined to mean mass transportation under the 
transit program.

Sec. 3017. Job Access and Reverse Commute Formula Grants

    This section codifies the Job Access And Reverse Commute 
(JARC) program authorized under section 3037 of the 
Transportation Equity Act for the 21st Century. The program was 
established to assist welfare recipients and low-income 
individuals in getting to and from jobs. Under the proposed 
codified provisions of section 5316, subsection (a) applies 
definitions for eligible projects, low-income individuals, 
recipients, reverse commute projects, subrecipients, and 
welfare recipients.
    As proposed in subsection (b), the Secretary would make 
grants for access to jobs and reverse commute projects to be 
carried out by the recipient or a subrecipient. A recipient 
would be permitted to use up to 10 percent of the amount it 
receives under this section to administer, plan, and provide 
technical assistance.
    Subsection (c) proposes a formula for JARC funds that 
apportions 60 percent of the funds to designated recipients in 
urbanized areas with a population of 200,000 or more in a ratio 
reflecting the number of eligible low-income and welfare 
recipients in each urbanized area with a population of 200,000 
or more; 20 percent of the funds are apportioned among the 
states in a ratio reflecting the number of eligible low-income 
and welfare recipients in urbanized areas with populations of 
less than 200,000 in each state; and 20 percent of the funds 
are apportioned among states in a ratio reflecting the number 
of low-income individuals and welfare recipients in other than 
urbanized areas in each state.
    The funds must be used for eligible projects in the 
designated areas, except funds made available in urbanized 
areas with populations less than 200,000 and nonurbanized areas 
may be transferred for projects anywhere in the state if the 
state has established a statewide program for meeting the 
objectives of this section and the Governor of the state 
certifies that all of the objectives of this section are being 
met in the specific area. The recipient of JARC funds in an 
urbanized area with a population of 200,000 or more must 
conduct a competitive process for an areawide solicitation for 
applications for grants to the recipients and subrecipients. 
Statewide solicitations must be conducted in urbanized areas of 
less than 200,000 and in nonurbanized areas for applications 
for grants to the recipients and subrecipients. All grants 
shall be awarded on a competitive basis.
    After consulting with responsible local public 
transportation officials and publicly owned operators of 
transportation in each area JARC funds were originally awarded, 
a state may transfer funds apportioned for urbanized areas with 
a population of less than 200,000 and for nonurbanized areas to 
section 5311 (c) or 5336, or both. Any funds transferred must 
be made available only for eligible JARC projects.
    A JARC grant is subject to section 5307 formula grant 
requirements and a recipient of a grant must certify to the 
Secretary that allocations of the grant to subrecipients are 
distributed on a fair and equitable basis. The Federal share 
for capital projects may not exceed 80 percent of the net 
capital cost and for operating assistance the Federal share may 
not exceed 50 percent of the net operating costs. The non-
Federal share may be provided from a variety of sources, 
including other Federal funds (other than from the Department 
of Transportation). Funds made available through the Social 
Security Act may also be used for the remainder of the cost of 
the project.
    The Comptroller General is required to conduct a study to 
evaluate the JARC grant program and transmit the results to the 
Congress. The study must begin within one year after the 
enactment of the Federal Transportation Act of 2005, and every 
two years thereafter. Not later than three years after the date 
of enactment of this section, the Secretary must conduct a 
study to evaluate the effectiveness of recipients making grants 
to subrecipients and transmit the report to Congress.

Sec. 3018. New Freedom Program

    This section authorizes a new program to address the 
transportation needs of persons with disabilities at all income 
levels. The New Freedom Program is codified as section 5317 of 
title 49, United States Code, a section that is repealed under 
current law. Under the New Freedom Program, the Secretary would 
make grants to a recipient for new transportation services and 
public transportation alternatives beyond the Americans With 
Disabilities Act of 1990 (ADA) to assist individuals with 
disabilities with transportation needs.
    With the passage of the ADA, it has become a civil rights 
violation to deny access to persons with disabilities to public 
transportation. The New Freedom formula grant program was 
proposed by the administration and has been included in this 
legislation to provide additional tools to overcome existing 
barriers facing Americans with disabilities seeking integration 
into the work force and full participation in society. Lack of 
adequate transportation is a primary barrier to work for people 
with disabilities. The 2000 Census showed that only 60 percent 
of people between the ages of 16 and 64 with disabilities are 
employed. The New Freedom formula grant program will expand the 
transportation mobility options available to persons with 
disabilities beyond the requirements of the ADA. Examples of 
projects and activities that might be funded under the program 
include, but are not limited to:
     Purchasing vehicles and supporting accessible 
taxi, ride-sharing, and vanpooling programs.
     Providing paratransit services beyond minimum 
requirements (\3/4\ mile to either side of a fixed route), 
including for routes that run seasonally.
     Making accessibility improvements to transit and 
intermodal stations not designated as key stations.
     Supporting voucher programs for transportation 
services offered by human service providers.
     Supporting volunteer driver and aide programs.
     Supporting mobility management and coordination 
programs among public transportation providers and other human 
service agencies providing transportation.
    A state may use up to 10 percent of the amount it receives 
under this section to administer, plan, and provide technical 
assistance. Funds would be apportioned based on a formula that 
apportions 60 percent of the funds to designated recipients in 
urbanized areas with a population of 200,000 or more in a ratio 
reflecting the number of individuals with disabilities in each 
such urbanized area; 20 percent of the funds are apportioned 
among the states in a ratio reflecting the number of 
individuals with disabilities in urbanized areas with a 
population of less than 200,000; and 20 percent of the funds 
are apportioned among the states in a ratio reflecting the 
number of individuals with disabilities in nonurbanized areas 
in each state.
    The funds made available must be used for projects serving 
the areas for which the funds are apportioned for eligible 
projects. The formula provides an adjustment for low density 
areas to increase the amounts made available to assist in 
meeting the areas transportation needs. For small urbanized 
areas with a population of less than 200,000 and a population 
density of 10 persons per square mile or fewer, their 
population is multiplied by a factor of 2. For small urbanized 
areas with a population of 200,000 or less and a population 
density of 10 but equal to or fewer than 30 persons per square 
mile, the Secretary shall multiply their population by a factor 
of 1.25. The low density adjustment for other than urbanized 
areas with a density of 10 persons per square mile or fewer, 
the Secretary shall multiply their population by a factor of 
1.5. For nonurbanized areas with a population density of more 
than 10 but equal to or fewer than 12 persons per square mile, 
the Secretary shall multiply their population by a factor of 
1.25.
    A state may transfer the amounts apportioned for small 
urbanized areas and for nonurbanized areas to other small 
urbanized formula grant programs and to other nonurbanized 
formula grant programs, provided the state has consulted with 
responsible local officials and publicly owned operators of 
public transportation in each area for which the amounts 
originally were awarded under this section. Any funds 
transferred must be available for eligible New Freedom 
projects.
    The recipient of New Freedom funds in an urbanized area 
with a population of 200,000 or more must conduct a competitive 
process for an areawide solicitation for applications for 
grants to the recipients and subrecipients. Statewide 
solicitations must be conducted in urbanized areas with a 
population of less than 200,000 and in nonurbanized areas for 
applications for grants to the recipients.
    A New Freedom grant is subject to the section 5307 formula 
grant requirements, except for grants for urbanized areas with 
a population of less than 200,000 and for nonurbanized areas, 
where a special warranty agreement utilized by the Secretary of 
Labor may be used to provide a fair and equitable arrangement 
to protect the interest of employees. The recipient of a grant 
under this section is required to certify that allocations are 
distributed to subrecipients on a fair and equitable basis.
    The Secretary requires a recipient of a grant to coordinate 
the New Freedom program activities with other related program 
activities of other Federal agencies. Also a recipient that 
transfers funds to the urbanized area formula grant program 
must certify that the project for which funds are requested had 
been coordinated with nonprofit providers of services. 
Beginning in fiscal year 2007, a recipient will also be 
required to certify that projects selected were derived from a 
locally developed, coordinated public transit-human services 
transportation plan and that the plan was developed through a 
process that involved individuals of the public, private, and 
nonprofit transportation and human services providers.
    The Federal share for the net project capital cost of a 
project may be up to 80 percent, and not more than 50 percent 
of the net operating cost of a project. The remainder of the 
funds could be derived from a variety of other sources, 
including undistributed cash surpluses; a replacement or 
depreciation cash fund or reserve; a service agreement with a 
state or local social service agency or social service 
organization; new capital; and other eligible Federal funds 
expended for transportation (other than funds from the 
Department of Transportation). Federal and state funds made 
available under the Social Security Act may be used for the 
non-Federal share. A state is prohibited from limiting the 
level or extent of the Government's share of operating expenses 
below the 50 percent in statute.

Sec. 3019. Bus testing facility

    This section amends section 5318 of title 49, United States 
Code, to delete the requirement for the Secretary to establish 
one bus testing facility because the facility has already been 
established in Altoona, Pennsylvania. The Secretary is required 
to maintain the facility. The provisions under section 5318 
that establishes a revolving loan fund for expenses related to 
operating and maintaining the facility are deleted because the 
bus testing facility relies on state resources to pay for those 
costs, and has never requested a loan. The provision concerning 
the acquisition of new bus models is moved to this section from 
section 5323(c) for clarity.

Sec. 3020. Bicycle facilities

    This section includes a technical amendment and an 
amendment to extend the bicycle-related provisions to the new 
transit in the parks pilot program.

Sec. 3021. Transit in the parks pilot program

    This section establishes a new program to provide for 
public transportation in units of the National Park System, to 
be administered by the Secretary of Transportation in 
consultation with the Secretary of the Interior. The definition 
of public transportation for the pilot program means general or 
special transportation to the public by a conveyance that is 
publicly or privately owned. The definition does not include 
school bus or charter transportation, but does include 
sightseeing transportation. Within 90 days after the enactment 
of this section, the Secretary of Transportation and the 
Secretary of the Interior must enter into a memorandum of 
understanding (MOU) to establish a transit in the parks pilot 
program to encourage and to promote the development of 
transportation systems to improve visitor mobility and 
enjoyment, reduce pollution and congestion, and enhance 
resource protection through the use of public transportation.
    The Secretary of Transportation will administer the pilot 
program in consultation with the Secretary of the Interior. The 
MOU entered into between the Secretaries must be consistent 
with the planning processes required under Chapter 52 of title 
49 and include descriptions of programs and activities eligible 
for assistance under the pilotprogram. The Secretary of the 
Interior may carry out eligible transportation projects as permitted 
under the interagency agreements. The Government's share for any 
capital project or activity carried out under the pilot program is 100 
percent of the net project costs. Operating assistance grants may not 
exceed 50 percent of the net operating costs of the project.

Sec. 3022. Human resource programs

    Sections 5312(b) and (c) regarding grants to higher 
learning institutions and fellowships would be moved to 
sections 5322 (b) and (c) to better fit the organization of the 
revised section 5312 of title 49, United States Code.

Sec. 3023. General provisions on assistance

    Amendments are made to section 5323 of title 49, United 
States Code in this section. The term ``private mass 
transportation company'' is changed to ``private company 
engaged in public transportation'' in subsection (a), to 
reflect the change in terminology from mass transportation or 
mass transit to public transportation.
    Subsection 3023(c) regarding conditions on charter bus 
transportation service amends section 5323(d) by striking the 
existing law subsection (d)(2) regarding violations of 
agreements and inserting new language which directs the 
Secretary to investigate all complaints about violations of the 
charter service agreement and decide whether a violation has 
occurred; if a violation has occurred, to correct the 
violation; and, if a pattern of violations is found, to bar the 
recipient from receiving funds in an amount the Secretary 
considers appropriate. Under existing law, the Secretary did 
not have the flexibility to adjust the amount withheld--the 
recipient would be barred from receiving further Federal 
assistance. This overly-broad authority was never used, whereas 
a more flexible authority to penalize charter violators will 
encourage a more realistic and responsive approach to charter 
enforcement by the FTA. The Committee is aware that both public 
transportation providers and private charter bus providers have 
expressed strong concerns about the 1987 FTA rule enforcing 
section 5323(d) regarding charter bus service. The Committee 
directs the FTA to initiate a rulemaking seeking public comment 
on the regulations implementing section 5323(d), and to 
consider the issues listed below. Consideration of any changes 
to the current regulation shall not disturb the current law 
provisions under section 5323(f) regarding school bus 
transportation.
    1. Are there potential limited conditions under which 
public transit agencies can provide community-based charter 
services directly to local governments and private non-profit 
agencies that would not otherwise be served in a cost-effective 
manner by private operators?
    2. How can the administration and enforcement of charter 
bus provisions be better communicated to the public, including 
use of internet technology?
    3. How can the enforcement of violations of the charter bus 
regulations be improved?
    4. How can the charter complaint and administrative appeals 
process be improved?
    The existing law section 5323(e) regarding bus seat belt 
functional specifications is deleted because such 
specifications have been issued by the Secretary. A new 
subsection (e) takes its place that makes revenue bond proceeds 
eligible for use as local match for federal transit grants and 
that authorizes recipients to establish debt service reserves 
using up to 10 percent of their federal grant funds. The 
authority to use bond proceeds as local match was established 
in section 3011 of the Transportation Equity Act for the 21st 
Century (TEA 21), and FTA has reported that this authority has 
been beneficial to transit operators. This subsection also 
permits the Secretary to reimburse recipients for deposits in a 
debt service reserve established for the purpose of financing 
transit capital projects, pursuant to section 5302(a)(1)(K). 
Such reimbursements are capped at 10 percent of the recipient's 
annual apportionment from section 5307 urbanized area formula 
grants.
    Subsection 5323(f) regarding school bus transportation is 
amended to allow the Federal Transit Administration to assess 
fines and withhold grant funds if public transportation 
agencies violate the narrowly defined conditions under which 
public transportation providers can provide school bus 
transportation.
    Section 5323(j) regarding Buy America is amended by adding 
a new requirement that FTA provide a detailed written 
justification when the agency issues a public interest waiver. 
Additionally, a new provision is added stating that parties 
adversely affected by FTA action on Buy America decisions may 
seek judicial review under the Administrative Procedures Act. 
The general regulatory waivers for Chrysler 15-passenger vans 
and wagons from the requirement that public transportation 
vehicles be assembled in the United States are repealed. 
Section 3023(g)(5) adds a freestanding legislative provision 
requiring the Secretary to issue a final rule within 180 days 
of enactment on FTA's implementation of the Buy America 
requirements. Specifically, the agency is directed to clarify 
that any waiver issued for microcomputer equipment under the 
general waiver in subsection (d) of Appendix A of section 661.7 
of title 49, Code of Federal Regulations, be applied solely to 
devices that are used to process or store data, and not extend 
to products containing a microprocessor, computer, or 
microcomputer. In directing the Secretary to issue new 
regulations regarding microprocessors, computers, or 
microcomputers, there is no intent to change the existing 
regulatory treatment of software or of microcomputer equipment.
    In the final rule, the FTA is also directed to define the 
term ``end product'' for purposes of part 661 of title 49, CFR, 
and that such definition include a list of representative items 
that are subject to the Buy America requirements, similar to 
the list of such items under the rolling stock procurements 
regulations (section 661.11 of title 49, CFR). The purpose of 
developing such a list and more clearly defining the term end 
product is to ensure that each discrete end product, whether 
purchased as part of a larger system or on its own, meets the 
Buy America requirements of section 5323(j) of title 49, United 
States Code as implemented by FTA regulation. FTA should be 
mindful of the original purpose of the Buy America law--to 
promote U.S. job creation and keep current U.S. jobs in 
America.

Sec. 3024. Special provisions for capital projects

    This section makes very minor amendments to section 5324 of 
title 49, United States Code and changes the title of the 
section from ``Limitations on discretionary and special needs 
grants and loans'' to ``Special provisions for capital 
projects,'' which is more descriptive of the provisions 
contained therein regarding relocation program requirements and 
consideration of economic, social, and environmental interests.

Sec. 3025. Contract requirements

    This section consolidates sections 5325 ``Contract 
Requirements'' and 5326 ``Special Procurements'' of title 49, 
United States Code, since the provisions of section 5326 fall 
within the scope of conditions set on contracts that utilize 
federal funds provided under chapter 53 of title 49, United 
States Code. Under the revised subsection 5325(a) and (b), 
recipients of such funds are expressly required to conduct 
procurements using full and open competition and to use 
standard architectural, engineering, and design contract award 
procedures. A new subsection 5325(d) is added that is identical 
to existing law section 5326(a), except that the term 
``turnkey'' is replaced with the more commonly used term 
``design-build'', and references to design-build 
``demonstration projects'' are deleted, since design-build 
contracting has matured beyond the demonstration phase. In 
addition, design-build contracting does not necessarily result 
in lower project costs or new technologies and, as a result, 
this concept as expressed under section 5326(a)(2) in current 
law is removed.

Sec. 3026. Project management oversight and review

    This section amends section 5327 of title 49, United States 
Code regarding project management oversight activities. The 
Secretary is authorized to use .5 percent of section 5311 
funds, .75 percent of section 5307 funds, and 1 percent of 
section 5309 funds to make contracts for oversight of major 
transit construction projects, and to review and audit 
recipients' compliance with federal requirements and provide 
technical assistance to correct deficiencies identified in such 
reviews and audits. This is an increase in the amount set aside 
for such activities above levels set under current law, which 
provides for .5 percent of section 5307 and section 5311 funds 
and up to .75 percent for section 5309 funds. Comprehensive 
agency oversight, compliance review, and technical assistance 
are necessary for all major grant programs, and particularly 
important for major capital grants such as new starts and rail 
modernization.

Sec. 3027. Investigations of safety and hazards

    This section amends section 5329 of title 49, United States 
Code regarding the Secretary's authority to investigate safety 
and security risks associated with public transportation 
equipment, facilities, or operations financed under chapter 53 
of title 49, United States Code. The Secretary may withhold any 
amount of a recipient's Federal assistance until a plan to 
eliminate, mitigate, or correct the hazard has been approved 
and carried out.

Sec. 3028. State safety oversight

    This section amends section 5330 of title 49, United States 
Code by changing the heading from ``Withholding amounts for 
noncompliance with safety requirements'' to reflect the more 
commonly used title of ``State safety oversight.'' Under this 
section, a State is required to establish and carry out a 
safety program plan for rail-based new starts projects. 
Commuter rail systems that operate on the general railway 
system are subject to the safety rules and oversight of the 
Federal Railroad Administration. Amendments to subsection 
5330(a) ensure that safety is considered well before a rail-
based new start project begins revenue service. In subsection 
5330(d), rail-based new start projects that operate in two or 
more States are required to have a unified safety program plan.

Sec. 3029. Controlled substances and alcohol misuse testing

    This section amends section 5331 of title 49, United States 
Code regarding drug and alcohol testing of public 
transportation employees, allowing the Secretary to apply a 
single agency's drug and alcohol testing regime if a particular 
transportation provider is subject to more than one agency's 
rules. Currently, section 5331 authorizes the Secretary to 
exclude from FTA drug and alcohol testing those public 
transportation providers that are adequately covered by the 
Federal Motor Carrier Safety Administration or the Federal 
Railroad Administration testing statutes. The amendment to 
subsection 5331(a) expands the Secretary's authority to exclude 
from FTA testing those public transportation providers that are 
adequately covered under other Federal or Departmental testing, 
such as the U.S. Coast Guard's testing provisions applicable to 
ferryboat employees.

Sec. 3030. Employee protective arrangements

    This section amends Section 5333 of title 49, United States 
Code making conforming changes to ensure that all federal 
public transportation grant programs are subject to fair labor 
standards and employee protective arrangements.

Sec. 3031. Administrative procedures

    This section amends section 5334 of title 49, United States 
Code regarding the Secretary of Transportation and Federal 
Transit Administration's authority to administer programs 
carried out under chapter 53 of title 49, United States Code. 
The Secretary is prohibited from regulating public 
transportation provider's routes, schedules, and rates, except 
in the case of a national or regional emergency. A new 
subsection 5334(c)(5) has been added that requires the FTA to 
subject non-regulatory substantive policy statements to a 60-
day public review notice and comment period. Currently, FTA 
circulars, letters, or other policy statements can be issued 
without the benefit of the same public review and comment 
process that is required under the regulatory process. However, 
such documents often carry the same weight and penalties as 
regulations. An example of this ``unwritten rule'' is the $500 
million per project limitation FTA has placed on the Federal 
commitment on a full funding grant agreement issued under the 
authority of section 5309. Although such a project cost 
limitation might be a valid policy, it has not been published 
in a form that allows for comment from the affected transit 
community. The provision added in subsection (c)(5) will add 
transparency to FTA's administrative procedures and provide 
opportunity for public review and feedback.

Sec. 3032. National transit database

    This section amends Section 5335 of title 49, United States 
Code by striking subsection (b) regarding a transferability 
report that was completed in 1993 and changing the title of the 
section to reflect the remaining provisions regarding the 
Secretary's authority to maintain a national reporting system 
of public transportation financial and operating information 
using a uniform system of accounts. The section header is 
amended from the current law title ``Reports and audits'' to 
``National transit database'' to reflect the revised contents 
of the section.

Sec. 3033. Apportionments based on fixed guideway factors

    This section amends Section 5337 of title 49, United States 
Code regarding apportionment formulas for the fixed guideway 
modernization program. The provision regarding route segments 
to be included in the apportionment formula is amended to 
delete the ``1997 Standard'' that held eligible rail system 
mileage to the number of miles a system reported in fiscal year 
1997.

Sec. 3034. Authorizations

    This section amends Section 5338 of title 49, United States 
Code, making FTA program funds available on an annual basis for 
the fiscal year 2004-2009 authorization period. The major FTA 
programs are Formula Grants, Capital Investment Grants, 
Planning, Research, and Administrative Expenses. Subsections 
(a), (c), (d), (e), and (f) break out funding allocations 
between fiscal year 2004 and fiscal years 2005-2009. This 
organizational structure is adopted to separate the fiscal year 
2004 funding, which splits every account's funding between the 
Mass Transit Account and the general fund at an 80:20 ratio 
(current law structure), from funding for fiscal years 2005-
2009, which is either 100 percent trust funded or 100 percent 
general funded. The programs that will be 100 percent trust 
funded in fiscal years 2005-2009 are Formula Grants and 
Planning, as well as the bus and bus related facilities grants 
and the fixed guideway modernization grants under Capital 
Investment Grants. The programs that will be 100 percent 
general funded in fiscal years 2005-2009 are Research, 
Administration, and the new starts and small starts programs 
under Capital Investment Grants. This restructuring of the 
program financing will prevent an accounting problem with the 
spending rate of the Mass Transit Account. By not split-funding 
any programs, each program will outlay at its actual spending 
rate.
    The Formula Grants programs comprise 54 percent of the 
total transit programs. There are a number of allocations made 
from the total formula grants funding for: new bus model 
testing, grants to the Alaska Railroad, over-the-road bus 
accessibility equipment costs, the new Transit in the Parks 
pilot program, the transit portion of funding for the non-
motorized transportation pilot program authorized in section 
1121(b) of the bill, the New Freedom program, the Job Access 
and Reverse Commute grant program, and the Clean Fuels grant 
program. After these allocations of funds have been made, the 
remainder of the aggregate amount is allocated in the following 
percentages: 2.5 percent to the elderly and disabled formula 
grant program, 8 percent to the nonurbanized formula grant 
program, and 89.5 percent to the urbanized area formula grant 
program. The percentage shares for the elderly and disabled 
program grants and for the nonurbanized formula grants have 
been increased over such shares under current law.
    The Capital Investment Grants programs comprise 43 percent 
of the total transit programs. The four Capital Investment 
Grant programs (fixed guideway modernization, new starts, small 
starts, and bus and bus-related facilities) receive funding 
allocations under section 5309(m). For fiscal year 2004, 
funding for these programs is apportioned under subsection 
5338(b), with 80 percent of the funding coming from the Mass 
Transit Acount and 20 percent from the general fund. In 
subsection 5338(g), funding is apportioned for fiscal years 
2005-2009 from the Mass Transit Account of the Highway Trust 
Fund for bus and bus facilities and fixed guideway 
modernization. In subsection 5338(h), funding is authorized to 
be appropriated in fiscal years 2005-2009 for new starts and 
small starts.
    Planning grant fund apportionments to metropolitan areas 
and states is provided under subsection 5338(c). For fiscal 
year 2004, the funding is split-funded and for fiscal years 
2005-2009, the funding is derived from the Mass Transit 
Account. The percentage of planning funds allocated to 
metropolitan areas is 82.72 percent and 17.28 percent is 
apportioned to states for state planning activities. These are 
the same percentages as provided under current law. The total 
amount of funding authorized for planning activities has been 
increased from 1 percent of the total program under current law 
to 1.25 percent, in recognition of additional funding needs 
resulting from the designation of 46 new urbanized areas in the 
2000 Census.
    The Research program is funded under subsection 5338(d). 
For fiscal year 2004, the funding is split-funded, and for 
fiscal years 2005-2009, the funding is authorized to be 
appropriated from the general fund. There are a number of 
allocations made from the total formula grants funding for: the 
transit cooperative research program, management of the 
national transit database, the National Transit Institute 
transit training facility at Rutgers University, and Project 
Action, a national technical assistance program for providers 
of transportation services to the disabled. The remainder of 
funds under this subsection are available for the national 
research and technology programs. In subsection 5338(e), 
funding is authorized for university transportation research. 
This complements funding made available for these programs 
under the Federal-aid Highway program in Title V of the bill.
    Funding for administration of the Federal transit programs 
is provided under subsection 5338(f). For fiscal year 2004, the 
funding is split-funded, and for fiscal years 2005-2009, the 
funding is authorized to be appropriated from the general fund.

Sec. 3035. Over-the-road bus accessibility program

    This section amends Section 3038 of TEA 21 regarding the 
over-the-road bus accessibility program, which provides grants 
to intercity and charter bus providers for incremental costs of 
equipment to reach compliance with the Americans with 
Disabilities Act. The TEA 21 provision regarding Federal share 
is amended by increasing the Federal share for such project 
costs from 50 percent to 80 percent.

Sec. 3036. Updated terminology

    This section amends chapter 53 of title 49, United States 
Code by striking ``mass transportation'' and replacing it with 
``public transportation.''

Sec. 3037. Project authorizations for new fixed guideway capital 
        projects

    This section lists the projects that are authorized under 
the section 5309 new starts and small starts programs for 
fiscal years 2004-2009. Existing full funding grant agreements 
are listed separately from projects authorized for final design 
and construction and those authorized for alternatives analysis 
and preliminary engineering.
    In subsection 3037(a), 26 new start projects originally 
authorized in the Intermodal Surface Transportation Efficiency 
Act (ISTEA) or in TEA 21 have continued authorizations with the 
amount specified by fiscal year that remains outstanding under 
the schedule of federal funds for the project (or ``schedule 
6'') attached to each project's full funding grant agreement 
contract with the FTA. The first responsibility of the 
Appropriations Committees in providing funds for new fixed 
guideway capital projects must be to ensure that each project 
under a full funding grant agreement receives the full amount 
specified for the fiscal year in which it is programmed. Under-
funding full funding grant agreements is very damaging to the 
financial management of the project and to the overall capital 
and operating budget of the sponsoring agency, and may 
jeopardize private financing for the local share of such 
project costs.
    In subsection 3037(b), new fixed guideway capital projects 
that are ongoing projects in the new starts pipeline and are 
currently in preliminary engineering or final design are 
authorized for final design and construction.
    In subsection 3037(c), new fixed guideway capital projects 
that have not yet been approved for preliminary engineering by 
the FTA or that were not previously authorized under TEA 21 are 
authorized for alternatives analysis and preliminary 
engineering.
    Subsection 3038(d) sets out rules relating to new starts 
and small starts funding for the life of the authorization. In 
general, all projects that are authorized under subsection (a) 
may expend Federal funds only for final design and construction 
activities. Projects that are authorized under subsection (b) 
may expend Federal funds for final design and construction, and 
for alternatives analysis and preliminary engineering 
activities. Projects that are authorized under subsection (c) 
may expend Federal funds only on alternatives analysis and 
preliminary engineering activities. However, on October 1, 
2007, projects authorized under subsection (c) shall also be 
authorized for final design and construction. Minimum funding 
levels are established for appropriations for each fiscal year 
in the full funding grant agreement category (subsection a) and 
the final design and construction category (subsection b), and 
maximum funding levels are established for each fiscal year in 
the alternatives analysis and preliminary engineering category 
(subsection c). Subsection 3037(b) projects authorized for 
final design and construction that execute a full funding grant 
agreement with FTA after the date of enactment of this Act are 
to be given the full amount indicated in the schedule of 
federal funds for the project for each fiscal year under the 
agreement.
    Subsection 3037(e) amends the project description for the 
New Jersey Urban Core project originally authorized in section 
3031(d) of ISTEA. This authorization was expanded in TEA 21 and 
is further amended in this legislation. Elements of New Jersey 
Urban Core project include:
           The Secaucus Transfer, which consists of 
        construction of a new rail transfer station at the 
        intersection of the Northeast Corridor and the Main, 
        Bergen and Pascack Valley Lines as well as a rail spur 
        north to the Meadowlands Sports Complex and a 
        connection to the Hudson River Waterfront 
        Transportation System.
           The Lackawanna Cutoff, which is the 
        restoration of passenger rail service between Port 
        Morris, NJ and Scranton, PA.
           The Kearny Connection, which is a connection 
        in Kearny allowing Morris and Essex Line commuter rail 
        trains to access the Northeast Corridor to New York.
           The Waterfront Connection, which is a 
        connection allowing Northeast Corridor commuter rail 
        trains to access the Morris and Essex Lines to Hoboken.
           The Northeast Corridor Signal System, which 
        is the implementation of a high-density signal system 
        on the Northeast Corridor between Newark and New York 
        City.
           The Hudson River Waterfront Transportation 
        System, which is being implemented as three segments of 
        Hudson-Bergen Light Rail. The first segment runs from 
        Hoboken Terminal south to 34th Street in Bayonne with a 
        spur to West Side Avenue in Jersey City. The second 
        segment extends the first segment south from 34th 
        Street to 22nd Street in Bayonne and north from Hoboken 
        to Tonnelle Avenue in North Bergen. The third segment 
        extends the line south from 22nd Street to 5th Street 
        in Hoboken and North from Tonnelle Avenue to the Vince 
        Lombardi Park & Ride in Ridgefield. The Hudson River 
        Waterfront Transportation System also includes 
        extensions from the Vince Lombardi Park & Ride in 
        Ridgefield west to Saddlebrook and east to Edgewater.
           The Northern Branch Line or the West Shore 
        Line, which consists of either an extension from the 
        Hudson River Waterfront Transportation System north 
        along the Northern Branch freight line to New York 
        State, or a commuter rail extension north from Secaucus 
        Transfer and the Meadowlands Rail Spur across the 
        Meadowlands to the West Shore freight line, which 
        extends into New York State.
           The Newark-Newark International Airport-
        Elizabeth Transit Link, which is a light rail project 
        running from Newark Penn Station south through downtown 
        Newark into Union County, including Newark Liberty 
        International Airport Rail Station, the Jersey Gardens 
        Mall, downtown Elizabeth then proceeding west to 
        Plainfield.
           The rail connection between Newark Penn and 
        Broad Street stations, which is a light rail circulator 
        service in downtown Newark, being implemented as the 
        Newark Elizabeth Rail Link.
           The New York Penn Station Concourse, which 
        is a station expansion project in New York Penn 
        Station.
           The restoration of commuter rail service in 
        Monmouth, Ocean and Middlesex counties, which consists 
        of restored rail service from Lakehurst north to 
        Freehold and proceeding either west to connect with the 
        Northeast Corridor through Jamesburg or north to 
        connect with the North Jersey Coast Line in Matawan.
    New Jersey Urban Core also provides for the construction of 
any appropriate rail service in Passaic County and the 
equipment necessary to service all project elements.
    Subsection 3037(f) directs that project elements of the New 
Jersey Trans-Hudson Midtown Corridor that have been advanced 
with 100 percent non-Federal funds shall be given consideration 
by the FTA when evaluating the local share of the project in 
the new starts rating process, including the purchase of bi-
level rail equipment.

Sec. 3038. Projects for bus and bus-related facilities

    This section lists bus and bus facilities projects and 
associated funding levels for fiscal years 2006, 2007, and 
2008. Each year's designated funding represents one half of the 
authorized amount for section 5309 bus and bus facility 
projects for that fiscal year.

Sec. 3039. National fuel cell bus technology development program

    This section authorizes a new fuel cell bus technology 
development program for hydrogen fuel cell and liquid methanol 
fuel cell bus technologies, in order to facilitate 
thedevelopment of commercially viable fuel cell bus technology and 
related infrastructure. The program is limited to three recipients, at 
a Federal share of 50 percent.

Sec. 3040. High-intensity small-urbanized area formula grant program

    This section establishes a new set-aside program from the 
section 5307 urbanized area formula grants that provides a 
small bonus grant payment to urbanized areas under 200,000 in 
population that operate at a level of service above the 
industry average level of service in similarly-sized urbanized 
areas in one or more of six performance categories: passenger 
miles traveled per vehicle revenue mile, passenger miles 
traveled per vehicle revenue hour, vehicle revenue miles per 
capita, vehicle revenue hours per capita, passenger miles 
traveled per capita, and passengers per capita. These 
performance categories and a methodology established for 
providing bonus grants were established in the September 2000 
FTA report to Congress called ``The Urbanized Area Formula 
Program and the Needs of Small Transit Intensive Cities.''

Sec. 3041. Allocation for national research and technology programs

    This section establishes seven specific research areas 
within the Federal Transit Administration's national research 
and technology program, and allocates funding levels in each 
fiscal year of the authorization period for these research 
areas. These research focus areas were developed through 
conferring with the FTA and reflecting priorities established 
in the agency's Research and Technology Strategic Plan. The 
programmatic structure and funding floors for each research 
area will help ensure that adequate funding is provided 
throughout the authorization period to establish and carry out 
meaningful programs with depth and continuity.

Sec. 3042. Relationship to other laws

    Under current law, section 5323(l) requires state-managed 
transit grant programs be subject to State transportation 
planning requirements in section 135 of title 23, United States 
Code. Since all transportation planning programs are now 
addressed under chapter 52 of title 49, U.S.C., section 3042 
contains a new provision amending section 5323(l) that broadens 
the applicability of section 1001 of title 18, prohibiting 
fraudulent statements to the Government, to all certificates, 
submissions, or statements provided to DOT under Chapter 53 of 
Title 49. This language is intended to provide a direct tie 
between 18 U.S.C. 1001 and the punitive recourse of ending 
financial assistance provided for in the second sentence of new 
subsection 5323(l). This language is not intended to, and 
should not be construed to, exclude by implication from the 
application of 18 U.S.C. 1001 any other matter to which such 
section would otherwise apply.

Sec. 3043. Cooperative procurement

    This section directs the Secretary to review the practice 
of cooperative procurement of transit rolling stock, such as 
buses and rail cars. A pilot program is currently underway at 
the Federal Transit Administration to determine the benefits of 
encouraging cooperative procurement of major capital equipment. 
The program consists of three competitively selected grantees, 
consortiums of grantees, or members of the private sector 
acting as agents of grantees, who will develop cooperative 
specifications and conduct joint procurements. For this 
program, the Federal share was increased from 80 percent to 90 
percent. The Secretary is also directed to consider information 
gathered from grantees about cooperative procurement, whether 
or not related to the pilot program. The Secretary is directed 
to notify the Committee on Transportation and Infrastructure 
and the Senate Committee on Banking, Housing, and Urban Affairs 
of the results of the cooperative procurement review, and make 
a finding of whether this program has sufficient merit to be 
formally incorporated in the Federal public transportation 
program.

Sec. 3044. Obligation ceiling

    This section sets the annual obligation ceiling for Federal 
Transit Administration programs authorized by this Act for 
fiscal years 2004-2009, including both amounts made available 
from the Mass Transit Account of the Highway Trust Fund and 
general funds from the U.S. Treasury. The total obligation 
authority for each fiscal year is guaranteed to be provided in 
the fiscal year for which it is set under the budgetary 
firewalls established in section VIII of the bill.

Sec. 3045. Adjustments for the Surface Transportation Extension Act of 
        2004, Part V

    This section provides for the funding reconciliation of 
apportionments and allocations made to transit grant recipients 
under this Act with the levels of funding already made 
available under the Surface Transportation Extension Act of 
2004, Part V, which expires May 31, 2005.

Sec. 3046. Special rule for fiscal year 2004

    This section states that, where fiscal year 2004 authorized 
amounts in this title differ from fiscal year 2004 authorized 
amounts in the Surface Transportation Extension Act of 2004, 
Part V (STEA Part V), then STEA Part V governs.

           TITLE IV--MOTOR CARRIER SAFETY AND TRANSPORTATION

              Subtitle A--Commercial Motor Vehicle Safety

    The Motor Carrier Safety Improvement Act of 1999 (MCSIA) 
(P.L. 106-159) established the Federal Motor Carrier Safety 
Administration (FMCSA) within the Department of Transportation 
(DOT) on January 1, 2000. Prior to the enactment of MCSIA, 
commercial motor vehicle-related crashes resulting in 
fatalities and injuries had been steadily climbing and it was 
determined that the creation of a separate modal administration 
within the DOT would improve truck and bus safety. According to 
data compiled by the DOT, large trucks \1\ represent about 
three percent of registered vehicles; however, they account for 
seven percent of the vehicle-miles traveled on our Nation's 
highways, and are involved in about 11 percent of all fatal 
crashes.
---------------------------------------------------------------------------
    \1\ Large truck is defined as a commerical motor vehicle with a 
gross vehicle weight of 10,001 pounds or more.
---------------------------------------------------------------------------
    FMCSA's primary responsibility is to enforce the Federal 
motor carrier safety and hazardous materials regulations, 
including the requirements governing Mexico-domiciled 
commercial motors vehicles operating in the United States. 
FMCSA also administers the Commercial Driver's License (CDL) 
program, oversees the interstate transportation of household 
goods, and all aspects of hazardous materials transportation 
via highway. FMCSA has been directed to accomplish these 
responsibilities through increased enforcement of the safety 
regulations, expedited completion of rulemaking proceedings, 
scientific research, and improved commercial driver's licensing 
programs.
    FMCSA has set a goal of reducing the rate of fatalities in 
large truck crashes by 39 percent between 1999, the year prior 
to the agency's creation, and 2008, from a rate of 2.7 
fatalities per 100 million vehicle miles traveled (VMT) to a 
rate of 1.65. The commercial motor vehicle fatality rate, 
factoring in increases in VMT, was reduced to 2.28 in 2002, a 
reduction of seven percent from 2001 when the rate was 2.45. 
The commercial motor vehicle fatality rate reduction in 2002 
marked the fifth consecutive year the rate had been reduced. 
While the fatality rate has improved, in 2003, 4,986 people 
were killed in truck crashes, an increase of 47 deaths over 
2002, and 122,000 people were injured. In addition, 723 truck 
drivers were killed in 2003, an increase of nearly 5 percent 
over the number of 2002 fatalities.

Sec. 4101. Authorization of appropriations

    From the day of burro-drawn wagons moving our goods to the 
current day intermodal, just-in-time delivery system, 
commercial vehicles have always played an important role in our 
Nation's economy. To ensure this vital piece of our everyday 
lives continues in a safe and efficient manner, the Committee 
enacts this legislation. This section provides funding from the 
Highway Trust Fund, other than the Mass Transit Account, for 
FMCSA to implement safety programs for fiscal years 2004 
through 2009. Funding for the Motor Carrier Safety Assistance 
Program is authorized in section 4102 of this title.
    This bill authorizes FMCSA and its programs to be funded 
through contract authority. Under the Transportation Equity Act 
for the 21st Century (TEA-21), which was enacted 18 months 
prior to the creation of FMCSA, the agency's administrative 
expenses were funded through a deduction of the Federal Highway 
Administration's (FHWA) administrative expenses. This set-aside 
of Federal-aid funds is called a ``takedown''. MCSIA amended 
TEA-21 by increasing the takedown to one-third of one percent 
from the FHWA's administrative expenses to administer FMCSA 
activities. Other than the first year of enactment, the 
takedown has proven to be ineffective for funding the motor carrier 
safety program adequately. In addition, the takedown has not been able 
to respond to additional safety and program needs created with the 
implementation of the North American Free Trade Agreement, and the 
security improvements needed in response to the terrorist attacks of 
September 11, 2001. Therefore, it is appropriate to create new contract 
authority for FMCSA expenses. In addition to authorizing administrative 
expenses, this section also authorizes three grant programs for 
commercial driver's license improvement, border enforcement, and 
performance and registration system management, as well as on 
authorization to carry out the commercial vehicle information systems 
and networks development program.

Sec. 4102. Motor carrier safety grants

    An important FMCSA responsibility is managing the Motor 
Carrier Safety Assistance Program (MCSAP), which provides 
grants to States for the enforcement of the Federal safety and 
hazardous materials regulations governing commercial motor 
vehicles. Safety enforcement under MCSAP is primarily achieved 
through roadside inspections and safety compliance reviews. 
MCSAP grants are authorized to provide up to 80 percent of 
State program costs. MCSAP was initiated in the early 1980s and 
the program has grown in size every year since. From 1997 to 
2003, the annual authorization grew from $78.2 million to $189 
million. In 2003, MCSAP officers conducted over 2.9 million 
commercial motor vehicle and driver inspections nationwide, 
with approximately seven percent of drivers and 23 percent of 
vehicles placed out of service for violations of the safety and 
hazardous materials regulations. Under current law, MCSAP 
agencies may be reimbursed for traffic enforcement activities 
when those activities are conducted in conjunction with safety 
inspections, while conducting weight inspections, or while 
conducting a drug interdiction inspection.
    Subsection (a) of this section reauthorizes MCSAP, with a 
number of changes. In addition to increases in authorized 
funding levels, the program would be amended to require the 
States to include five new requirements in their annual 
commercial vehicle safety plans. The first element requires the 
implementation of performance-based activities, including 
deployment of technology to enhance the efficiency and 
effectiveness of commercial motor vehicle safety programs. The 
second element requires States to establish a program ensuring 
that all information and data provided to the Secretary that is 
used for safety rating purposes, or in identifying high-risk 
carriers, is accurate, timely, and complete. The third element 
requires States to include in their training manuals, for all 
drivers' licensing examinations, information about best 
practices for safely sharing the road with trucks and cars. 
States are also required to enforce the registration 
requirements of section 13902, of title 49, United States Code, 
by removing from service vehicles that are unregistered or 
operating beyond the scope of their registration. The final 
change requires States to conduct highly visible traffic 
enforcement programs in locations or corridors that have been 
identified as having a high incidence of truck crashes.
    Subsection (b) of this section details the new activities 
for which States can use funds provided under the Motor Carrier 
Safety Assistance Program. These activities include the ability 
to conduct traffic enforcement on commercial motor vehicles 
without a corresponding safety inspection and on non-commercial 
motor vehicles when the behavior of the drivers of smaller 
vehicles increases the risk of crashes involving commercial 
motor vehicles. The Secretary would also be required to provide 
an annual report to Congress detailing the effect these new 
activities and requirements have had on commercial motor 
vehicle and highway safety.
    The Committee intends this new MCSAP authority to be used 
in direct relation to conducting highly visible roadside 
enforcement activities in high crash corridors. The Committee 
intends these changes to establish a commercial motor vehicle 
and highway safety program similar to State impaired driving 
programs, as well as, ``buckle-up'' campaigns. With these 
changes in mind, the Committee has also increased funding for 
outreach and education currently conducted by FMCSA. With this 
legislation, the outreach program will be jointly managed by 
FMCSA and NHTSA. The Committee believes combining enforcement 
activities with a robust outreach and education program is 
necessary to maximize the results.
    Subsection (c) of this section authorizes funding for the 
Motor Carrier Safety Assistance Program. This funding is for 
the basic grant program, high priority grants, and the new 
entrant program. This bill does not continue the incentive 
program for MCSAP. By increasing the funding total and removing 
the incentive program the Committee will ensure more resources 
go to the core function of the MCSAP program, conducting 
commercial motor vehicle and driver safety and hazardous 
materials inspections.
    Subsection (d) of this section provides FMCSA the authority 
to provide grants without a matching requirement to the States 
to conduct safety audits of new entrant motor carriers. This 
subsection also increases the current amount of MCSAP funding 
available for high priority activities to 10 percent of the 
total funds authorized. The funding may be used for activities 
designed to improve all information and data provided to the 
Secretary from the State that is used for safety rating 
purposes, or for identifying high-risk carriers. In addition, 
this subsection also allows the Secretary to use up to 
$15,000,000 each fiscal year to conduct safety audits of new 
entrant motor carriers described in subsection (c).
    Subsection (e) contains a technical amendment.

Sec. 4103. Border enforcement grant

    Subsection (a) deletes contract authority funding for 
information systems by striking the section 31107 of title 49, 
U.S.C., where it currently is located. Funding for information 
systems is now included in the administrative expenses. 
Subsection (a) also creates a new grant program for border 
enforcement activities under the same section.
    This grant program is for State enforcement activities at 
the Canadian and Mexican borders. No Federal activity would be 
conducted using this money. States would be authorized to use 
the grants for virtually anything related to Commercial Motor 
Vehicles (CMV) safety enforcement and compliance with State and 
Federal CMV requirements involving foreign motor carriers, 
including the purchase of land and buildings. Grant recipients 
could not use Federal funds to replace State funds and they 
would be required to maintain the average level of border-
related expenditures during fiscal years 2003-2004. It is 
intended, and quite possible, that this money will not be 
distributed to every State that shares a border with another 
Country, but will only be distributed to States with an 
identified need.
    These grants do not require a State match.
    Subsection (b) includes the conforming amendments necessary 
for the changes made in subsection (a).

Sec. 4104. Commercial driver's license improvements

    Subsection (a) creates a new program for commercial 
driver's license improvement grants. These grants enable States 
to improve the implementation of their commercial driver's 
license programs. The grants may be used to improve training, 
computer software, computer hardware, publications, testing, 
quality control, and to hire personnel. However, the funds 
received under this program must first be used to ensure the 
State has met the commercial driver's license program 
improvements that were required in the Motor Carrier Safety 
Improvement Act. Unlike the border grants, these funds may not 
be used to purchase land or buildings. In order to apply for a 
grant, a State must first conduct a self-assessment and 
identify deficiencies in their commercial driver's license 
program. Based on these assessments, the State will then apply 
for the appropriate amount of funding to correct these issues. 
The State must also maintain an average level of commercial 
driver's license expenditures during the fiscal years 2003-
2004. The government share for these grants is 80 percent. Five 
percent of these funds will be set aside for high priority 
commercial driver's license activities.
    Subsection (b) includes the conforming amendments necessary 
for the changes made in subsection (a).
    Subsection (c) authorizes the Secretary to redirect up to 5 
or 10 percent of the funds a State receives under this program, 
if the State is found to be in serious non-compliance with the 
commercial driver's license program. The penalty provisions 
found in the CDL statutes have been amended to encourage the 
Secretary, through more flexibility, to assess penalties for 
non-compliance.

Sec. 4105. Hobbs Act

    Subsection (a) amends the Hobbs Act to make explicit the 
interpretation given to that act by a series of decisions of 
the U.S. Circuit Courts of Appeals. In 1966, when theDepartment 
of Transportation (DOT) was created, Congress transferred 
responsibility for regulating motor carrier safety and driver 
qualifications from the former Interstate Commerce Commission (ICC) to 
the Department. Sections 351(a) and 352 of title 49 provide for the 
same method of judicial appeal from actions based on these transferred 
functions as would have been required had the functions remained with 
the ICC. Prior to 1966, ICC orders were reviewed by three-judge 
District Courts, with a right of direct appeal to the Supreme Court. In 
1975, Congress altered the path of review for ICC actions, substituting 
for the three-judge District Court, a right of direct appeal to the 
Court of Appeals for the relevant jurisdiction. This statute is known 
as the Hobbs Act (28 U.S.C. 2321, 2342). The ICC was abolished in 1995 
and most of its remaining functions were transferred to the newly 
created Surface Transportation Board (STB) or to FMCSA. The 
corresponding revisions to the Hobbs Act, however, created uncertainty.
    That raised the question whether an action by FMCSA 
pursuant to the safety authority transferred in 1966 could 
still be reviewed by the Courts of Appeal, since section 
2342(3)(A) applied to the commercial statutes, while section 
2342(5) applied to actions of the STB.
    Subsection (a) ensures that both of these issues would be 
covered by inserting in section 2342(3)(A) a reference to 
``subchapter III of chapter 311, chapter 313, and chapter 315 
of Part B of subtitle VI of title 49.'' FMCSA's safety statutes 
are codified there, including statutes enacted after 1966. All 
safety statutes would thus be subject to exclusive review by 
the Courts of Appeal.
    Subsections (b) and (c) simply replace the term ``Federal 
Highway Administration'' with ``Federal Motor Carrier Safety 
Administration'' in 49 U.S.C. 351(a) and 352. The ICC's motor 
carrier safety functions were exercised by FHWA until the fall 
of 1999 and were statutorily entrusted to FMCSA when it was 
created on January 1, 2000. Because FHWA retains no duties or 
powers transferred from the ICC, sections 351(a) and 352 should 
refer to FMCSA.

Sec. 4106. Penalty for denial of access to records

    FMCSA investigators have broad authority to inspect and 
copy motor carrier and shipper records (see 49 U.S.C. 504(c), 
31133(a)). The majority of carriers and shippers readily grant 
access to requested records, however, some deliberately impede 
the investigative process by refusing to set an audit date, or, 
after setting a date, by ordering investigators off the 
premises--occasionally with a show of force. Others take a more 
subtle approach, feigning illness or declaring an ``emergency'' 
during the audit; pleading inability to produce records because 
of the absence of key personnel; or delivering documents at a 
pace designed to prolong the audit beyond the time available to 
the investigator.
    FMCSA can issue an administrative subpoena for documents, 
and the refusal to comply requires the agency to file an action 
in Federal court to enforce the subpoena. This process, though 
effective, is relatively slow and labor-intensive, and the cost 
to a carrier or shipper who does not seriously contest the 
action is minimal.
    New section 521(b)(2)(E) creates a financial penalty to 
dissuade any uncooperative carriers or shippers from denying or 
impeding FMCSA's legitimate access to records.

Sec. 4107. Medical Review Board

    This section requires FMCSA to establish a Medical Review 
Board to serve as a source of up-to-date medical advice for 
FMCSA on matters related to driver qualification rules, 
guidelines for medical examiners, and standards for medical 
exemptions under 49 U.S.C. 31315(b).
    The Committee has included a provision to establish a five-
member Medical Review Board to make recommendations on medical 
standards for commercial drivers, medical examiner education, 
and medical research. Due to the variety of motor carrier 
operations and the sheer number of commercial drivers, the 
Committee did not get overly prescriptive in describing how 
FMCSA should conduct this proposal. With over 6.5 million 
commercial drivers requiring biennial medical certifications, 
permitting FMCSA to set the standard for who should be allowed 
to conduct physical examinations, with the help of the Medical 
Review Board, is the most feasible way to ensure no disruption 
in the medical certification system currently in place. Having 
this provision will ensure medical examiners know the driver 
qualification standards and guidelines, while understanding the 
mental and physical demands involved in driving a commercial 
motor vehicle.

Sec. 4108. Increased penalties for out-of-service violations and false 
        records

    Subsection (a) doubles the penalties for recordkeeping 
violations under 49 U.S.C. 521(b)(2)(B) up to $1,000 for each 
day the offense continues, or up to $10,000 for an offense that 
misrepresents a non-recordkeeping violation. Recordkeeping 
violations frequently have no other purpose than to conceal a 
safety violation, and they often succeed. Higher penalties 
reduce both the number of recordkeeping violations and the 
number of safety violations as well.
    The current penalties under 49 U.S.C. 31310(i)(2) for a 
driver who violates an out-of-service (OOS) order are, for a 
first offense, a 90-day disqualification from operating a CMV 
and a civil penalty of at least $1,000, and for a second 
offense, disqualification for one to five years and a civil 
penalty of at least $1,000. An employer who knowingly allows or 
requires a driver to violate an OOS order is subject to a civil 
penalty of up to $10,000. OOS orders can be issued for a 
variety of reasons: for failure to pay civil penalties on 
schedule, for having an unsatisfactory safety rating, for 
violating the agency's hours-of-service or equipment 
regulations, or because the motor carrier constitutes an 
imminent hazard. Enforcement officers cannot afford to spend 
hours monitoring a single OOS vehicle, and tracking possible 
movements of an entire OOS fleet is even more difficult. As a 
result, many OOS orders are violated. One effective deterrent 
to violating an OOS order is to raise the cost to violators. 
Subsection (b) increases to a maximum of $25,000 the civil 
penalty for a motor carrier that knowingly orders a driver to 
proceed despite an OOS order. Subsection (b) also increases a 
driver's penalty for a first offense to a 180-day 
disqualification and a civil penalty of at least $2,500, and, 
for a second offense, to a two-to five-year disqualification 
and a civil penalty of up to $5,000.

Sec. 4109. Commercial vehicle information systems and networks 
        deployment

    This section transfers the commercial vehicle information 
system and networks deployment program from FHWA to FMCSA in 
order to streamline the grant process. Historically, FMCSA has 
been responsible for implementing and deploying this program 
with the money passing through FHWA. This streamlined process 
is intended to ensure the completion of the core deployment of 
commercial vehicle information systems and networks. It also 
will help with the expanded deployment of the program.
    Subsection (a) provides general direction to carry out the 
commercial vehicle information systems and networks deployment 
program .
    Subsection (b) describes the overall purpose of the 
commercial vehicle information systems and networks deployment 
program.
    Subsection (c) requires the Secretary to make grants of up 
to $2.5 million for the core deployment of commercial vehicle 
information systems and networks. A State that has previously 
received funding for the core deployment of commercial vehicle 
information systems and networks would receive a grant that has 
been reduced by the amount of funds previously received for 
core deployment. States that have not previously received 
funding for core deployment would receive a grant of $2.5 
million. To be eligible for a core deployment grant, a State 
must have a program plan and must certify that its activities 
are consistent with National Intelligent Transportation Systems 
and Commercial Vehicle Information Systems and Networks 
architectures and available standards, and must agree to 
execute a successful interoperability test. The use of the 
grant would be limited to core deployment activities.
    Subsection (d) authorizes the Secretary to make grants to 
States for the expanded deployment of commercial vehicle 
information systems and networks. The amount of the grants is 
determined by the amount of funds that remain after the core 
deployment grants have been made and by the number of States 
that request an expanded deployment grant. The maximum expanded 
deployment grant that may be given to a State in a fiscal year 
would be $1 million. Only States that have completed core 
deployment would be eligible for an expanded deployment grant.
    Subsection (e) describes the eligibility requirements to 
receive these grants.
    Subsection (f) provides that the Federal share of grant 
funds under this section is 50 percent. The Federal share for 
funds used for commercial vehicle information systems and 
networks from all eligible sources would be 80 percent.
    Subsection (g) provides definitions for terms used in this 
section.
    Subsection (h) repeals Section 5209 of TEA-21 that 
established the commercial vehicle information systems and 
networks program.

Sec. 4110. Safety fitness

    As defined in 49 U.S.C. 31132(1), a vehicle is not a 
commercial motor vehicle unless it operates in interstate 
commerce. One of the implications of the definition is that the 
Secretary's authority to determine the safety fitness of CMV 
owners and operators encompasses the accident and safety 
inspection record of such companies or individuals on 
interstate trips, but not on intrastate trips. Most interstate 
motor carriers also have substantial intrastate operations.
    For purposes of safety, it is artificial and 
counterproductive to create two classes of accidents and safety 
inspection data--one subject to Federal jurisdiction, the other 
not--when both involve the same vehicles, drivers, dispatchers, 
mechanics, and safety management controls, and may cause the 
same kind of death, injury, or physical damage. In examining a 
motor carrier's accident and inspection data, it is often 
difficult, and sometimes impossible, to determine whether the 
vehicle involved was making an interstate or intrastate trip.
    In order to simplify and rationalize the analysis of 
accident data and provide a complete picture of the safety of 
motor carrier operations, subsection (a) requires the 
Secretary, in the course of determining the safety fitness of 
commercial motor vehicle (i.e., interstate) owners and 
operators, to consider the accident and inspection record of 
such owners and operators both on interstate and intrastate 
trips.
    In addition, owners and operators of commercial motor 
vehicles who are determined to be unfit and prohibited from 
operating in interstate commerce, are also prohibited by 
subsection (b) from operating commercial motor vehicles in 
intrastate commerce until they are able to demonstrate their 
fitness.
    Subsection (c) directs the Secretary to place all 
interstate operations of a motor carrier out of service if a 
State, using the Federal safety fitness standards prescribed 
under 49 U.S.C. 31144(b), has placed out of service the 
intrastate operations of a carrier that has its principal place 
of business in that State.
    A Federal safety determination that an interstate motor 
carrier is unfit would thus halt both its interstate and 
intrastate operations, while a State safety determination that 
an intrastate carrier is unfit will halt both its intrastate 
and any interstate operations.
    This subsection also provides the Secretary the authority 
to make grants to the States to conduct new entrant safety 
audits. This funding requires no State match; however, if the 
Secretary determines that a State is unable to use government 
employees to conduct these activities, the Secretary may 
utilize the funding to conduct new entrant audits with Federal 
resources.

Sec. 4111. Pattern of safety violations by motor carrier management

    Some motor carrier managers and brokers order, encourage, 
or tolerate widespread regulatory violations and, when caught, 
declare bankruptcy, rename the company and reshuffle the 
managers' titles, sell its assets to a pre-existing shell 
corporation owned and managed by the same people, or otherwise 
attempt to evade the payment of civil penalties, obscure the 
identity of the company and thus its violation record, and 
perpetuate a casual indifference to regulatory compliance and 
public safety. Although the total number of such managers and 
brokers are small, their actions create risks disproportionate 
to their numbers.
    This section addresses these problems. It amends 49 U.S.C. 
31135 to authorize the Secretary to suspend, amend, or revoke 
the registration of a for-hire motor carrier if any of its 
officers has engaged in a pattern or practice of avoiding 
compliance, or concealing non-compliance, with Federal 
standards. The Secretary could also deny an application to 
register as a for-hire motor carrier if any of the proposed 
officers of the company has engaged in a pattern of non-
compliance. In this context, ``officer'' means owner, chief 
executive officer, chief operating officer, chief financial 
officer, safety director, vehicle maintenance supervisor, 
driver supervisor, and any person exercising controlling 
influence over operations of a motor carrier.
    This provision does not apply to all officers whose 
companies are found to be in violation of the Federal safety 
rules. Rather, it is intended to authorize the Secretary to 
force out of the industry those few who have shown unusual and 
repeated disregard for compliance.

Sec. 4112. Motor carrier research and technology program

    This section authorizes a comprehensive FMCSA research and 
technology program under section 31108 of title 49, U.S.C. The 
goal is to support--through contracts, cooperative agreements, 
and grants--research designed to produce innovative advances in 
motor carrier, driver, and passenger safety. Equally critical, 
however, is the transfer of promising results--whether 
technical or operational--to potential users and rapid 
deployment of the products of research and development.
    The Federal share of the cost of activities carried out 
under a cooperative research and development agreement could 
not exceed 50 percent, except if there is substantial public 
interest or benefit, the Secretary could approve a greater 
Federal share.

Sec. 4113. International cooperation

    This section authorizes the Secretary, and thus FMCSA, to 
engage in international activities. This kind of authority is 
necessary to aid in implementing the North American Free Trade 
Agreement and to carry on discussions with U.S. trading 
partners concerning a variety of safety issues.

Sec. 4114. Performance and registration information systems management

    Subsection (a) updates the current statute to more closely 
follow how the performance and registration information systems 
management (PRISM) program is currently administered.
    Subsection (b) establishes a new separate grant program for 
PRISM. These grants do not require a State match.

Sec. 4115. Data quality improvement

    This section adds language to the current information 
systems requirements to ensure that the data FMCSA receives 
from the States is complete, timely, and accurate.

Sec. 4116. Driveaway saddlemount vehicles

    This section creates a new national standard for the 
maximum length of drive-away saddlemount with fullmount vehicle 
transporter combinations operated on the Interstate Highway 
System.

Sec. 4117. Completion of uniform carrier registration

    This section repeals the single state registration system 
and requires FMCSA to complete a rule-making for an on-line 
registration system to replace the old registration system 
originally administered by the Interstate Commerce Commission. 
This rule-making must be completed within one year.

Sec. 4118. Registration of motor carriers and freight forwarders

    This section harmonizes the jurisdictional reach of the 
commercial and the safety statutes by eliminating the 
requirement for motor carriers to register if they are not 
subject to the Federal motor carrier safety regulations.

Sec. 4119. Deposit of certain civil Penalties into highway trust fund

    This section amends current law to deposit all civil 
penalties collected from motor carriers for violations of the 
Federal insurance requirements into the Highway Trust Fund, 
other than the Mass Transit Account.

Sec. 4120. Outreach and education

    This section authorizes the Secretary to conduct an 
outreach and education program through the FMCSA and NHTSA to 
promote highway safety. Elements of the program shall include a 
comprehensive national effort to educate commercial motor 
vehicle and passenger vehicle drivers about how to share the 
road safely with each other, as well as an emphasis on traffic 
enforcement aimed at reducing the most common driving behaviors 
that cause or contribute to crashes, similar to such programs 
as ``Click It or Ticket'' and drunk driving awareness 
campaigns. The Secretary is required to provide an annual 
report each year demonstrating the programs and activities 
carried out under this section.
    The Committee has significantly increased the funding for 
the outreach and education program currently conducted by 
FMCSA, but with this legislation, the outreach program will be 
jointly managed by FMCSA and NHTSA. Although the Committee 
believes a strong enforcement program is important for 
improving commercial motor vehicle and highway safety, 
combining enforcement activities with a robust outreach and 
education program is necessary to maximize the results. Also, 
consistent with the recommendations in the U.S. General 
Accounting Office report GAO-03-680, the Committee recommends 
that the outreach and education activities conducted by FMCSA 
are directly linked to the program's goal and establish a 
systematic process for evaluating the effectiveness of the 
program.

Sec. 4121. Insulin-treated diabetes mellitus

    This section requires the Secretary to allow individuals 
who use insulin to treat their diabetes to operate commercial 
motor vehicles in interstate commerce without requiring the 
individual to have experience operating a commercial motor 
vehicle while using insulin.
    The Committee directs FMCSA to issue a final rule to amend 
the current exemption program to allow individuals who use 
insulin to treat their diabetes to operate commercial motor 
vehicles in interstate commerce that is consistent with the 
findings of the expert medical panel report issued in July 
2000. That report concluded that individuals could be qualified 
to operate a commercial motor vehicle following a one- to two-
month period of adjustment to insulin use. This provision is 
intended to preempt FMSCA's notice of final disposition issued 
September 3, 2003, which requires an individual to have three 
years of experience operating a commercial motor vehicle in 
intrastate commerce while using insulin for treatment of 
diabetes before the individual could qualify to drive in 
interstate commerce. According to the American Diabetes 
Association, approximately 20 States do not have an intrastate 
exemption program for insulin-dependent commercial drivers, 
therefore, these drivers would never be able to meet the 
Federal requirement to drive in interstate commerce. The 
Committee is concerned that by issuing a notice of final 
disposition that is inconsistent with the finding of FMCSA's 
own expert medical panel, qualified drivers may not be able to 
get employed or stay employed.

Sec. 4122. Grant program for commercial motor vehicle operators

    This section establishes a grant program to train drivers 
and future drivers of commercial motor vehicles to operate such 
vehicles in a safe manner.

Sec. 4123. Commercial motor vehicle safety advisory committee

    This section requires the establishment of a commercial 
motor vehicle safety advisory committee to provide advice and 
recommendations on a range of commercial motor vehicle safety 
issues. Members are appointed by the Secretary and include 
representatives of industry, drivers, safety advocates, 
manufacturers, safety enforcement officials, representatives of 
law enforcement agencies from border States, and other 
individuals affected by rulemakings. No one interest may 
constitute a majority. The advisory committee should provide 
advice to the Secretary on commercial motor vehicle safety 
regulations and other matters relating to activities and 
functions of FMCSA.

Sec. 4124. Safety data improvement program

    This section establishes a grant program to the States 
dedicated to improving the accuracy, timeliness, and 
completeness of the data provided to the Secretary. Prior to 
receiving a grant under this section, the State must complete 
an audit of its safety data system and develop a plan 
recognizing the needs and goals for improving its safety data 
system. The Secretary must provide a report every two years on 
the results of the program carried out under this section.
    The Safety Data Improvement program is intended to address 
safety data problems identified in the DOT Inspector General's 
audit of FMSCA's database. FMSCA's limited resources require 
focusing on the motor carriers who are considered most ``at 
risk''. In order to do this, the data FMCSA uses for selecting 
carriers must be accurate, and timely. The Committee is 
concerned that without additional funding, the States may have 
trouble improving their data reporting.

Sec. 4125. Commercial driver's license information system modernization

    This section creates a grant program to be used to 
modernize the commercial driver's license information system 
(CDLIS). Since the creation of CDLIS, improvements to the 
database and operability of the system have not kept up with 
improvements in technology. This program helps to modernize the 
system and improve the State licensing and Federal enforcement 
personnel's ability to access necessary information.
    This section also allows the Secretary to conduct a pilot 
project in 3 States to evaluate a program for sharing 
information about all drivers' licenses, both commercial and 
non-commercial, between States.

Sec. 4126. Maximum hours of service for operators of ground water well 
        drilling rigs

    For operators of commercial motor vehicles transporting 
ground water well drilling rigs, this section preserves the 24-
hour restart provision enacted in the NHS Designation Act and 
provides that no additional off-duty time (greater than 10 
hours) shall be required to operate the vehicle.

Sec. 4127. Safety performance history screening

    In order to improve motor carrier safety, this provision 
requires the Secretary to provide companies conducting pre-
employment screening services for motor carrier employers, 
electronic access to commercial motor vehicle accident reports 
involving a driver-applicant that are collected and maintained 
by FMCSA in its Motor Carrier Management Information System 
(MCMIS). The accidents reported to FMCSA must meet the accident 
definition found in 49 CFR 390.5.
    This provision also requires the Secretary to provide 
electronic access to roadside safety inspection reports 
involving a driver-applicant that resulted in a serious driver-
related safety violation. This electronic access may be 
accomplished only after the prospective employer obtains 
written consent of the driver applicant. This safety compliance 
and performance information is unique to MCMIS and, therefore, 
is not found on any other national database. Prohibiting the 
release of this driver safety information unless expressly 
authorized or required by law protects driver privacy. The 
Secretary may require a fee from companies conducting pre-
employment screening services to cover necessary administrative 
costs to implement this screening service.

Sec. 4128. Intermodal chassis roadability rule-making

    This section directs the Secretary to initiate a rule-
making to ensure that equipment used to transport intermodal 
chassis are safe. The rulemaking must be completed no later 
than 1 year after enactment of this bill and must address a way 
to identify the equipment owner, a civil penalty structure, a 
petition process, and an inspection system.

Sec. 4129. Substance abuse professionals

    This section requires the Secretary to update the current 
regulatory definition of a substance abuse professional to 
include State licensed or certified mental healthcounselors, as 
well as individuals certified as addiction specialists by the American 
Academy of Health Care Providers in the Addictive Disorders.

Sec. 4130. Interstate van operations

    This section directs the Secretary to extend the Federal 
motor carrier safety regulations found in 49 Code of Federal 
Regulations, Parts 387, 390 through 399 to all operations of 
commercial motor vehicles designed to transport between nine 
and fifteen passengers (including the driver), regardless of 
their operational distance. This section amends the final rule 
issued by the DOT on August 12, 2003.
    The Committee intends the Secretary to address this 
situation through the rulemaking process. As part of the 
rulemaking, the Secretary shall amend the final rule addressing 
commercial motor vehicles transporting nine to fifteen 
passengers to specifically exempt vanpool operations as defined 
by section 132(f) of the Internal Revenue Code. The rulemaking 
also exempts stretch sedan limousines that are designed to seat 
nine to fifteen passengers. The rulemaking does not exempt SUV 
stretch limousines, or super stretch sedan limousines that are 
designed to seat sixteen or more passengers (including the 
driver).

Sec. 4131. Hours of service for operators of utility service vehicles

    This section provides an exemption for drivers of utility 
service vehicles from federal, State, and local laws, rules, 
regulations, or standards that limit the number of hours 
operators of utility service vehicles may remain on duty.

Sec. 4132. Technical corrections

    Subsection (a) adds the Administrator as a member of the 
Intermodal Transportation Advisory Board.
    Subsection (b) changes the reference from ``Regional 
Director'' to ``Field Administrator'', that position's correct 
title since the creation of the FMCSA in the Motor Carrier 
Safety Improvement Act of 1999.

Sec. 4133. Intrastate and foreign operations of interstate motor 
        carriers

    This provision permits DOT to determine whether a motor 
carrier or operator is fit to operate a commercial motor 
vehicle by considering their safety record while operating in 
interstate, intrastate, and Canadian and Mexican commerce.

Sec. 4134. Operators of vehicles transporting agricultural commodities 
        and farm supplies

    This section continues to allow for operators of vehicles 
transporting agricultural commodities and farm supplies to not 
be subject to federal, State, and local laws, rules, 
regulations, or standards that limit the number of hours motor 
vehicle operators may remain on duty. This applies to operators 
transporting agricultural commodities during planting and 
harvest periods within a 100 air mile radius from the location 
of the distribution point for the farm supply.

Sec. 4135. Hours of service rules for operators providing 
        transportation to movie production sites

    This section permits operators of commercial motor vehicles 
transporting property or passengers to or from a movie or 
television production site to be regulated by the Hours of 
Service regulations in effect on April 27, 2003.

               Subtitle B--Household Goods Transportation

    Oversight of the interstate household goods moving industry 
had been the responsibility of the Interstate Commerce 
Commission (ICC) prior to the ``sun-setting'' of the ICC by the 
ICC Termination Act of 1995. Most Federal oversight 
responsibilities for the transportation of household goods were 
transferred to the FHWA and later transferred to FMCSA upon 
enactment of MCSIA in 1999. FHWA and then FMCSA, focused their 
limited resources on its primary mission of highway safety, 
rather than on consumer protection. The lack of Federal 
oversight has permitted unscrupulous ``rogue'' household goods 
movers to exploit this regulatory gap.
    Subtitle B of title IV of this bill provides greater 
protection to consumers shipping their household goods via 
motor carrier. However, the provisions in Subtitle B of title 
IV of this bill only relate to the movement of household goods 
motor carriers and brokers. For purposes of this subtitle, 
``household goods motor carrier'' means a carrier that provides 
as part of its transportation services the inventorying, 
packing, unpacking, loading, and Unloading of household goods.

Sec. 4201. Federal-State relations relating to transportation of 
        household goods

    This section confers authority to a State Attorney General 
of any state to bring a civil action on behalf of its residents 
in an appropriate district court of the United States to compel 
a motor carrier to relinquish possession of a household goods 
shipment or to pay a civil penalty assessed under section 
14915.
    For purposes of bringing any civil action under this 
section, nothing in this section shall prevent a State Attorney 
General from exercising the powers conferred on the attorney 
general by the laws of such State to conduct investigations or 
to administer oaths or to compel the attendance of witnesses or 
the production of documentary and other evidence.
    Whenever a civil action has been instituted on a defendant 
by, or on behalf of, the Secretary for violation of any 
provision specified in this section, a State may not institute 
a civil action under this section. A civil action under this 
section may be brought in the district in which the defendant 
is found, resides, or transacts business or whenever venue is 
proper under section 1391 of title 28.
    This section allows State attorneys general to pursue civil 
penalties in any appropriate district court of the United 
States in cases where a ``rogue mover'' committed repeated 
violations of holding household goods hostage. This ability to 
enforce Federal law by State officials will be a huge step 
towards improving the consumer protection that has been lacking 
since the termination of the ICC, and will help augment the 
limited Federal resources currently available. Although, this 
additional power may be seen by some as an infringement on the 
long-standing ``Carmack'' amendment, the Committee was careful 
not to touch upon any more than was necessary to ensure proper 
enforcement at the State level.

Sec. 4202. Arbitration requirements

    This section requires household goods carriers to offer 
shippers arbitration on all matters related to loss and damage, 
including disputes about charges. This section also increases 
the threshold for binding arbitration from $5,000 to $10,000. 
These two changes will provide the consumer with more options 
for settling disputes when they arise.

Sec. 4203. Civil penalties relating to household goods brokers and 
        unauthorized transportation

    This section creates civil penalties for household goods 
brokers who provide estimates prior to entering into a contract 
with a household goods mover. This section also creates a civil 
penalty for anyone who transports household goods in interstate 
commerce without having the authority to conduct that activity.

Sec. 4204. Civil penalty for holding household goods hostage

    This section creates civil penalties for anyone who holds a 
person's household goods hostage once full payment (up to 110% 
of the estimate) has been made. The civil penalty for holding 
household goods hostage shall not be less than $10,000, and if 
the person holding the goods hostage is a motor carrier, the 
carrier's operating authority will be suspended for 6 months.
    This legislation codifies existing regulations that require 
a carrier to give up possession of a household goods shipment 
provided the shipper pays the mover 100 percent of a binding 
estimate of the charges, or 110 percent of a non-binding 
estimate of the charges.
    One of the most important parts of Subtitle B of Title IV, 
is the new definition and penalties for the practice of holding 
household goods hostage. This situation arises when a household 
goods motor carrier informs the shipper that the charges for 
shipping or unloading the shipper's possessions have double, 
tripled, or even quadrupled, and the only way the carrier will 
unload the goods is upon payment of these higher charges. These 
actions, conducted primarily by ``rogue movers,'' have gone 
largely unchecked in recent years. With the addition of civil 
penalties, Federal and State enforcement personnel have 
tremendous powers to prosecute these individuals.

Sec. 4205. Working group for development of practices and procedures to 
        enhance Federal-State relations

    This section requires the Secretary to create a working 
group of State attorney generals, State consumer protection 
administrators and Federal and local law enforcement officials 
for the purpose of developing uniform enforcement procedures 
with respect to interstate transportation of household goods.

Sec. 4206. Consumer handbook on DOT Web site

    This section requires the Secretary to publish a handbook 
about consumer's rights in readily understandable language and 
display it prominently on the DOT Web site.

Sec. 4207. Release of household goods broker information

    This section requires the Secretary to modify the 
regulations to require household goods brokers to provide 
shippers, or potential shippers, with information about the 
motor carriers the broker uses, the broker's DOT identification 
number, the general information handbook, and a statement that 
the broker is not a motor carrier.
    The Committee intends to deter the current practice of some 
brokers who advertise over the Internet, providing a low 
estimate without seeing the items to be shipped, then trying to 
find a carrier to transport the household goods without regard 
to the rate the broker quoted the shipper.

Sec. 4208. Consumer complaint information

    This section requires the Secretary to establish a system 
for logging consumer complaints about household goods movers in 
a database accessible to the public. This section also requires 
the Secretary to establish a way for carriers to correct any 
incorrect information on the database. The Secretary is 
encouraged to use this information when determining which 
carriers should be the subject of a commercial investigation.

Sec. 4209. Insurance regulations

    This section directs the Secretary to review current 
regulatory requirements regarding insurance coverage provided 
by household goods motor carriers to shippers. The review 
should determine whether the current regulations provide 
adequate protection, whether the shipper should purchase 
insurance as opposed to the carrier, and whether there are 
abuses of the current regulations that leave shippers 
unprotected.

Sec. 4210. Estimating requirements

    This section requires household goods motor carriers to 
provide written estimates for shipments of household goods. 
When providing these estimates, the motor carrier must conduct 
a physical survey of the household goods to be transported. A 
shipper may waive the on-site survey, but a copy of the waiver 
must accompany the estimate and remain as an addendum to the 
bill of lading.
    This section also provides definitions of binding, and non-
binding, estimates. The binding estimate guarantees the total 
cost of the move based upon the quantities and services shown 
on the estimate.

Sec. 4211. Application of State consumer protection laws to certain 
        household goods carriers

    This section requires the GAO to conduct a study of the 
impact on motor carriers and shippers of household goods if 
State attorneys general and consumer protection agencies were 
allowed to enforce their State consumer protection laws and 
regulations with respect to interstate transportation of 
household goods. The GAO shall provide a report to Congress on 
the results of this study within 18 months of the date of 
enactment of this Act.

Sec. 4212. Applicability to household goods motor carriers

    This section defines household goods motor carrier as in 
the business of providing transportation of household goods, 
and offering some or all of the following services: binding and 
non-binding estimates, inventorying, protective packing and 
unpacking of individual items, and loading and unloading at 
personal residences.

Sec. 4213. Violations of out-of-service orders

    This section creates criminal liability for household goods 
motor carriers who knowingly and willfully operate a commercial 
motor vehicle in violation of an out-of-service order.

Sec. 4214. Criminal penalty for holding goods hostage

    This section creates a criminal penalty for a household 
goods motor carrier who knowingly and willfully holds household 
goods hostage by falsifying documents or demanding payment of 
charges for services that were not performed or were not 
necessary.

                           TITLE V--RESEARCH

                          Subtitle a--funding

Sec. 5101. Authorization of appropriations

    This section provides authorizations for the programs in 
the Research Title. The Surface Transportation Research Program 
and the Technology Deployment program, which were separate 
programs in the Transportation Equity Act for the 21st Century 
(TEA 21), are now merged into one program--the Surface 
Transportation Research, Development, and Deployment Program.

Sec. 5102. Obligation ceiling

    This section establishes the obligation ceiling for fiscal 
years 2004 through 2009.

Sec. 5103. Findings

    This section includes congressional findings related to the 
importance of transportation research and development.

            Subtitle B--Research, Technology, and Education

Sec. 5201. Research, technology and education

    This section establishes basic principles for 
transportation research, including the federal responsibility 
and role, stakeholder input, competition, and performance 
review. This section provides the Secretary with authority to 
enter into cooperative agreements and establishes a mechanism 
to facilitate ``pooled funding'' of projects when several 
states wish to fund a research project of common interest to 
those states.
    One of the principles governing research and technology 
investments directs that the Federal highway research program 
would become more oriented toward exploratory advanced 
research. The 20-year Long-Term Pavement Performance Program, 
initiated in the late 1980's will be continued to its 
conclusion in 2009. The role and function of the Turner-
Fairbank Highway Research Center is codified in law.

Sec. 5202. Long-term Bridge Performance Program; Innovative Bridge 
        Research and Deployment Program

    This section establishes a 20-year Long-Term Bridge 
Performance Program, modeled on the Long-Term Pavement 
Performance Program. An Innovative Bridge Research and 
Deployment program to demonstrate innovative designs and 
construction methods for the construction, repair and 
rehabilitation of bridges is established.

Sec. 5203. Surface Transportation Environment and Planning Cooperative 
        Research Program

    This section establishes a new research program to study 
the interaction between transportation and the environment. The 
program will be managed and administered by the National 
Academy of Sciences. An Advisory Committee, appointed by the 
Secretary, and with a balanced membership representing 
transportation and environmental perspectives, will recommend 
the national research agenda for this program.

Sec. 5204. Technology deployment

    This section establishes an Innovative Pavement Research 
and Deployment program to demonstrate innovative pavement 
technologies, practices, and performance. The goals of this 
program include new, cost-effective designs to extend pavement 
life and performance, and the reduction of both initial cost 
and life-cycle cost of pavements. A Safety Innovation 
Deployment Program is established to foster the deployment and 
evaluation of safety technologies and innovations at State and 
local levels.

Sec. 5205. Training and education

    The National Highway Institute--the training office of the 
Federal Highway Administration--is continued and the general 
topics for courses that it develops and administers are 
specified. The Local Technical Assistance program is 
reauthorized. The federal share for State LTAP grant recipients 
is up to 50 percent and the share for tribal technical 
assistance centers is 100 percent. Federal law is revised to 
allow states to spend NHS, IM, STP, CMAQ, and Bridge funds for 
transportation workforce development, training, and education. 
The federal share is 100 percent for the workforce development 
activities. This section also authorizes the Garrett A. Morgan 
Technology and Transportation Education program.

Sec. 5206. Freight Planning Capacity Building

    This section establishes a Freight Planning Capacity 
Building Program to improve the capabilities of Metropolitan 
Planning Organizations (MPOs) and other planning agencies in 
transportation planning for freight.

Sec. 5207. Advanced Travel Forecasting Procedures Program

    TRANSIMS is a state-of-the-art travel forecasting model 
that will have special utility for large MPOs in areas with air 
quality problems. Funding grants to states and MPOs will 
support deployment of this forecasting model.

Sec. 5208. National Cooperative Freight Transportation Research Program

    The National Academy of Sciences will manage and administer 
a freight transportation research program. The program's 
purpose is to discover improved ways to provide surface 
transportation mobility for freight movement. An Advisory 
Committee will be appointed by the Academy and will include a 
representative cross-section of freight stakeholders. The 
Advisory Committee is directed to recommend a national research 
agenda for this program.

Sec. 5209. Future Strategic Highway Research Program

    This section establishes the Future Strategic Highway 
Research Program (F-SHRP), which is to be carried out by the 
National Academy of Sciences. F-SHRP is modeled on the 
Strategic Highway Research Program that was established by 
Congress in 1987. TEA 21 directed a study be conducted to 
determine the research agenda for a new strategic highway 
research program. F-SHRP will carry out the recommendations 
made by the study and will focus on four specific research 
areas--renewal of aging highway infrastructure, human factors 
related to highway safety, reducing highway congestion, and 
planning and designing new highway capacity. Projects and 
researchers will be selected to conduct research for the 
program on the basis of merit and open solicitation of 
proposals.

Sec. 5210. Transportation Safety Information Management System Project

    Funding is provided over two years to develop a software 
system that will link driver licensing, vehicle registration, 
roadway inventory, and motor carrier databases. The purpose of 
this system is to more easily identify the cause of accidents, 
injuries, and fatalities, so that appropriate countermeasures 
can be developed.

Sec. 5211. Surface Transportation Congestion Relief Solutions Research 
        Initiative

    Two independent research programs are established to assist 
State DOTs and MPOs in measuring and addressing surface 
transportation congestion problems. These research programs 
will focus on the effectiveness of Congestion Management 
Systems and identify the best methods for acquiring and 
reporting congestion information. Funding is included for 
technical assistance and training.

Sec. 5212. Motor Carrier Efficiency Study

    This section provides funding to study the use of wireless 
technology to improve the safety and productivity of motor 
carrier freight transportation. The study will assess use of 
wireless technologies in fuel monitoring and management, Radio 
Frequency Identification technology, electronic manifest 
systems, and cargo theft prevention.

Sec. 5213. Transportation research and development strategic planning

    This section directs the Secretary to develop a five-year 
strategic plan for transportation research and development. The 
plan will describe the primary purposes of the transportation 
research and development program and describe the topic areas 
the Department intends to pursue to accomplish each purpose.

Sec. 5214. Limitation on Remedies for Future Strategic Highway Research 
        Program

    This section makes claims against the National Academy of 
Sciences, for activities conducted under 510 U.S.C. 23, subject 
to the same limitations and exceptions applicable to claims 
against the United States.

Sec. 5215. Center for Transportation Advancement and Regional 
        Development

    This section establishes a Center for Transportation 
Advancement and Regional Development to assist, through 
training and research, the development of rural and small 
metropolitan transportation systems.

      Subtitle C--University Transportation Research; Scholarship 
                             Opportunities

Sec. 5301. National University Transportation Centers

    This section provides for national university 
transportation centers and states that the role of such centers 
shall be to advance significantly transportation research on 
critical national transportation issues and to expand the 
workforce of transportation professionals.

Sec. 5302. University transportation research

    This section provides for grants to be made to University 
Transportation Centers (UTCs). Funding is available to ten 
Regional University Transportation Centers, ten Tier I Centers, 
and ten Tier II Centers. The purpose of UTCs is to 
significantly advance the state-of-the-art in transportation 
research and expand the workforce of transportation 
professionals through research, education and technology 
transfer. Regional UTCs, Tier I Centers, and Tier II Centers 
will be subject to competitive selection every four years and 
all institutions must meet eligibility criteria to qualify for 
competition. The research and education activities of each 
Center must support a national strategy for surface 
transportation research. Each Center must match each dollar of 
federal grant funds with one dollar of local funds.

Sec. 5303. Transportation scholarship opportunities program

    This section authorizes the Secretary to establish a 
scholarship program to attract qualified students for 
transportation-related critical jobs.

                   Subtitle D--Advanced Technologies

Sec. 5401. Advanced heavy-duty vehicle technologies research program

    Section 5401 directs the Secretary to conduct research, 
development, demonstration and testing on advanced heavy-duty 
vehicle technologies. The Secretary shall consult with the 
Secretary of Energy and the EPA Administrator. Projects must 
have a cost share of at least 50 percent from non-federal 
sources.

Sec. 5402. Commercial remote sensing products and spatial information 
        technologies

    This section directs the Secretary, in cooperation with 
NASA and a consortium of university research centers, to carry 
out a program to validate commercial remote sensing products 
and spatial information technologies for application to 
transportation infrastructure.

              Subtitle E--Transportation Data and Analysis

Sec. 5501. Bureau of Transportation Statistics

    This section provides for the appointment of the Director 
of the Bureau of Transportation Statistics (BTS) and defines 
the Director's responsibilities. The National Transportation 
Library is retained as part of BTS's activities. Several 
provisions are included on the collection of freight data, 
including a requirement for mandatory response by corporations 
to BTS requests for data. Safeguards are provided to prevent 
disclosure of freight data that can be identified with any 
corporation or individual. An Advisory Council on 
Transportation Statistics is established.

Sec. 5502. Reports of Bureau of Transportation Statistics

    This section describes uses and limits of reports produced 
by the Bureau of Transportation Statistics.

        Subtitle F--Intelligent Transportation Systems Research

Sec. 5601. Short title

    The short title is ``Intelligent Transportation Systems Act 
of 2004.''

Sec. 5602. Goals and purposes

    The goals and purposes of the Intelligent Transportation 
Systems Program are articulated. While the wording is different 
from TEA 21, the substance is similar.

Sec. 5603. General authorities and requirements

    This section grants the Secretary authority to use an 
advisory committee to carry out this subtitle.

Sec. 5604. National architecture and standards

    The Secretary is directed to develop, implement and 
maintain a national architecture for Intelligent Transportation 
Systems, as well as the supporting standards and protocols, to 
promote the widespread use of Intelligent Transportation 
Systems. The Secretary shall designate a panel of experts to 
advise the Secretary on ways to expedite development of 
standards. Any Intelligent Transportation Systems projects that 
use Highway Trust Fund monies shall conform to the national 
architecture and applicable standards.

Sec. 5605. Research and development

    The Secretary is directed to carry out a comprehensive 
Intelligent Transportation Systems research, development, and 
operational test program with priority given to enhancing 
mobility and productivity, enhancing safety, and integrating 
vehicle and infrastructure technologies.

Sec. 5606. Infrastructure development

    This section states that funds made available in this 
subtitle shall be used for ITS infrastructure and not for 
conventional highway and transit infrastructure.

Sec. 5607. Road weather research and development program

    This section establishes a program to enhance the 
development and use of road weather information and 
technologies.

Sec. 5608. Definitions

    This section defines key terms, including ITS, Intelligent 
Transportation Infrastructure, National Architecture, Standard, 
and Transportation Systems Management and Operations.

Sec. 5609. Rural interstate corridor communications study

    This section provides funding for a study on the 
feasibility of installing fiber optic cabling and wireless 
communication infrastructure along Interstate route corridors 
for improved communications services to rural communities.

Sec. 5610. Centers for surface transportation excellence

    This section directs the Secretary to establish three 
centers for surface transportation excellence--including 
centers for environmental excellence, rural safety, and project 
finance--and outlines the goals, roles, and administration of 
the centers.

Sec. 5611. Repeal

    The Intelligent Transportation Systems subtitle in TEA 21 
is repealed and replaced by the sections 5601--5608 described 
above.

Sec. 5612. Special rule for fiscal year 2004

    This section states that where fiscal year 2004 authorized 
amounts in this title differ from fiscal year 2004 authorized 
amounts in the Surface Transportation Extension Act of 2004, 
Part V (STEA Part V), then STEA Part V governs.

         TITLE VI--TRANSPORTATION PLANNING AND PROJECT DELIVERY

Sec. 6001. Transportation planning

    This section creates a new chapter 52 in title 49 to 
address transportation planning and environmental review for 
transportation projects. Existing planning provisions for the 
highway (sections 134 and 135 in title 23) and transit programs 
(sections 5303-5305 in title 49) are combined to form a unified 
planning title. Minor adjustments are made to eliminate 
inconsistencies and to reflect updated terminologies and 
practices.
    The section also extends the update cycle of metropolitan 
long-range transportation plans from 3 years under current 
regulation to 4 years. It extends the update cycle of 
metropolitan transportation improvement programs (TIPs) from 2 
years under current law to 4 years. It requires MPOs to include 
in their TIPs projects that are designed to meet the set-aside 
requirements (for a portion of a state's annual apportionments 
for NHS, CMAQ, STP, Interstate Maintenance, and Bridge 
programs) for congestion relief activities as mandated under 
section 139 of title 23.
    The section similarly extends the update cycle of state 
transportation improvement programs from 2 years to 4 years. It 
requires the state transportation improvement program to 
reflect the priorities for congestion relief activities that 
are included in the metropolitan TIPs.

                    Subchapter A--General Provisions

Sec. 5201. Definitions

    All transportation planning definitions used throughout 
chapter 52, title 49 U.S.C. are included in this section.

                 Subchapter B--Transportation Planning

Sec. 5211. Policy

    This section is consistent with section 134 of title 23, 
United States Code and metropolitan planning provisions in 
sections 5303 and 5304 of title 49, United States Code.

Sec. 5212. Definitions

    Definitions from section 101(a) of title 23 and section 
5302 are applicable to this subchapter. In subsection (b) six 
definitions used in this subchapter are listed. These include 
metropolitan planning area, metropolitan planning organization, 
non-metropolitan area, non-metropolitan local official, TIP, 
and urbanized area.

Sec. 5213. Metropolitan transportation planning

    Subsection (a) describes the general requirements for 
metropolitan transportation planning. More specifically, it 
directs MPOs, in cooperation with States and public 
transportation operators, to develop long-range transportation 
plans and transportation improvement programs. These plans and 
Transportation Improvement Programs (TIPs) will encompass all 
modes of transportation and will be intermodal in nature.
    Subsection (b) specifies the method by which MPOs are 
designated. Every urbanized area with a population of more than 
50,000 people will have an MPO either by agreement between the 
Governor and local officials representing at least 75 percent 
of the affected population or in accordance with State and 
local law. Each MPO will consist of local officials, officials 
of major local metropolitan transportation agencies and 
appropriate State officials. Once an MPO is designated, it will 
remain so designated until it is redesignated under the 
procedures outlined in section 5213(b)(5) or (6).
    Subsection (c) describes the methods for determining the 
boundaries of metropolitan planning areas that do not cross 
State lines. This subsection is consistent with section 134(c) 
of title 23, United States Code.
    Subsection (d) outlines methods for coordinating the 
planning process between responsible parties in metropolitan 
areas spanning two or more states.
    Subsection (e) involves coordination and consultation 
between MPOs in the event of jurisdictional conflicts. This 
must occur in cases in which more than one MPO has jurisdiction 
over an area or an area is designated as a nonattainment area 
for ozone or carbon monoxide under the Clean Air Act. 
Coordination between MPOs will also occur if a transportation 
improvement funded by the Highway Trust Fund (HTF) runs through 
more than one MPO.
    Section 5213(e)(3) provides that when planning 
transportation projects, the Secretary will encourage each MPO 
to consult with officials involved in planning activities that 
are affected by transportation in the area. These affected 
activities include such things as State and local planned 
growth, economic development, environmental protection, airport 
operations, and freight movements. The subsection also requires 
that transportation plans consider other transportation 
services within the metropolitan area that are provided by 
other governmental agencies and nonprofit organizations, so 
that metropolitan transportation services can be more 
coordinated.
    Section (f) outlines the goals and objectives MPOs should 
strive to attain when planning area transportation projects. 
Projects should support economic vitality, increase the safety 
and security of the transportation system, increase 
accessibility and mobility for both people and freight, protect 
and enhance the environment, promote integration between the 
various modes of transportation, as well as maintaining 
efficiency of the current transportation system. This 
subsection also states that failure to consider any and all of 
the objectives described in section 5213(f)(1) may not be 
reviewed by any court.
    Subsection (g) details the contents of transportation plans 
and the process MPOs must follow when developing such plans.
    Subsection (h) details the contents of metropolitan 
transportation improvement programs (TIPs) and the process MPOs 
must follow when developing TIPs. Included in each TIP should 
be a funding estimate, a priority project list, a description 
of each project, and a financial plan. TIPs will be published 
for public comment. Unlike current law section 134(h)(1)(D) of 
title 23, U.S.C., this subsection specifically details that 
TIPs must be updated at least every 4 years, as opposed to 
every 2 years under current law. This section requires the 
project description in the TIP to include sufficient 
descriptive material, such as the ``type of work, termini, 
length, and other similar factors'', to identify the project or 
phase of the project. In addition, the TIP shall include a 
listing of congestion relief activities in 5213(h)(2)(D).
    Subsection (i) involves transportation management areas, 
which are defined as urbanized areas with a population over 
200,000. The transportation plans in these areas are based on a 
continuing and comprehensive planning process carried out by 
the MPO. Congestion management is achieved through the use of 
travel demand reduction and operational management strategies. 
Congestion relief activities under section 139 of title 23 are 
also to be used. The Secretary must certify that the planning 
process for each transportation management area is being 
carried out in accordance with Federal law no less often than 
every 4 years. This is a change from current law, which 
mandates certification every 3 years. The Secretary has the 
authority to withhold up to 20 percent of the funds 
attributable to the MPO if the metropolitan planning process of 
an MPO serving a transportation management area is not 
certified.
    Subsection (j) gives the Secretary the authority to permit 
an abbreviated transportation plan and a TIP for a metropolitan 
planning area if deemed appropriate, except if the metropolitan 
planning area is in nonattainment for ozone or carbon monoxide 
under the Clean Air Act.
    Subsection 134(k) of 23 U.S.C. under current law, 
concerning funds for highways and transit being transferred to 
the Secretary in accordance with title 23, has been deleted 
because the transferability provisions contained in section 
104(k) of title 23 already apply to all transfers of highway 
funds to transit, and to the transfer of transit funds to 
highways.
    Subsection (k) is consistent with subsection 134(l) of 
current law and states that a metropolitan planning area 
classified as nonattainment for ozone and carbon monoxide under 
the Clean Air Act may not receive funds for any highway project 
that will result in a significant increase in single-occupant 
vehicles. The only exception would be if the project were 
addressed through a congestion management process.
    Subsection (l) is consistent with subsection 134(m) of 
current law. This section states that MPOs do not have the 
authority to impose legal requirements on any transportation 
facility, provider, or project not eligible under title 23, 
United States Code or chapter 53 of title 49, United States 
Code.
    Subsection (m) is consistent with section 134(n) of title 
23, United States Code and specifies that funding for the 
metropolitan transportation planning shall be provided under 
section 104(f) of title 23 and under section 5338(c) of title 
49, United States Code.
    Subsection 134(n) is consistent with existing law 
subsection 5213(n) and section 134(o) of title 23. It restates 
current methods of review for projects included in plans and 
programs under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.).

Sec. 5214. Statewide transportation planning

    Subsection (a) requires states to develop statewide 
transportation plans, to cover a period of 4 years and to be 
updated every 4 years. The statewide transportation plan must 
provide for integrated transportation facilities, including 
accessible facilities, and be intermodal in nature.
    Subsection (b) is consistent with subsection 135(b) of 
title 23, USC, but adds new language to recognize the 
importance of coordinating trade and economic development with 
transportation planning. This subsection also requires the 
State to develop the transportation portion of the State 
implementation plan as required by the Clean Air Act (42 U.S.C. 
7401 et seq.).
    Subsection (d) regarding the scope of the planning process 
(under existing section 135(c)) is amended to reflect the 
concept that not only projects, but also 
transportationservices, are developed through the planning process. In 
section 5214(d)(1)(A), the term ``non-metropolitan areas'' is inserted 
into this factor after ``States,'' to require States to consider 
economic vitality for rural areas.
    Subsection (e) corresponds to 135(d) in title 23, and lays 
out additional requirements for states to consider in carrying 
out planning.
    Subsection (f) is consistent with current law provisions 
regarding a state's development of 20-year, long-range 
transportation plans under section 135(e) of title 23, USC.
    Subsection (g), regarding statewide transportation 
improvement programs, is consistent with subsection 135(f) of 
title 23, United States Code. This subsection has been 
reorganized and it deletes some current law provisions that 
have been superseded. Section 135(f)(1)(B)(ii)(II) required 
that States submit to the Secretary, within one year of TEA-
21's passage, the details of their consultation process with 
non-metropolitan officials. This requirement has been 
accomplished, so the provision has been eliminated. Subsection 
5214(g)(4)(H) is a new provision to ensure that the 
transportation improvement program reflect the priorities for 
congestion relief required under section 139 of title 23, USC, 
as added in this Act. Subsection 5214(g)(5) combines 
135(f)(3)(A) and (B) of current law. This subsection, 
concerning project selection in areas with populations of less 
than 50,000 people, adds projects from state-managed public 
transportation programs authorized under sections 5310, 5311, 
5316, and 5317 of title 49, United States Code to the list of 
projects to be selected from the TIP by the State in 
consultation with affected local metropolitan transportation 
officials. Subsection 5214(g)(6) states that the Secretary must 
approve a transportation improvement program at least every 4 
years, as opposed to a biennial review mandated in current law.
    In subsection (h), funding for statewide transportation 
planning is provided under subsection 104(i) of title 23 and 
under section 5338(c) of title 49, United States Code.
    Subsections (i) and (j) are identical to existing law 
subsections 135(h) and 135(i), respectively.

Sec. 6002. Efficient environmental reviews for project decisionmaking

    Subsection (a) recognizes Enlibra principles as a sound 
basis for interaction among Federal, state, and local 
governments and Indian tribes. It encourages the adoption of 
these principles in the development of highway construction and 
transit projects. This section is intended as a statement of 
policy. It is not intended to establish enforceable rights or 
to modify any existing legal standards applicable to the 
environmental review process for such projects.
    Subsection (b) creates a new Subchapter C of Chapter 52 of 
Title 49 to address efficient environmental reviews for project 
decisionmaking.

       Subchapter C--Efficient Environmental Reviews for Project 
                             Decisionmaking

Sec. 5251. Definitions and applicability

    This section sets forth definitions applicable to this 
subchapter.

Sec. 5252. Project development procedures

    This section establishes comprehensive project development 
procedures for projects that require the approval of the U.S. 
Department of Transportation. These procedures must be followed 
for all projects that require preparation of an environmental 
impact statement (EIS) under NEPA and may be followed for any 
project that involves preparation of an environmental 
assessment (EA) or categorical exclusion (CE). The decision 
about whether to use these procedures for EA or CE projects is 
committed to the discretion of the Secretary of Transportation, 
acting in consultation with the project sponsor.
    Subsection (a) establishes the U.S. Department of 
Transportation as the lead agency in the environmental review 
process for any highway, transit, or multimodal project that 
requires the Department's approval. As the lead agency, the 
Department is responsible for the overall direction of the 
environmental review process. The specific responsibilities of 
the lead agency are defined in this section. This section also 
requires any project sponsor that is a state or local 
government entity receiving funds under Title 23 or Title 52 to 
serve as a ``joint lead agency'' in the environmental review 
process. The Federal lead agency and the State or local agency 
jointly constitute the ``lead agency'' for purposes of this 
section; accordingly, any decisions to be made by the lead 
agency under this section must be made jointly by the Federal 
lead agency and the State or local government that serves as 
project sponsor. A project sponsor that is not a State or local 
government (e.g., a project sponsor that is a private company) 
cannot serve as a joint lead agency.
    Subsection (b) establishes a new concept of a 
``participating agency.'' This concept is intended to be 
distinct from, and more inclusive than, the concept of a 
``cooperating agency'' as established in the Council on 
Environmental Quality (CEQ) regulations for the NEPA process. 
The status of ``cooperating agency'' generally has been 
assigned only to those agencies that are expected to play an 
extensive role--in particular, an agency that has a permitting 
responsibility with respect to a project. The term 
``participating agency'' is intended to be more inclusive, so 
that it encompasses all cooperating agencies as well as any 
other agencies that submit comments, participate in inter-
agency review meetings, or otherwise are engaged in the 
environmental review process. The lead agency must identify 
agencies that may have an interest in the project and extend an 
invitation to participate. The legislation specifically states 
that designation as a participating agency does not signify 
support for a project; it is simply a means of identifying the 
universe of agency participants who must be consulted by the 
lead agency during the process.
    Subsection (c) establishes a new requirement for a project 
initiation notice. The purpose of this requirement is to 
provide an opportunity for the project sponsor to identify the 
specific highway project, transit project, or multimodal 
project that is being proposed for evaluation in the 
environmental review process. At the discretion of the project 
sponsor, the project initiation notice may include a general 
description of policies, plans, studies, legislation, or other 
materials that relate to the proposed project. Such information 
shall be considered by the lead agency in determining the scope 
of review needed in the environmental review process, including 
decisions on issues such as the definition of the proposed 
action, the purpose and need, the range of alternatives, and 
the approach to evaluating secondary and cumulative impacts.
    Subsection (d) makes the lead agency responsible for 
defining the purpose and need, following an opportunity for 
involvement by other agencies and the public, and identifies 
the types of objectives that may be included in a statement of 
purpose and need. The level of involvement required under this 
section shall be determined by the lead agency on a case by 
case basis, taking into account the overall size and complexity 
of the project. The opportunity for involvement in developing 
the purpose and need may be combined with other public 
involvement and agency coordination activities, including 
involvement in developing the range of alternatives to be 
considered. The lead agency's definition of purpose and need is 
not binding on other agencies that have independent 
responsibilities to comply with NEPA. However, other agencies 
shall show substantial deference to the purpose and need as 
defined by the lead agency as required under applicable Council 
on Environmental Quality (CEQ) guidance, dated May 12, 2003; 
nothing in this section shall be construed to limit or override 
the guidance provided in that memorandum, or to preempt or 
limit any obligations to comply with the National Environmental 
Policy Act (NEPA) and the regulations issued to implement NEPA 
including those issued by CEQ. The list of project objectives 
provided in this section is not intended to be exhaustive; 
these are examples of the types of objectives that may be 
included in a purpose and need statement for a highway, 
transit, or multimodal project.
    Subsection (e) makes the lead agency responsible for 
defining the range of alternatives to be considered, following 
an opportunity for involvement by other agencies and the 
public. The level of involvement required under this section 
shall be determined by the lead agency on a case by case basis, 
taking into account the overall size and complexity of the 
project. The opportunity for involvement in determining the 
range of alternatives may be combined with other public 
involvement and agency coordination activities, including 
involvement in developing the purpose and need. This section 
also establishes that the lead agency is responsible for 
determining the methodologies to be used in evaluating 
alternatives, and requires that determination to be made in 
collaboration with the participating agencies. In this context, 
collaboration means a cooperative and interactive process. It 
is not necessary for the lead agency to reach consensus with 
the participating agencies on these issues; the lead agency 
must work cooperatively with the participating agencies and 
consider their views, but the leadagency remains responsible 
for decisionmaking. However, the intent is to require meaningful 
deliberation about alternatives, as evidenced by the subsection 
specifying that, should the lead agency develop a preferred 
alternative, this must not hinder impartial decision making on other 
alternatives.
    Subsection (f) is intended to establish default comment 
deadlines that apply in the absence of a specific decision by 
the lead agency to allow a longer period for comments to be 
submitted. This section establishes 60 days as the norm for 
comments on a Draft EIS and 30 days for all other comment/
review periods. Lead agencies should provide public notice 
about when a comment period starts and concludes. The 
legislation allows the lead agency the flexibility to establish 
a shorter or longer time frame if there is good cause to do so. 
In addition, this section allows the lead agency to extend the 
comment deadline at any time in the environmental review 
process; while it is preferable to establish a realistic 
schedule as early as possible, this section does not establish 
a specific point in the process by which time extensions must 
be granted.
    Subsection (g) establishes a process for identifying and 
resolving issues that have the potential to delay the 
environmental review process or prevent an agency from granting 
a permit or other approval that is needed for a project. The 
participants in the environmental review process are encouraged 
to use similar procedures, to the extent practicable, to 
identify and resolve issues prior to initiation of the 
environmental review process. Nothing in this section is 
intended to preclude or limit any ongoing or future efforts by 
individual States to adopt procedures that call for agency 
coordination and dispute resolution efforts during the pre-NEPA 
planning stages of a project.
    Subsection (i) is intended to allow federal highway and 
transit funds to be provided to other State and Federal 
agencies to support activities that directly and meaningfully 
contribute to expediting and improving transportation project 
delivery. These funds may be used to support activities related 
to the review of a specific project during the environmental 
review process, such as reviewing and commenting on 
environmental documents or attending meetings. These funds also 
may be used to support activities that contribute to more 
efficient environmental reviews through early coordination 
activities prior to initiation of the environmental review 
(NEPA) process, and also may be used to support activities that 
contribute to improvements at a programmatic level, such as 
training of agency personnel, information gathering and 
mapping, and development of programmatic agreements.

Sec. 6003. Policy on historic sites

    This section amends section 303 of title 49 and section 138 
of title 23 to provide that requirements under such section(s) 
are deemed to be satisfied if an agreement under section 106 of 
the National Historic Preservation Act concludes that a 
transportation program or project will not have an adverse 
effect on an historic site, unless the Advisory Council on 
Historic Preservation determines that using the section 106 
consultation procedure to satisfy the requirements of such 
sections is inconsistent with the objectives of such Act. This 
section applies only to historic sites. In any case in which an 
historic site subject to section 106 includes, or is a part of 
a park, recreation area, or wildlife and waterfowl refuge 
protected under the sections cited above, this provision shall 
not apply to such parks, recreation areas or refuges.

Sec. 6004. Exemption of interstate system

    This section provides that the Interstate System itself 
shall not be considered a historic site for purposes of 23 
U.S.C. Sec. 138 or 49 U.S.C. Sec. 303(c)--the laws commonly 
known as ``Section 4(f).'' This section allows individual 
elements of the Interstate System to be considered historic 
sites for purposes of Section 4(f), if those elements possess 
an independent feature of historic significance.

Sec. 6005. Interstate compacts

    This section amends section 5213(d) of title 49, U.S.C., to 
direct that Congress must consent to interstate compacts 
between two or more states for cooperative transportation 
planning efforts. The Secretary will encourage Governors and 
members of multi-state MPOs to partake in interstate compacts 
consenting to cooperate in efforts to mutually assist 
interstate activities as well as establishing joint 
transportation agencies. The current law provisions regarding 
the Lake Tahoe Regional Planning Compact are included in this 
section.

Sec. 6006. Development of transportation plan

    This section amends section 5213(g) of title 49, U.S.C. to 
specify that MPOs must prepare and update their transportation 
plans no less frequently than every 4 years. (The current law 
update cycle is ``according to a schedule that the Secretary 
determines to be appropriate,'' which has been determined by 
regulation to be every 3 years in nonattainment or maintenance 
areas and every 5 years in attainment areas.)

Sec. 6007. Interstate agreements

    This section amends section 5214(c) of title 49, U.S.C. to 
authorize States to enter into compacts or agreements for the 
purpose of formal planning cooperation and coordination, since 
some projects are multi-state in nature.

Sec. 6008. Regulations relating to transportation planning

    This section directs the Secretary to issue regulations 
that are consistent with the unified transportation planning 
provisions in this title relating to the Clean Air Act.

Sec. 6009. Special rules relating to project development procedures

    This section amends section 5252 of title 49, United States 
Code, by adding new subsections (j) and (k).
    Subsection 5252(j) provides that, except as set forth under 
subsection 5252(k), nothing in section 5252 shall affect the 
reviewability of any final Federal agency action in a court of 
the United States. A savings clause provides that nothing in 
section 5252 shall be construed as superseding, amending, or 
modifying NEPA or any other Federal environmental statute.
    Subsection 5252(k) establishes a 90-day period for filing 
any lawsuit challenging a permit, license, or approval issued 
by a federal agency for a highway or transit project. This 
period starts when the lead agency gives public notice that a 
final decision has been issued and that a 90-day period for 
requesting judicial review has begun. This limitation is 
intended to apply to any permit, license, or approval issued by 
a state agency acting under authority delegated by a federal 
agency pursuant to federal law. The purpose of this limitation 
is to ensure that any claims challenging a highway project for 
failure to comply with federal law are filed within 90 days 
after the final agency action that is the subject of the legal 
challenge.

             TITLE VII--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 7001. Amendment of Title 49, United States Code

    This section establishes that any reference to a section or 
other provision shall be considered a section or provision of 
title 49, United States Code, unless otherwise specified.

Sec. 7002. Findings and purpose

    This section establishes the Congressional findings of the 
hazardous materials title, and updates and clarifies the 
purpose of chapter 51.

Sec. 7003. Definitions

    This section modifies the definition of ``commerce'' to 
include transportation on a U.S.-registered aircraft anywhere 
in the world. This section also defines the term ``Secretary'' 
as the Secretary of Transportation, except where otherwise 
indicated.

Sec. 7004. General regulatory authority

    This section updates the terminology used to describe the 
materials the Secretary should designate as hazardous, as well 
as the terminology describing the transportation, and 
transportation-related, activities regulated by the DOT. This 
section amends current law to ensure that persons who design 
and inspect packages (or components of packages) are subject to 
the hazardous materials regulations. This section also 
clarifies that thehazardous materials regulations apply to 
persons who prepare or accept hazardous materials for transportation in 
commerce.

Sec. 7005. Chemical or biological materials

    This section requires the Secretary of Transportation to 
develop uniform standards governing the collection of 
information and transmission of the information for completing 
background checks on individuals transporting hazardous 
materials, and notification to those individuals of the results 
of the background checks. It also requires that drivers from 
Canada and Mexico who are transporting hazardous materials in 
the U.S. undergo similar background checks as those conducted 
on U.S. drivers who transport hazardous materials. It is the 
Committee's intent that these responsibilities be carried out 
by the Secretary of Transportation or his designee within the 
Department of Transportation. The Committee does not intend 
this section to redesignate responsibilities for security risk 
determinations currently being undertaken by the Department of 
Homeland Security. The Committee intends that this section adds 
to the current responsibilities of the Department of 
Transportation under 49 USC 5103a.

Sec. 7006. Representation and tampering

    This section updates the language in current law without 
changing the scope of the law.

Sec. 7007. Technical amendments

    This section provides technical amendments to update the 
terminology in current law.

Sec. 7008. Training of certain employees

    This section amends section 5107(f) of current law 
(redesignated in the bill as section 5107(g)) by deleting the 
reference to section 5108(a)-(g)(1) and (h), and section 5109, 
but retains the provision in current law that states that an 
action of the Secretary under subsections (a)-(d) of this 
section and section 5106 of this title is not an exercise of 
statutory authority, under section 4(b)(1) of the Occupational 
Safety and Health Act of 1970, to prescribe or enforce 
standards or regulations affecting occupational safety or 
health.
    This section also codifies the existing practice of 
providing hazardous materials training to maintenance-of-way 
employees and railroad signalmen.

Sec. 7009. Registration

    This section amends the current law to include those 
persons who design and inspect hazardous materials packages, or 
package components, as persons required to register with the 
Secretary. This change is consistent with the updated language 
in Section 7004 concerning persons who are subject to the 
hazardous materials regulations.
    Section 5108(g) is amended to require the Secretary to 
establish and collect a registration fee sufficient to cover 
the costs of processing the registration and that the Secretary 
must collect a fee at least large enough to cover processing 
costs from all entities otherwise exempted from paying the 
registration fee. This section reduces the maximum fee the 
Secretary may assess from $5,000 to $3,000.
    This section also requires the Administrator of RSPA to 
transmit the annual registration information required in 
section 5108 for motor carriers to FMCSA. The Committee intends 
to ensure that FMCSA has the most up-to-date information on 
motor carriers that transport hazardous materials and expects 
the transmittal of information to be done as expeditiously as 
possible.

Sec. 7010. Providing shipping papers

    This section requires that each person who prepares a 
shipping paper must make the disclosures that the Secretary 
prescribes by regulation.
    This section amends section 5110 to extend the time period 
shippers and carriers are required to retain shipping papers. 
Under current law, shippers and carriers are required to retain 
the shipping papers for one year after the hazardous material 
is no longer in transportation. This section requires shippers 
and carriers to retain shipping paper for two years after the 
shipping paper is prepared.

Sec. 7011. Rail tank cars

    This section repeals section 5111, which permits a rail car 
built before January 1, 1971, to be used for hazardous 
materials transportation only if the air brake equipment 
support attachments of the car comply with the standard for 
attachments contained in 49 CFR 179.100-16 and 179.200-19.

Sec. 7012. Unsatisfactory safety ratings

    This section amends section 5113 to provide that a motor 
carrier owner or operator transporting hazardous materials in 
commerce who, upon review of an unfavorable fitness 
determination, is determined by the Secretary to be ``unfit'' 
is subject to the civil penalties in section 5123 and the 
criminal penalties set forth in section 5124.

Sec. 7013. Training curriculum for the public sector

    This section updates the training curriculum to include 
appropriate emergency response training and planning programs 
developed with all Federal assistance, not just those under 
Federal grant programs.
    This section also makes the Secretary responsible for 
distribution and publication of the training curriculum.

Sec. 7014. Planning and training grants, monitoring, and review

    This section amends section 5116(b)(4) to require the 
Secretary to consider the report established in section 7022 of 
this bill when determining a State or Indian tribes' emergency 
response funding needs.
    This section also establishes the Secretary of 
Transportation as the lead for monitoring public sector 
emergency response planning and training. It also establishes a 
new account within the Treasury specifically for hazardous 
materials emergency preparedness.
    This section also allows the Secretary to use funds 
collected from the annual registration fees to publish and 
distribute the Emergency Response Guidebook.

Sec. 7015. Special permits and exclusions

    This section would clarify that the Secretary may issue a 
special permit to any person who performs a function regulated 
under section 5103(b)(1).
    This section would increase the maximum renewal period of 
special permits from two years to four years, except that 
special permits issued related to highway routing of hazardous 
materials are only renewable for a two-year period.

Sec. 7016. Uniform forms and procedures

    This section requires the Secretary to establish a working 
group to develop uniform forms and procedures for States to 
register and issue permits to persons who transport, or cause 
to be transported, hazardous materials in the State. The 
working group is required to develop a report of its 
recommendations for the Secretary to consider when issuing 
regulations to carry out a uniform State registration system. 
The working group is prohibited from proposing to limit any fee 
that a State may impose or collect.

Sec. 7017. International uniformity of standards and requirements

    This section amends current law to reflect that the 
Secretary may have additional international requirements, in 
addition to current international standards, that need to be 
met.

Sec. 7018. Administrative

    This section amends section 5121 to provide for enhanced 
authority to discover hidden shipments of hazardous materials 
and to clarify and enhance the inspection and enforcement 
authority of DOT officials and inspection personnel, thereby 
enabling them to more effectively identify hazardous materials 
shipments and to determine whether those shipments are made in 
accordance with the hazardous materials regulations. This 
proposal would expand DOT inspection authority to authorize a 
designated DOT officer or employee to: access, open, and 
examine a package (except for the packaging immediately 
adjacent to the hazardous materials contents) offered for or in 
transportation when the officer or employee has an objectively 
reasonable and articulable belief that the package may contain 
a hazardous material; remove from transportation a package or 
related packages in a shipment when the officer or employee has 
an objectively reasonable and articulable belief that the 
package or packages may pose an imminent hazard and 
contemporaneously documents that belief; gather information 
from the shipper, packaging manufacturer or retester, or others 
responsible for the package to determine the nature and hazards 
of the contents of the package; as necessary, order the 
shipper, packaging manufacturer or retester, or others 
responsible for the package to have the package transported to, 
opened, and the contents analyzed at an appropriate facility; 
and authorize properly qualified personnel to assist in the 
package opening and examination when safety might otherwise be 
compromised.
    This section also amends current law to require the 
Secretary to develop procedures to assist in the safe 
resumption of transportation of the package and transport unit 
when an inspection or investigation does not result in 
discovery of an imminent hazard. This section directs the 
Secretary to develop expedited procedures for hazardous 
materials that are perishable.
    The Committee believes strongly that DOT officials, law 
enforcement and inspection personnel must have the tools 
necessary to accurately determine whether hazardous materials 
are being transported safely and in accordance with the 
relevant law and regulations. To that end, the Committee 
supports the use of new technologies, such as the Hazmat 
Trucking Enforcer, that enable inspectors to conduct hazardous 
materials inspections in a more effective manner and to respond 
swiftly to any incident involving hazardous materials. The 
Committee notes that States must be in substantial compliance 
with a number of requirements under 49 U.S.C. 31102 as a 
condition of receiving MCSAP funding, including requirements to 
deploy technology to enhance the efficiency and effectiveness 
of commercial motor vehicle safety programs under 49 U.S.C 
31102(b)(1)(A), as amended.
    This section would also repeal a requirement that the 
Secretary maintain 30 hazardous materials safety inspectors 
more than the number authorized at the end of fiscal year 1990. 
PHMSA currently maintains inspectors in excess of this 
requirement.

Sec. 7019. Enforcement

    This section amends section 5122 to clarify the types of 
judicial relief, including a temporary or permanent injunction, 
punitive damages, and assessment of civil penalties, available 
to be granted in an action brought by the Attorney General. 
Subsection (b) is amended for clarity by changing the word 
``ameliorate'' to ``mitigate.''

Sec. 7020. Civil penalty

    This section amends section 5123 to increase the maximum 
civil penalty from $27,500 to $50,000 for each violation of a 
law or regulation under Chapter 51. In those cases resulting in 
death, serious illness, severe injury to any person, or 
substantial destruction of property, the Secretary would be 
able to increase the maximum penalty to $100,000.

Sec. 7021. Criminal penalty

    Section 5124 would be revised to include a new ``reckless'' 
standard and to define the ``knowing,'' ``reckless,'' and 
``willful'' mental-state standards necessary to establish a 
criminal violation. Section 5124(a) would be amended to provide 
that a person who knowingly, willfully, or recklessly violates 
chapter 51 or a regulation, order, special permit, or approval 
issued under that chapter, is subject to a fine imposed under 
title 18 and/or imprisonment of not more than 5 years. In cases 
where a violation involves the release of a hazardous material 
that results in death or bodily injury to any person, the 
maximum term of imprisonment is 10 years.
    Section 5124(c) defines a ``willful'' violation as when the 
person has knowledge of the facts giving rise to the violation 
and the person has knowledge that the conduct was unlawful.
    Section 5124(d) defines a ``reckless'' violation as when a 
person displays a deliberate indifference or conscious 
disregard for the consequences of his or her conduct.

Sec. 7022. Preemption

    This section adds language to ensure that when the 
preemption test required by this section is conducted, each 
requirement is independent in their application to the State or 
Indian tribe.

Sec. 7023. Relationship to other laws

    This section updates the language in the current law 
without changing the scope.

Sec. 7024. Judicial review

    This section adds a new section 5127 providing for judicial 
review of final actions taken by the Secretary under chapter 
51. This provision establishes the appropriate judicial forum 
for review of final agency actions in the areas of compliance, 
enforcement, civil penalties, rulemaking, and preemption.
    Under this proposal, the U.S. Court of Appeals for the 
District of Columbia or the U.S. Court of Appeals for the U.S. 
circuit in which a person seeking review resides or has his or 
her principal place of business would review the final action. 
The petition for review must be filed within 60 days after 
issuance of the order. The section describes judicial 
procedures, the authority of the court, and a requirement for 
prior objection.

Sec. 7025. Authorization of appropriations

    This section provides funding for the DOT to implement the 
programs and grants established and required in chapter 51 for 
fiscal years 2005 through 2007.

Sec. 7026. Determining amount of undeclared shipments of hazardous 
        materials entering the United States

    This section requires the GAO to conduct a study to propose 
methods to determine the amount of undeclared shipments of 
hazardous materials entering the United States.

Sec. 7027. Conforming amendments

    This section provides conforming amendments necessary for 
the changes made in Title VII.

      TITLE VIII--TRANSPORTATION DISCRETIONARY SPENDING GUARANTEE

Sec. 8001. Policy

    This section retains the principles of guaranteed funding 
levels and budgetary firewalls for the federal-aid highways 
program, Federal Motor Carrier Safety Administration, the trust 
fund portion of the National Highway Traffic Safety 
Administration, and the general fund and trust fund portion of 
the Federal Transit Administration.
    The Committee ordered the bill reported with the 
expectation that additional language would be proposed jointly 
by the Committee on Transportation and Infrastructure and the 
Committee on the Budget to address these issues.

            Legislative History and Committee Consideration

    H.R. 3 was introduced by Chairman Don Young, Ranking 
Minority Member James Oberstar, Subcommittee Chairman Tom 
Petri, and Subcommittee Ranking Minority Member Peter DeFazio 
and 71 cosponsors on February 9, 2005 and referred to the 
Committee on Transportation and Infrastructure. The Committee 
on Transportation and Infrastructure met on March 2, 2005 and 
adopted by voice vote, a manager's amendment offered by 
Committee Chairman Don Young. The Committee also approvedan 
amendment offered by Mr. Bachus, by voice vote, in addition to an 
amendment offered by Chairman Young, which passed by unanimous consent. 
Subsequently, the Committee ordered the bill as amended reported to the 
House by voice vote.

                            Roll Call Votes

    Clause 3(b) of rule XIII of the House of Representatives 
requires each committee report to include the total number of 
votes cast for and against on each roll call vote on a motion 
to report and on any amendment offered to the measure or 
matter, and the names of those members voting for and against. 
There were no recorded votes taken.

                      Committee Oversight Findings

    With respect to the requirements of clause 3(c)(1) of rule 
XIII of the Rules of the House of Representatives, the 
Committee's oversight findings and recommendations are 
reflected in this report.

                          Cost of Legislation

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives does not apply where a cost estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974 has been timely submitted prior to the filing of the 
report. Such a cost estimate will be included in a supplemental 
report.

                    Compliance with House Rule XIII

    1. With respect to the requirement of clause 3(c)(2) of 
rule XIII of the Rules of the House of Representatives, and 
308(a) of the Congressional Budget Act of 1974, the Committee 
references the report of the Congressional Budget Office that 
will be included in a supplemental report.
    2. With respect to the requirement of clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, the 
performance goals and objectives of this legislation are to 
provide for a safe, efficient, and improved surface 
transportation system.
    3. With respect to the requirement of clause 3(c)(3) of 
rule XIII of the Rules of the House of Representatives and 
section 402 of the Congressional Budget Act of 1974, the 
Committee references the cost estimate for H.R. 3 from the 
Director of the Congressional Budget Office that will be 
included in a supplemental report.

                   Constitutional Authority Statement

    Pursuant to clause (3)(d)(1) of rule XIII of the Rules of 
the House of Representatives, committee reports on a bill or 
joint resolution of a public character shall include a 
statement citing the specific powers granted to the Congress in 
the Constitution to enact the measure. The Committee on 
Transportation and Infrastructure finds that Congress has the 
authority to enact this measure pursuant to its powers granted 
under article I, section 8 of the Constitution.

                       Federal Mandates Statement

    The Committee will provide the estimate of federal mandates 
prepared by the Director of the Congressional Budget Office 
pursuant to section 423 of the Unfunded Mandates Reform Act in 
a supplemental report. (Public Law 104-4).

                        Preemption Clarification

    Section 423 of the Congressional Budget Act of 1974 
requires the report of any Committee on a bill or joint 
resolution to include a statement on the extent to which the 
bill or joint resolution is intended to preempt state, local, 
or tribal law. The Committee states that H.R. 3 does not 
preempt any state, local, or tribal law.

                Applicability to the Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act. (Public Law 
104-1).

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

TITLE 23, UNITED STATES CODE

           *       *       *       *       *       *       *

                                HIGHWAYS

Chap.                                                               Sec.
    1. Federal-Aid Highways.......................................   101
     * * * * * * *
    [5. Research and Technology...................................  501]
    5. Research, Technology, and Education........................   501
    6. Infrastructure Finance.....................................   601

                     CHAPTER 1--FEDERAL-AID HIGHWAYS

                   [SUBCHAPTER I--GENERAL PROVISIONS]

Sec.
101.  Definitions and declaration of policy
     * * * * * * *
139.  Motor vehicle congestion relief.
     * * * * * * *
150.  Deployment of intelligent transportation systems.
     * * * * * * *
165.  Construction of ferry boats and ferry terminal facilities.
166.  Transportation systems management and operations.
167.  State assumption of responsibilities for certain programs and 
          projects.
168.  HOV facilities.
     * * * * * * *

                 [SUBCHAPTER II--INFRASTRUCTURE FINANCE

[181.  Definitions.
[182.  Determination of eligibility and project selection.
[183.  Secured loans.
[184.  Lines of credit.
[185.  Project servicing.
[186.  State and local permits.
[187.  Regulations.
[188.  Funding.
[189.  Report to Congress.]

                   [SUBCHAPTER I--GENERAL PROVISIONS]

Sec. 101. Definitions and declaration of policy

  (a) Definitions.--In this title, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (3) Construction.--The term ``construction'' means 
        the supervising, inspecting, actual building, and 
        incurrence of all costs incidental to the construction 
        or reconstruction of a highway, including bond costs 
        and other costs relating to the issuance in accordance 
        with section 122 of bonds or other debt financing 
        instruments and costs incurred by the State in 
        performing Federal-aid project related audits that 
        directly benefit the Federal-aid highway program. Such 
        term includes--
                  (A) * * *

           *       *       *       *       *       *       *

                  (G) improvements that directly facilitate and 
                control traffic flow, such as grade separation 
                of intersections, widening of lanes, 
                channelization of traffic, traffic control 
                systems, and passenger loading and unloading 
                areas; [and]
                  (H) capital improvements that directly 
                facilitate an effective vehicle weight 
                enforcement program, such as scales (fixed and 
                portable), scale pits, scale installation, and 
                scale houses[.]; and
                  (I) surface transportation workforce 
                development, training, and education.

           *       *       *       *       *       *       *

          (17) Operating costs for traffic monitoring, 
        management, and control.--The term ``operating costs 
        for traffic monitoring, management, and control'' 
        includes labor costs, administrative costs, costs of 
        utilities and rent, and other costs associated with 
        transportation systems management and operations and 
        the continuous operation of traffic control, such as 
        integrated traffic control systems, incident management 
        programs, and traffic control centers.
          (18) Operational improvement.--The term ``operational 
        improvement''--
                  (A) means (i) a capital improvement for 
                transportation systems management and 
                operations, including installation of traffic 
                surveillance and control equipment, 
                computerized signal systems, motorist 
                information systems, integrated traffic control 
                systems, incident management programs, 
                equipment and programs for transportation 
                response to natural disasters, and 
                transportation demand management facilities, 
                strategies, and programs, and (ii) such other 
                capital improvements to public roads as the 
                Secretary may designate, by regulation; and

           *       *       *       *       *       *       *

          (30) Safety improvement project.--The term ``safety 
        improvement project'' means a project that corrects or 
        improves high hazard locations, eliminates roadside 
        obstacles, improves highway signing and pavement 
        marking, installs priority control systems for 
        emergency vehicles at signalized intersections, 
        installs or replaces emergency motorist aid call boxes, 
        installs fluorescent, yellow-green signs at pedestrian 
        or bicycle crossings or school zones, or installs 
        traffic control or warning devices at locations with 
        high accident potential.

           *       *       *       *       *       *       *

          [(2)] (38) Motor vehicle.--The term ``motor vehicle'' 
        means a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public streets, 
        roads, and highways, but does not include a vehicle 
        operated exclusively on a rail or rails.
          (39) Transportation systems management and 
        operations.--
                  (A) In general.--The term ``transportation 
                systems management and operations'' means an 
                integrated program to optimize the performance 
                of existing infrastructure through the 
                implementation of multimodal and intermodal, 
                cross-jurisdictional systems, services, and 
                projects designed to preserve capacity and 
                improve the security, safety, and reliability 
                of Federal-aid highways.
                  (B) Included activities and improvements.--
                The term includes regional operations 
                collaboration and coordination activities 
                between transportation and public safety 
                agencies and improvements such as traffic 
                detection and surveillance, arterial 
                management, freeway management, demand 
                management, work zone management, emergency 
                management, electronic toll collection, 
                automated enforcement, traffic operations 
                measures to improve capacity, traffic signal 
                coordination, optimization of traffic signal 
                timing, traffic incident management, 
                communications equipment related to traffic 
                incident management (including integrated, 
                interoperable, emergency communications 
                equipment), roadway weather management, 
                traveler information services, commercial 
                vehicle operations, traffic control, freight 
                management, and coordination of highway, rail, 
                transit, bicycle, and pedestrian operations.
          (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) It is hereby declared to be in the national interest to 
accelerate the construction of the Federal-aid highway systems, 
including The Dwight D. Eisenhower System of Interstate and 
Defense Highways, since many of such highways, or portions 
thereof, are in fact inadequate to meet the needs of local and 
interstate commerce, for the national and civil defense.

           *       *       *       *       *       *       *

  [It is further declared that since the Interstate System is 
now in the final phase of completion it shall be the national 
policy that increased emphasis be placed on the construction 
and reconstruction of the other Federal-aid systems in 
accordance with the first paragraph of this subsection, in 
order to bring all of the Federal-aid systems up to standards 
and to increase the safety of these systems to the maximum 
extent.]
  It is further declared that it is in the national interest to 
preserve and enhance the Dwight D. Eisenhower National System 
of Interstate and Defense Highways to meet the Nation's needs 
for the 21st century. The current urban and long distance 
personal travel and freight movement demands have surpassed the 
vision of the original Interstate System and travel demand 
patterns are expected to change. Continued planning for and 
investment in the Interstate System is critical to assure it 
adequately meets the changing travel demands of the future. 
Among the foremost needs that the Interstate System must 
provide are safe, efficient, and reliable (1) national and 
interregional personal mobility, (2) flow of interstate 
commerce, and (3) travel movements essential for national 
security. To the maximum extent, actions under this title 
should address congestion, safety, and freight transportation 
to provide for a strong and vigorous national economy. The 
Interstate System is hereby declared to be the Nation's 
premiere highway system, essential for the Nation's economic 
vitality, national security, and general welfare. The Secretary 
of Transportation is directed to take appropriate actions to 
preserve and enhance the Interstate System to meet the needs of 
the 21st century in accordance with this title.

           *       *       *       *       *       *       *

Sec. 102. Program efficiencies

  [(a) HOV Passenger Requirements.--
          [(1) In general.--A State transportation department 
        shall establish the occupancy requirements of vehicles 
        operating in high occupancy vehicle lanes; except that 
        no fewer than 2 occupants per vehicle may be required 
        and, subject to section 163 of the Surface 
        Transportation Assistance Act of 1982, motorcycles and 
        bicycles shall not be considered single occupant 
        vehicles.
          [(2) Exception for inherently low-emission 
        vehicles.--Notwithstanding paragraph (1), before 
        September 30, 2003, a State may permit a vehicle with 
        fewer than 2 occupants to operate in high occupancy 
        vehicle lanes if the vehicle is certified as an 
        Inherently Low-Emission Vehicle pursuant to title 40, 
        Code of Federal Regulations, and is labeled in 
        accordance with, section 88.312-93(c) of such title. 
        Such permission may be revoked by the State should the 
        State determine it necessary.]
  [(b)] (a) Access of Motorcycles.--No State or political 
subdivision of a State may enact or enforce a law that applies 
only to motorcycles and the principal purpose of which is to 
restrict the access of motorcycles to any highway or portion of 
a highway for which Federal-aid highway funds have been 
utilized for planning, design, construction, or maintenance. 
Nothing in this subsection shall affect the authority of a 
State or political subdivision of a State to regulate 
motorcycles for safety.
  [(c)] (b) Engineering Cost Reimbursement.--If on-site 
construction of, or acquisition of right-of-way for, a highway 
project is not commenced within [10 years (or such longer 
period as the State requests and the Secretary determines to be 
reasonable) after] 10 years (or such longer period as the State 
requests and the Secretary determines to be reasonable) after 
the date on which Federal funds are first made available, out 
of the Highway Trust Fund (other than Mass Transit Account), 
for preliminary engineering of such project, the State shall 
pay an amount equal to the amount of Federal funds made 
available for such engineering. The Secretary shall deposit in 
such Fund all amounts paid to the Secretary under this section.

Sec. 103. Federal-aid systems

  (a) * * *
  (b) National Highway System.--
          (1) * * *

           *       *       *       *       *       *       *

          (6) Eligible projects for NHS.--Subject to approval 
        by the Secretary, funds apportioned to a State under 
        section 104(b)(1) for the National Highway System may 
        be obligated for any of the following:
                  (A) * * *

           *       *       *       *       *       *       *

                  (Q) Capital, operating, and systems 
                maintenance costs for transportation systems 
                management and operations.
  (c) Interstate System.--
          (1) * * *

           *       *       *       *       *       *       *

          (5) Exemption of interstate system.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the Interstate System shall 
                not be considered to be a historic site under 
                section 303 of title 49 or section 138 of this 
                title, regardless of whether the Interstate 
                System or portions of the Interstate System are 
                listed on, or eligible for listing on, the 
                National Register of Historic Places.
                  (B) Individual elements.--Subject to 
                subparagraph (C), a portion of the Interstate 
                System that possesses an independent feature of 
                historic significance (such as a historic 
                bridge or a highly significant engineering 
                feature) that is listed on, or eligible for 
                listing on, the National Register of Historic 
                Places, shall be considered to be a historic 
                site under section 303 of title 49 or section 
                138 of this title, as applicable.
                  (C) Construction, maintenance, restoration, 
                and rehabilitation activities.--Subparagraph 
                (B) does not prohibit a State from carrying out 
                construction, maintenance, restoration, or 
                rehabilitation activities for a portion of the 
                Interstate System referred to in subparagraph 
                (B) upon compliance with section 303 of title 
                49 or section 138 of this title, as applicable, 
                and section 106 of the National Historic 
                Preservation Act of 1966 (16 U.S.C. 470f).
  (d) Transfer of Interstate Construction Funds.--
          (1) Interstate construction funds not in surplus.--
                  (A) * * *
                  (B) Effect of transfer.--Upon transfer of an 
                amount under subparagraph (A), the construction 
                on which the amount is based, as included in 
                the most recent Interstate System cost 
                estimate, shall not be eligible for funding 
                under section 104(b)(5)(A) (as in effect on the 
                day before the date of enactment of the 
                Transportation Equity Act for the 21st Century) 
                [or 118(c)].

           *       *       *       *       *       *       *

Sec. 104. Apportionment

  (a) Administrative Expenses.--
          [(1) In general.--Whenever an apportionment is made 
        of the sums made available for expenditure on each of 
        the surface transportation program under section 133, 
        the bridge program under section 144, the congestion 
        mitigation and air quality improvement program under 
        section 149, the Interstate and National Highway System 
        program, the minimum guarantee program under section 
        105, the Federal lands highway program under section 
        204, or the Appalachian development highway system 
        program under section 14501 of title 40, the Secretary 
        shall deduct a sum, in an amount not to exceed--
                  [(A) 1 1/6 percent of all sums so made 
                available, as the Secretary determines 
                necessary--
                          [(i) to administer the provisions of 
                        law to be financed from appropriations 
                        for the Federal-aid highway program and 
                        programs authorized under chapter 2; 
                        and
                          [(ii) to make transfers of such sums 
                        as the Secretary determines to be 
                        appropriate to the Appalachian Regional 
                        Commission for administrative 
                        activities associated with the 
                        Appalachian development highway system; 
                        and
                  [(B) one-third of 1 percent of all sums so 
                made available, as the Secretary determines 
                necessary, to administer the provisions of law 
                to be financed from appropriations for motor 
                carrier safety programs and motor carrier 
                safety research.
          [(2) Consideration of unobligated balances.--In 
        making the determination described in paragraph (1), 
        the Secretary shall take into account the unobligated 
        balance of any sums deducted under this subsection in 
        prior fiscal years.]
          (1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) for purposes described in 
        paragraph (2) $390,000,000 for fiscal year 2004, 
        $395,000,000 for fiscal year 2005, $395,000,000 for 
        fiscal year 2006, $395,000,000 for fiscal year 2007, 
        $395,000,000 for fiscal year 2008, and $400,000,000 for 
        fiscal year 2009.
          (2) Use of funds.--The amounts authorized to be 
        appropriated by paragraph (1) are authorized for the 
        following purposes:
                  (A) To administer the provisions of law to be 
                financed from appropriations for the Federal-
                aid highway program and programs authorized 
                under chapter 2.
                  (B) To make transfers of such sums as the 
                Secretary determines to be appropriate to the 
                Appalachian Regional Commission for 
                administrative activities associated with the 
                Appalachian development highway system.
          (3) Availability.--The [sum deducted under] amounts 
        authorized to be appropriated by paragraph (1) shall 
        remain available until expended.
          (4) Limitation on transferability.--Unless expressly 
        authorized by law, the Secretary may not transfer any 
        [sums deducted under] amounts authorized to be 
        appropriated by paragraph (1) to a Federal agency or 
        entity other than the Federal Highway Administration 
        [and the Federal Motor Carrier Safety Administration].
  (b) Apportionments.--On October 1 of each fiscal year, the 
Secretary, after making [the deduction authorized by subsection 
(a) and] the set-aside authorized by subsection (f), shall 
apportion the remainder of the sums authorized to be 
appropriated for expenditure on the Interstate and National 
Highway System program, the Congestion Mitigation and Air 
Quality Improvement program, and the Surface Transportation 
program for that fiscal year, among the several States in the 
following manner:
          (1) National highway system component.--
                  (A) In general.--For the National Highway 
                System (excluding funds apportioned under 
                paragraph (4)), [$36,400,000 for each fiscal 
                year] $40,000,000 for fiscal year 2004, 
                $40,000,000 for fiscal year 2005, $40,000,000 
                for fiscal year 2006, $50,000,000 for fiscal 
                year 2007, $50,000,000 for fiscal year 2008, 
                and $50,000,000 for fiscal year 2009 to the 
                Virgin Islands, Guam, American Samoa, and the 
                Commonwealth of Northern Mariana Islands, 
                [$18,800,000 for each of fiscal years 1998 
                through 2002] $20,000,000 for fiscal year 2004 
                and $30,000,000 for each of fiscal years 2005 
                through 2009 for the Alaska Highway, and the 
                remainder apportioned as follows:
                          (i) * * *

           *       *       *       *       *       *       *

  (d) Operation Lifesaver and High Speed Rail Corridors.--
          (1) Operation lifesaver.--Before making an 
        apportionment under [subsection (b)(3) of this section] 
        section 130(f) for a fiscal year, the Secretary shall 
        set aside [$500,000] $600,000 for such fiscal year for 
        carrying out a public information and education program 
        to help prevent and reduce motor vehicle accidents, 
        injuries, and fatalities and to improve driver 
        performance at railway-highway crossings.
          (2) Railway-highway crossing hazard elimination in 
        high speed rail corridors.--
                  (A) In general.--Before making an 
                apportionment of funds under subsection (b)(3) 
                for a fiscal year, the Secretary shall set 
                aside [$5,250,000] $7,500,000 for each of 
                fiscal years 2004 and 2005, $10,000,000 for 
                each of fiscal years 2006 and 2007, and 
                $15,000,000 for each of fiscal years 2008 and 
                2009 of the funds made available for the 
                surface transportation program for the fiscal 
                year for elimination of hazards of railway-
                highway crossings.

           *       *       *       *       *       *       *

                  (E) Certain improvements.--[Not less than 
                $250,000 of such set-aside] Of such set-aside, 
                not less than $875,000 for each of fiscal years 
                2004 and 2005, $1,500,000 for each of fiscal 
                years 2006 and 2007, and $2,750,000 for each of 
                fiscal years 2008 and 2009 shall be available 
                [per fiscal year] for eligible improvements to 
                the Minneapolis/St. Paul-Chicago segment of the 
                Midwest High Speed Rail Corridor.

           *       *       *       *       *       *       *

  (f) Metropolitan Planning.--
          (1) Set-aside.--On October 1 of each fiscal year, the 
        Secretary[, after making the deduction authorized by 
        subsection (a) of this section,] shall set aside not to 
        exceed 1 percent of the [remaining] funds authorized to 
        be appropriated for expenditure upon programs 
        authorized under this title, for the purpose of 
        carrying out the requirements of section 134 of this 
        title.

           *       *       *       *       *       *       *

          (4) Distribution of funds within states.--The 
        distribution within any State of the planning funds 
        made available to agencies under paragraph (3) of this 
        subsection shall be in accordance with a formula 
        developed by each State and approved by the Secretary 
        which shall consider but not necessarily be limited to, 
        population, status of planning, attainment of air 
        quality standards, metropolitan area transportation 
        needs, and other factors necessary to provide for an 
        appropriate distribution of funds to carry out the 
        requirements of section 134 and other applicable 
        requirements of Federal law. Such distribution of funds 
        to metropolitan planning organizations shall be made 
        within 30 days of the date of receipt of such funds 
        from the Secretary.

           *       *       *       *       *       *       *

  (h) Recreational Trails Program.--
          (1) Administrative costs.--Whenever an apportionment 
        is made of the sums authorized to be appropriated to 
        carry out the recreational trails program under section 
        206, the Secretary shall deduct an amount, not to 
        exceed 1 1/2 percent of the sums authorized, to cover 
        the cost to the Secretary for administration of and 
        [research and technical assistance under the 
        recreational trails program and for administration of 
        the National Recreational Trails Advisory Committee] 
        research, technical assistance, and training under the 
        recreational trails program. The Secretary may enter 
        into contracts with for-profit organizations or 
        contracts, partnerships, or cooperative agreements with 
        other government agencies, institutions of higher 
        learning, or nonprofit organizations to perform these 
        tasks.

           *       *       *       *       *       *       *

  (i) Audits of Highway Trust Fund.--From administrative funds 
[deducted] authorized to be appropriated under subsection (a), 
the Secretary may reimburse the Office of Inspector General of 
the Department of Transportation for the conduct of annual 
audits of financial statements in accordance with section 3521 
of title 31.
  (j) Report to Congress.--The Secretary shall [submit to 
Congress a report] transmit to Congress a report, and also make 
such report available to the public in a user-friendly format 
via the Internet, for each fiscal year on--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 106. Project approval and oversight

  (a) * * *

           *       *       *       *       *       *       *

  [(h) Financial Plan.--A recipient of Federal financial 
assistance for a project under this title with an estimated 
total cost of $1,000,000,000 or more shall submit to the 
Secretary an annual financial plan for the project. The plan 
shall be based on detailed annual estimates of the cost to 
complete the remaining elements of the project and on 
reasonable assumptions, as determined by the Secretary, of 
future increases in the cost to complete the project.]
  (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.
  (k) Use of Excess Funds.--
          (1) Audits.--A State may audit projects funded with 
        amounts apportioned under sections 104 and 144 to 
        determine whether any amounts obligated for a project 
        are excess funds.
          (2) Plans for use of excess funds.--If a State 
        determines, after conducting an audit under paragraph 
        (1), that funds obligated for a project are excess 
        funds, the State may develop a plan for obligating the 
        funds for the design and construction of--
                  (A) with respect to excess funds derived from 
                the surface transportation program under 
                section 133(d)(1), 133(d) (2), or 133(d)(3), 
                the highway bridge replacement and 
                rehabilitation program under section 144, the 
                congestion mitigation and air quality 
                improvement program under section 149, or the 
                recreational trails program under section 206, 
                one or more projects that are eligible for 
                funding under that program; and
                  (B) with respect to excess funds derived from 
                any other program under this title, one or more 
                projects that are eligible for funding those 
                programs or the surface transportation program 
                under section 133.
          (3) Certification to the secretary.--A State that has 
        developed a plan under paragraph (2) shall transmit to 
        the Secretary a certification that the State has 
        conducted an audit under paragraph (1) and developed 
        the plan in accordance with paragraph (2).
          (4) Implementation of plans.--After transmitting a 
        certification to the Secretary with respect to a plan 
        under paragraph (3), the State may carry out the plan.
          (5) Applicability of requirements.--
                  (A) In general.--Except as provided by 
                subparagraph (B), excess funds used to carry 
                out a project under this section shall be 
                subject to the requirements of this title that 
                are applicable to the program under which the 
                project is carried out.
                  (B) Stp allocations.--Section 133(d) shall 
                not apply to excess funds used to carry out a 
                project under this section, unless such funds 
                are derived from amounts apportioned under 
                104(b)(3).
          (6) Excess funds defined.--In this subsection, the 
        term ``excess funds'' means funds obligated for a 
        project that remain available for the project after the 
        project has been completed or canceled.

           *       *       *       *       *       *       *

Sec. 109. Standards

  (a) * * *

           *       *       *       *       *       *       *

  [(e) No funds]
  (e) Installation of Safety Devices.--
          (1) Highway and railroad grade crossings and 
        drawbridges.--No funds shall be approved for 
        expenditure on any Federal-aid highway, or highway 
        affected under chapter 2 of this title, unless proper 
        safety protective devices complying with safety 
        standards determined by the Secretary at that time as 
        being adequate shall be installed or be in operation at 
        any highway and railroad grade crossing or drawbridge 
        on that portion of the highway with respect to which 
        such expenditures are to be made.
          (2) Temporary traffic control devices.--No funds 
        shall be approved for expenditure on any Federal-aid 
        highway, or highway affected under chapter 2 of this 
        title, unless proper temporary traffic control devices 
        to improve safety in work zones will be installed and 
        maintained during construction, utility, and 
        maintenance operations on that portion of the highway 
        with respect to which such expenditures are to be made. 
        Installation and maintenance of the devices shall be in 
        accordance with the Manual on Uniform Traffic Control 
        Devices.

           *       *       *       *       *       *       *

Sec. 110. Revenue aligned budget authority

  (a) In General.--
          (1) Allocation.--On October 15 of fiscal year [2000] 
        2006 and each fiscal year thereafter, the Secretary 
        shall allocate for such fiscal year and the succeeding 
        fiscal year an amount of funds equal to the amount 
        determined pursuant to section 251(b)(1)(B)(ii)(I)(cc) 
        of the Balanced Budget and Emergency Deficit Control 
        Act of 1985 (2 U.S.C 901(b)(2)(B)(ii)(I)(cc)) if the 
        amount determined pursuant to such section for such 
        fiscal year is greater than zero.
          (2) Reduction.--If the amount determined pursuant to 
        section 251(b)(1)(B)(ii)(I)(cc) of the Balanced Budget 
        and Emergency Deficit Control Act of 1985 (2 U.S.C 
        901(b)(2)(B)(ii)(I)(cc)) \1\ for fiscal year [2000] 
        2006 or any fiscal year thereafter is less than zero, 
        the Secretary on [October 1 of the succeeding] October 
        15 of such fiscal year shall reduce proportionately the 
        amount of sums authorized to be appropriated from the 
        Highway Trust Fund (other than the Mass Transit 
        Account) for such fiscal year and the succeeding fiscal 
        year to carry out each of the Federal-aid highway and 
        highway safety construction programs (other than 
        emergency relief) and the motor carrier safety grant 
        program by an aggregate amount equal to the amount 
        determined pursuant to such section.
  (b) General Distribution.--The Secretary shall--
          (1) determine the ratio that--
                  (A) the sums authorized to be appropriated 
                from the Highway Trust Fund (other than the 
                Mass Transit Account) for each of the [for] 
                Federal-aid highway and highway safety 
                construction programs (other than the minimum 
                guarantee program) and the motor carrier safety 
                grant program for which funds are allocated 
                from such Trust Fund by the Secretary under 
                this title, the [Transportation Equity Act for 
                the 21st Century] Transportation Equity Act: A 
                Legacy for Users, and subchapter I of chapter 
                311 of title 49 for a fiscal year, bears to

           *       *       *       *       *       *       *

Sec. 112. Letting of contracts

  (a) * * *
  (b) Bidding Requirements.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Design-build contracting.--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) Qualified projects.--A qualified project 
                referred to in subparagraph (A) is a project 
                under this chapter for which--
                          [(i) the Secretary has approved the 
                        use of design-build contracting 
                        described in subparagraph (A) under 
                        criteria specified in regulations 
                        issued by the Secretary; and
                          [(ii) the total costs are estimated 
                        to exceed--
                                  [(I) in the case of a project 
                                that involves installation of 
                                an intelligent transportation 
                                system, $5,000,000; and
                                  [(II) in the case of any 
                                other project, $50,000,000.]
                  (C) Qualified projects.--A qualified project 
                referred to in subparagraph (A) is a project 
                under this chapter for which the Secretary has 
                approved the use of design-build contracting 
                under criteria specified in regulations issued 
                by the Secretary.
                  (D) Experimental procurement.--As part of any 
                experimental program carried out under this 
                section, the Secretary shall evaluate the use 
                of procurement procedures under this paragraph 
                where subjective evaluation criteria account 
                for the majority of the selection 
                determination.
                  (E) Limitation on statutory construction.--
                Nothing in this section shall be construed as 
                effecting the authority to carry out any 
                experimental program concerning design-build 
                contracting that is being carried out by the 
                Secretary on the date of enactment of this 
                subparagraph.
                  (F) Report.--Not later than 3 years after the 
                date of enactment of this subparagraph, the 
                Secretary shall transmit to Congress a report 
                on the effectiveness of design-build 
                contracting procedures in which the majority of 
                the selection determinations are made based on 
                subjective criteria in accordance with 
                subparagraph (D).
                  [(D)] (G) Design-build contract defined.--In 
                this paragraph, the term ``design-build 
                contract'' means an agreement that provides for 
                design and construction of a project by a 
                contractor, regardless of whether the agreement 
                is in the form of a design-build contract, a 
                franchise agreement, or any other form of 
                contract approved by the Secretary.

           *       *       *       *       *       *       *

  [(f) The provisions of this section shall not be applicable 
to contracts for projects on the Federal-aid secondary system 
in those States where the Secretary has discharged his 
responsibility pursuant to section 117 of this title, except 
where employees of a political subdivision of a State are 
working on a project outside of such political subdivision.]
  [(g)] (f) Selection Process.--A State may procure, under a 
single contract, the services of a consultant to prepare any 
environmental impact assessments or analyses required for a 
project, including environmental impact statements, as well as 
subsequent engineering and design work on the project if the 
State conducts a review that assesses the objectivity of the 
environmental assessment, environmental analysis, or 
environmental impact statement prior to its submission to the 
Secretary.
  (g) Temporary Traffic Control Devices.--
          (1) Issuance of regulations.--The Secretary, after 
        consultation with appropriate Federal and State 
        officials, shall issue regulations establishing the 
        conditions for the appropriate use of, and expenditure 
        of funds for, uniformed law enforcement officers, 
        positive protective measures between workers and 
        motorized traffic, and installation and maintenance of 
        temporary traffic control devices during construction, 
        utility, and maintenance operations.
          (2) Effects of regulations.--Based on regulations 
        issued under paragraph (1), a State shall--
                  (A) develop separate pay items for the use of 
                uniformed law enforcement officers, positive 
                protective measures between workers and 
                motorized traffic, and installation and 
                maintenance of temporary traffic control 
                devices during construction, utility, and 
                maintenance operations; and
                  (B) incorporate such pay items into contract 
                provisions to be included in each contract 
                entered into by the State with respect to a 
                highway project to ensure compliance with 
                section 109(e)(2).
          (3) Limitation.--Nothing in the regulations shall be 
        construed to prohibit a State from implementing 
        standards that are more stringent than those required 
        under the regulations.
          (4) Positive protective measures defined.--In this 
        subsection, the term ``positive protective measures'' 
        means temporary traffic barriers, crash cushions, and 
        other strategies to avoid traffic accidents in work 
        zones, including full road closures.

           *       *       *       *       *       *       *

Sec. 114. Construction

  (a) Construction Work In General.--The construction of any 
highways or portions of highways located on a Federal-aid 
system shall be undertaken by the respective State 
transportation departments or under their direct supervision. 
[Except as provided in section 117 of this title, such] Such 
construction shall be subject to the inspection and approval of 
the Secretary. The construction work and labor in each State 
shall be performed under the direct supervision of the State 
transportation department and in accordance with the laws of 
that State and applicable Federal laws. Construction may be 
begun as soon as funds are available for expenditure pursuant 
to subsection (a) of section 118 of this title. After July 1, 
1973, the State transportation department shall not erect on 
any project where actual construction is in progress and 
visible to highway users any informational signs other than 
official traffic control devices conforming with standards 
developed by the Secretary of Transportation.

           *       *       *       *       *       *       *

  (c) Construction Work in Alaska.--
          (1) In general.--The Secretary shall ensure that a 
        worker who is employed on a remote project for the 
        construction of a highway or portion of a highway 
        located on a Federal-aid system in the State of Alaska 
        and who is not a domiciled resident of the locality 
        shall receive meals and lodging.
          (2) Lodging.--The lodging under paragraph (1) shall 
        be in accordance with section 1910.142 of title 29, 
        Code of Federal Regulations (relating to temporary 
        labor camp requirements).
          (3) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Remote.--The term ``remote'', as used 
                with respect to a project, means that the 
                project is 75 miles or more from the United 
                States Post Office in either Fairbanks, 
                Anchorage, Juno, or Ketchikan, Alaska, or is 
                inaccessible by road in a 2-wheel drive 
                vehicle.
                  (B) Resident.--The term ``resident'', as used 
                with respect to a project, means a person 
                living within 75 miles of the midpoint of the 
                project for at least 12 months.

           *       *       *       *       *       *       *

Sec. 116. Maintenance

  (a) * * *
  (b) In any State wherein the State transportation department 
is without legal authority to maintain a project constructed on 
the Federal-aid secondary system, or within a municipality, 
such [highway department] transportation department shall enter 
into a formal agreement for its maintenance with the 
appropriate officials of the county or municipality in which 
such project is located.

           *       *       *       *       *       *       *

Sec. 117. High priority projects program

  (a) Authorization of High Priority Projects.--The Secretary 
is authorized to carry out high priority projects with funds 
made available to carry out the high priority projects program 
under this section. Of amounts made available to carry out this 
section, the Secretary, subject to subsection (b), shall make 
available to carry out each project described in section [1602 
of the Transportation Equity Act for the 21st Century] 1701 of 
the Transportation Equity Act: A Legacy for Users the amount 
listed for such project in such section. Any amounts made 
available to carry out such program that are not allocated for 
projects described in such section shall be available to the 
Secretary, subject to subsection (b), to carry out such other 
high priority projects as the Secretary determines appropriate.
  (b) Allocation Percentages.--For each project to be carried 
out with funds made available to carry out the high priority 
projects program under this section--
          [(1) 11 percent of such amount shall be available for 
        obligation beginning in fiscal year 1998;
          [(2) 15 percent of such amount shall be available for 
        obligation beginning in fiscal year 1999;
          [(3) 18 percent of such amount shall be available for 
        obligation beginning in fiscal year 2000;
          [(4) 18 percent of such amount shall be available for 
        obligation beginning in fiscal year 2001;
          [(5) 19 percent of such amount shall be available for 
        obligation beginning in fiscal year 2002; and
          [(6) 19 percent of such amount shall be available for 
        obligation beginning in fiscal year 2003.]
          (1) 22.4 percent of such amount shall be available 
        for obligation beginning in fiscal year 2005;
          (2) 20.2 percent of such amount shall be available 
        for obligation beginning in fiscal year 2006;
          (3) 19.3 percent of such amount shall be available 
        for obligation beginning in fiscal year 2007;
          (4) 19.7 percent of such amount shall be available 
        for obligation beginning in fiscal year 2008; and
          (5) 18.4 percent of such amount shall be available 
        for obligation beginning in fiscal year 2009.
  (c) Federal Share.--The Federal share payable on account of 
any project carried out with funds made available to carry out 
this section shall be 80 percent of the total cost thereof[; 
except that the Federal share on account of the project to be 
carried out under item 1419 of the table contained in section 
1602 of the Transportation Equity Act for the 21st Century (112 
Stat. 309), relating to reconstruction of a road and causeway 
in Shiloh Military Park in Hardin County, Tennessee, shall be 
100 percent of the total cost thereof].

           *       *       *       *       *       *       *

  (e) Advance Construction.--When a State which has been 
delegated responsibility for a project under this section--
          (1) has obligated all funds allocated under this 
        section and section [1602 of the Transportation Equity 
        Act for the 21st Century] 1701 of the Transportation 
        Equity Act: A Legacy for Users for such project; and
          (2) proceeds to construct such project without the 
        aid of Federal funds in accordance with all procedures 
        and all requirements applicable to such project, except 
        insofar as such procedures and requirements limit the 
        State to the construction of projects with the aid of 
        Federal funds previously allocated to it;
the Secretary, upon the approval of the application of a State, 
shall pay to the State the Federal share of the cost of 
construction of the project when additional funds are allocated 
for such project under this section and section [1602 of the 
Transportation Equity Act for the 21st Century] 1701 of the 
Transportation Equity Act: A Legacy for Users.

           *       *       *       *       *       *       *

  (g) Availability of Obligation Limitation.--Obligation 
authority attributable to funds made available to carry out 
this section shall only be available for the purposes of this 
section and shall remain available until obligated pursuant to 
section 1102(g) of the [Transportation Equity Act for the 21st 
Century] Transportation Equity Act: A Legacy for Users.

           *       *       *       *       *       *       *

Sec. 118. Availability of funds

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Set Asides for Interstate Discretionary Projects.--
          [(1) In general.--Before any apportionment is made 
        under section 104(b)(4), the Secretary shall set aside 
        $50,000,000 in fiscal year 1998 and $100,000,000 in 
        each of fiscal years 1999 through 2003 for obligation 
        by the Secretary for projects for resurfacing, 
        restoring, rehabilitating, and reconstructing any route 
        or portion thereof on the Interstate System (other than 
        any highway designated as a part of the Interstate 
        System under section 139 (as in effect on the day 
        before the date of enactment of the Transportation 
        Equity Act for the 21st Century)) and any toll road on 
        the Interstate System not subject to an agreement under 
        section 119(e) (as in effect on December 17, 1991).
          [(2) Selection criteria.--The amounts set aside under 
        paragraph (1) shall be made available by the Secretary 
        to any State applying for such funds if the Secretary 
        determines that--
                  [(A) the State has obligated or demonstrates 
                that it will obligate in the fiscal year all of 
                its apportionments under section 104(b)(4) 
                other than an amount that, by itself, is 
                insufficient to pay the Federal share of the 
                cost of a project for resurfacing, restoring, 
                rehabilitating, and reconstructing the 
                Interstate System that has been submitted by 
                the State to the Secretary for approval; and
                  [(B) the applicant is willing and able to--
                          [(i) obligate the funds within 1 year 
                        of the date the funds are made 
                        available;
                          [(ii) apply the funds to a ready-to-
                        commence project; and
                          [(iii) in the case of construction 
                        work, begin work within 90 days after 
                        obligation.
          [(3) Priority consideration for certain projects.--In 
        selecting projects to fund under paragraph (1), the 
        Secretary shall give priority consideration to any 
        project the cost of which exceeds $10,000,000 on any 
        high volume route in an urban area or a high truck-
        volume route in a rural area.
          [(4) Period of availability of discretionary funds.--
        Sums made available pursuant to this subsection shall 
        remain available until expended.]
  [(d)] (c) Effect of Release of Funds.--Any Federal-aid 
highway funds released by the final payment on a project, or by 
the modification of the project agreement, shall be credited to 
the same program funding category previously apportioned to the 
State and shall be immediately available for expenditure.
  [(e)] (d) Special Rules.--Funds made available to the State 
of Alaska and the Commonwealth of Puerto Rico under this title 
may be expended for construction of access and development 
roads that will serve resource development, recreational, 
residential, commercial, industrial, or other like purposes.

           *       *       *       *       *       *       *

Sec. 120. Federal share payable

  (a) * * *

           *       *       *       *       *       *       *

  (e) Emergency Relief.--The Federal share payable on account 
of any repair or reconstruction provided for by funds made 
available under section 125 of this title on account of any 
project on a Federal-aid highway, including the Interstate 
System, shall not exceed the Federal share payable on a project 
on [such system] such highway as provided in subsections (a) 
and (b) of this section; except that (1) the Federal share 
payable for eligible emergency repairs to minimize damage, 
protect facilities, or restore essential traffic accomplished 
within 180 days after the actual occurrence of the natural 
disaster or catastrophic failure may amount to 100 percent of 
the costs thereof; and (2) the Federal share payable on account 
of any repair or reconstruction of forest highways, forest 
development roads and trails, park roads and trails, parkways, 
public lands highways, public lands development roads and 
trails, and Indian reservation roads may amount to 100 percent 
of the cost thereof. The total cost of a project may not exceed 
the cost of repair or reconstruction of a comparable facility. 
As used in this section with respect to bridges and in section 
144 of this title, ``a comparable facility'' shall mean a 
facility which meets the current geometric and construction 
standards required for the types and volume of traffic which 
such facility will carry over its design life.

           *       *       *       *       *       *       *

  (j) Credit for Non-Federal Share.--
          (1) Eligibility.--A State may use as a credit toward 
        the non-Federal share requirement for any funds made 
        available to carry out this title (other than the 
        emergency relief program authorized by section 125 and 
        the Appalachian development highway system program 
        under section 14501 of title 40) or chapter 53 of title 
        49 toll revenues that are generated and used by public, 
        quasi-public, and private agencies to build, improve, 
        or maintain highways, bridges, or tunnels that serve 
        the public purpose of interstate commerce. Such public, 
        quasi-public, or private agencies shall have built, 
        improved, or maintained such facilities without Federal 
        funds.

           *       *       *       *       *       *       *

Sec. 126. Uniform transferability of Federal-aid highway funds

  (a) General Rule.--Notwithstanding any other provision of law 
but subject to subsections (b) and (c), if at least 50 percent 
of a State's apportionment under section 104 or 144 for a 
fiscal year or at least 50 percent of the funds set-aside under 
section 133(d) from the State's apportionment under section 
104(b)(3) may not be transferred to any other apportionment of 
the State under section 104 or 144 for such fiscal year, then 
the State may transfer not to exceed 50 percent of such 
apportionment or set aside to any other apportionment of such 
State under section 104 or 144 for such fiscal year.
  (b) Application to Certain Set-Asides.--No funds may be 
transferred under this section that are subject [to the last 
sentence of section 133(d)(1) or] to section 104(f) or to 
[section 133(d)(3)] section 133(d)(2). The maximum amount that 
a State may transfer under this section of the State's set-
aside under section 133(d)(1) [or 133(d)(2)] for a fiscal year 
may not exceed 25 percent of (1) the amount of such set-aside, 
less (2) the amount of the State's set-aside under such section 
for fiscal year 1997.

           *       *       *       *       *       *       *

Sec. 127. Vehicle weight limitations-Interstate System

  (a) In General.--No funds shall be apportioned in any fiscal 
year under section 104(b)(1) of this title to any State which 
does not permit the use of The Dwight D. Eisenhower System of 
Interstate and Defense Highways within its boundaries by 
vehicles with a weight of twenty thousand pounds carried on any 
one axle, including enforcement tolerances, or with a tandem 
axle weight of thirty-four thousand pounds, including 
enforcement tolerances, or a gross weight of at least eighty 
thousand pounds for vehicle combinations of five axles or more. 
However, the maximum gross weight to be allowed by any State 
for vehicles using The Dwight D. Eisenhower System of 
Interstate and Defense Highways shall be twenty thousand pounds 
carried on one axle, including enforcement tolerances, and a 
tandem axle weight of thirty-four thousand pounds, including 
enforcement tolerances and with an overall maximum gross 
weight, including enforcement tolerances, on a group of two or 
more consecutive axles produced by application of the following 
formula: W = 500 ((LN / N - 1) + 12N + 36) where W equals 
overall gross weight on any group of two or more consecutive 
axles to the nearest five hundred pounds, L equals distance in 
feet between the extreme of any group of two or more 
consecutive axles, and N equals number of axles in group under 
consideration, except that two consecutive sets of tandem axles 
may carry a gross load of thirty-four thousand pounds each 
providing the overall distance between the first and last axles 
of such consecutive sets of tandem axles (1) is thirty-six feet 
or more, or (2) in the case of a motor vehicle hauling any tank 
trailer, dump trailer, or ocean transport container before 
September 1, 1989, is 30 feet or more: Provided, That such 
overall gross weight may not exceed eighty thousand pounds, 
including all enforcement tolerances, except for vehicles using 
Interstate Route 29 between Sioux City, Iowa, and the border 
between Iowa and South Dakota or vehicles using Interstate 
Route 129 between Sioux City, Iowa, and the border between Iowa 
and Nebraska, and except for those vehicles and loads which 
cannot be easily dismantled or divided and which have been 
issued special permits in accordance with applicable State 
laws, or the corresponding maximum weights permitted for 
vehicles using the public highways of such State under laws or 
regulations established by appropriate State authority in 
effect on July 1, 1956, except in the case of the overall gross 
weight of any group of two or more consecutive axles on any 
vehicle (other than a vehicle comprised of a motor vehicle 
hauling any tank trailer, dump trailer, or ocean transport 
container on or after September 1, 1989), on the date of 
enactment of the Federal-Aid Highway Amendments of 1974, 
whichever is the greater. Any amount which is withheld from 
apportionment to any State pursuant to the foregoing provisions 
shall lapse if not released and obligated within the 
availability period specified in section [118(b)(1)] 118(b)(2) 
of this title. This section shall not be construed to deny 
apportionment to any State allowing the operation within such 
State of any vehicles or combinations thereof, other than 
vehicles or combinations subject to subsection (d) of this 
section, which the State determines could be lawfully operated 
within such State on July 1, 1956, except in the case of the 
overall gross weight of any group of two or more consecutive 
axles, on the date of enactment of the Federal-Aid Highway 
Amendments of 1974. With respect to the State of Hawaii, laws 
or regulations in effect on February 1, 1960, shall be 
applicable for the purposes of this section in lieu of those in 
effect on July 1, 1956. With respect to the State of Colorado, 
vehicles designed to carry 2 or more precast concrete panels 
shall be considered a nondivisible load. With respect to the 
State of Michigan, laws or regulations in effect on May 1, 
1982, shall be applicable for the purposes of this subsection. 
With respect to the State of Maryland, laws and regulations in 
effect on June 1, 1993, shall be applicable for the purposes of 
this subsection. The State of Louisiana may allow, by special 
permit, the operation of vehicles with a gross vehicle weight 
of up to 100,000 pounds for the hauling of sugarcane during the 
harvest season, not to exceed 100 days annually. With respect 
to Interstate Routes 89, 93, and 95 in the State of New 
Hampshire, State laws (including regulations) concerning 
vehicle weight limitations that were in effect on January 1, 
1987, and are applicable to State highways other than the 
Interstate System, shall be applicable in lieu of the 
requirements of this subsection. With respect to that portion 
of the Maine Turnpike designated Interstate Route 95 and 495, 
and that portion of Interstate Route 95 from the southern 
terminus of the Maine Turnpike to the New Hampshire State line, 
laws (including regulations) of the State of Maine concerning 
vehicle weight limitations that were in effect on October 1, 
1995, and are applicable to State highways other than the 
Interstate System, shall be applicable in lieu of the 
requirements of this subsection.

           *       *       *       *       *       *       *

Sec. 130. Railway-highway crossings

  (a) * * *

           *       *       *       *       *       *       *

  (e) Funds for Protective Devices.--
          (1) In general.--At least 1/2 of the funds authorized 
        for and expended under this section shall be available 
        for the installation of protective devices at railway-
        highway crossings. Sums authorized to be appropriated 
        to carry out this section shall be available for 
        obligation in the same manner as funds apportioned 
        under section 104(b)(1) of this title.
          (2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met 
        all its needs for installation of protective devices at 
        railway-highway crossings, the State may use funds made 
        available by this subsection for other purposes by this 
        section.
  [(f) Apportionment.--Twenty-five percent of the funds 
authorized to be appropriated to carry out this section shall 
be apportioned to the States in the same manner as sums are 
apportioned under section 104(b)(2) of this title, 25 percent 
of such funds shall be apportioned to the States in the same 
manner as sums are apportioned under section 104(b)(6) of this 
title, and 50 percent of such funds shall be apportioned to the 
States in the ratio that total railway-highway crossings in 
each State bears to the total of such crossings in all States. 
The Federal share payable on account of any project financed 
with funds authorized to be appropriated to carry out this 
section shall be 90 percent of the cost thereof.]
  (f) Apportionment.--
          (1) Formula.--Fifty percent of the funds authorized 
        to be appropriated to carry out this section shall be 
        apportioned to the States in accordance with the 
        formula set forth in section 104(b)(3)(A), and 50 
        percent of such funds shall be apportioned to the 
        States in the ratio that total public railway-highway 
        crossings in each State bears to the total of such 
        crossings in all States.
          (2) Minimum apportionment.--Notwithstanding paragraph 
        (1), each State shall receive a minimum of \1/2\ of 1 
        percent of the funds apportioned under paragraph (1).
          (3) Federal share.--The Federal share payable on 
        account of any project financed with funds authorized 
        to be appropriated to carry out this section shall be 
        90 percent of the cost thereof.
  (g) Annual Report.--Each State shall report to the Secretary 
not later than December 30 of each year on the progress being 
made to implement the railway-highway crossings program 
authorized by this section and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the costs of the various treatments employed and subsequent 
accident experience at improved locations. The Secretary shall 
submit a report to the Committee on Environment and Public 
Works of the Senate and the Committee on Transportation and 
Infrastructure of the House of Representatives [not later than 
April 1 of each year,], not later than April 1, 2006, and every 
2 years thereafter, on the progress being made by the State in 
implementing projects to improve railway-highway crossings. The 
report shall include, but not be limited to, the number of 
projects undertaken, their distribution by cost range, road 
system, nature of treatment, and subsequent accident experience 
at improved locations. In addition, the Secretary's report 
shall analyze and evaluate each State program, identify any 
State found not to be in compliance with the schedule of 
improvements required by subsection (d) and include 
recommendations for future implementation of the railroad 
highway crossings program.

           *       *       *       *       *       *       *

  (k) Expenditure of Funds.--Not more than 2 percent of funds 
apportioned to a State to carry out this section may be used by 
the State for compilation and analysis of data in support of 
activities carried out under subsection (g).

           *       *       *       *       *       *       *

Sec. 133. Surface transportation program

  (a) * * *
  (b) Eligible Projects.--A State may obligate funds 
apportioned to it under section 104(b)(3) for the surface 
transportation program only for the following:
          (1) * * *

           *       *       *       *       *       *       *

          (6) Capital and operating costs for traffic 
        monitoring, management, and control facilities and 
        programs, including advanced truck stop electrification 
        systems.

           *       *       *       *       *       *       *

          [(13)] (12) Infrastructure-based intelligent 
        transportation systems capital improvements.
          [(14)] (13) Environmental restoration and pollution 
        abatement projects (including the retrofit or 
        construction of storm water treatment systems) to 
        address water pollution or environmental degradation 
        caused or contributed to by transportation facilities, 
        which projects shall be carried out when the 
        transportation facilities are undergoing 
        reconstruction, rehabilitation, resurfacing, or 
        restoration; except that the expenditure of funds under 
        this section for any such environmental restoration or 
        pollution abatement project shall not exceed 20 percent 
        of the total cost of the reconstruction, 
        rehabilitation, resurfacing, or restoration project.
          (14) Regional transportation operations collaboration 
        and coordination activities that are associated with 
        regional improvements, including activities for traffic 
        incident management, technology deployment, emergency 
        management and response, traveler information, and 
        regional congestion relief.

           *       *       *       *       *       *       *

  (d) Allocations of Apportioned Funds.--
          [(1) For safety programs.--10 percent of the funds 
        apportioned to a State under section 104(b)(3) for the 
        surface transportation program for a fiscal year shall 
        only be available for carrying out sections 130 and 152 
        of this title. Of the funds set aside under the 
        preceding sentence, the State shall reserve in such 
        fiscal year an amount of such funds for carrying out 
        each such section which is not less than the amount of 
        funds apportioned to the State in fiscal year 1991 
        under such section.]
          [(2)] (1) For transportation enhancement 
        activities.--10 percent of the funds apportioned to a 
        State under section 104(b)(3) for a fiscal year shall 
        only be available for transportation enhancement 
        activities.
          [(3)] (2) Division between urbanized areas of over 
        200,000 population and other areas.--
                  (A) General rule.--Except as provided in 
                subparagraphs (C) and (D), 62.5 percent of the 
                remaining [80 percent] 90 percent of the funds 
                apportioned to a State under section 104(b)(3) 
                for a fiscal year shall be obligated under this 
                section--
                          (i) * * *

           *       *       *       *       *       *       *

                  (B) Special rule for areas of less than 5,000 
                population.--Of the amounts required [tobe] to 
                be obligated under subparagraph (A)(ii), the 
                State shall obligate in areas of the State 
                (other than urban areas with a population 
                greater than 5,000) an amount which is not less 
                than 110 percent of the amount of funds 
                apportioned to the State for the Federal-aid 
                secondary system for fiscal year 1991.

           *       *       *       *       *       *       *

                  (D) Noncontiguous states exemption.--
                Subparagraph (A) shall not apply to Hawaii and 
                Alaska.

           *       *       *       *       *       *       *

          [(4)] (3) Applicability of planning requirements.--
        Programming and expenditure of funds for projects under 
        this section shall be consistent with the requirements 
        of sections 134 and 135 of this title.
          [(5)] (4) Applicability of certain requirements to 
        third party sellers.--
                  (A) * * *

           *       *       *       *       *       *       *

  (e) Administration.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Payments.--
                  (A) * * *
                  (B) Advance payment option for transportation 
                enhancement activities.--
                          (i) In general.--The Secretary may 
                        advance funds to the State for 
                        transportation enhancement activities 
                        funded from the allocation required by 
                        subsection [(d)(2)] (d)(1) for a fiscal 
                        year.

           *       *       *       *       *       *       *

          (5) Transportation enhancement activities.--
                  (A) Categorical exclusions.--To the extent 
                appropriate, the Secretary shall develop 
                categorical exclusions from the requirement 
                that an environmental assessment or an 
                environmental impact statement under section 
                102 of the National Environmental Policy Act of 
                1969 (42 U.S.C. 4332) be prepared for 
                transportation enhancement activities funded 
                from the allocation required by subsection 
                [(d)(2)] (d)(1).
                  (B) Nationwide programmatic agreement.--The 
                Secretary, in consultation with the National 
                Conference of State Historic Preservation 
                Officers and the Advisory Council on Historic 
                Preservation established under title II of the 
                National Historic Preservation Act (16 U.S.C. 
                470i et seq.), shall develop a nationwide 
                programmatic agreement governing the review of 
                transportation enhancement activities funded 
                from the allocation required by subsection 
                [(d)(2)] (d)(1), in accordance with--
                          (i) * * *

           *       *       *       *       *       *       *

  (f) Obligation Authority.--
          (1) In general.--A State that is required to obligate 
        in an urbanized area with an urbanized area population 
        of over 200,000 individuals under subsection (d) funds 
        apportioned to the State under section 104(b)(3) shall 
        make available during the period of fiscal years [1998 
        through 2000] 2004 through 2006 and the period of 
        fiscal years [2001 through 2003] 2007 through 2009 an 
        amount of obligation authority distributed to the State 
        for Federal-aid highways and highway safety 
        construction programs for use in the area that is equal 
        to the amount obtained by multiplying--
                  (A) * * *

           *       *       *       *       *       *       *

[Sec. 134. Metropolitan planning

  [(a) General Requirements.--
          [(1) Findings.--It is in the national interest to 
        encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and through urbanized areas, 
        while minimizing transportation-related fuel 
        consumption and air pollution.
          [(2) Development of plans and programs.--To 
        accomplish the objective stated in paragraph (1), 
        metropolitan planning organizations designated under 
        subsection (b), in cooperation with the State and 
        public transit operators, shall develop transportation 
        plans and programs for urbanized areas of the State.
          [(3) Contents.--The plans and programs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including pedestrian walkways 
        and bicycle transportation facilities) that will 
        function as an intermodal transportation system for the 
        metropolitan area and as an integral part of an 
        intermodal transportation system for the State and the 
        United States.
          [(4) Process of development.--The process for 
        developing the plans and programs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  [(b) Designation of Metropolitan Planning Organizations.--
          [(1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  [(A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the central city 
                or cities as defined by the Bureau of the 
                Census); or
                  [(B) in accordance with procedures 
                established by applicable State or local law.
          [(2) Structure.--Each policy board of a metropolitan 
        planning organization that serves an area designated as 
        a transportation management area, when designated or 
        redesignated under this subsection, shall consist of--
                  [(A) local elected officials;
                  [(B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area 
                (including all transportation agencies included 
                in the metropolitan planning organization as of 
                June 1, 1991); and
                  [(C) appropriate State officials.
          [(3) Limitation on statutory construction.--Nothing 
        in this subsection shall be construed to interfere with 
        the authority, under any State law in effect on the 
        date of the enactment of this section, of a public 
        agency with multimodal transportation responsibilities 
        to--
                  [(A) develop plans and programs for adoption 
                by a metropolitan planning organization; and
                  [(B) develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          [(4) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (5).
          [(5) Redesignation.--
                  [(A) Procedures.--A metropolitan planning 
                organization may be redesignated by agreement 
                between the Governor and units of general 
                purpose local government that together 
                represent at least 75 percent of the affected 
                population (including the central city or 
                cities as defined by the Bureau of the Census) 
                as appropriate to carry out this section.
                  [(B) Certain requests to redesignate.--A 
                metropolitan planning organization shall be 
                redesignated upon request of a unit or units of 
                general purpose local government representing 
                at least 25 percent of the affected population 
                (including the central city or cities as 
                defined by the Bureau of the Census) in any 
                urbanized area (i) whose population is more 
                than 5,000,000 but less than 10,000,000, or 
                (ii) which is an extreme nonattainment area for 
                ozone or carbon monoxide as defined under the 
                Clean Air Act. Such redesignation shall be 
                accomplished using procedures established by 
                subparagraph (A).
          [(6) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within an existing 
        metropolitan planning area only if the Governor and the 
        existing metropolitan planning organization determine 
        that the size and complexity of the existing 
        metropolitan planning area make designation of more 
        than 1 metropolitan planning organization for the area 
        appropriate.
  [(c) Metropolitan Planning Area Boundaries.--
          [(1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          [(2) Included area.--Each metropolitan planning 
        area--
                  [(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period; and
                  [(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          [(3) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the 
        case of an urbanized area designated as a nonattainment 
        area for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.), the boundaries of the 
        metropolitan planning area in existence as of the date 
        of enactment of this paragraph shall be retained, 
        except that the boundaries may be adjusted by agreement 
        of the Governor and affected metropolitan planning 
        organizations in the manner described in subsection 
        (b)(5).
          [(4) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of this 
        paragraph as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  [(A) shall be established in the manner 
                described in subsection (b)(1);
                  [(B) shall encompass the areas described in 
                paragraph (2)(A);
                  [(C) may encompass the areas described in 
                paragraph (2)(B); and
                  [(D) may address any nonattainment area 
                identified under the Clean Air Act (42 U.S.C. 
                7401 et seq.) for ozone or carbon monoxide.
  [(d) Coordination in Multistate Areas.--
          [(1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          [(2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  [(A) to enter into agreements or compacts, 
                not in conflict with any law of the United 
                States, for cooperative efforts and mutual 
                assistance in support of activities authorized 
                under this section as the activities pertain to 
                interstate areas and localities within the 
                States; and
                  [(B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          [(3) Lake Tahoe region.--
                  [(A) Definition.--In this paragraph, the term 
                ``Lake Tahoe region'' has the meaning given the 
                term ``region'' in subdivision (a) of article 
                II of the Tahoe Regional Planning Compact, as 
                set forth in the first section of Public Law 
                96-551 (94 Stat. 3234).
                  [(B) Transportation planning process.--The 
                Secretary shall--
                          [(i) establish with the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region a transportation planning 
                        process for the region; and
                          [(ii) coordinate the transportation 
                        planning process with the planning 
                        process required of State and local 
                        governments under this section, section 
                        135, and chapter 53 of title 49.
                  [(C) Interstate compact.--
                          [(i) In general.--Subject to clause 
                        (ii), notwithstanding subsection (b), 
                        to carry out the transportation 
                        planning process required by this 
                        section, the consent of Congress is 
                        granted to the States of California and 
                        Nevada to designate a metropolitan 
                        planning organization for the Lake 
                        Tahoe region, by agreement between the 
                        Governors of the States of California 
                        and Nevada and units of general purpose 
                        local government that together 
                        represent at least 75 percent of the 
                        affected population (including the 
                        central city or cities (as defined by 
                        the Bureau of the Census)), or in 
                        accordance with procedures established 
                        by applicable State or local law.
                          [(ii) Involvement of federal land 
                        management agencies.--
                                  [(I) Representation.--The 
                                policy board of a metropolitan 
                                planning organization 
                                designated under clause (i) 
                                shall include a representative 
                                of each Federal land management 
                                agency that has jurisdiction 
                                over land in the Lake Tahoe 
                                region.
                                  [(II) Funding.--In addition 
                                to funds made available to the 
                                metropolitan planning 
                                organization under other 
                                provisions of this title and 
                                under chapter 53 of title 49, 
                                not more than 1 percent of the 
                                funds allocated under section 
                                202 may be used to carry out 
                                the transportation planning 
                                process for the Lake Tahoe 
                                region under this subparagraph.
                  [(D) Activities.--Highway projects included 
                in transportation plans developed under this 
                paragraph--
                          [(i) shall be selected for funding in 
                        a manner that facilitates the 
                        participation of the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region; and
                          [(ii) may, in accordance with chapter 
                        2, be funded using funds allocated 
                        under section 202.
          [(4) Recipients of other assistance.--The Secretary 
        shall encourage each metropolitan planning organization 
        to coordinate, to the maximum extent practicable, the 
        design and delivery of transportation services within 
        the metropolitan planning area that are provided--
                  [(A) by recipients of assistance under 
                chapter 53 of title 49; and
                  [(B) by governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive 
                Federal assistance from a source other than the 
                Department of Transportation to provide 
                nonemergency transportation services.
  [(e) Coordination of MPOs.--
          [(1) Nonattainment areas.--If more than 1 
        metropolitan planning organization has authority within 
        a metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act, each metropolitan planning 
        organization shall consult with the other metropolitan 
        planning organizations designated for such area and the 
        State in the coordination of plans and programs 
        required by this section.
          [(2) Project located in multiple MPOs.--If a project 
        is located within the boundaries of more than 1 
        metropolitan planning organization, the metropolitan 
        planning organizations shall coordinate plans regarding 
        the project.
  [(f) Scope of Planning Process.--
          [(1) In general.--The metropolitan transportation 
        planning process for a metropolitan area under this 
        section shall provide for consideration of projects and 
        strategies that will--
                  [(A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  [(B) increase the safety and security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the accessibility and mobility 
                options available to people and for freight;
                  [(D) protect and enhance the environment, 
                promote energy conservation, and improve 
                quality of life;
                  [(E) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  [(F) promote efficient system management and 
                operation; and
                  [(G) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of 
        title 5 in any matter affecting a transportation plan, 
        a transportation improvement plan, a project or 
        strategy, or the certification of a planning process.
  [(g) Development of Long-Range Transportation Plan.--
          [(1) In general.--Each metropolitan planning 
        organization shall prepare, and update periodically, 
        according to a schedule that the Secretary determines 
        to be appropriate, a long-range transportation plan for 
        its metropolitan area in accordance with the 
        requirements of this subsection.
          [(2) Long-range transportation plan.--A long-range 
        transportation plan under this section shall be in a 
        form that the Secretary determines to be appropriate 
        and shall contain, at a minimum, the following:
                  [(A) An identification of transportation 
                facilities (including but not necessarily 
                limited to major roadways, transit, and 
                multimodal and intermodal facilities) that 
                should function as an integrated metropolitan 
                transportation system, giving emphasis to those 
                facilities that serve important national and 
                regional transportation functions. In 
                formulating the long-range transportation plan, 
                the metropolitan planning organization shall 
                consider factors described in subsection (f) as 
                such factors relate to a 20-year forecast 
                period.
                  [(B) A financial plan that demonstrates how 
                the adopted long-range transportation plan can 
                be implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                plan, and recommends any additional financing 
                strategies for needed projects and programs. 
                The financial plan may include, for 
                illustrative purposes, additional projects that 
                would be included in the adopted long-range 
                transportation plan if reasonable additional 
                resources beyond those identified in the 
                financial plan were available. For the purpose 
                of developing the long-range transportation 
                plan, the metropolitan planning organization 
                and State shall cooperatively develop estimates 
                of funds that will be available to support plan 
                implementation.
                  [(C) Assess capital investment and other 
                measures necessary to--
                          [(i) ensure the preservation of the 
                        existing metropolitan transportation 
                        system, including requirements for 
                        operational improvements, resurfacing, 
                        restoration, and rehabilitation of 
                        existing and future major roadways, as 
                        well as operations, maintenance, 
                        modernization, and rehabilitation of 
                        existing and future transit facilities; 
                        and
                          [(ii) make the most efficient use of 
                        existing transportation facilities to 
                        relieve vehicular congestion and 
                        maximize the mobility of people and 
                        goods.
                  [(D) Indicate as appropriate proposed 
                transportation enhancement activities.
          [(3) Coordination with clean air act agencies.--In 
        metropolitan areas which are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act, the 
        metropolitan planning organization shall coordinate the 
        development of a long-range transportation plan with 
        the process for development of the transportation 
        control measures of the State implementation plan 
        required by the Clean Air Act.
          [(4) Participation by interested parties.--Before 
        approving a long-range transportation plan, each 
        metropolitan planning organization shall provide 
        citizens, affected public agencies, representatives of 
        transportation agency employees, freight shippers, 
        providers of freight transportation services, private 
        providers of transportation, representatives of users 
        of public transit, and other interested parties with a 
        reasonable opportunity to comment on the long-range 
        transportation plan, in a manner that the Secretary 
        deems appropriate.
          [(5) Publication of long-range transportation plan.--
        Each long-range transportation plan prepared by a 
        metropolitan planning organization shall be--
                  
                  [(i) published or otherwise made readily 
                available for public review; and
                  [(ii) submitted for information purposes to 
                the Governor at such times and in such manner 
                as the Secretary shall establish.
          [(6) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(B), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(B).
  [(h) Metropolitan Transportation Improvement Program.--
          [(1) Development.--
                  [(A) In general.--In cooperation with the 
                State and any affected public transit operator, 
                the metropolitan planning organization 
                designated for a metropolitan area shall 
                develop a transportation improvement program 
                for the area for which the organization is 
                designated.
                  [(B) Opportunity for comment.--In developing 
                the program, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transit operator, shall 
                provide citizens, affected public agencies, 
                representatives of transportation agency 
                employees, freight shippers, providers of 
                freight transportation services, private 
                providers of transportation, representatives of 
                users of public transit, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed program.
                  [(C) Funding estimates.--For the purpose of 
                developing the transportation improvement 
                program, the metropolitan planning 
                organization, public transit agency, and State 
                shall cooperatively develop estimates of funds 
                that are reasonably expected to be available to 
                support program implementation.
                  [(D) Updating and approval.--The program 
                shall be updated at least once every 2 years 
                and shall be approved by the metropolitan 
                planning organization and the Governor.
          [(2) Contents.--The transportation improvement 
        program shall include--
                  [(A) a priority list of proposed federally 
                supported projects and strategies to be carried 
                out within each 3-year period after the initial 
                adoption of the transportation improvement 
                program; and
                  [(B) a financial plan that--
                          [(i) demonstrates how the 
                        transportation improvement program can 
                        be implemented;
                          [(ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          [(iii) identifies innovative 
                        financing techniques to finance 
                        projects, programs, and strategies; and
                          [(iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved 
                        transportation improvement program if 
                        reasonable additional resources beyond 
                        those identified in the financial plan 
                        were available.
          [(3) Included projects.--
                  [(A) Projects under this chapter and chapter 
                53 of title 49.--A transportation improvement 
                program developed under this subsection for a 
                metropolitan area shall include the projects 
                and strategies within the area that are 
                proposed for funding under this chapter and 
                chapter 53 of title 49.
                  [(B) Projects under chapter 2.--
                          [(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                          [(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  [(C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (g) for the 
                area.
                  [(D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project within the time 
                period contemplated for completion of the 
                project.
          [(4) Notice and comment.--Before approving a 
        transportation improvement program, a metropolitan 
        planning organization shall, in cooperation with the 
        State and any affected public transit operator, provide 
        citizens, affected public agencies, representatives of 
        transportation agency employees, freight shippers, 
        providers of freight transportation services, private 
        providers of transportation, representatives of users 
        of public transit, and other interested parties with 
        reasonable notice of and an opportunity to comment on 
        the proposed program.
          [(5) Selection of projects.--
                  [(A) In general.--Except as otherwise 
                provided in subsection (i)(4) and in addition 
                to the transportation improvement program 
                development required under paragraph (1), the 
                selection of federally funded projects in 
                metropolitan areas shall be carried out, from 
                the approved transportation improvement 
                program--
                          [(i) by--
                                  [(I) in the case of projects 
                                under this chapter, the State; 
                                and
                                  [(II) in the case of projects 
                                under chapter 53 of title 49, 
                                the designated transit funding 
                                recipients; and
                          [(ii) in cooperation with the 
                        metropolitan planning organization.
                  [(B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                transportation improvement program in place of 
                another project in the program.
          [(6) Selection of projects from illustrative list.--
                  [(A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  [(B) Required action by the secretary.--
                Action by the Secretary shall be required for a 
                State or metropolitan planning organization to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv) for 
                inclusion in an approved transportation 
                improvement program.
          [(7) Publication.--
                  [(A) Publication of transportation 
                improvement programs.--A transportation 
                improvement program involving Government 
                participation shall be published or otherwise 
                made readily available by the metropolitan 
                planning organization for public review.
                  [(B) Publication of annual listings of 
                projects.--An annual listing of projects for 
                which Federal funds have been obligated in the 
                preceding year shall be published or otherwise 
                made available by the metropolitan planning 
                organization for public review. The listing 
                shall be consistent with the categories 
                identified in the transportation improvement 
                program.
  [(i) Transportation Management Areas.--
          [(1) Designation.--
                  [(A) Required designations.--The Secretary 
                shall designate as a transportation management 
                area each urbanized area with a population of 
                over 200,000 individuals.
                  [(B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          [(2) Transportation plans and programs.--Within a 
        transportation management area, transportation plans 
        and programs shall be based on a continuing and 
        comprehensive transportation planning process carried 
        out by the metropolitan planning organization in 
        cooperation with the State and transit operators.
          [(3) Congestion management system.--Within a 
        transportation management area, the transportation 
        planning process under this section shall include a 
        congestion management system that provides for 
        effective management of new and existing transportation 
        facilities eligible for funding under this title and 
        chapter 53 of title 49 through the use of travel demand 
        reduction and operational management strategies. The 
        Secretary shall establish an appropriate phase-in 
        schedule for compliance with the requirements of this 
        section.
          [(4) Selection of projects.--
                  [(A) In general.--All federally funded 
                projects carried out within the boundaries of a 
                transportation management area under this title 
                (excluding projects carried out on the National 
                Highway System and projects carried out under 
                the bridge program or the Interstate 
                maintenance program) or under chapter 53 of 
                title 49 shall be selected for implementation 
                from the approved transportation improvement 
                program by the metropolitan planning 
                organization designated for the area in 
                consultation with the State and any affected 
                public transit operator.
                  [(B) National highway system projects.--
                Projects carried out within the boundaries of a 
                transportation management area on the National 
                Highway System and projects carried out within 
                such boundaries under the bridge program or the 
                Interstate maintenance program shall be 
                selected for implementation from the approved 
                transportation improvement program by the State 
                in cooperation with the metropolitan planning 
                organization designated for the area.
          [(5) Certification.--
                  [(A) In general.--The Secretary shall--
                          [(i) ensure that the metropolitan 
                        planning process in each transportation 
                        management area is being carried out in 
                        accordance with applicable provisions 
                        of Federal law; and
                          [(ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        3 years, that the requirements of this 
                        paragraph are met with respect to the 
                        transportation management area.
                  [(B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          [(i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          [(ii) there is a transportation 
                        improvement program for the area that 
                        has been approved by the metropolitan 
                        planning organization and the Governor.
                  [(C) Effect of failure to certify.--
                          [(i) Withholding of funds.--If a 
                        metropolitan planning process is not 
                        certified, the Secretary may withhold 
                        up to 20 percent of the apportioned 
                        funds attributable to the 
                        transportation management area under 
                        this title and chapter 53 of title 49.
                          [(ii) Restoration of withheld 
                        funds.--The withheld apportionments 
                        shall be restored to the metropolitan 
                        area at such time as the metropolitan 
                        planning organization is certified by 
                        the Secretary.
                          [(iii) Feasibility of private 
                        enterprise participation.--The 
                        Secretary shall not withhold 
                        certification under this paragraph 
                        based on the policies and criteria 
                        established by a metropolitan planning 
                        organization or transit grant recipient 
                        for determining the feasibility of 
                        private enterprise participation in 
                        accordance with section 5306(a) of 
                        title 49.
                  [(D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  [(j) Abbreviated Plans and Programs for Certain Areas.--
          [(1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated long-range transportation plan and 
        transportation improvement program for the metropolitan 
        area that the Secretary determines is appropriate to 
        achieve the purposes of this section, taking into 
        account the complexity of transportation problems in 
        the area.
          [(2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or programs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  [(k) Transfer of Funds.--Funds made available for a highway 
project under chapter 53 of title 49 shall be transferred to 
and administered by the Secretary in accordance with the 
requirements of this title. Funds made available for a transit 
project under the Federal-Aid Highway Act of 1991 shall be 
transferred to and administered by the Secretary in accordance 
with the requirements of chapter 53 of title 49. The provisions 
of title 23, United States Code, regarding the non-Federal 
share shall apply to title 23 funds used for transit projects 
and the provisions of chapter 53 of title 49 regarding non-
Federal share shall apply to chapter 53 funds used for highway 
projects.
  [(l) Additional Requirements for Certain Nonattainment 
Areas.--
          [(1) In general.--Notwithstanding any other 
        provisions of this title or chapter 53 of title 49, for 
        transportation management areas classified as 
        nonattainment for ozone or carbon monoxide pursuant to 
        the Clean Air Act, Federal funds may not be programmed 
        in such area for any highway project that will result 
        in a significant increase in carrying capacity for 
        single-occupant vehicles unless the project is part of 
        an approved congestion management system.
          [(2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (c).
  [(m) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under this title or chapter 53 of title 49.
  [(n) Funding.--
          [(1) In general.--Funds set aside under section 
        104(f) of this title to carry out sections 5303 through 
        5305 of title 49 shall be available to carry out this 
        section.
          [(2) Unused funds.--Any funds that are not used to 
        carry out this section may be made available by the 
        metropolitan planning organization to the State to fund 
        activities under section 135.
  [(o) Continuation of Current Review Practice.--Since plans 
and programs described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the plans and programs are subject to 
review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and since decisions by the Secretary 
concerning plans and programs described in this section have 
not been reviewed under such Act as of January 1, 1997, any 
decision by the Secretary concerning a plan or program 
described in this section shall not be considered to be a 
Federal action subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

[Sec. 135. Statewide planning

  [(a) General Requirements.--
          [(1) Findings.--It is in the national interest to 
        encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and through urbanized areas, 
        while minimizing transportation-related fuel 
        consumption and air pollution.
          [(2) Development of plans and programs.--Subject to 
        section 134 of this title and sections 5303 through 
        5305 of title 49, each State shall develop 
        transportation plans and programs for all areas of the 
        State.
          [(3) Contents.--The plans and programs for each State 
        shall provide for the development and integrated 
        management and operation of transportation systems and 
        facilities (including pedestrian walkways and bicycle 
        transportation facilities) that will function as an 
        intermodal transportation system for the State and an 
        integral part of an intermodal transportation system 
        for the United States.
          [(4) Process of development.--The process for 
        developing the plans and programs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  [(b) Coordination With Metropolitan Planning; State 
Implementation Plan.--In carrying out planning under this 
section, a State shall coordinate such planning with the 
transportation planning activities carried out under section 
134 of this title and sections 5303 through 5305 of title 49 
for metropolitan areas of the State and shall carry out its 
responsibilities for the development of the transportation 
portion of the State implementation plan to the extent required 
by the Clean Air Act.
  [(c) Scope of Planning Process.--
          [(1) In general.--Each State shall carry out a 
        transportation planning process that provides for 
        consideration of projects and strategies that will--
                  [(A) support the economic vitality of the 
                United States, the States, and metropolitan 
                areas, especially by enabling global 
                competitiveness, productivity, and efficiency;
                  [(B) increase the safety and security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the accessibility and mobility 
                options available to people and for freight;
                  [(D) protect and enhance the environment, 
                promote energy conservation, and improve 
                quality of life;
                  [(E) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  [(F) promote efficient system management and 
                operation; and
                  [(G) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of 
        title 5 in any matter affecting a transportation plan, 
        a transportation improvement plan, a project or 
        strategy, or the certification of a planning process.
  [(d) Additional Requirements.--In carrying out planning under 
this section, each State shall, at a minimum, consider--
          [(1) with respect to nonmetropolitan areas, the 
        concerns of local elected officials representing units 
        of general purpose local government;
          [(2) the concerns of Indian tribal governments and 
        Federal land management agencies that have jurisdiction 
        over land within the boundaries of the State; and
          [(3) coordination of transportation plans, programs, 
        and planning activities with related planning 
        activities being carried out outside of metropolitan 
        planning areas.
  [(e) Long-Range Transportation Plan.--
          [(1) Development.--Each State shall develop a long-
        range transportation plan, with a minimum 20-year 
        forecast period, for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          [(2) Consultation with governments.--
                  [(A) Metropolitan areas.--With respect to 
                each metropolitan area in the State, the long-
                range transportation plan shall be developed in 
                cooperation with the metropolitan planning 
                organization designated for the metropolitan 
                area under section 134 of this title and 
                section 5303 of title 49.
                  [(B) Nonmetropolitan areas.--With respect to 
                each nonmetropolitan area, the long-range 
                transportation plan shall be developed in 
                consultation with affected local officials with 
                responsibility for transportation.
                  [(C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the long-range 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
          [(3) Participation by interested parties.--In 
        developing the long-range transportation plan, the 
        State shall--
                  [(A) provide citizens, affected public 
                agencies, representatives of transportation 
                agency employees, freight shippers, private 
                providers of transportation, representatives of 
                users of public transit, providers of freight 
                transportation services, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed plan; and
                  [(B) identify transportation strategies 
                necessary to efficiently serve the mobility 
                needs of people.
          [(4) Financial plan.--The long-range transportation 
        plan may include a financial plan that demonstrates how 
        the adopted long-range transportation plan can be 
        implemented, indicates resources from public and 
        private sources that are reasonably expected to be made 
        available to carry out the plan, and recommends any 
        additional financing strategies for needed projects and 
        programs. The financial plan may include, for 
        illustrative purposes, additional projects that would 
        be included in the adopted transportation plan if 
        reasonable additional resources beyond those identified 
        in the financial plan were available.
          [(5) Selection of projects from illustrative list.--
        Notwithstanding paragraph (4), a State shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (4).
  [(f) State Transportation Improvement Program.--
          [(1) Development.--
                  [(A) In general.--Each State shall develop a 
                transportation improvement program for all 
                areas of the State.
                  [(B) Consultation with governments.--
                          [(i) Metropolitan areas.--With 
                        respect to each metropolitan area in 
                        the State, the program shall be 
                        developed in cooperation with the 
                        metropolitan planning organization 
                        designated for the metropolitan area 
                        under section 134 of this title and 
                        section 5303 of title 49.
                          [(ii) Nonmetropolitan areas.--
                                  [(I) In general.--With 
                                respect to each nonmetropolitan 
                                area in the State, the program 
                                shall be developed in 
                                consultation with affected 
                                local officials with 
                                responsibility for 
                                transportation.
                                  [(II) Review.--Not later than 
                                1 year after the date of 
                                enactment of this subclause, 
                                the State shall submit to the 
                                Secretary the details of the 
                                consultative planning process 
                                developed by the State for 
                                nonmetropolitan areas under 
                                subclause (I). The Secretary 
                                shall not review or approve 
                                such process.
                          [(iii) Indian tribal areas.--With 
                        respect to each area of the State under 
                        the jurisdiction of an Indian tribal 
                        government, the program shall be 
                        developed in consultation with the 
                        tribal government and the Secretary of 
                        the Interior.
                  [(C) Participation by interested parties.--In 
                developing the program, the Governor shall 
                provide citizens, affected public agencies, 
                representatives of transportation agency 
                employees, freight shippers, private providers 
                of transportation, providers of freight 
                transportation services, representatives of 
                users of public transit, and other interested 
                parties with a reasonable opportunity to 
                comment on the proposed program.
          [(2) Included projects.--
                  [(A) In general.--A transportation 
                improvement program developed under this 
                subsection for a State shall include federally 
                supported surface transportation expenditures 
                within the boundaries of the State.
                  [(B) Chapter 2 projects.--
                          [(i) Regionally significant 
                        projects.--Regionally significant 
                        projects proposed for funding under 
                        chapter 2 shall be identified 
                        individually in the transportation 
                        improvement program.
                          [(ii) Other projects.--Projects 
                        proposed for funding under chapter 2 
                        that are not determined to be 
                        regionally significant shall be grouped 
                        in 1 line item or identified 
                        individually in the transportation 
                        improvement program.
                  [(C) Consistency with long-range 
                transportation plan.--Each project shall be--
                          [(i) consistent with the long-range 
                        transportation plan developed under 
                        this section for the State;
                          [(ii) identical to the project as 
                        described in an approved metropolitan 
                        transportation improvement program; and
                          [(iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act (42 U.S.C. 7401 et seq.), 
                        if the project is carried out in an 
                        area designated as nonattainment for 
                        ozone or carbon monoxide under such 
                        Act.
                  [(D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project within the time 
                period contemplated for completion of the 
                project.
                  [(E) Financial plan.--The transportation 
                improvement program may include a financial 
                plan that demonstrates how the approved 
                transportation improvement program can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                plan, and recommends any additional financing 
                strategies for needed projects and programs. 
                The financial plan may include, for 
                illustrative purposes, additional projects that 
                would be included in the adopted transportation 
                plan if reasonable additional resources beyond 
                those identified in the financial plan were 
                available.
                  [(F) Selection of projects from illustrative 
                list.--
                          [(i) No required selection.--
                        Notwithstanding subparagraph (E), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (E).
                          [(ii) Required action by the 
                        secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (E) 
                        for inclusion in an approved 
                        transportation improvement program.
                  [(G) Priorities.--The program shall reflect 
                the priorities for programming and expenditures 
                of funds, including transportation enhancement 
                activities, required by this title.
          [(3) Project selection for areas of less than 50,000 
        population.--
                  [(A) In general.--Projects carried out in 
                areas with populations of less than 50,000 
                individuals (excluding projects carried out on 
                the National Highway System and projects 
                carried out under the bridge program or the 
                Interstate maintenance program) shall be 
                selected, from the approved statewide 
                transportation improvement program, by the 
                State in cooperation with the affected local 
                officials.
                  [(B) National highway system projects.--
                Projects carried out in areas described in 
                subparagraph (A) on the National Highway System 
                and projects carried out in such areas under 
                the bridge program or the Interstate 
                maintenance program shall be selected, from the 
                approved statewide transportation improvement 
                program, by the State in consultation with the 
                affected local officials.
          [(4) Biennial review and approval.--A transportation 
        improvement program developed under this subsection 
        shall be reviewed and, on a finding that the planning 
        process through which the program was developed is 
        consistent with this section, section 134, and sections 
        5303 through 5305 of title 49, approved not less 
        frequently than biennially by the Secretary.
          [(5) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved statewide 
        transportation improvement program in place of another 
        project in the program.
  [(g) Funding.--Funds set aside pursuant to section 505(a) of 
title 23, United States Code, shall be available to carry out 
the requirements of this section.
  [(h) Treatment of Certain State Laws as Congestion Management 
Systems.--For purposes of this section, section 134, and 
sections 5303-5306 and 5323(k) of title 49, State laws, rules 
or regulations pertaining to congestion management systems or 
programs may constitute the congestion management system under 
this Act if the Secretary finds that the State laws, rules or 
regulations are consistent with, and fulfill the intent of, the 
purposes of this section, section 134 or sections 5303-5306 and 
5323(k), as appropriate.
  [(i) Continuation of Current Review Practice.--Since plans 
and programs described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the plans and programs are subject to 
review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and since decisions by the Secretary 
concerning plans and programs described in this section have 
not been reviewed under such Act as of January 1, 1997, any 
decision by the Secretary concerning a plan or program 
described in this section shall not be considered to be a 
Federal action subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).]

Sec. 134. Metropolitan planning

  Metropolitan transportation planning programs funded under 
section 104(f) shall be carried out in accordance with the 
metropolitan planning provisions of chapter 52, title 49, 
United States Code.

Sec. 135. Statewide planning

  Statewide transportation planning programs funded under 
section 104(f) shall be carried out in accordance with the 
statewide planning provisions of chapter 52, title 49, United 
States Code.

           *       *       *       *       *       *       *

Sec. 138. Preservation of parklands

  (a) Policy.--It is hereby declared to be the national policy 
that special effort should be made to preserve the natural 
beauty of the countryside and public park and recreation lands, 
wildlife and waterfowl refuges, and historic sites. The 
Secretary of Transportation shall cooperate and consult with 
the Secretaries of the Interior, Housing and Urban Development, 
and Agriculture, and with the States in developing 
transportation plans and programs that include measures to 
maintain or enhance the natural beauty of the lands traversed. 
After the effective date of the Federal-Aid Highway Act of 
1968, the Secretary shall not approve any program or project 
(other than any project for a park road or parkway under 
section 204 of this title) which requires the use of any 
publicly owned land from a public park, recreation area, or 
wildlife and waterfowl refuge of national, State, or local 
significance as determined by the Federal, State, or local 
officials having jurisdiction thereof, or any land from an 
historic site of national, State, or local significance as so 
determined by such officials unless (1) there is no feasible 
and prudent alternative to the use of such land, and (2) such 
program includes all possible planning to minimize harm to such 
park, recreational area, wildlife and waterfowl refuge, or 
historic site resulting from such use.
  (b) Special Rules for Historic Sites.--
          (1) In general.--The requirements of this section are 
        deemed to be satisfied in any case in which the 
        treatment of a historic site has been agreed upon in 
        accordance with section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f) and the agreement 
        includes a determination that the program or project 
        will not have an adverse effect on the historic site.
          (2) Limitation on applicability.--This subsection 
        does not apply in any case in which the Advisory 
        Council on Historic Preservation determines, concurrent 
        with or prior to the conclusion of section 106 
        consultation, that allowing section 106 compliance to 
        satisfy the requirements of this section would be 
        inconsistent with the objectives of the National 
        Historic Preservation Act. The Council shall make such 
        a determination if petitioned to do so by a section 106 
        consulting party, unless the Council affirmatively 
        finds that the views of the requesting party have been 
        adequately considered and that section 106 compliance 
        will adequately protect historic properties.
          (3) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Section 106 consultation.--The term 
                ``section 106 consultation'' means the 
                consultation process required under section 106 
                of the National Historic Preservation Act (16 
                U.S.C. 470f).
                  (B) Adverse effect.--The term ``adverse 
                effect'' means altering, directly or 
                indirectly, any of the characteristics of a 
                historic property that qualify the property for 
                inclusion in the National Register in a manner 
                that would diminish the integrity of the 
                property's location, design, setting, 
                materials, workmanship, feeling, or 
                association.
  (c) Studies.--In carrying out the national policy declared in 
this section the Secretary, in cooperation with the Secretary 
of the Interior and appropriate State and local officials, is 
authorized to conduct studies as to the most feasible Federal-
aid routes for the movement of motor vehicular traffic through 
or around national parks so as to best serve the needs of the 
traveling public while preserving the natural beauty of these 
areas.

           *       *       *       *       *       *       *

Sec. 139. Motor vehicle congestion relief

  (a) In General.--Each State that has an urbanized area with 
an urbanized area population of over 200,000 individuals shall 
obligate in each of fiscal years 2005 through 2009 a portion of 
the State's apportionments under section 104(b) in such fiscal 
year, as calculated under subsection (b), for congestion relief 
activities in such urbanized areas in accordance with this 
section.
  (b) Calculation of Amount.--The portion of a State's 
apportionments for a fiscal year to be obligated for congestion 
relief activities under subsection (a) shall be determined by 
multiplying--
          (1) the total of amounts apportioned to the State 
        under each of paragraphs (1), (2), (3), and (4) of 
        section 104(b) in such fiscal year; by
          (2) 10 percent; by
          (3) the percentage of the State's population residing 
        in urbanized areas of the State with an urbanized area 
        population of over 200,000 individuals.
  (c) Allocation Between Under One and Under Three Congestion 
Relief Activities.--Of the total amount of a State's 
apportionments to be obligated for congestion relief activities 
for a fiscal year as calculated under subsection (b)--
          (1) 40 percent shall be obligated for under one 
        congestion relief activities;
          (2) 35 percent shall be obligated for under three 
        congestion relief activities; and
          (3) 25 percent shall be obligated at the discretion 
        of the State department of transportation for 1 or more 
        of the following:
                  (A) Under one congestion relief activities.
                  (B) Under three congestion relief activities.
                  (C) Capital costs for transit projects that 
                are eligible for assistance under chapter 53 of 
                title 49.
                  (D) Demand relief projects and activities 
                that shift demand to non-peak hours or to other 
                modes of transportation or that reduce the 
                overall level of demand for roads through such 
                means as telecommuting, ridesharing, 
                alternative work hour programs, and value 
                pricing.
  (d) Obligation of Amounts.--
          (1) In general.--In complying with the requirements 
        of this section, the amounts obligated by a State for 
        congestion relief activities under subsection (a) shall 
        be allocated among the individual programs for which 
        funds are apportioned under sections 104(b)(1), 
        104(b)(2), 104(b)(3), and 104(b)(4).
          (2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed as requiring a State 
        to obligate proportional or equal amounts under 
        sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) 
        for any congestion relief activity under this section.
  (e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as altering or otherwise affecting 
the applicability of the requirements of this chapter 
(including requirements relating to the eligibility of a 
project for assistance under the program, the location of the 
project, and the Federal-share payable on account of the 
project) to amounts apportioned to a State for a program under 
section 104(b) that are obligated by the State for congestion 
relief activities under subsection (a).
  (f) Joint Responsibility.--Each State, each affected 
metropolitan planning organization, and the Secretary shall 
jointly ensure compliance with this section.
  (g) Transfers.--
          (1) In general.--A State may transfer a portion of 
        the amount that the State must obligate for under one 
        congestion relief activities in a fiscal year under 
        this section to the amount the State must obligate for 
        under three congestion relief activities under this 
        section if the State certifies to the Secretary that 
        there are no under one congestion relief activities for 
        which such portion can be obligated in such fiscal year 
        and the Secretary does not disapprove such transfer 
        within 30 days after the date of such certification.
          (2) Limitation.--The amount that a State may transfer 
        in a fiscal year under this subsection may not reduce 
        the amount the State must obligate for under one 
        congestion relief activities to less than 10 percent of 
        the total amount of the State's apportionments to be 
        obligated for congestion relief activities for such 
        fiscal year as calculated under subsection (b).
          (3) Treatment.--Amounts transferred by a State under 
        this subsection for a fiscal year shall be included in 
        the amount of the State's apportionments allocated for 
        under three congestion relief activities for such 
        fiscal year under subsection (c)(2).
  (h) Definitions.--In this section, the following definitions 
apply:
          (1) Congestion relief activities.--
                  (A) In general.--The term ``congestion relief 
                activity'' means any activity, project, or 
                program that has as its primary purpose, as 
                determined by the State transportation 
                department, the relief of motor vehicle 
                congestion.
                  (B) Inclusions.--Such term includes the 
                following:
                          (i) Relief of motor vehicle 
                        congestion through additional capacity, 
                        construction of additional lanes, 
                        improvements to interchanges, improved 
                        access to major terminals, construction 
                        of parallel roads, construction of 
                        truck only lanes, and major arterial 
                        improvements.
                          (ii) Transportation systemwide 
                        operational improvements targeted at 
                        increasing motor vehicle travel 
                        reliability through such means as 
                        incident management programs, traffic 
                        monitoring and surveillance, and 
                        traveler information initiatives.
                          (iii) Maximizing efficient use of 
                        existing motor vehicle travel capacity 
                        through such means as reversible lanes, 
                        coordinated traffic signalization, and 
                        managed lanes or other lane management 
                        strategies.
                  (C) Exclusions.--Such term does not include 
                demand relief projects and activities that 
                shift demand to non-peak hours or to other 
                modes of transportation or that reduce the 
                overall level of demand for roads through such 
                means as telecommuting, ridesharing, 
                alternative work hour programs, and value 
                pricing.
          (2) Under one congestion relief activities.--The term 
        ``under one congestion relief activity'' means a 
        congestion relief activity that--
                  (A) will be completed within one year after 
                the date of commencement of onsite 
                improvements;
                  (B) has a total projected cost of less than 
                $1,000,000; and
                  (C) will improve conditions in the applicable 
                urbanized area or is an element of the 
                congestion management system of the applicable 
                metropolitan planning organization.
          (3) Under three congestion relief activities.--The 
        term ``under three congestion relief activities'' means 
        congestion relief activities that--
                  (A) will be completed within 3 years after 
                the date of commencement of onsite 
                improvements; and
                  (B) will improve conditions in the applicable 
                urbanized area or is an element of the 
                congestion management system of the applicable 
                metropolitan planning organization.

           *       *       *       *       *       *       *

Sec. 143. Highway use tax evasion projects

  (a) * * *
  (b) Projects.--
          (1) * * *
          (2) Allocation of funds.--Funds made available to 
        carry out this section may be allocated to the Internal 
        Revenue Service and the States at the discretion of the 
        Secretary; except that of funds so made available for 
        each of fiscal years 2004 through 2009, $2,000,000 
        shall be available only to carry out intergovernmental 
        enforcement efforts, including research and training.
          (3) Conditions on funds allocated to internal revenue 
        service.--[The] Except as otherwise provided in this 
        section, the Secretary shall not impose any condition 
        on the use of funds allocated to the Internal Revenue 
        Service under this subsection.
          (4) Limitation on use of funds.--Funds made available 
        to carry out this section shall be used only--
                  (A) * * *

           *       *       *       *       *       *       *

                  (F) to reimburse State expenses that 
                supplement existing fuel tax compliance 
                efforts; [and]
                  (G) to analyze and implement programs to 
                reduce tax evasion associated with other 
                highway use taxes[.];
                  (H) to support efforts between States and 
                Indian tribes to address issues related to 
                State motor fuel taxes; and
                  (I) to analyze and implement programs to 
                reduce tax evasion associated with foreign 
                imported fuel.

           *       *       *       *       *       *       *

          (9) Reports.--The Commissioner of the Internal 
        Revenue Service and each State shall submit to the 
        Secretary an annual report that describes the projects, 
        examinations, and criminal investigations funded by and 
        carried out under this section. Such report shall 
        specify the annual yield estimated for each project 
        funded under this section.
  (c) Excise Fuel Reporting System.--
          (1) In general.--Not later than [August 1, 1998,] 90 
        days after the date of enactment of the Transportation 
        Equity Act: A Legacy for Users, the Secretary shall 
        enter into a memorandum of understanding with the 
        Commissioner of the Internal Revenue Service for the 
        purposes of the [development] completion, operation, 
        and maintenance by the Internal Revenue Service of [an 
        excise fuel reporting system (in this subsection 
        referred to as the ``system'')] an excise summary 
        terminal activity reporting system.
          (2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  (A) the Internal Revenue Service shall 
                [develop] complete and maintain [the system] 
                the excise summary terminal activity reporting 
                system through contracts;
                  (B) the system shall be under the control of 
                the Internal Revenue Service; [and]
                  (C) the system shall be made available for 
                use by appropriate State and Federal revenue, 
                tax, and law enforcement authorities, subject 
                to section 6103 of the Internal Revenue Code of 
                1986[.]; and
                  (D) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall 
                approve a budget and project plan for the 
                completion, operation, and maintenance of the 
                system.
          [(3) Funding priority.--Of the amounts made available 
        to carry out this section for each of fiscal years 1998 
        through 2003, and prior to funding any other activity 
        under this section, the Secretary shall make available 
        sufficient funds to the Internal Revenue Service to 
        establish and operate an automated fuel reporting 
        system.]
          (3) Funding.--Of the amounts made available to carry 
        out this section for each of fiscal years 2004 through 
        2009, the Secretary shall make available to the 
        Internal Revenue Service such funds as may be necessary 
        to complete, operate, and maintain the excise summary 
        terminal activity reporting system in accordance with 
        this subsection.
  (d) Pipeline, Vessel, and Barge Registration System.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this subsection, the Secretary 
        shall enter into a memorandum of understanding with the 
        Commissioner of the Internal Revenue Service for the 
        purposes of the development, operation, and maintenance 
        of a registration system for pipelines, vessels, and 
        barges, and operators of such pipelines, vessels, and 
        barges, that make bulk transfers of taxable fuel.
          (2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  (A) the Internal Revenue Service shall 
                develop and maintain the registration system 
                through contracts;
                  (B) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall 
                approve a budget and project plan for 
                development, operation, and maintenance of the 
                registration system;
                  (C) the registration system shall be under 
                the control of the Internal Revenue Service; 
                and
                  (D) the registration system shall be made 
                available for use by appropriate State and 
                Federal revenue, tax, and law enforcement 
                authorities, subject to section 6103 of the 
                Internal Revenue Code of 1986.
          (3) Funding.--Of the amounts made available to carry 
        out this section for each of fiscal years 2004 through 
        2009, the Secretary shall make available to the 
        Internal Revenue Service such funds as may be necessary 
        to complete, operate, and maintain a registration 
        system for pipelines, vessels, and barges, and 
        operators of such pipelines, vessels, and barges, that 
        make bulk transfers of taxable fuel in accordance with 
        this subsection.
  (e) Heavy Vehicle Use Tax Payment Database.--
          (1) In general.--Not later than 90 days after the 
        date of enactment of this subsection, the Secretary 
        shall enter into a memorandum of understanding with the 
        Commissioner of the Internal Revenue Service for the 
        purposes of the establishment, operation, and 
        maintenance of an electronic database of heavy vehicle 
        highway use tax payments.
          (2) Elements of memorandum of understanding.--The 
        memorandum of understanding shall provide that--
                  (A) the Internal Revenue Service shall 
                establish and maintain the electronic database 
                through contracts;
                  (B) the Commissioner of the Internal Revenue 
                Service shall submit and the Secretary shall 
                approve a budget and project plan for 
                establishment, operation, and maintenance of 
                the electronic database;
                  (C) the electronic database shall be under 
                the control of the Internal Revenue Service; 
                and
                  (D) the electronic database shall be made 
                available for use by appropriate State and 
                Federal revenue, tax, and law enforcement 
                authorities, subject to section 6103 of the 
                Internal Revenue Code of 1986.
          (3) Funding.--Of the amounts made available to carry 
        out this section for each of fiscal years 2004 through 
        2009, the Secretary shall make available to the 
        Internal Revenue Service such funds as may be necessary 
        to establish, operate, and maintain an electronic 
        database of heavy vehicle highway use tax payments in 
        accordance with this subsection.
  (f) Reports.--Not later than March 31 and September 30 of 
each year, the Commissioner of the Internal Revenue Service 
shall provide reports to the Secretary on the status of the 
Internal Revenue Service projects funded under this section 
related to the excise summary terminal activity reporting 
system, the pipeline, vessel, and barge registration system, 
and the heavy vehicle use tax electronic database.

           *       *       *       *       *       *       *

Sec. 144. Highway bridge replacement and rehabilitation program

  (a) * * *

           *       *       *       *       *       *       *

  [(d) Whenever any State or States make application to the 
Secretary for assistance in replacing or rehabilitating a 
highway bridge which the priority system established under 
subsection (b) and (c) of this section shows to be eligible, 
the Secretary may approve Federal participation in replacing 
such bridge with a comparable facility or in rehabilitating 
such bridge. Whenever any State makes application to the 
Secretary for assistance in painting and seismic retrofit, or 
applying calcium magnesium acetate, sodium acetate/formate, or 
other environmentally acceptable, minimally corrosive anti-
icing and de-icing compositions or installing scour 
countermeasures to, the structure of a highway bridge, the 
Secretary may approve Federal participation in the painting or 
seismic retrofit of, or application of such acetate or sodium 
acetate/formate or such anti-icing or de-icing composition or 
installation of such countermeasures to, such structure. The 
Secretary shall determine the eligibility of highway bridges 
for replacement or rehabilitation for each State based upon the 
unsafe highway bridges in such State, except that a State may 
carry out a project for seismic retrofit of a bridge under this 
section without regard to whether the bridge is eligible for 
replacement or rehabilitation under this section. In approving 
projects (other than projects for bridge structure painting or 
seismic retrofit or application of such acetate or sodium 
acetate/formate or such anti-icing or de-icing composition or 
installation of such countermeasures) under this section, the 
Secretary shall give consideration to those projects which will 
remove from service those highway bridges most in danger of 
failure.]
  (d) Applications for and Approval of Assistance.--
          (1) Bridge replacement or rehabilitation.--Whenever 
        any State or States make application to the Secretary 
        for assistance in replacing or rehabilitating a highway 
        bridge which the priority system established under 
        subsections (b) and (c) shows to be eligible, the 
        Secretary may approve Federal participation in 
        replacing such bridge with a comparable facility or in 
        rehabilitating such bridge.
          (2) Preventive maintenance, scour measures, and 
        applications of certain compositions.--Whenever any 
        State makes application to the Secretary for assistance 
        in painting, seismic retrofit, or preventive 
        maintenance of, or installing scour countermeasures or 
        applying calcium magnesium acetate, sodium acetate/
        formate, or other environmentally acceptable, minimally 
        corrosive anti-icing and de-icing compositions to, the 
        structure of a highway bridge, the Secretary may 
        approve Federal participation in the painting, seismic 
        retrofit, or preventive maintenance of, or installation 
        of scour countermeasures or application of acetate or 
        sodium acetate/formate or such anti-icing or de-icing 
        composition to, such structure.
          (3) Eligibility.--The Secretary shall determine the 
        eligibility of highway bridges for replacement or 
        rehabilitation for each State based upon the unsafe 
        highway bridges in such State; except that a State may 
        carry out a project for preventive maintenance on a 
        bridge, seismic retrofit of a bridge, or installing 
        scour countermeasures to a bridge under this section 
        without regard to whether the bridge is eligible for 
        replacement or rehabilitation under this section.

           *       *       *       *       *       *       *

  (g) Set Asides.--
          (1) Discretionary bridge program.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Fiscal years 2004 through 2009.--Of the 
                amounts authorized to be appropriated to carry 
                out the bridge program under this section for 
                each of the fiscal years 2004 through 2009, all 
                but $100,000,000 shall be apportioned as 
                provided in subsection (e). Such $100,000,000 
                shall be available at the discretion of the 
                Secretary; except that $25,000,000 shall be 
                available only for projects for the seismic 
                retrofit of bridges, and of which $10,000,000 
                shall be available only for the seismic 
                retrofit of a bridge described in subsection 
                (l), and except as provided in subparagraph 
                (E).
                  (E) Gravina access.--
                          (i) In general.--Of the amounts 
                        authorized to be appropriated to carry 
                        out the bridge program under this 
                        paragraph, for each of the fiscal years 
                        2005 through 2009, $10,000,000 shall be 
                        set aside from the $100,000,000 
                        available at the discretion of the 
                        Secretary under subparagraph (D) for 
                        the construction of a bridge joining 
                        the Island of Gravina to the community 
                        of Ketchikan in Alaska.
                          (ii) Scoring.--The project described 
                        in this subparagraph shall not be 
                        counted for purposes of the reduction 
                        set forth in the fourth sentence of 
                        subsection (e).

           *       *       *       *       *       *       *

          (3) Off-system bridges.--Not less than [15 percent] 
        20 percent nor more than 35 percent of the amount 
        apportioned to each State in each of fiscal years 
        [1987] 2005 through [2004 and in the period of October 
        1, 2004, through May 31, 2005,] 2009 for the bridge 
        program, shall be expended for projects to replace, 
        rehabilitate, paint, perform systematic preventive 
        maintenance, or seismic retrofit, or apply calcium 
        magnesium acetate, sodium acetate/formate, or other 
        environmentally acceptable, minimally corrosive anti-
        icing and de-icing compositions or install scour 
        countermeasures, to highway bridges located on public 
        roads, other than those on a Federal-aid highway. The 
        Secretary, after consultation with State and local 
        officials, may, with respect to such State, reduce the 
        requirement for expenditure for bridges not on a 
        Federal-aid highway when the Secretary determines that 
        such State has inadequate needs to justify such 
        expenditure.

           *       *       *       *       *       *       *

  (i) Inventories and Reports.--The Secretary shall--
          (1) * * *

           *       *       *       *       *       *       *

Such reports shall be submitted to such committees biennially 
[at the same time as the report required by section 307(f) of 
this title is submitted to Congress].

           *       *       *       *       *       *       *

Sec. 145. Federal-State relationship

  (a) * * *
  (b) Purpose of Projects.--The projects described in section 
1702 of the Transportation Equity Act: A Legacy for Users, 
section 1602 of the Transportation Equity Act for the 21st 
Century, sections 1103 through 1108 of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2027 et seq.), 
and section 149(a) of the Surface Transportation and Uniform 
Relocation Assistance Act of 1987 (101 Stat. 181 et seq.) are 
intended to establish eligibility for Federal-aid highway funds 
made available for such projects by section 1101(a)(17) of the 
Transportation Equity Act: A Legacy for Users, section 
1101(a)(13) of the Transportation Equity Act for the 21st 
Century, [117 of title 23, United States Code,] section 117 of 
this title, sections 1103 through 1108 of the Intermodal 
Surface Transportation Efficiency Act of 1991, and subsections 
(b), (c), and (d) of section 149 of the Surface Transportation 
and Uniform Relocation Assistance Act of 1987, respectively, 
and are not intended to define the scope or limits of Federal 
action in a manner inconsistent with subsection (a).

           *       *       *       *       *       *       *

Sec. 149. Congestion mitigation and air quality improvement program

  (a) * * *
  (b) Eligible Projects.--Except as provided in subsection (c), 
a State may obligate funds apportioned to it under section 
104(b)(2) for the congestion mitigation and air quality 
improvement program only for a transportation project or 
program if the project or program is for an area in the State 
that is or was designated as a nonattainment area for ozone, 
carbon monoxide, or particulate matter under section 107(d) of 
the Clean Air Act (42 U.S.C. 7407(d)) and classified pursuant 
to section 181(a), 186(a), 188(a), or 188(b) of the Clean Air 
Act (42 U.S.C. 7511(a), 7512(a), 7513(a), or 7513(b)) or is or 
was designated as a nonattainment area under such section 
107(d) after December 31, 1997, and--
          (1) * * *

           *       *       *       *       *       *       *

          (4) to establish or operate a traffic monitoring, 
        management, and control facility or program, including 
        advanced truck stop electrification systems, if the 
        Secretary, after consultation with the Administrator of 
        the Environmental Protection Agency, determines that 
        the facility or program is likely to contribute to the 
        attainment of a national ambient air quality standard; 
        or
          (5) if the program or project improves traffic flow, 
        including projects to improve signalization, construct 
        high occupancy vehicle lanes, improve intersections, 
        improve transportation systems management and 
        operations, and implement intelligent transportation 
        system strategies and such other projects that are 
        eligible for assistance under this section on the day 
        before the date of enactment of this paragraph.

           *       *       *       *       *       *       *

Sec. 150. Deployment of intelligent transportation systems

  (a) In General.--In each of fiscal years 2005 through 2009, 
each State shall obligate a portion of the funds apportioned to 
the State under sections 104(b)(1), 104(b)(2), 104(b)(3), and 
104(b)(4) for such fiscal year, calculated under subsection 
(b), for projects described in subsection (c) that support 
deployment of intelligent transportation systems in the State.
  (b) Calculation of Amount.--The portion of a State's 
apportionments to be obligated under subsection (a) for 
projects described in subsection (c) in a fiscal year shall be 
determined by multiplying $500,000,000 by the ratio that--
          (1) the aggregate of amounts apportioned to the State 
        for such fiscal year under sections 104(b)(1), 
        104(b)(2), 104(b)(3), and 104(b)(4); bears to
          (2) the aggregate of amounts apportioned to all 
        States for such fiscal year under such sections.
  (c) Intelligent Transportation Systems Deployment Projects.--
Projects for which funds must be obligated under this section 
include the following:
          (1) Performance.--Establishment and implementation of 
        operations systems and services that improve 
        performance in the areas of traffic operations, 
        emergency response to surface transportation incidents, 
        surface transportation incident management, weather 
        event response management by State and local 
        authorities, surface transportation network and 
        facility management, construction and work zone 
        management, and traffic flow information.
          (2) Networks.--Conducting activities that support the 
        creation of networks that link metropolitan and rural 
        surface transportation systems into an integrated data 
        network, capable of collecting, sharing, and archiving 
        transportation system traffic condition and performance 
        information.
          (3) Safety.--Implementation of intelligent 
        transportation system technologies that improve highway 
        safety through linkages connecting the vehicle, the 
        infrastructure, and information to the driver.
          (4) Operation and management.--Provision of services 
        necessary to ensure the efficient operation and 
        management of intelligent transportation systems 
        infrastructure, including costs associated with 
        communications, utilities, rent, hardware, software, 
        labor, administrative costs, training, and technical 
        services.
          (5) Interagency support.--Provision of support for 
        institutional relationships between transportation 
        agencies, police, emergency medical services, private 
        emergency operators, freight operators, and shippers.
          (6) Planning.--Conducting cross-jurisdictional 
        planning and deployment of regional transportation 
        systems operations and management approaches.
  (d) Obligation of Amounts.--
          (1) In general.--In complying with the requirements 
        of this section, the amounts obligated by a State for 
        projects under subsection (c) that support deployment 
        of intelligent transportation systems in such State 
        under subsection (a) shall be allocated among the 
        individual programs for which funds are apportioned 
        under sections 104(b)(1), 104(b)(2), 104(b)(3), and 
        104(b)(4).
          (2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed as requiring a State 
        to obligate proportional or equal amounts under 
        sections 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4) 
        for any congestion relief activity under this section.
  (e) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as altering or otherwise affecting 
the applicability of the requirements of this chapter 
(including requirements relating to the eligibility of a 
project for assistance under the program, the location of the 
project, and the Federal-share payable on account of the 
project) to amounts apportioned to a State for a program under 
section 104(b) that are obligated by the State for projects 
under this section.
  (f) Joint Responsibility.--Each State, each affected 
metropolitan planning organization, and the Secretary shall 
jointly ensure compliance with this section.

           *       *       *       *       *       *       *

Sec. 152. Hazard elimination program

  (a) In General.--
          (1) Program.--Each State shall conduct and 
        systematically maintain an engineering survey of all 
        public roads to identify hazardous locations, sections, 
        and elements, including roadside obstacles and unmarked 
        or poorly marked roads, which may constitute a danger 
        to motorists, bicyclists, [and] pedestrians, and the 
        disabled, identify roadway safety improvement needs for 
        such locations, sections, and elements, assign 
        priorities for the correction of such locations, 
        sections, and elements, and establish and implement a 
        schedule of projects for their improvement.
          (2) Hazards.--In carrying out paragraph (1), a State 
        may, at its discretion--
                  (A) identify, through a survey, hazards to 
                motorists, bicyclists, pedestrians, the 
                disabled, and users of highway facilities; and

           *       *       *       *       *       *       *

  (b) The Secretary may approve as a project under this section 
any safety improvement project, including a project described 
in subsection (a) that reduces the likelihood of crashes 
involving road departures, intersections, pedestrians, the 
disabled, bicyclists, older drivers, or construction work 
zones.
  (c) Funds authorized to carry out this section shall be 
available for expenditure on--
          (1) * * *
          (2) any public surface transportation facility or any 
        publicly owned bicycle or pedestrian pathway or trail; 
        [or]
          (3) any traffic calming measure[.];
          (4) police assistance for traffic and speed 
        management in construction work zones;
          (5) installation of barriers between construction 
        work zones and traffic lanes for the safety of 
        motorists and workers;
          (6) installation of protective devices at railway-
        highway crossings; and
          (7) compilation and analysis of data under 
        subsections (f) and (g) if the funds used for this 
        purpose by a State do not exceed 2 percent of the 
        amount apportioned to such State to carry out this 
        section.
  [(d) The Federal share payable on account of any project 
under this section shall be 90 percent of the cost thereof.]
  (d) Apportionment.--
          (1) Formula.--Funds authorized to be appropriated to 
        carry out this section shall be apportioned to the 
        States in accordance with the formula set forth in 
        section 104(b)(3)(A).
          (2) Minimum apportionment.--Notwithstanding paragraph 
        (1), each State shall receive a minimum of \1/2\ of 1 
        percent of the funds apportioned under paragraph (1).
          (3) Federal share.--The Federal share payable on 
        account of any project financed with funds authorized 
        to be appropriated to carry out this section shall be 
        90 percent of the cost thereof.

           *       *       *       *       *       *       *

  (g) Each State shall report to the Secretary of 
Transportation not later than December 30 of each year, on the 
progress being made to implement safety improvement projects 
for hazard elimination and the effectiveness of such 
improvements. Each State report shall contain an assessment of 
the cost of, and safety benefits derived from, the various 
means and methods used to mitigate or eliminate hazards and the 
previous and subsequent accident experience at these locations. 
[The Secretary of Transportation shall submit a report to the 
Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure of the House of 
Representatives not later than April 1 of each year on the 
progress being made by the States in implementing the hazard 
elimination program (including but not limited to any projects 
for pavement marking). The report shall include, but not be 
limited to, the number of projects undertaken, their 
distribution by cost range, road system, means and methods 
used, and the previous and subsequent accident experience at 
improved locations. In addition, the Secretary's report shall 
analyze and evaluate each State program, identify any State 
found not to be in compliance with the schedule of improvements 
required by subsection (a) and include recommendations for 
future implementation of the hazard elimination program.]

           *       *       *       *       *       *       *

  (i) Biennial Report to Congress.--Not later than 2 years 
after the date of enactment of this subsection, and every 2 
years thereafter, the Secretary shall transmit to the Committee 
on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public 
Works of the Senate a report on the results of the program 
under this section. The report shall include, at a minimum, the 
following:
          (1) A summary of State projects completed under this 
        section categorized by the types of hazards and a 
        statement of the cost of such projects.
          (2) An analysis of the effectiveness of such 
        categories of projects in reducing the number and 
        severity of crashes at high hazard locations.
          (3) An assessment of the adequacy of authorized 
        funding for the program and State use of such funding 
        to address the national need for such projects.
          (4) Recommendations for funding and program 
        improvements to reduce the number of high hazard 
        locations.
          (5) An analysis and evaluation of each State program, 
        an identification of any State found not to be in 
        compliance with the schedule of improvements required 
        by subsection (a), and recommendations for future 
        implementation of the hazard elimination program.

Sec. 153. Use of safety belts and motorcycle helmets

  (a) * * *

           *       *       *       *       *       *       *

  (h) Penalty.--
          (1) * * *
          (2) [Thereafter] Fiscal years 1995-2004.--If, at any 
        time in a fiscal year beginning after September 30, 
        1994, and ending before October 1, 2004, a State does 
        not have in effect a law described in subsection 
        (a)(2), the Secretary shall transfer 3 percent of the 
        funds apportioned to the State for the succeeding 
        fiscal year under each of subsections (b)(1), (b)(2), 
        and (b)(3) of section 104 of this title to the 
        apportionment of the State under section 402 of this 
        title.
          (3) Fiscal year 2005 and thereafter.--On October 1, 
        2004, and each October 1 thereafter, if a State does 
        not have in effect a law described in subsection 
        (a)(2), the Secretary shall transfer from the funds 
        apportioned to the State on that date under each of 
        subsections (b)(1), (b)(2), and (b)(3) of section 104 
        to the apportionment of the State under section 402 an 
        amount equal to 3 percent of the funds apportioned to 
        the State under such subsections for fiscal year 2003.
          [(3)] (4) Federal share.--The Federal share of the 
        cost of any project carried out under section 402 with 
        funds transferred to the apportionment of section 402 
        shall be 100 percent.
          [(4)] (5) Transfer of obligation authority.--If the 
        Secretary transfers under this subsection any funds to 
        the apportionment of a State under section 402 for a 
        fiscal year, the Secretary shall allocate an amount of 
        obligation authority distributed for such fiscal year 
        to the State for Federal-aid highways and highway 
        safety construction programs for carrying out only 
        projects under section 402 [which is determined by 
        multiplying] which, for fiscal year 2005 and each 
        fiscal year thereafter, is determined by multiplying--
                  (A) * * *
                  (B) the ratio of the amount of obligation 
                authority distributed for [such fiscal year] 
                fiscal year 2003 to the State for Federal-aid 
                highways and highway safety construction 
                programs to the total of the sums apportioned 
                to the State for Federal-aid highways and 
                highway safety construction (excluding sums not 
                subject to any obligation limitation) for [such 
                fiscal year] fiscal year 2003.
          [(5)] (6) Limitation on applicability of highway 
        safety obligations.

           *       *       *       *       *       *       *

  (i) Definitions.--For the purposes of this section, the 
following definitions apply:
          (1) * * *
          [(2) Motor vehicle.--The term ``motor vehicle'' has 
        the meaning such term has under section 154 of this 
        title.]
          [(3)] (2) Passenger vehicle.--The term ``passenger 
        vehicle'' means a motor vehicle which is designed for 
        transporting 10 individuals or less, including the 
        driver, except that such term does not include a 
        vehicle which is constructed on a truck chassis, a 
        motorcycle, a trailer, or any motor vehicle which is 
        not required on the date of the enactment of this 
        section under a Federal motor vehicle safety standard 
        to be equipped with a belt system.
          [(4)] (3) Safety belt.--The term ``safety belt'' 
        means--
                  (A) * * *

           *       *       *       *       *       *       *

Sec. 154. Open container requirements

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *
          [(3)] (2) Open alcoholic beverage container.--The 
        term ``open alcoholic beverage container'' means any 
        bottle, can, or other receptacle--
                  (A) * * *

           *       *       *       *       *       *       *

          [(4)] (3) Passenger area.--The term ``passenger 
        area'' shall have the meaning given the term by the 
        Secretary by regulation.

           *       *       *       *       *       *       *

  (c) Transfer of Funds.--
          (1) * * *
          (2) Fiscal year 2003 and [fiscal years thereafter] 
        fiscal year 2004.--On October 1, 2002, [and each 
        October 1 thereafter,] if a State has not enacted or is 
        not enforcing an open container law described in 
        subsection (b), the Secretary shall transfer an amount 
        equal to 3 percent of the funds apportioned to the 
        State on that date under each of paragraphs (1), (3), 
        and (4) of section 104(b) to the apportionment of the 
        State under section 402 to be used or directed as 
        described in subparagraph (A) or (B) of paragraph (1).
          (3) Fiscal year 2005 and thereafter.--On October 1, 
        2004, and each October 1 thereafter, if a State has not 
        enacted or is not enforcing an open container law 
        described in subsection (b), the Secretary shall 
        transfer from the funds apportioned to the State on 
        that date under each of paragraphs (1), (3), and (4) of 
        section 104(b) an amount equal to 3 percent of the 
        funds apportioned to the State under such paragraphs 
        for fiscal year 2003 to be used or directed as 
        described in subparagraph (A) or (B) of paragraph (1).
          [(3)] (4) Use for hazard elimination program.--A 
        State may elect to use all or a portion of the funds 
        transferred under [paragraph (1) or (2)] paragraph (1), 
        (2), or (3) for activities eligible under section 152.
          [(4)] (5) Federal share.--The Federal share of the 
        cost of a project carried out with funds transferred 
        under [paragraph (1) or (2)] paragraph (1), (2), or 
        (3), or used under [paragraph (3)] paragraph (4), shall 
        be 100 percent.
          [(5)] (6) Derivation of amount to be transferred.--
        The amount to be transferred under [paragraph (1) or 
        (2)] paragraph (1), (2), or (3) may be derived from one 
        or more of the following:
                  (A) * * *
          [(6)] (7) Transfer of obligation authority.--
                  (A) * * *
                  (B) Amount.--[The] For fiscal year 2005 and 
                each fiscal year thereafter, the amount of 
                obligation authority referred to in 
                subparagraph (A) shall be determined by 
                multiplying--
                          (i) * * *
                          (ii) the ratio that--
                                  (I) the amount of obligation 
                                authority distributed for [the 
                                fiscal year] fiscal year 2003 
                                to the State for Federal-aid 
                                highways and highway safety 
                                construction programs, bears to
                                  (II) the total of the sums 
                                apportioned to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs (excluding sums not 
                                subject to any obligation 
                                limitation) for [the fiscal 
                                year] fiscal year 2003.
          [(7)] (8) Limitation on applicability of obligation 
        limitation.--Notwithstanding any other provision of 
        law, no limitation on the total of obligations for 
        highway safety programs under section 402 shall apply 
        to funds transferred under this subsection to the 
        apportionment of a State under such section.

           *       *       *       *       *       *       *

Sec. 157. Safety incentive grants for use of seat belts

  (a) * * *

           *       *       *       *       *       *       *

  (g) Funding.--
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $82,000,000 for fiscal year 1999, $92,000,000 for 
        fiscal year 2000, $102,000,000 for fiscal year 2001, 
        $112,000,000 for fiscal year 2002, $112,000,000 for 
        fiscal year 2003, $112,000,000 [for fiscal year 2004, 
        and $74,666,667 for the period of October 1, 2004, 
        through May 31, 2005] and for each of fiscal years 
        2003, 2004, and 2005.

           *       *       *       *       *       *       *

Sec. 163. Safety incentives to prevent operation of motor vehicles by 
                    intoxicated persons

  (a) * * *

           *       *       *       *       *       *       *

  (e) Penalty.--
          (1) In general.--On October 1, 2003, and October 1 of 
        each fiscal year thereafter, if a State has not enacted 
        or is not enforcing a law described in subsection (a), 
        the Secretary shall withhold from amounts apportioned 
        to the State on that date under each of paragraphs (1), 
        (3), and (4) of section 104(b) an amount equal to the 
        amount specified in paragraph (2).
          (2) Amount to be withheld.--If a State is subject to 
        a penalty under paragraph (1), the Secretary shall 
        withhold for a fiscal year from the apportionments of 
        the State described in paragraph (1) an amount equal to 
        a percentage of the funds apportioned to the State 
        under paragraphs (1), (3), and (4) of section 104(b) 
        for fiscal year 2003. The percentage shall be as 
        follows:
                  (A) For fiscal year 2004, 2 percent.
                  (B) For fiscal year 2005, 4 percent.
                  (C) For fiscal year 2006, 6 percent.
                  (D) For fiscal year 2007, and each fiscal 
                year thereafter, 8 percent.
          (3) Failure to comply.--If, within 4 years from the 
        date that an apportionment for a State is withheld in 
        accordance with this subsection, the Secretary 
        determines that the State has enacted and is enforcing 
        a law described in subsection (a), the apportionment of 
        the State shall be increased by an amount equal to the 
        amount withheld. If, at the end of such 4-year period, 
        any State has not enacted or is not enforcing a law 
        described in subsection (a) any amounts so withheld 
        from such State shall lapse.
  [(e)] (f) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated out of the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $55,000,000 for fiscal year 1998, $65,000,000 for 
        fiscal year 1999, $80,000,000 for fiscal year 2000, 
        $90,000,000 for fiscal year 2001, $100,000,000 for 
        fiscal year 2002, $110,000,000 for fiscal year 2003, 
        $110,000,000 [for fiscal year 2004, and $73,333,333 for 
        the period of October 1, 2004, through May 31, 2005] 
        and for each of fiscal years 2004 and 2005.

           *       *       *       *       *       *       *

Sec. 164. Minimum penalties for repeat offenders for driving while 
                    intoxicated or driving under the influence

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Motor vehicle.--The term ``motor vehicle'' [means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public highways, but 
        does not include a vehicle operated solely on a rail 
        line or] does not include a commercial vehicle.
          (5) Repeat intoxicated driver law.--The term ``repeat 
        intoxicated driver law'' means a State law that 
        provides, as a minimum penalty, that an individual 
        convicted of a second or subsequent offense for driving 
        while intoxicated or driving under the influence after 
        a previous conviction for that offense shall--
                  [(A) receive a driver's license suspension 
                for not less than 1 year;]
                  (A) receive (i) a driver's license suspension 
                for not less than 1 year, or (ii) a combination 
                of suspension of all driving privileges of an 
                individual for the first 45 days of the 
                suspension period followed by a reinstatement 
                of limited driving privileges for the propose 
                of getting to and from work, school, or an 
                alcohol treatment program if an ignition 
                interlock device is installed on each of the 
                motor vehicles owned or operated, or both, by 
                the individual;

           *       *       *       *       *       *       *

  (b) Transfer of Funds.--
          (1) * * *
          (2) Fiscal year 2003 [and fiscal years thereafter] 
        fiscal year 2004.--On October 1, 2002, [and each 
        October 1 thereafter,] if a State has not enacted or is 
        not enforcing a repeat intoxicated driver law, the 
        Secretary shall transfer an amount equal to 3 percent 
        of the funds apportioned to the State on that date 
        under each of paragraphs (1), (3), and (4) of section 
        104(b) to the apportionment of the State under section 
        402 to be used or directed as described in subparagraph 
        (A) or (B) of paragraph (1).
          (3) Fiscal year 2005 and thereafter.--On October 1, 
        2004, and each October 1 thereafter, if a State has not 
        enacted or is not enforcing a repeat intoxicated driver 
        law, the Secretary shall transfer from the funds 
        apportioned to the State on that date under each of 
        paragraphs (1), (3), and (4) of section 104(b) an 
        amount equal to 3 percent of the funds apportioned to 
        the State under such paragraphs for fiscal year 2003 to 
        be used or directed as described in subparagraph (A) or 
        (B) of paragraph (1).
          [(3)] (4) Use for hazard elimination program.--A 
        State may elect to use all or a portion of the funds 
        transferred under [paragraph (1) or (2)] paragraph (1), 
        (2), or (3) for activities eligible under section 152.
          [(4)] (5) Federal share.--The Federal share of the 
        cost of a project carried out with funds transferred 
        under [paragraph (1) or (2)] paragraph (1), (2), or 
        (3), or used under [paragraph (3)] paragraph (4), shall 
        be 100 percent.
          [(5)] (6) Derivation of amount to be transferred.--
        The amount to be transferred under [paragraph (1) or 
        (2)] paragraph (1), (2), or (3) may be derived from one 
        or more of the following:
                  (A) The apportionment of the State under 
                section 104(b)(1).
                  (B) The apportionment of the State under 
                section 104(b)(3).
                  (C) The apportionment of the State under 
                section 104(b)(4).
          [(6)] (7) Transfer of obligation authority.--
                  (A) * * *
                  (B) Amount.--[The] For fiscal year 2005 and 
                each fiscal year thereafter, the amount of 
                obligation authority referred to in 
                subparagraph (A) shall be determined by 
                multiplying--
                          (i) * * *
                          (ii) the ratio that--
                                  (I) the amount of obligation 
                                authority distributed for [the 
                                fiscal year] fiscal year 2003 
                                to the State for Federal-aid 
                                highways and highway safety 
                                construction programs, bears to
                                  (II) the total of the sums 
                                apportioned to the State for 
                                Federal-aid highways and 
                                highway safety construction 
                                programs (excluding sums not 
                                subject to any obligation 
                                limitation) for [the fiscal 
                                year] fiscal year 2003.
          [(7)] (8) Limitation on applicability of obligation 
        limitation.--Notwithstanding any other provision of 
        law, no limitation on the total of obligations for 
        highway safety programs under section 402 shall apply 
        to funds transferred under this subsection to the 
        apportionment of a State under such section.

Sec. 165. Construction of ferry boats and ferry terminal facilities

  (a) In General.--The Secretary shall carry out a program for 
construction of ferry boats and ferry terminal facilities in 
accordance with section 129(c).
  (b) Federal Share.--The Federal share payable for 
construction of ferry boats and ferry terminal facilities under 
this section shall be 80 percent of the cost thereof.
  (c) Availability of Amounts.--Amounts made available to carry 
out this section shall remain available until expended.
  (d) Set-Aside for Projects on NHS.--
          (1) In general.--$20,000,000 of the amount made 
        available to carry out this section for each of fiscal 
        years 2004 through 2009 shall be obligated for the 
        construction or refurbishment of ferry boats and ferry 
        terminal facilities and approaches to such facilities 
        within marine highway systems that are part of the 
        National Highway System.
          (2) Alaska.--$10,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of Alaska.
          (3) New jersey.--$5,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of New Jersey.
          (4) Washington.--$5,000,000 of the $20,000,000 for a 
        fiscal year made available under paragraph (1) shall be 
        made available to the State of Washington.
  (e) Applicability.--All provisions of this chapter that are 
applicable to the National Highway System, other than 
provisions relating to apportionment formula and Federal share, 
shall apply to funds made available to carry out this section, 
except as determined by the Secretary to be inconsistent with 
this section.

Sec. 166. Transportation systems management and operations

  (a) Authority.--The Secretary may--
          (1) encourage transportation system managers, 
        operators, public safety officials, and transportation 
        planners within an urbanized area, who are actively 
        engaged in and responsible for conducting activities 
        relating to day-to-day management, operations, public 
        safety, and planning of transportation facilities and 
        services, to collaborate and coordinate on a regional 
        level in a continuous and sustained manner for improved 
        transportation systems management and operations, 
        including, at a minimum--
                  (A) developing a regional concept of 
                operations that defines a regional strategy 
                shared by all transportation and public safety 
                participants for how the region's systems 
                should be managed, operated, and measured;
                  (B) sharing of information among operators, 
                service providers, public safety officials, and 
                the general public; and
                  (C) guiding, in a regionally-coordinated 
                manner, the implementation of regional 
                transportation system management and operations 
                initiatives, including emergency evacuation and 
                response, traffic incident management, 
                technology deployment, and traveler information 
                systems delivery, in a manner consistent with 
                and integrated into the ongoing metropolitan 
                and statewide transportation planning processes 
                and regional intelligent transportation system 
                architecture, if required; and
          (2) encourage States to establish a system of basic 
        real-time monitoring capability for the surface 
        transportation system and provide the capability and 
        means to share that data among agencies (including 
        highway, transit, and public safety agencies), 
        jurisdictions (including States, cities, counties, and 
        areas represented by metropolitan planning 
        organizations), private-sector entities, and the 
        traveling public.
  (b) Execution.--To support the successful execution of 
transportation systems management and operations activities, 
the Secretary may undertake the following activities:
          (1) Assist and cooperate with other Federal 
        departments and agencies, State and local governments, 
        metropolitan planning organizations, private industry 
        representatives, and other interested parties to 
        improve regional collaboration and real-time 
        information sharing between transportation system 
        managers and operators, public safety officials, 
        emergency managers, and the general public to increase 
        the security, safety, and reliability of Federal-aid 
        highways.
          (2) Issue, if necessary, new guidance or regulations 
        for the procurement of transportation system management 
        and operations facilities, equipment, and services, 
        including equipment procured in preparation for natural 
        disasters and emergencies, system hardware, software, 
        and software integration services.

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.

Sec. 168. HOV facilities

  (a) In General.--
          (1) Authority of state agencies.--A State agency that 
        has jurisdiction over the operation of a HOV facility 
        shall establish the occupancy requirements of vehicles 
        operating on the facility.
          (2) Occupancy requirement.--Except as otherwise 
        provided by this section, no fewer than 2 occupants per 
        vehicle may be required for use of a HOV facility.
  (b) Exceptions.--Notwithstanding the occupancy requirements 
of subsection (a)(2), the following exceptions shall apply with 
respect to a State agency operating a HOV facility:
          (1) Motorcycles and bicycles.--
                  (A) In general.--Subject to subparagraph (B), 
                the State agency shall allow motorcycles and 
                bicycles to use the HOV facility.
                  (B) Safety exception.--A State agency may 
                restrict use of the HOV facility by motorcycles 
                or bicycles (or both) if the agency certifies 
                to the Secretary that such use would create a 
                safety hazard and the Secretary accepts the 
                certification. The Secretary may accept a 
                certification under this subparagraph only 
                after the Secretary publishes notice of the 
                certification in the Federal Register and 
                provides an opportunity for public comment.
          (2) Public transportation vehicles.--The State agency 
        may allow public transportation vehicles to use the HOV 
        facility if the agency--
                  (A) establishes requirements for clearly 
                identifying the vehicles; and
                  (B) establishes procedures for enforcing the 
                restrictions on the use of the facility by such 
                vehicles.
          (3) High occupancy toll vehicles.--The State agency 
        may allow vehicles not otherwise exempt pursuant to 
        this subsection to use the HOV facility if the 
        operators of such vehicles pay a toll charged by the 
        agency for use of the facility and the agency--
                  (A) establishes a program that addresses how 
                motorists can enroll and participate in the 
                toll program;
                  (B) develops, manages, and maintains a system 
                that will automatically collect the toll; and
                  (C) establishes policies and procedures to--
                          (i) manage the demand to use the 
                        facility by varying the toll amount 
                        that is charged;
                          (ii) enforce violations of use of the 
                        facility; and
                          (iii) permit low-income individuals 
                        to pay reduced tolls.
          (4) Low emission and energy-efficient vehicles.--
                  (A) Inherently low-emission vehicle.--Before 
                September 30, 2009, the State agency may allow 
                vehicles that are certified as inherently low-
                emission vehicles pursuant to section 88.311-93 
                of title 40, Code of Federal Regulations, and 
                are labeled in accordance with section 88.312-
                93 of such title, to use the HOV facility if 
                the agency establishes procedures for enforcing 
                the restrictions on the use of the facility by 
                such vehicles.
                  (B) Other low emission and energy-efficient 
                vehicles.--Before September 30, 2009, the State 
                agency may allow vehicles certified as low 
                emission and energy-efficient vehicles under 
                subsection (e), and labeled in accordance with 
                subsection (e), to use the HOV facility if the 
                operators of such vehicles pay a toll charged 
                by the agency for use of the facility and the 
                agency--
                          (i) establishes a program that 
                        addresses the selection of vehicles 
                        under this paragraph; and
                          (ii) establishes procedures for 
                        enforcing the restrictions on the use 
                        of the facility by such vehicles.
                  (C) Amount of tolls.--Under subparagraph (B), 
                a State agency may charge no toll or a toll 
                that is less than tolls charged under paragraph 
                (3).
  (c) Requirements Applicable to Tolls.--
          (1) In general.--Tolls may be charged under 
        subsections (b)(3) and (b)(4) notwithstanding section 
        301 and, except as provided in paragraphs (2) and (3), 
        subject to the requirements of section 129.
          (2) HOV facilities on the interstate system.--
        Notwithstanding section 129, tolls may be charged under 
        subsections (b)(3) and (b)(4) on a HOV facility on the 
        Interstate System.
          (3) Excess toll revenues.--If a State agency makes a 
        certification under the last sentence of section 
        129(a)(3) with respect to toll revenues collected under 
        subsections (b)(3) and (b)(4), the State, in the use of 
        tolls revenues under that sentence, shall give priority 
        consideration to projects for developing alternatives 
        to single occupancy vehicle travel and projects for 
        improving highway safety.
  (d) HOV Facility Management, Operation, Monitoring, and 
Enforcement.--
          (1) In general.--A State agency that allows vehicles 
        to use a HOV facility under subsection (b)(3) or (b)(4) 
        in a fiscal year shall certify to the Secretary that 
        the agency will carry out the following 
        responsibilities with respect to the facility in the 
        fiscal year:
                  (A) Establishing, managing, and supporting a 
                performance monitoring, evaluation, and 
                reporting program for the facility that 
                provides for continuous monitoring, assessment, 
                and reporting on the impacts that such vehicles 
                may have on the operation of the facility and 
                adjacent highways.
                  (B) Establishing, managing, and supporting an 
                enforcement program that ensures that the 
                facility is being operated in accordance with 
                the requirements of this section.
                  (C) Limiting or discontinuing the use of the 
                facility by such vehicles if the presence of 
                such vehicles has degraded the operation of the 
                facility.
          (2) Degraded facility.--
                  (A) In general.--For purposes of paragraph 
                (1), the operation of a HOV facility shall be 
                considered to be degraded if vehicles operating 
                on the facility are failing to maintain a 
                minimum average operating speed 90 percent of 
                the time over a consecutive 6-month period 
                during morning or evening weekday peak hour 
                periods (or both).
                  (B) Minimum average operating speed 
                defined.--In subparagraph (A), the term 
                ``minimum average operating speed'' means--
                          (i) 45 miles per hour, in the case of 
                        a HOV facility with a speed limit of 50 
                        miles per hour or greater; and
                          (ii) not more than 10 miles per hour 
                        below the speed limit, in the case of a 
                        HOV facility with a speed limit of less 
                        than 50 miles per hour.
  (e) Certification of Low Emission and Energy-Efficient 
Vehicles.--Not later than 6 months after the date of enactment 
of this section, the Administrator of the Environmental 
Protection Agency shall issue a final rule establishing 
requirements for certification of vehicles as low emission and 
energy-efficient vehicles for purposes of this section and 
requirements for the labeling of such vehicles.
  (f) Definitions.--In this section, the following definitions 
apply:
          (1) Alternative fuel vehicle.--The term ``alternative 
        fuel vehicle'' means a vehicle that operates on--
                  (A) methanol, denatured ethanol, or other 
                alcohols;
                  (B) a mixture containing at least 85 percent 
                of methanol, denatured ethanol, and other 
                alcohols by volume with gasoline or other 
                fuels;
                  (C) natural gas;
                  (D) liquefied petroleum gas;
                  (E) hydrogen;
                  (F) coal derived liquid fuels;
                  (G) fuels (except alcohol) derived from 
                biological materials;
                  (H) electricity (including electricity from 
                solar energy); or
                  (I) any other fuel that the Secretary 
                prescribes by regulation that is not 
                substantially petroleum and that would yield 
                substantial energy security and environmental 
                benefits.
          (2) HOV facility.--The term ``HOV facility'' means a 
        high occupancy vehicle facility.
          (3) Low emission and energy efficient vehicle.--The 
        term ``low emission and energy-efficient vehicle'' 
        means a vehicle that--
                  (A) has been certified by the Administrator 
                of the Environmental Protection Agency as 
                meeting the Tier II emission level established 
                in regulations prescribed by the Administrator 
                under section 202(i) of the Clean Air Act (42 
                U.S.C. 7521(i)) for that make and model year 
                vehicle; and
                  (B)(i) has been certified by the 
                Administrator to have a 45-mile-per-gallon or 
                greater fuel economy highway rating; or
                  (ii) is an alternative fuel vehicle.
          (4) Public transportation vehicle.--The term ``public 
        transportation vehicle'' means a vehicle that provides 
        public transportation (as defined in section 5302(a) of 
        title 49).
          (5) State agency.--The term ``State agency'', as used 
        with respect to a HOV facility, means an agency of a 
        State or local government having jurisdiction over the 
        operation of the facility and includes a State 
        transportation department.

           *       *       *       *       *       *       *

[SUBCHAPTER II--INFRASTRUCTURE FINANCE]

           *       *       *       *       *       *       *

CHAPTER 2--OTHER HIGHWAYS

           *       *       *       *       *       *       *

Sec. 202. Allocations

  (a) * * *

           *       *       *       *       *       *       *

  (d) Indian Reservation Roads.--
          (1) * * *
          (2) Fiscal year 2000 and thereafter.--
                  (A) In general.--All funds authorized to be 
                appropriated for Indian reservation roads shall 
                be allocated among Indian tribes for fiscal 
                year 2000 and each subsequent fiscal year in 
                accordance with a formula established by the 
                Secretary of the Interior under a negotiated 
                rulemaking procedure under subchapter III of 
                chapter 5 of title 5; except that, beginning 
                October 1, 2004, the Secretary may use up to 3 
                percent of such funds for making grants to 
                Indian tribes for the purpose of financing 
                transportation debt for individual Indian 
                reservation roads subject to all requirements 
                governing Federal assistance for Indian roads 
                under this section and section 204.

           *       *       *       *       *       *       *

                  (E) Alaska native road inventory.--
                          (i) In general.--For fiscal year 2005 
                        and each fiscal year thereafter, any 
                        allocation of sums authorized to be 
                        appropriated for Indian reservation 
                        roads in Alaska shall be based on an 
                        inventory of roads within the exterior 
                        boundaries of village corporation land 
                        selected pursuant to the Alaska Native 
                        Claims Settlement Act (43 U.S.C. 1601 
                        et seq.) that includes all routes 
                        previously included in such an 
                        inventory. The Secretary of 
                        Transportation and the Secretary of the 
                        Interior may include, in the inventory 
                        of roads, those proposed for inclusion 
                        by tribal village governments from 
                        among community streets within the 
                        village and those proposed primary 
                        access routes for inclusion by tribal 
                        village governments, including roads 
                        and trails between villages (including 
                        links over water), roads and trails to 
                        landfills, roads and trails to drinking 
                        water sources, roads and trails to 
                        natural resources identified for 
                        economic development, and roads and 
                        trails that provide access to 
                        intermodal termini, such as airports, 
                        harbors, or boat landings.
                          (ii) Limitation on primary access 
                        routes.--For purposes of this 
                        subparagraph, a proposed primary access 
                        route is the shortest practicable route 
                        connecting 2 points of the proposed 
                        route.
          [(3) Contracts and agreements with Indian tribes.--
                  [(A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available under this title for 
                Indian reservation roads and for highway 
                bridges located on Indian reservation roads to 
                pay for the costs of programs, services, 
                functions, and activities, or portions thereof, 
                that are specifically or functionally related 
                to the cost of planning, research, engineering, 
                and construction of any highway, road, bridge, 
                parkway, or transit facility that provides 
                access to or is located within the reservation 
                or community of an Indian tribe shall be made 
                available, upon request of the Indian tribal 
                government, to the Indian tribal government for 
                contracts and agreements for such planning, 
                research, engineering, and construction in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act.
                  [(B) Exclusion of agency participation.--
                Funds for programs, functions, services, or 
                activities, or portions thereof, including 
                supportive administrative functions that are 
                otherwise contractible to which subparagraph 
                (A) applies, shall be paid in accordance with 
                subparagraph (A) without regard to the 
                organizational level at which the Department of 
                the Interior that has previously carried out 
                such programs, functions, services, or 
                activities.]
          (3) Contracts and agreements with indian tribes.--
                  (A) In general.--Notwithstanding any other 
                provision of law or any interagency agreement, 
                program guideline, manual, or policy directive, 
                all funds made available to an Indian tribal 
                government under this title for a highway, 
                road, bridge, parkway, or transit facility 
                project that is located on an Indian 
                reservation or provides access to the 
                reservation or a community of the Indian tribe 
                shall be made available, on the request of the 
                Indian tribal government, to the Indian tribal 
                government for use in carrying out, in 
                accordance with the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450 et 
                seq.), contracts and agreements for the 
                planning, research, engineering, and 
                construction relating to such project.
                  (B) Exclusion of agency participation.--In 
                accordance with subparagraph (A), all funds for 
                a project to which subparagraph (A) applies 
                shall be paid to the Indian tribal government 
                without regard to the organizational level at 
                which the Department of the Interior has 
                previously carried out, or the Department of 
                Transportation has previously carried out under 
                the Federal lands highway programs, the 
                programs, functions, services, or activities 
                involved.
                  (C) Consortia.--Two or more Indian tribes 
                that are otherwise eligible to participate in a 
                project to which this title applies may form a 
                consortium to be considered as a single Indian 
                tribe for the purpose of participating in the 
                project under this section.
                  (D) Funding.--The amount an Indian tribal 
                government receives for a project under 
                subparagraph (A) shall equal the sum of the 
                funding that the Indian tribal government would 
                otherwise receive for the project in accordance 
                with the funding formula established under this 
                subsection and such additional amount as the 
                Secretary determines equal the amounts that 
                would have been withheld for the costs of the 
                Bureau of Indian Affairs for administration of 
                the project.
                  (E) Eligibility.--An Indian tribal government 
                may receive funding under subparagraph (A) for 
                a project in a fiscal year if the Indian tribal 
                government demonstrates to the satisfaction of 
                the Secretary financial stability and financial 
                management capability as demonstrated in the 
                annual auditing required under the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450 et seq.) and, during the preceding 
                fiscal year, had no uncorrected significant and 
                material audit exceptions in the required 
                annual audit of the Indian tribe's self-
                determination contracts or self-governance 
                funding agreements with any Federal agency.
                  (F) Assumption of functions and duties.--An 
                Indian tribal government receiving funding 
                under subparagraph (A) for a project shall 
                assume all functions and duties that the 
                Secretary of the Interior would have performed 
                with respect to projects under this chapter, 
                other than those functions and duties that 
                inherently cannot be legally transferred under 
                the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 450b et seq.).
                  (G) Powers.--An Indian tribal government 
                receiving funding under subparagraph (A) for a 
                project shall have all powers that the 
                Secretary of the Interior would have exercised 
                in administering the funds transferred to the 
                Indian tribal government for such project under 
                this section if such funds had not been 
                transferred, except to the extent that such 
                powers are powers that inherently cannot be 
                legally transferred under the Indian Self-
                Determination and Education Assistance Act (25 
                U.S.C. 450b et seq.).
                  (H) Dispute resolution.--In the event of a 
                disagreement between the Secretary of 
                Transportation or the Secretary of the Interior 
                and an Indian tribe over whether a particular 
                function, duty, or power may be lawfully 
                transferred under the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 450b et 
                seq.), the Indian tribe shall have the right to 
                pursue all alternative dispute resolutions and 
                appeal procedures authorized by such Act, 
                including regulations issued to carry out such 
                Act.

           *       *       *       *       *       *       *

Sec. 204. Federal Lands Highways Program

  (a) * * *

           *       *       *       *       *       *       *

  (k) Refuge Roads.--
          (1) In general.--Notwithstanding any other provision 
        of this title, funds made available for refuge roads 
        shall be used by the Secretary and the Secretary of the 
        Interior only to pay the cost of--
                  (A) * * *
                  (B) maintenance and improvements of eligible 
                projects described in paragraphs (2), (5), and 
                (6) of subsection (h) that are located in or 
                adjacent to wildlife refuges; [and]
                  (C) construction, maintenance, and 
                improvement of wildlife observation 
                infrastructure; and
                  [(C)] (D) administrative costs associated 
                with such [maintenance and improvements] 
                construction, maintenance, and improvements.

           *       *       *       *       *       *       *

Sec. 206. Recreational trails program

  (a) * * *

           *       *       *       *       *       *       *

  (d) Use of Apportioned Funds.--
          (1) * * *
          [(2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out 
        this section include--
                  [(A) maintenance and restoration of existing 
                recreational trails;
                  [(B) development and rehabilitation of 
                trailside and trailhead facilities and trail 
                linkages for recreational trails;
                  [(C) purchase and lease of recreational trail 
                construction and maintenance equipment;
                  [(D) construction of new recreational trails, 
                except that, in the case of new recreational 
                trails crossing Federal lands, construction of 
                the trails shall be--
                          [(i) permissible under other law;
                          [(ii) necessary and required by a 
                        statewide comprehensive outdoor 
                        recreation plan that is required by the 
                        Land and Water Conservation Fund Act of 
                        1965 (16 U.S.C. 460l-4 et seq.) and 
                        that is in effect;
                          [(iii) approved by the administering 
                        agency of the State designated under 
                        subsection (c)(1); and
                          [(iv) approved by each Federal agency 
                        having jurisdiction over the affected 
                        lands under such terms and conditions 
                        as the head of the Federal agency 
                        determines to be appropriate, except 
                        that the approval shall be contingent 
                        on compliance by the Federal agency 
                        with all applicable laws, including the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.), the 
                        Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 
                        U.S.C. 1600 et seq.), and the Federal 
                        Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.);
                  [(E) acquisition of easements and fee simple 
                title to property for recreational trails or 
                recreational trail corridors;
                  [(F) payment of costs to the State incurred 
                in administering the program, but in an amount 
                not to exceed 7 percent of the apportionment 
                made to the State for the fiscal year to carry 
                out this section; and
                  [(G) operation of educational programs to 
                promote safety and environmental protection as 
                those objectives relate to the use of 
                recreational trails, but in an amount not to 
                exceed 5 percent of the apportionment made to 
                the State for the fiscal year.]
          (2) Permissible uses.--Permissible uses of funds 
        apportioned to a State for a fiscal year to carry out 
        this section include--
                  (A) maintenance and restoration of existing 
                recreational trails;
                  (B) development and rehabilitation of 
                trailside and trailhead facilities and trail 
                linkages for recreational trails;
                  (C) purchase and lease of recreational trail 
                construction and maintenance equipment;
                  (D) construction of new recreational trails, 
                except that, in the case of new recreational 
                trails crossing Federal lands, construction of 
                the trails shall be--
                          (i) permissible under other law;
                          (ii) necessary and recommended by a 
                        statewide comprehensive outdoor 
                        recreation plan that is required by the 
                        Land and Water Conservation Fund Act of 
                        1965 (16 U.S.C. 460l-4 et seq.) and 
                        that is in effect;
                          (iii) approved by the administering 
                        agency of the State designated under 
                        subsection (c)(1); and
                          (iv) approved by each Federal agency 
                        having jurisdiction over the affected 
                        lands under such terms and conditions 
                        as the head of the Federal agency 
                        determines to be appropriate, except 
                        that the approval shall be contingent 
                        on compliance by the Federal agency 
                        with all applicable laws, including the 
                        National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.), the 
                        Forest and Rangeland Renewable 
                        Resources Planning Act of 1974 (16 
                        U.S.C. 1600 et seq.), and the Federal 
                        Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.);
                  (E) acquisition of easements and fee simple 
                title to property for recreational trails or 
                recreational trail corridors;
                  (F) assessment of trail conditions for 
                accessibility and maintenance;
                  (G) operation of educational programs to 
                promote safety and environmental protection as 
                those objectives relate to the use of 
                recreational trails, but in an amount not to 
                exceed 5 percent of the apportionment made to 
                the State for the fiscal year; and
                  (H) payment of costs to the State incurred in 
                administering the program, but in an amount not 
                to exceed 7 percent of the apportionment made 
                to the State for the fiscal year to carry out 
                this section.
          (3) Use of apportionments.--
                  (A) * * *

           *       *       *       *       *       *       *

                  [(C) Waiver authority.--A State recreational 
                trail advisory committee established under 
                subsection (c)(2) may waive, in whole or in 
                part, the requirements of clauses (ii) and 
                (iii) of subparagraph (A) if the State 
                recreational trail advisory committee 
                determines and notifies the Secretary that the 
                State does not have sufficient projects to meet 
                the requirements of clauses (ii) and (iii) of 
                subparagraph (A).]
                  [(D)] (C) State administrative costs.--State 
                administrative costs eligible for funding under 
                paragraph [(2)(F)] (2)(H) shall be exempt from 
                the requirements of subparagraph (A).

           *       *       *       *       *       *       *

  (f) Federal Share.--
          (1) In general.--Subject to the other provisions of 
        this subsection, the Federal share of the cost of a 
        project and the Federal share of the administrative 
        costs of a State under this section shall [not exceed 
        80 percent] be determined in accordance with section 
        120(b).
          (2) Federal agency project sponsor.--Notwithstanding 
        any other provision of law, a Federal agency that 
        sponsors a project under this section may contribute 
        additional Federal funds toward the cost of a project, 
        except that--
                  (A) the share attributable to the Secretary 
                of Transportation may not exceed [80 percent 
                of] the amount determined in accordance with 
                section 120(b) for the cost of a project under 
                this section; and
                  (B) the share attributable to the Secretary 
                and the Federal agency sponsoring the project 
                may not exceed 95 percent of the cost of a 
                project under this section.

           *       *       *       *       *       *       *

          (4) Use of recreational trails program funds to match 
        other federal program funds.--Notwithstanding any other 
        provision of law, funds made available under this 
        section may be used toward the non-Federal matching 
        share for other Federal program funds that are--
                  (A) expended in accordance with the 
                requirements of the Federal program relating to 
                activities funded and populations served; and
                  (B) expended on a project that is eligible 
                for assistance under this section.
          [(4)] (5) Programmatic non-federal share.--A State 
        may allow adjustments to the non-Federal share of an 
        individual project for a fiscal year under this section 
        if the Federal share of the cost of all projects 
        carried out by the State under the program (excluding 
        projects funded under paragraph (2) or (3)) using funds 
        apportioned to the State for the fiscal year does not 
        exceed [80 percent] the Federal share as determined in 
        accordance with section 120(b).
          [(5) State administrative costs.--The Federal share 
        of the administrative costs of a State under this 
        subsection shall be determined in accordance with 
        section 120(b).]

           *       *       *       *       *       *       *

  (h) Project Administration.--
          (1) Credit for donations of funds, materials, 
        services, or new right-of-way.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) Planning and environmental assessment 
                costs incurred prior to project approval.--The 
                Secretary may allow pre-approval planning and 
                environmental compliance costs to be credited 
                toward the non-Federal share of the cost of a 
                project described under subsection (d)(2) 
                (other than subparagraph (I)) in accordance 
                with subsection (f), limited to costs incurred 
                less than 18 months prior to project approval.

           *       *       *       *       *       *       *

                       CHAPTER 4--HIGHWAY SAFETY

Sec.
401.  Authority of the Secretary
     * * * * * * *
412.  State traffic safety information system improvements.

           *       *       *       *       *       *       *

Sec. 402. Highway safety programs

  (a) Each State shall have a highway safety program approved 
by the Secretary, designed to reduce traffic accidents and 
deaths, injuries, and property damage resulting therefrom. Such 
programs shall be in accordance with uniform guidelines 
promulgated by the Secretary. Such uniform guidelines shall be 
expressed in terms of performance criteria. In addition, such 
uniform guidelines shall include programs (1) to reduce 
injuries and deaths resulting from motor vehicles being driven 
in excess of posted speed limits, (2) to encourage the proper 
use of occupant protection devices (including the use of safety 
belts and child restraint systems) by occupants of motor 
vehicles and to increase public awareness of the benefit of 
motor vehicles equipped with airbags, (3) to reduce deaths and 
injuries resulting from persons driving motor vehicles while 
impaired by alcohol or a controlled substance, (4) to prevent 
accidents and reduce deaths and injuries resulting from 
accidents involving motor vehicles and motorcycles, (5) to 
reduce injuries and deaths resulting from accidents involving 
school buses, [and] (6) to improve law enforcement services in 
motor vehicle accident prevention, traffic supervision, and 
post-accident procedures. The Secretary shall establish a 
highway safety program for the collection and reporting of data 
on traffic-related deaths and injuries by the States. Under 
such program, the States shall collect and report such data as 
the Secretary may require. The purposes of the program are to 
ensure national uniform data on such deaths and injuries and to 
allow the Secretary to make determinations for use in 
developing programs to reduce such deaths and injuries and 
making recommendations to Congress concerning legislation 
necessary to implement such programs. The program shall provide 
for annual reports to the Secretary on the efforts being made 
by the States in reducing deaths and injuries occurring at 
highway construction sites and the effectiveness and results of 
such efforts. The Secretary shall establish minimum reporting 
criteria for the program. Such criteria shall include, but not 
be limited to, criteria on deaths and injuries resulting from 
police pursuits, school bus accidents, and speeding, on 
traffic-related deaths and injuries at highway construction 
sites and on the configuration of commercial motor vehicles 
involved in motor vehicle accidents. Such uniform guidelines 
shall be promulgated by the Secretary so as to improve driver 
performance (including, but not limited to, driver education, 
driver testing to determine proficiency to operate motor 
vehicles, driver examinations (both physical and mental) and 
driver licensing) and to improve pedestrian performance and 
bicycle safety. In addition such uniform guidelines shall 
include, but not be limited to, provisions for an effective 
record system of accidents (including injuries and deaths 
resulting therefrom), accident investigations to determine the 
probable causes of accidents, injuries, and deaths, vehicle 
registration, operation, and inspection, highway design and 
maintenance (including lighting, markings, and surface 
treatment), traffic control, vehicle codes and laws, 
surveillance of traffic for detection and correction of high or 
potentially high accident locations, enforcement of light 
transmission standards of window glazing for passenger motor 
vehicles and light trucks as necessary to improve highway 
safety, and emergency services. Such guidelines as are 
applicable to State highway safety programs shall, to the 
extent determined appropriate by the Secretary, be applicable 
to federally administered areas where a Federal department or 
agency controls the highways or supervises traffic operations; 
and (7) to reduce deaths and injuries resulting from persons 
driving motor vehicles while fatigued.

           *       *       *       *       *       *       *

Sec. 405. Occupant protection incentive grants

  (a) General Authority.--
          (1) * * *
          (2) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for programs described in paragraph (1) at or 
        above the average level of such expenditures in its 2 
        fiscal years preceding the date of enactment of the 
        [Transportation Equity Act for the 21st Century] 
        Transportation Equity Act: A Legacy for Users.
          (3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 6 fiscal 
        years beginning after September 30, [1997] 2003.
          (4) Federal share.--The Federal share of the cost of 
        implementing and enforcing, as appropriate, in a fiscal 
        year a program adopted by a State pursuant to paragraph 
        (1) shall not exceed--
                  (A) in each of the first and second fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 75 percent;
                  (B) in each of the third and fourth fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 50 percent; and
                  (C) in each of the fifth and sixth fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 25 percent.
  (b) Grant Eligibility.--[A State shall become eligible] A 
State shall be eligible for a grant under this section if the 
State has a seat belt usage rate of 85 percent or greater as of 
the date of the grant, as determined by the Secretary. A State 
shall also become eligible for a grant under this section by 
adopting or demonstrating to the satisfaction of the Secretary 
at least 4 of the following:
          (1) * * *

           *       *       *       *       *       *       *

  (c) Grant Amounts.--The amount of a grant for which a State 
qualifies under this section for a fiscal year shall equal up 
to [25 percent] 100 percent of the amount apportioned to the 
State for fiscal year [1997] 2003 under section 402.

           *       *       *       *       *       *       *

  (f) Definitions.--In this section, the following definitions 
apply:
          (1) * * *
          [(2) Motor vehicle.--The term ``motor vehicle'' means 
        a vehicle driven or drawn by mechanical power and 
        manufactured primarily for use on public streets, 
        roads, and highways, but does not include a vehicle 
        operated only on a rail line.]
          [(3)] (2) Multipurpose passenger vehicle.--The term 
        ``multipurpose passenger vehicle'' means a motor 
        vehicle with motive power (except a trailer), designed 
        to carry not more than 10 individuals, that is 
        constructed either on a truck chassis or with special 
        features for occasional off-road operation.
          [(4)] (3) Passenger car.--The term ``passenger car'' 
        means a motor vehicle with motive power (except a 
        multipurpose passenger vehicle, motorcycle, or trailer) 
        designed to carry not more than 10 individuals.
          [(5)] (4) Passenger motor vehicle.--The term 
        ``passenger motor vehicle'' means a passenger car or a 
        multipurpose passenger motor vehicle.
          [(6)] (5) Safety belt.--The term ``safety belt'' 
        means--
                  (A) * * *

           *       *       *       *       *       *       *

Sec. 410. Alcohol-impaired driving countermeasures

  (a) General Authority.--
          (1) * * *
          (2) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require to ensure that the State will 
        maintain its aggregate expenditures from all other 
        sources for alcohol traffic safety programs at or above 
        the average level of such expenditures in its 2 fiscal 
        years preceding the date of enactment of the 
        [Transportation Equity Act for the 21st Century] 
        Transportation Equity Act: A Legacy for Users.
          (3) Maximum period of eligibility.--No State may 
        receive grants under this section in more than 8 fiscal 
        years beginning after September 30, [1997] 2003.
          (4) Federal share.--The Federal share of the cost of 
        implementing and enforcing in a fiscal year a program 
        adopted by a State pursuant to paragraph (1) shall not 
        exceed--
                  (A) in each of the first and second fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 75 percent;
                  (B) in each of the third and fourth fiscal 
                years beginning after September 30, 2003, in 
                which the State receives a grant under this 
                section, 50 percent; and
                  (C) in each of the fifth, sixth, seventh, and 
                eighth fiscal years beginning after September 
                30, 2003, in which the State receives a grant 
                under this section, 25 percent.
  (b) Basic Grant Eligibility.--
          (1) Basic grant a.--[A State shall become eligible] A 
        State shall be eligible for a grant under this 
        paragraph if the State has an alcohol-related fatality 
        rate per 100,000,000 vehicle miles traveled of 0.5 or 
        less as of the date of the grant, as determined by the 
        Secretary using the Fatality Analysis Reporting System 
        of the National Highway Traffic Safety Administration. 
        A State shall also become eligible for a grant under 
        this paragraph by adopting or demonstrating to the 
        satisfaction of the Secretary [at least 5 of the 
        following] at least 6 of the following for fiscal year 
        2005 and fiscal year 2006 and at least 7 of the 
        following for each fiscal year thereafter:
                  (A) Administrative license revocation.--An 
                administrative driver's license suspension or 
                revocation system for individuals who operate 
                motor vehicles while under the influence of 
                alcohol that requires that--
                          (i) in the case of an individual who, 
                        in any 5-year period beginning after 
                        the date of enactment of the 
                        Transportation Equity Act for the 21st 
                        Century, is determined on the basis of 
                        a chemical test to have been operating 
                        a motor vehicle while under the 
                        influence of alcohol or is determined 
                        to have refused to submit to such a 
                        test as proposed by a law enforcement 
                        officer, the State agency responsible 
                        for administering drivers' licenses, 
                        upon receipt of the report of the law 
                        enforcement officer--
                                  (I) * * *
                                  (II) shall suspend the 
                                driver's license of such 
                                individual for a period of not 
                                less than 1 year, or revoke 
                                such license, if such 
                                individual is a repeat offender 
                                in such 5-year period; [and]
                          (ii) the suspension and revocation 
                        referred to under clause (i) shall take 
                        effect not later than 30 days after the 
                        day on which the individual refused to 
                        submit to a chemical test or received 
                        notice of having been determined to be 
                        driving under the influence of alcohol, 
                        in accordance with the procedures of 
                        the State[.];
                          (iii) the suspension referred to 
                        under clause (i)(I) may allow an 
                        individual to operate a motor vehicle, 
                        after the 15-day period beginning on 
                        the date of the suspension, to and from 
                        employment, school, or an alcohol 
                        treatment program if an ignition 
                        interlock device is installed on each 
                        of the motor vehicles owned or 
                        operated, or both, by the individual; 
                        and
                          (iv) the suspension and revocation 
                        referred to under clause (i)(II) may 
                        allow an individual to operate a motor 
                        vehicle, after the 45-day period 
                        beginning on the date of the suspension 
                        or revocation, to and from employment, 
                        school, or an alcohol treatment program 
                        if an ignition interlock device is 
                        installed on each of the motor vehicles 
                        owned or operated, or both, by the 
                        individual.
                  (B) Underage drinking program.--An effective 
                system, as determined by the Secretary, for 
                preventing operators of motor vehicles under 
                age 21 from obtaining alcoholic beverages and 
                for preventing persons from making alcoholic 
                beverages available to individuals under age 
                21. Such system [may include the issuance] may 
                include--
                          (i) the issuance of drivers' licenses 
                        to individuals under age 21 that are 
                        easily distinguishable in appearance 
                        from drivers' licenses issued to 
                        individuals age 21 or older and the 
                        issuance of drivers' licenses that are 
                        tamper resistant[.]; and
                          (ii) a program provided by a 
                        nonprofit organization for training 
                        point of sale personnel concerning, at 
                        a minimum, the following:
                                  (I) the clinical effects of 
                                alcohol;
                                  (II) methods of preventing 
                                second party sales of alcohol;
                                  (III) recognizing signs of 
                                intoxication;
                                  (IV) methods to prevent 
                                underage drinking;
                                  (V) Federal, State, and local 
                                laws that are relevant to such 
                                personnel.

           *       *       *       *       *       *       *

                  [(F) Young adult drinking programs.--Programs 
                to reduce driving while under the influence of 
                alcohol by individuals age 21 through 34. Such 
                programs may include awareness campaigns; 
                traffic safety partnerships with employers, 
                colleges, and the hospitality industry; 
                assessments of first-time offenders; and 
                incorporation of treatment into judicial 
                sentencing.]
                  (F) Outreach program.--A judicial and 
                prosecutorial education, training, and outreach 
                program that provides information on the 
                appropriateness and effectiveness of sentencing 
                options.

           *       *       *       *       *       *       *

                  (H) Self-sustaining drunk driving prevention 
                program.--A self-sustaining drunk driving 
                prevention program under which a significant 
                portion of the fines or surcharges collected 
                from individuals apprehended and fined for 
                operating a motor vehicle while under the 
                influence of alcohol are returned to those 
                communities that have comprehensive programs 
                for the prevention of such operations of motor 
                vehicles.
                  (I) Programs for effective alcohol 
                rehabilitation.--A program for effective 
                inpatient and outpatient alcohol rehabilitation 
                based on mandatory assessment and appropriate 
                treatment for repeat offenders described in 
                subparagraph (A)(i)(II).
                  (J) Program for the impoundment of 
                vehicles.--A program to impound a vehicle 
                operated by a person who is arrested for 
                operating that vehicle while under the 
                influence of alcohol.
          [(2) Basic grant b.--A State shall become eligible 
        for a grant under this paragraph by adopting or 
        demonstrating to the satisfaction of the Secretary each 
        of the following:
                  [(A) Fatal impaired driver percentage 
                reduction.--The percentage of fatally injured 
                drivers with 0.10 percent or greater blood 
                alcohol concentration in the State has 
                decreased in each of the 3 most recent calendar 
                years for which statistics for determining such 
                percentages are available.
                  [(B) Fatal impaired driver percentage 
                comparison.--The percentage of fatally injured 
                drivers with 0.10 percent or greater blood 
                alcohol concentration in the State has been 
                lower than the average percentage for all 
                States in each of the calendar years referred 
                to in subparagraph (A).]
          (2) Basic grant b.--A State shall become eligible for 
        a grant under this paragraph if the State--
                  (A) has an alcohol-related fatality rate per 
                100,000,000 vehicle miles traveled of 0.8 or 
                more as of the date of the grant, as determined 
                by the Secretary using the Fatality Analysis 
                Reporting System of the National Highway 
                Traffic Safety Administration; and
                  (B) establishes, subject to such requirements 
                as the Secretary may prescribe, a task force to 
                evaluate and recommend changes to the State's 
                drunk driving programs.
          (3) Basic grant amount.--The amount of a basic grant 
        made to a State for a fiscal year under this subsection 
        shall equal up to [25 percent] 100 percent of the 
        amount apportioned to the State for fiscal year [1997] 
        2003 under section 402.
  [(c) Supplemental Grants.--
          [(1) In general.--Upon receiving an application from 
        a State, the Secretary may make supplemental grants to 
        the State for meeting 1 or more of the following 
        criteria:
                  [(A) Video equipment for detection of drunk 
                drivers.--The State provides for a program to 
                acquire video equipment to be used in detecting 
                persons who operate motor vehicles while under 
                the influence of alcohol and in prosecuting 
                those persons, and to train personnel in the 
                use of that equipment.
                  [(B) Self-sustaining drunk driving prevention 
                program.--The State provides for a self-
                sustaining drunk driving prevention program 
                under which a significant portion of the fines 
                or surcharges collected from individuals 
                apprehended and fined for operating a motor 
                vehicle while under the influence of alcohol 
                are returned to those communities which have 
                comprehensive programs for the prevention of 
                such operations of motor vehicles.
                  [(C) Reducing driving with a suspended 
                license.--The State enacts and enforces a law 
                to reduce driving with a suspended license. 
                Such law, as determined by the Secretary, may 
                require a ``zebra'' stripe that is clearly 
                visible on the license plate of any motor 
                vehicle owned and operated by a driver with a 
                suspended license.
                  [(D) Use of passive alcohol sensors.--The 
                State provides for a program to acquire passive 
                alcohol sensors to be used by police officers 
                in detecting persons who operate motor vehicles 
                while under the influence of alcohol, and to 
                train police officers in the use of that 
                equipment.
                  [(E) Effective DWI tracking system.--The 
                State demonstrates an effective driving while 
                intoxicated (DWI) tracking system. Such a 
                system, as determined by the Secretary, may 
                include data covering arrests, case 
                prosecutions, court dispositions and sanctions, 
                and provide for the linkage of such data and 
                traffic records systems to appropriate 
                jurisdictions and offices within the State.
                  [(F) Other programs.--The State provides for 
                other innovative programs to reduce traffic 
                safety problems resulting from individuals 
                driving while under the influence of alcohol or 
                controlled substances, including programs that 
                seek to achieve such a reduction through legal, 
                judicial, enforcement, educational, 
                technological, or other approaches.
          [(2) Eligibility.--A State shall be eligible to 
        receive a grant under this subsection in a fiscal year 
        only if the State is eligible to receive a grant under 
        subsection (b) in such fiscal year.
          [(3) Funding.--Of the amounts made available to carry 
        out this section in a fiscal year, not to exceed 10 
        percent shall be available for making grants under this 
        subsection.]
  (c) Allocation for Basic Grants B.--Not more than $20,000,000 
per fiscal year of amounts made available to carry out this 
section shall be available for making grants under subsection 
(b)(2).

           *       *       *       *       *       *       *

Sec. 412. State traffic safety information system improvements

  (a) General Authority.--
          (1) Authority to make grants.--Subject to the 
        requirements of this section, the Secretary shall make 
        grants to States that adopt and implement effective 
        programs to--
                  (A) improve the timeliness, accuracy, 
                completeness, uniformity, integration, and 
                accessibility of the safety data of the State 
                that is needed to identify priorities for 
                national, State, and local highway and traffic 
                safety programs;
                  (B) evaluate the effectiveness of efforts to 
                make such improvements;
                  (C) link these State data systems, including 
                traffic records, with other data systems within 
                the State, such as systems that contain 
                medical, roadway, and economic data; and
                  (D) improve the compatibility and 
                interoperability of the data systems of the 
                State with national data systems and data 
                systems of other States and enhance the ability 
                of the Secretary to observe and analyze 
                national trends in crash occurrences, rates, 
                outcomes, and circumstances.
          (2) Use of grants.--A State may use a grant received 
        under this section only to implement such programs.
          (3) Model data elements.--The Secretary, in 
        consultation with States and other appropriate parties, 
        shall determine the model data elements necessary to 
        observe and analyze State and national trends in crash 
        occurrences, rates, outcomes, and circumstances. In 
        order to become eligible for a grant under this 
        section, a State shall certify to the Secretary the 
        State's adoption and use of such model data elements.
          (4) Maintenance of effort.--No grant may be made to a 
        State under this section in any fiscal year unless the 
        State enters into such agreements with the Secretary as 
        the Secretary may require ensuring that the State will 
        maintain its aggregate expenditures from all other 
        sources for highway safety data programs at or above 
        the average level of such expenditures in the 2 fiscal 
        years preceding the date of enactment of this section.
          (5) Federal share.--The Federal share of the cost of 
        implementing in a fiscal year a program of a State 
        pursuant to paragraph (1) shall not exceed 80 percent.
  (b) First-Year Grants.--To be eligible for a first-year grant 
under this section, a State shall demonstrate to the 
satisfaction of the Secretary that the State has--
          (1) established a highway safety data and traffic 
        records coordinating committee with a multidisciplinary 
        membership that includes, among others, managers, 
        collectors, and users of traffic records and public 
        health and injury control data systems; and
          (2) developed a multiyear highway safety data and 
        traffic records system strategic plan that addresses 
        existing deficiencies in the State's highway safety 
        data and traffic records system and is approved by the 
        highway safety data and traffic records coordinating 
        committee and--
                  (A) specifies how existing deficiencies in 
                the State's highway safety data and traffic 
                records system were identified;
                  (B) prioritizes, based on the identified 
                highway safety data and traffic records system 
                deficiencies, the highway safety data and 
                traffic records system needs and goals of the 
                State, including the activities described in 
                subsection (a)(1);
                  (C) identifies performance-based measures by 
                which progress toward those goals will be 
                determined;
                  (D) specifies how the grant funds and any 
                other funds of the State will be used to 
                address needs and goals identified in the 
                multiyear plan; and
                  (E) includes a current report on the progress 
                in implementing the multiyear plan that 
                documents progress toward the specified goals.
  (c) Succeeding-Year Grants.--
          (1) Eligibility.--A State shall be eligible for a 
        grant under this section in a fiscal year succeeding 
        the first fiscal year in which the State receives a 
        grant under subsection (b) if the State, to the 
        satisfaction of the Secretary--
                  (A) submits an updated multiyear plan that 
                meets the requirements of subsection (b)(2);
                  (B) certifies that its highway safety data 
                and traffic records coordinating committee 
                continues to operate and supports the multiyear 
                plan;
                  (C) specifies how the grant funds and any 
                other funds of the State will be used to 
                address needs and goals identified in the 
                multiyear plan;
                  (D) demonstrates measurable progress toward 
                achieving the goals and objectives identified 
                in the multiyear plan; and
                  (E) includes a current report on the progress 
                in implementing the multiyear plan.
  (d) Grant Amounts.--
          (1) In general.--The amount of a grant made to a 
        State for a fiscal year under this section shall equal 
        an amount determined by multiplying--
                  (A) the amount appropriated to carry out this 
                section for such fiscal year; by
                  (B) the ratio that the funds apportioned to 
                the State under section 402 for fiscal year 
                2003 bears to the funds apportioned to all 
                States under section 402 for fiscal year 2003.
          (2) Minimum amount.--Notwithstanding subparagraph 
        (A)--
                  (A) a State eligible for a first-year grant 
                under this section shall not receive less than 
                $300,000; and
                  (B) a State eligible for a succeeding-year 
                grant under this section shall not receive less 
                than $500,000.
  (e) Administrative Expenses.--Funds authorized to be 
appropriated to carry out this section in a fiscal year shall 
be subject to a deduction not to exceed 5 percent for the 
necessary costs of administering the provisions of this 
section.
  (f) Applicability of Chapter 1.--The provisions contained in 
section 402(d) shall apply to this section.

           *       *       *       *       *       *       *

                  [CHAPTER 5--RESEARCH AND TECHNOLOGY]

             CHAPTER 5--RESEARCH, TECHNOLOGY, AND EDUCATION

Sec.
501.  Definitions
     * * * * * * *
[507.  Surface transportation-environment cooperative research program
[508.  Surface transportation research strategic planning]
507.  Surface transportation environment and planning cooperative 
          research program.
508.  Transportation research and development strategic planning.
509.  National cooperative freight transportation research program.
510.  Future strategic highway research program.

           *       *       *       *       *       *       *

Sec. 502. Surface transportation research

  (a) Basic Principles Governing Research and Technology 
Investments.--
          (1) Coverage.--Surface transportation research and 
        technology development shall include all activities 
        leading to technology development and transfer, as well 
        as the introduction of new and innovative ideas, 
        practices, and approaches, through such mechanisms as 
        field applications, education and training, and 
        technical support.
          (2) Federal responsibility.--Funding and conducting 
        surface transportation research and technology transfer 
        activities shall be considered a basic responsibility 
        of the Federal Government when the work--
                  (A) is of national significance;
                  (B) supports research in which there is a 
                clear public benefit and private sector 
                investment is less than optimal;
                  (C) supports a Federal stewardship role in 
                assuring that State and local governments use 
                national resources efficiently; or
                  (D) presents the best means to support 
                Federal policy goals compared to other policy 
                alternatives.
          (3) Role.--Consistent with these Federal 
        responsibilities, the Secretary shall--
                  (A) conduct research;
                  (B) support and facilitate research and 
                technology transfer activities by State highway 
                agencies;
                  (C) share results of completed research; and
                  (D) support and facilitate technology and 
                innovation deployment.
          (4) Program content.--A surface transportation 
        research program shall include--
                  (A) fundamental, long-term highway research;
                  (B) research aimed at significant highway 
                research gaps and emerging issues with national 
                implications; and
                  (C) research related to policy and planning.
          (5) Stakeholder input.--Federal surface 
        transportation research and development activities 
        shall address the needs of stakeholders. Stakeholders 
        include States, metropolitan planning organizations, 
        local governments, the private sector, researchers, 
        research sponsors, and other affected parties, 
        including public interest groups.
          (6) Competition and peer review.--Except as otherwise 
        provided in this Act, the Secretary shall award all 
        grants, contracts, and cooperative agreements for 
        research and development under this Act based on open 
        competition and peer review of proposals.
          (7) Performance review and evaluation.--To the 
        maximum extent practicable, all surface transportation 
        research and development projects shall include a 
        component of performance measurement and evaluation. 
        Performance measures shall be established during the 
        proposal stage of a research and development project 
        and shall, to the maximum extent possible, be outcome-
        based. All evaluations shall be made readily available 
        to the public.
  [(a)] (b) General Authority.--
          (1) Research, development, and technology transfer 
        activities.--The Secretary may carry out research, 
        development, and technology transfer activities with 
        respect to--
                  (A) * * *
                  (B) all phases of transportation planning and 
                development (including construction, operation, 
                transportation system management and 
                operations, modernization, development, design, 
                maintenance, safety, financing, and traffic 
                conditions); and

           *       *       *       *       *       *       *

          [(3) Cooperation, grants, and contracts.--The 
        Secretary may carry out this section--
                  [(A) independently;
                  [(B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories; or
                  [(C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, the National Academy of 
                Sciences, the American Association of State 
                Highway and Transportation Officials, or any 
                Federal laboratory, State agency, authority, 
                association, institution, for-profit or 
                nonprofit corporation, organization, foreign 
                country, or person.]
          (3) Cooperation, grants, and contracts.--The 
        Secretary may carry out research, development, and 
        technology transfer activities related to 
        transportation--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories; or
                  (C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with one or more of the following: 
                the National Academy of Sciences, the American 
                Association of State Highway and Transportation 
                Officials, any Federal laboratory, Federal 
                agency, State agency, authority, association, 
                institution, for-profit or nonprofit 
                corporation, organization, foreign country, any 
                other person.

           *       *       *       *       *       *       *

          (6) Pooled funding.--
                  (A) Cooperation.--To promote effective 
                utilization of available resources, the 
                Secretary may cooperate with a State and an 
                appropriate agency in funding research, 
                development, and technology transfer activities 
                of mutual interest on a pooled funds basis.
                  (B) Secretary as agent.--The Secretary may 
                enter into contracts, cooperative agreements, 
                grants, and other transactions as agent for all 
                participating parties in carrying out such 
                research, development, or technology transfer.
  [(b)] (c) Collaborative Research and Development.--
          (1) * * *
          [(2) Agreements.--In carrying out this subsection, 
        the Secretary may enter into cooperative research and 
        development agreements (as defined in section 12 of the 
        Stevenson-Wydler Technology Innovation Act of 1980 (15 
        U.S.C. 3710a)).]
          (2) Cooperation, grants, contracts, and agreements.--
        Notwithstanding any other provision of law, the 
        Secretary may directly initiate contracts, cooperative 
        research and development agreements (as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)), and other 
        transactions to fund, and accept funds from, the 
        Transportation Research Board of the National Research 
        Council of the National Academy of Sciences, State 
        departments of transportation, cities, counties, and 
        their agents to conduct joint transportation research 
        and technology efforts.

           *       *       *       *       *       *       *

  [(c)] (d) Contents of Research Program.--The Secretary shall 
include in surface transportation research, technology 
development, and technology transfer programs carried out under 
this title coordinated activities in the following areas:
          (1) * * *

           *       *       *       *       *       *       *

          (5) Dynamic simulation models of surface 
        transportation systems for--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) testing the strengths and weaknesses of 
                proposed revisions to surface transportation 
                system management and operations programs.

           *       *       *       *       *       *       *

          (12) Investigation and development of various 
        operational methodologies to reduce the occurrence and 
        impact of recurrent congestion and nonrecurrent 
        congestion and increase transportation system 
        reliability.
          (13) Investigation of processes, procedures, and 
        technologies to secure container and hazardous material 
        transport, including the evaluation of regulations and 
        the impact of good security practices on commerce and 
        productivity.
          (14) Research, development, and technology transfer 
        related to asset management.
  [(d) Advanced Research.--
          [(1) In general.--The Secretary shall establish an 
        advanced research program, consistent with the surface 
        transportation research and technology development 
        strategic plan developed under section 508, that 
        addresses longer-term, higher-risk research that shows 
        potential benefits for improving the durability, 
        efficiency, environmental impact, productivity, and 
        safety (including bicycle and pedestrian safety) of 
        highway and intermodal transportation systems. In 
        carrying out the program, the Secretary shall strive to 
        develop partnerships with the public and private 
        sectors.
          [(2) Research areas.--In carrying out the program, 
        the Secretary may make grants and enter into 
        cooperative agreements and contracts in such areas as 
        the Secretary determines appropriate, including the 
        following:
                  [(A) Characterization of materials used in 
                highway infrastructure, including analytical 
                techniques, microstructure modeling, and the 
                deterioration processes.
                  [(B) Diagnostics for evaluation of the 
                condition of bridge and pavement structures to 
                enable the assessment of risks of failure, 
                including from seismic activity, vibration, and 
                weather.
                  [(C) Design and construction details for 
                composite structures.
                  [(D) Safety technology-based problems in the 
                areas of pedestrian and bicycle safety, 
                roadside hazards, and composite materials for 
                roadside safety hardware.
                  [(E) Environmental research, including 
                particulate matter source apportionment and 
                model development.
                  [(F) Data acquisition techniques for system 
                condition and performance monitoring.
                  [(G) Human factors, including prediction of 
                the response of travelers to new technologies.
  [(e) Long-Term Pavement Performance Program.--
          [(1) Authority.--The Secretary shall complete the 
        long-term pavement performance program tests initiated 
        under the strategic highway research program 
        established under section 307(d) (as in effect on the 
        day before the date of enactment of this section) and 
        continued by the Intermodal Surface Transportation 
        Efficiency Act of 1991 (105 Stat. 1914 et seq.) through 
        the midpoint of a planned 20-year life of the long-term 
        pavement performance program.
          [(2) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary shall make grants and 
        enter into cooperative agreements and contracts to--
                  [(A) monitor, material-test, and evaluate 
                highway test sections in existence as of the 
                date of the grant, agreement, or contract;
                  [(B) analyze the data obtained in carrying 
                out subparagraph (A); and
                  [(C) prepare products to fulfill program 
                objectives and meet future pavement technology 
                needs.]
  (e) Exploratory Advanced Research.--
          (1) In general.--The Secretary shall establish an 
        exploratory advanced research program, consistent with 
        the surface transportation research and technology 
        development strategic plan developed under section 508 
        that involves and draws upon basic research results to 
        provide a better understanding of problems and develop 
        innovative solutions. In carrying out the program, the 
        Secretary shall strive to develop partnerships with 
        public and private sector entities.
          (2) Research areas.--In carrying out the program, the 
        Secretary may make grants and enter into cooperative 
        agreements and contracts in such areas of surface 
        transportation research and technology as the Secretary 
        determines appropriate, including the following:
                  (A) Characterization of materials used in 
                highway infrastructure, including analytical 
                techniques, microstructure modeling, and the 
                deterioration processes.
                  (B) Assessment of the effects of 
                transportation decisions on human health.
                  (C) Development of surrogate measures of 
                safety.
                  (D) Environmental research.
                  (E) Data acquisition techniques for system 
                condition and performance monitoring.
                  (F) System performance data and information 
                processing needed to assess the day-to-day 
                operational performance of the system in 
                support of hour-to-hour operational 
                decisionmaking.
  (f) Long-Term Pavement Performance Program.--
          (1) Authority.--The Secretary shall complete the 20-
        year long-term pavement performance program tests 
        initiated under the strategic highway research program 
        established under section 307(d) (as in effect on June 
        8, 1998).
          (2) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary shall make grants and 
        enter into cooperative agreements and contracts to--
                  (A) monitor, material-test, and evaluate 
                highway test sections in existence as of the 
                date of the grant, agreement, or contract;
                  (B) analyze the data obtained under 
                subparagraph (A); and
                  (C) prepare products to fulfill program 
                objectives and meet future pavement technology 
                needs.
  [(f)] (g) Seismic Research Program.--
          (1) * * *

           *       *       *       *       *       *       *

  [(g)] (h) Infrastructure Investment Needs Report.--
          (1) * * *

           *       *       *       *       *       *       *

  (i) Turner-Fairbank Highway Research Center.--
          (1) In general.--The Secretary shall operate in the 
        Federal Highway Administration a Turner-Fairbank 
        Highway Research Center.
          (2) Uses of the center.--The Turner-Fairbank Highway 
        Research Center shall support--
                  (A) the conduct of highway research and 
                development related to new highway technology;
                  (B) the development of understandings, tools, 
                and techniques that provide solutions to 
                complex technical problems through the 
                development of economical and environmentally 
                sensitive designs, efficient and quality-
                controlled construction practices, and durable 
                materials; and
                  (C) the development of innovative highway 
                products and practices.
  (j) Long-Term Bridge Performance Program.--
          (1) Authority.--The Secretary shall establish a 20-
        year long-term bridge performance program.
          (2) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary shall make grants and 
        enter into cooperative agreements and contracts to--
                  (A) monitor, material-test, and evaluate test 
                bridges;
                  (B) analyze the data obtained under 
                subparagraph (A); and
                  (C) prepare products to fulfill program 
                objectives and meet future bridge technology 
                needs.

Sec. 503. Technology deployment

  (a) Technology Deployment [Initiatives and Partnerships] 
Program.--
          [(1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment initiatives 
        and partnerships program.]
          (1) Establishment.--The Secretary shall develop and 
        administer a national technology deployment program.

           *       *       *       *       *       *       *

          [(7) Grants, cooperative agreements, and contracts.--
        Under the program, the Secretary may make grants and 
        enter into cooperative agreements and contracts to 
        foster alliances and support efforts to stimulate 
        advances in transportation technology, including--
                  [(A) the testing and evaluation of products 
                of the strategic highway research program;
                  [(B) the further development and 
                implementation of technology in areas such as 
                the Superpave system and the use of lithium 
                salts and other alternatives to prevent and 
                mitigate alkali silica reactivity;
                  [(C) the provision of support for long-term 
                pavement performance product implementation and 
                technology access; and
                  [(D) other activities to achieve the goals 
                established under paragraph (3).
          [(8) Reports.--Not later than 18 months after the 
        date of enactment of this section, and biennially 
        thereafter, the Secretary shall submit to the Committee 
        on Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives a report on the progress and 
        results of activities carried out under this section.]
          (7) Grants, cooperative agreements, and contracts.--
                  (A) In general.--Under the program, the 
                Secretary shall make grants to, and enter into 
                cooperative agreements and contracts with, 
                States, other Federal agencies, universities 
                and colleges, private sector entities, and 
                nonprofit organizations to pay the Federal 
                share of the cost of research, development, and 
                technology transfer activities concerning 
                innovative materials.
                  (B) Applications.--To receive a grant under 
                this subsection, an entity described in 
                subparagraph (A) shall submit an application to 
                the Secretary. The application shall be in such 
                form and contain such information as the 
                Secretary may require. The Secretary shall 
                select and approve an application based on 
                whether the project that is the subject of the 
                grant meets the purpose of the program 
                described in paragraph (2).
          (8) Technology and information transfer.--The 
        Secretary shall ensure that the information and 
        technology resulting from research conducted under 
        paragraph (7) is made available to State and local 
        transportation departments and other interested parties 
        as specified by the Secretary.

           *       *       *       *       *       *       *

  (b) Innovative Bridge Research and Construction Program.--
          [(1) In general.--The Secretary shall establish and 
        carry out a program to demonstrate the application of 
        innovative material technology in the construction of 
        bridges and other structures.
          [(2) Goals.--The goals of the program shall include--
                  [(A) the development of new, cost-effective 
                innovative material highway bridge 
                applications;
                  [(B) the reduction of maintenance costs and 
                life-cycle costs of bridges, including the 
                costs of new construction, replacement, or 
                rehabilitation of deficient bridges;
                  [(C) the development of construction 
                techniques to increase safety and reduce 
                construction time and traffic congestion;
                  [(D) the development of engineering design 
                criteria for innovative products and materials 
                for use in highway bridges and structures;
                  [(E) the development of cost-effective and 
                innovative techniques to separate vehicle and 
                pedestrian traffic from railroad traffic;
                  [(F) the development of highway bridges and 
                structures that will withstand natural 
                disasters, including alternative processes for 
                the seismic retrofit of bridges; and
                  [(G) the development of new nondestructive 
                bridge evaluation technologies and techniques.]
          (1) In general.--The Secretary shall establish and 
        carry out a program to promote, demonstrate, evaluate, 
        and document the application of innovative designs, 
        materials, and construction methods in the 
        construction, repair, and rehabilitation of bridges and 
        other highway structures.
          (2) Goals.--The goals of the program shall include--
                  (A) the development of new, cost-effective, 
                innovative highway bridge applications;
                  (B) the development of construction 
                techniques to increase safety and reduce 
                construction time and traffic congestion;
                  (C) the development of engineering design 
                criteria for innovative products, materials, 
                and structural systems for use in highway 
                bridges and structures;
                  (D) the reduction of maintenance costs and 
                life-cycle costs of bridges, including the 
                costs of new construction, replacement, or 
                rehabilitation of deficient bridges;
                  (E) the development of highway bridges and 
                structures that will withstand natural 
                disasters;
                  (F) the documentation and wide dissemination 
                of objective evaluations of the performance and 
                benefits of these innovative designs, 
                materials, and construction methods;
                  (G) the effective transfer of resulting 
                information and technology; and
                  (H) the development of improved methods to 
                detect bridge scour and economical bridge 
                foundation designs that will withstand bridge 
                scour.

           *       *       *       *       *       *       *

  (c) Innovative Pavement Research and Deployment Program.--
          (1) In general.--The Secretary shall establish and 
        implement a program to promote, demonstrate, support, 
        and document the application of innovative pavement 
        technologies, practices, performance, and benefits.
          (2) Goals.--The goals of the innovative pavement 
        research and deployment program shall include--
                  (A) the deployment of new, cost-effective, 
                innovative designs, materials, recycled 
                materials (including taconite tailings and 
                foundry sand), and practices to extend pavement 
                life and performance and to improve customer 
                satisfaction;
                  (B) the reduction of initial costs and life-
                cycle costs of pavements, including the costs 
                of new construction, replacement, maintenance, 
                and rehabilitation;
                  (C) the deployment of accelerated 
                construction techniques to increase safety and 
                reduce construction time and traffic disruption 
                and congestion;
                  (D) the deployment of engineering design 
                criteria and specifications for innovative 
                practices, products, and materials for use in 
                highway pavements;
                  (E) the deployment of new nondestructive and 
                real-time pavement evaluation technologies and 
                techniques;
                  (F) the evaluation, refinement, and 
                documentation of the performance and benefits 
                of innovative technologies deployed to improve 
                life, performance, cost effectiveness, safety, 
                and customer satisfaction;
                  (G) effective technology transfer and 
                information dissemination to accelerate 
                implementation of innovative technologies and 
                to improve life, performance, cost 
                effectiveness, safety, and customer 
                satisfaction; and
                  (H) the development of designs and materials 
                to reduce storm water runoff.
          (3) Research to improve nhs pavement.--The Secretary 
        shall obligate not less than $2,000,000 for fiscal year 
        2004 and $6,000,000 for each of fiscal years 2005 
        through 2009 from funds made available to carry out 
        this subsection to conduct research to improve asphalt 
        pavement, concrete pavement, and aggregates used in 
        highways on the National Highway System.
  (d) Safety Innovation Deployment Program.--
          (1) In general.--The Secretary shall establish and 
        implement a program to demonstrate the application of 
        innovative technologies in highway safety.
          (2) Goals.--The goals of the program shall include--
                  (A) the deployment and evaluation of safety 
                technologies and innovations at State and local 
                levels; and
                  (B) the deployment of best practices in 
                training, management, design, and planning.
          (3) Grants, cooperative agreements, and contracts.--
                  (A) In general.--Under the program, the 
                Secretary shall make grants to, and enter into 
                cooperative agreements and contracts with, 
                States, other Federal agencies, universities 
                and colleges, private sector entities, and 
                nonprofit organizations for research, 
                development, and technology transfer for 
                innovative safety technologies.
                  (B) Applications.--To receive a grant under 
                this subsection, an entity described in 
                subparagraph (A) shall submit an application to 
                the Secretary. The application shall be in such 
                form and contain such information as the 
                Secretary may require. The Secretary shall 
                select and approve the applications based on 
                whether the project that is the subject of the 
                application meets the goals of the program 
                described in paragraph (2).
          (4) Technology and information transfer.--The 
        Secretary shall take such action as is necessary to 
        ensure that the information and technology resulting 
        from research conducted under paragraph (3) is made 
        available to State and local transportation departments 
        and other interested parties as specified by the 
        Secretary.
  (e) Promotional Authority.--Funds authorized to be 
appropriated for necessary expenses for administration and 
operation of the Federal Highway Administration shall be 
available to purchase promotional items of nominal value for 
use in the recruitment of individuals and to promote the 
programs of the Federal Highway Administration.

Sec. 504. Training and education

  (a) National Highway Institute.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Courses.--The Institute may develop and 
        administer courses in modern developments, techniques, 
        methods, regulations, management, and procedures 
        relating to surface transportation, environmental 
        mitigation and compliance, acquisition of rights-of-
        way, relocation assistance, engineering, safety, 
        construction, maintenance and operations, contract 
        administration, motor carrier safety activities, 
        inspection, and highway finance.]
          (3) Courses.--The Institute may develop and 
        administer courses in modern developments, techniques, 
        methods, regulations, management, and procedures in 
        areas, including surface transportation, environmental 
        mitigation, compliance, stewardship, and streamlining, 
        acquisition of rights-of-way, relocation assistance, 
        engineering, safety, transportation system management 
        and operations, construction, maintenance, contract 
        administration, inspection, and highway finance.

           *       *       *       *       *       *       *

  (b) Local Technical Assistance Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Federal share.--
                  (A) Grants.--A grant under this subsection 
                may be used to pay up to 50 percent of local 
                technical assistance program costs. Funds 
                available for technology transfer and training 
                purposes under this title and title 49 may be 
                used to cover the remaining 50 percent of the 
                program costs.
                  (B) Tribal technical assistance centers.--The 
                Federal share of the cost of activities carried 
                out by the tribal technical assistance centers 
                under paragraph (2)(D)(ii) shall be 100 
                percent.

           *       *       *       *       *       *       *

  (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).
  (e) Surface Transportation Workforce Development, Training, 
and Education.--
          (1) Funding.--Subject to project approval by the 
        Secretary, a State may obligate funds apportioned to 
        the State under sections 104(b)(1), 104(b)(2), 
        104(b)(3), 104(b)(4), and 144(e) for surface 
        transportation workforce development, training and 
        education, including--
                  (A) tuition and direct educational expenses, 
                excluding salaries, in connection with the 
                education and training of employees of State 
                and local transportation agencies;
                  (B) employee professional development;
                  (C) student internships;
                  (D) university or community college support; 
                and
                  (E) education activities, including outreach, 
                to develop interest and promote participation 
                in surface transportation careers.
          (2) Federal share.--The Federal share of the cost of 
        activities carried out in accordance with this 
        subsection shall be 100 percent.
          (3) Surface transportation workforce development, 
        training, and education defined.--In this subsection, 
        the term ``surface transportation workforce 
        development, training, and education'' means activities 
        associated with surface transportation career 
        awareness, student transportation career preparation, 
        and training and professional development for surface 
        transportation workers, including activities for women 
        and minorities.
  (f) Transportation Education Development Pilot Program.--
          (1) Establishment.--The Secretary shall establish a 
        program to make grants to institutions of higher 
        education that in partnership with industry or State 
        Departments of Transportation will develop, test, and 
        revise new curricula and education programs to train 
        individuals at all levels of the transportation 
        workforce.
          (2) Selection of grant recipients.--In selecting 
        applications for awards under this subsection, the 
        Secretary shall consider--
                  (A) the degree to which the new curricula or 
                education program meets the specific needs of a 
                segment of the transportation industry, States, 
                or regions;
                  (B) providing for practical experience and 
                on-the-job training;
                  (C) proposals oriented toward practitioners 
                in the field rather than the support and growth 
                of the research community;
                  (D) the degree to which the new curricula or 
                program will provide training in areas other 
                than engineering, such as business 
                administration, economics, information 
                technology, environmental science, and law;
                  (E) programs or curricula in nontraditional 
                departments which train professionals for work 
                in the transportation field, such as materials, 
                information technology, environmental science, 
                urban planning, and industrial technology; and
                  (F) industry or a State's Department of 
                Transportation commitment to the program.
          (3) Funding.--Of the amounts made available by 
        section 5101(a)(2) of this Act, $1,500,000 for each of 
        fiscal years 2005 through 2009 shall be available to 
        carry out this subsection.
          (4) Limitations.--The amount of a grant under this 
        subsection shall not exceed $250,000 per year. After a 
        recipient has received 3 years of Federal funding under 
        this subsection, Federal funding may equal no more than 
        75 percent of a grantee's program costs.
  (g) Freight Capacity Building Program.--
          (1) Establishment.--The Secretary shall establish a 
        freight planning capacity building initiative to 
        support enhancements in freight transportation planning 
        in order to--
                  (A) better target investments in freight 
                transportation systems to maintain efficiency 
                and productivity; and
                  (B) strengthen the decisionmaking capacity of 
                State transportation departments and local 
                transportation agencies with respect to freight 
                transportation planning and systems.
          (2) Agreements.--The Secretary shall enter into 
        agreements to support and carry out administrative and 
        management activities relating to the governance of the 
        freight planning capacity initiative.
          (3) Stakeholder involvement.--In carrying out this 
        section, the Secretary shall consult with the 
        Association of Metropolitan Planning Organizations, the 
        American Association of State Highway and 
        Transportation Officials, and other freight planning 
        stakeholders, including the other Federal agencies, 
        State transportation departments, local governments, 
        nonprofit entities, academia, and the private sector.
          (4) Eligible activities.--The freight planning 
        capacity building initiative shall include research, 
        training, and education in the following areas:
                  (A) The identification and dissemination of 
                best practices in freight transportation.
                  (B) Providing opportunities for freight 
                transportation staff to engage in peer 
                exchange.
                  (C) Refinement of data and analysis tools 
                used in conjunction with assessing freight 
                transportation needs.
                  (D) Technical assistance to State 
                transportation departments and local 
                transportation agencies reorganizing to address 
                freight transportation issues.
                  (E) Facilitating relationship building 
                between governmental and private entities 
                involved in freight transportation.
                  (F) Identifying ways to target the capacity 
                of State transportation departments and local 
                transportation agencies to address freight 
                considerations in operations, security, asset 
                management, and environmental excellence in 
                connection with long-range multimodal 
                transportation planning and project 
                implementation.
          (5) Funding.--
                  (A) Federal share.--The Federal share of the 
                cost of an activity carried out under this 
                section shall be up to 100 percent, and such 
                funds shall remain available until expended.
                  (B) Use of non-federal funds.--Funds made 
                available for the program established under 
                this subsection may be used for research, 
                program development, information collection and 
                dissemination, and technical assistance. The 
                Secretary may use such funds independently or 
                make grants to, or enter into contracts, 
                cooperative agreements, and other transactions 
                with, a Federal agency, State agency, local 
                agency, Federally recognized Indian tribal 
                government or tribal consortium, authority, 
                association, nonprofit or for-profit 
                corporation, or institution of higher 
                education, to carry out the purposes of this 
                subsection.

           *       *       *       *       *       *       *

[Sec. 507. Surface transportation-environment cooperative research 
                    program

  [(a) In General.--The Secretary shall establish and carry out 
a surface transportation-environment cooperative research 
program.
  [(b) Contents.--The program to be carried out under this 
section shall include research designed--
          [(1) to develop more accurate models for evaluating 
        transportation control measures and transportation 
        system designs that are appropriate for use by State 
        and local governments, including metropolitan planning 
        organizations, in designing implementation plans to 
        meet Federal, State, and local environmental 
        requirements;
          [(2) to improve understanding of the factors that 
        contribute to the demand for transportation, including 
        transportation system design, demographic change, land 
        use planning, and communications and other information 
        technologies;
          [(3) to develop indicators of economic, social, and 
        environmental performance of transportation systems to 
        facilitate analysis of potential alternatives;
          [(4) to study the relationship between highway 
        density and ecosystem integrity, including the impacts 
        of highway density on habitat integrity and overall 
        ecosystem health, and develop a rapid assessment 
        methodology for use by transportation and regulatory 
        agencies in determining the relationship between 
        highway density and ecosystem integrity; and
          [(5) to meet additional priorities as determined by 
        the advisory board established under subsection (c), 
        including recommendations of the National Research 
        Council in the report entitled ``Environmental Research 
        Needs in Transportation''.
  [(c) Advisory Board.--
          [(1) Establishment.--In consultation with the 
        Secretary of Energy, the Administrator of the 
        Environmental Protection Agency, and the heads of other 
        appropriate Federal departments and agencies, the 
        Secretary shall establish an advisory board to 
        recommend environmental and energy conservation 
        research, technology, and technology transfer 
        activities related to surface transportation.
          [(2) Membership.--The advisory board shall include--
                  [(A) representatives of State transportation 
                and environmental agencies;
                  [(B) transportation and environmental 
                scientists and engineers; and
                  [(C) representatives of metropolitan planning 
                organizations, transit operating agencies, and 
                environmental organizations.
  [(d) National Academy of Sciences.--The Secretary may make 
grants to, and enter into cooperative agreements with, the 
National Academy of Sciences to carry out such activities 
relating to the research, technology, and technology transfer 
activities described in subsection (b) as the Secretary 
determines appropriate.

[Sec. 508. Surface transportation research strategic planning

  [(a) In General.--The Secretary shall--
          [(1) establish a strategic planning process, 
        consistent with section 306 of title 5 for the 
        Department of Transportation to determine national 
        transportation research and technology development 
        priorities related to surface transportation;
          [(2) coordinate Federal surface transportation 
        research and technology development activities;
          [(3) measure the results of those activities and how 
        they impact the performance of the surface 
        transportation systems of the United States; and
          [(4) ensure that planning and reporting activities 
        carried out under this section are coordinated with all 
        other surface transportation planning and reporting 
        requirements.
  [(b) Implementation.--The Secretary shall--
          [(1) provide for the integrated planning, 
        coordination, and consultation among the operating 
        administrations of the Department of Transportation, 
        all other Federal agencies with responsibility for 
        surface transportation research and technology 
        development, State and local governments, institutions 
        of higher education, industry, and other private and 
        public sector organizations engaged in surface 
        transportation-related research and development 
        activities;
          [(2) ensure that the surface transportation research 
        and technology development programs of the Department 
        do not duplicate other Federal, State, or private 
        sector research and development programs; and
          [(3) provide for independent validation of the 
        scientific and technical assumptions underlying the 
        surface transportation research and technology 
        development programs of the Department.
  [(c) Surface Transportation Research and Technology 
Development Strategic Plan.--
          [(1) Development.--The Secretary shall develop an 
        integrated surface transportation research and 
        technology development strategic plan.
          [(2) Contents.--The plan shall include--
                  [(A) an identification of the general goals 
                and objectives of the Department of 
                Transportation for surface transportation 
                research and development;
                  [(B) a description of the roles of the 
                Department and other Federal agencies in 
                achieving the goals identified under 
                subparagraph (A), in order to avoid unnecessary 
                duplication of effort;
                  [(C) a description of the overall strategy of 
                the Department, and the role of each of the 
                operating administrations of the Department, in 
                carrying out the plan over the next 5 years, 
                including a description of procedures for 
                coordination of the efforts of the Secretary 
                with the efforts of the operating 
                administrations of the Department and other 
                Federal agencies;
                  [(D) an assessment of how State and local 
                research and technology development activities 
                are contributing to the achievement of the 
                goals identified under subparagraph (A);
                  [(E) details of the surface transportation 
                research and technology development programs of 
                the Department, including performance goals, 
                resources needed to achieve those goals, and 
                performance indicators as described in section 
                1115(a) of title 31, United States Code, for 
                the next 5 years for each area of research and 
                technology development;
                  [(F) significant comments on the plan 
                obtained from outside sources; and
                  [(G) responses to significant comments 
                obtained from the National Research Council and 
                other advisory bodies, and a description of any 
                corrective actions taken pursuant to such 
                comments.
          [(3) National research council review.--The Secretary 
        shall enter into an agreement for the review by the 
        National Research Council of the details of each--
                  [(A) strategic plan or revision required 
                under section 306 of title 5;
                  [(B) performance plan required under section 
                1115 of title 31; and
                  [(C) program performance report required 
                under section 1116,
        with respect to surface transportation research and 
        technology development.
          [(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 results for the 
                previous fiscal year of surface transportation 
                research and technology development programs to 
                which the Department of Transportation 
                contributes, along with--
                          [(i) an analysis of the relationship 
                        between those results and the goals 
                        identified under paragraph (2)(A); and
                          [(ii) a description of the 
                        methodology used for assessing the 
                        results; and
                  [(B) a description of significant surface 
                transportation research and technology 
                development initiatives, if any, undertaken 
                during the previous fiscal year that were not 
                in the plan developed under paragraph (1), and 
                any significant changes in the plan from the 
                previous year's plan.
  [(d) Merit Review and Performance Measurement.--Not later 
than 1 year after the date of enactment of this section, the 
Secretary shall transmit to Congress a report describing 
competitive merit review procedures for use in selecting 
grantees and contractors in the programs covered by the plan 
developed under subsection (c) and performance measurement 
procedures for evaluating the programs.
  [(e) Procurement Procedures.--The Secretary shall--
          [(1) develop model procurement procedures that 
        encourage the use of advanced technologies; and
          [(2) develop model transactions for carrying out and 
        coordinating Federal and State surface transportation 
        research and technology development activities.
  [(f) Consistency With Government Performance and Results Act 
of 1993.--The plans and reports developed under this section 
shall be consistent with and incorporated as part of the plans 
developed under section 306 of title 5 and sections 1115 and 
1116 of title 31.]

Sec. 507. Surface Transportation environment and planning cooperative 
                    research program

  (a) Establishment.--The Secretary shall establish and carry 
out a collaborative, public-private surface transportation 
environment and planning cooperative research program.
  (b) Agreement.--The Secretary shall enter into an agreement 
with the National Academy of Sciences to carry out 
administrative and management activities relating to the 
governance of the surface transportation environment and 
planning cooperative research program.
  (c) Advisory Committee.--
          (1) Establishment.--The Secretary shall establish a 
        committee that will be responsible for program 
        oversight and project selection.
          (2) Membership.--The members of the committee shall 
        be appointed by the Secretary and shall be composed 
        of--
                  (A) representatives of State, regional, and 
                local transportation agencies, including 
                transit agencies;
                  (B) representatives of State environmental 
                agencies and other environmental organizations;
                  (C) representatives of the transportation 
                private sector;
                  (D) transportation and environmental 
                scientists and engineers; and
                  (E) representatives of the Federal Highway 
                Administration, Federal Transit Administration, 
                Environmental Protection Agency, United States 
                Fish and Wildlife Service, Corps of Engineers, 
                American Association of State Highway and 
                Transportation Officials, and American Public 
                Transportation Association, who shall serve in 
                an ex officio capacity.
          (3) Balance.--The majority of the committee's voting 
        members shall be representatives of government 
        transportation agencies.
          (4) Meetings.--The National Academy of Sciences shall 
        convene meetings of the committee.
  (d) Governance.--The program established under this section 
shall include the following administrative and management 
elements:
          (1) National research agenda.--The advisory 
        committee, in consultation with interested parties, 
        shall carry out and periodically update research and 
        development called for in the Transportation Research 
        Board Special Report 268, entitled ``Surface 
        Transportation Environmental Research: A Long-Term 
        Strategy'' and published in 2002, as described in 
        subsection (e). The national research agenda shall 
        include a multiyear strategic plan.
          (2) Involvement.--Interested parties may--
                  (A) submit research proposals;
                  (B) participate in merit reviews of research 
                proposals and peer reviews of research 
                products; and
                  (C) receive research results.
          (3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award 
        under the program research contracts and grants through 
        open competition and merit review conducted on a 
        regular basis.
          (4) Evaluation of research.--
                  (A) Peer review.--Research contracts and 
                grants may allow peer review of the research 
                results.
                  (B) Programmatic evaluations.--The National 
                Academy of Sciences may conduct periodic 
                programmatic evaluations on a regular basis.
          (5) Dissemination of research findings.--The National 
        Academy of Sciences shall disseminate research findings 
        to researchers, practitioners, and decisionmakers, 
        through conferences and seminars, field demonstrations, 
        workshops, training programs, presentations, testimony 
        to government officials, World Wide Web, and 
        publications for the general public.
  (e) Contents.--The national research agenda for the program 
required under subsection (d)(1) shall include research in the 
following areas for the purposes described:
          (1) Human health.--Human health to establish the 
        links between transportation activities and human 
        health; substantiate the linkages between exposure to 
        concentration levels, emissions, and health impacts; 
        examine the potential health impacts from the 
        implementation and operation of transportation 
        infrastructure and services; develop strategies for 
        avoidance and reduction of these impacts; and develop 
        strategies to understand the economic value of health 
        improvements and for incorporating health 
        considerations into valuation methods.
          (2) Ecology and natural systems.--Ecology and natural 
        systems to measure transportation's short- and long-
        term impact on natural systems; develop ecologically 
        based performance measures; develop insight into both 
        the spatial and temporal issues associated with 
        transportation and natural systems; study the 
        relationship between highway density and ecosystem 
        integrity, including the impacts of highway density on 
        habitat integrity and overall ecosystem health; develop 
        a rapid assessment methodology for use by 
        transportation and regulatory agencies in determining 
        the relationship between highway density and ecosystem 
        integrity; and develop ecologically based performance 
        techniques to evaluate the success of highway project 
        mitigation and enhancement measures.
          (3) Environmental and socioeconomic relationships.--
        Environmental and socioeconomic relationships to 
        understand differences in mobility, access, travel 
        behavior, and travel preferences across socioeconomic 
        groups; develop improved planning approaches that 
        better reflect and respond to community needs; improve 
        evaluation methods for examining the incidence of 
        benefits and costs; examine the differential impacts of 
        current methods of finance and explore alternatives; 
        understand the socioeconomic implications of emerging 
        land development patterns and new transportation 
        technologies; develop cost-effective applications of 
        technology that improve the equity of the transport 
        system; and develop improved methods for community 
        involvement, collaborative planning, and conflict 
        resolution.
          (4) Emerging technologies.--Emerging technologies to 
        assist in the transition to environmentally benign 
        fuels and vehicles for passengers and freight; develop 
        responses to and demand for new technologies that could 
        offer improved environmental performance; identify 
        possible applications of intelligent transportation 
        systems technologies for environmental benefit; develop 
        policy instruments that would encourage the development 
        of beneficial new technologies in a cost-effective 
        manner; and respond to the impact of new technologies.
          (5) Land use.--Land use to assess land consumption 
        trends and contributing factors of transportation 
        investment, housing policies, school quality, and 
        consumer preferences; incorporate impacts of 
        transportation investments on location decision and 
        land use; identify the costs and benefits of current 
        development patterns and their transportation 
        implications; determine the effect of the built 
        environment on people's willingness to walk, drive, or 
        take public transportation; determine the roles of 
        public policy and institutional arrangements in current 
        and prospective land use and transportation choices; 
        and develop improved data, methods, and processes for 
        considering land use, transportation, and the 
        environment in an integrated, systematic fashion.
          (6) Planning and performance measures.--Planning and 
        performance measures to improve understanding of travel 
        needs and preferences; improve planning methods for 
        system analysis, forecasting, and decisionmaking; 
        expand information on consumer choice processes and 
        travel and activity patterns for both local and long-
        distance trips and both passenger and freight 
        transportation analysis of social, environmental, and 
        economic benefits and cost of various transport 
        options; develop tools for measuring and forecasting 
        complex transportation decisions for all modes and 
        users; and develop performance measures and policy 
        analysis approaches that can be used to determine 
        effectiveness.
          (7) Other research areas.--Other research areas to 
        identify and address the emerging and future surface 
        transportation research needs related to planning and 
        environment.
  (f) Federal Share.--The Federal share of the cost of an 
activity carried out under this section shall be up to 100 
percent, and such funds shall remain available until expended.
  (g) Use of Non-Federal Funds.--In addition to using funds 
authorized to be appropriated to carry out this section, the 
National Academy of Sciences may seek and accept additional 
funding sources to carry out this section from public and 
private entities capable of attracting and accepting funding 
from the Department of Transportation, Environmental Protection 
Agency, Department of Energy, United States Fish and Wildlife 
Service, and other Federal environmental agencies, States, 
local governments, nonprofit foundations, and the private 
sector.

Sec. 508. Transportation research and development strategic planning

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

Sec. 509. National cooperative freight Transportation research program

  (a) Establishment.--The Secretary shall establish and support 
a national cooperative freight transportation research program.
  (b) Agreement.--The Secretary shall enter into an agreement 
with the National Academy of Sciences to support and carry out 
administrative and management activities relating to the 
governance of the national cooperative freight transportation 
research program.
  (c) Advisory Committee.--The National Academy of Sciences 
shall select an advisory committee consisting of a 
representative cross-section of freight stakeholders, including 
the Department of Transportation, other Federal agencies, State 
transportation departments, local governments, nonprofit 
entities, academia, and the private sector.
  (d) Governance.--The national cooperative freight 
transportation research program established under this section 
shall include the following administrative and management 
elements:
          (1) National research agenda.--The advisory 
        committee, in consultation with interested parties, 
        shall recommend a national research agenda for the 
        program. The agenda shall include a multiyear strategic 
        plan.
          (2) Involvement.--Interested parties may--
                  (A) submit research proposals to the advisory 
                committee;
                  (B) participate in merit reviews of research 
                proposals and peer reviews of research 
                products; and
                  (C) receive research results.
          (3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award 
        research contracts and grants under the program through 
        open competition and merit review conducted on a 
        regular basis.
          (4) Evaluation of research.--
                  (A) Peer review.--Research contracts and 
                grants under the program may allow peer review 
                of the research results.
                  (B) Programmatic evaluations.--The National 
                Academy of Sciences may conduct periodic 
                programmatic evaluations on a regular basis of 
                research contracts and grants.
          (5) Dissemination of research findings.--The National 
        Academy of Sciences shall disseminate research findings 
        to researchers, practitioners, and decisionmakers, 
        through conferences and seminars, field demonstrations, 
        workshops, training programs, presentations, testimony 
        to government officials, World Wide Web, publications 
        for the general public, and other appropriate means.
  (e) Contents.--The national research agenda required under 
subsection (d)(1) shall include research in the following 
areas:
          (1) Techniques for estimating and quantifying public 
        benefits derived from freight transportation projects.
          (2) Alternative approaches to calculating the 
        contribution of truck and rail traffic to congestion on 
        specific highway segments.
          (3) The feasibility of consolidating origins and 
        destinations for freight movement.
          (4) Methods for incorporating estimates of 
        international trade into landside transportation 
        planning.
          (5) The use of technology applications to increase 
        capacity of highway lanes dedicated to truck-only 
        traffic.
          (6) Development of physical and policy alternatives 
        for separating car and truck traffic.
          (7) Ways to synchronize infrastructure improvements 
        with freight transportation demand.
          (8) The effect of changing patterns of freight 
        movement on transportation planning decisions relating 
        to rest areas.
          (9) Other research areas to identify and address the 
        emerging and future research needs related to freight 
        transportation by all modes.
  (f) Funding.--
          (1) Federal share.--The Federal share of the cost of 
        an activity carried out under this section shall be up 
        to 100 percent, and such funds shall remain available 
        until expended.
          (2) Use of non-federal funds.--In addition to using 
        funds authorized for this section, the National Academy 
        of Sciences may seek and accept additional funding 
        sources from public and private entities capable of 
        accepting funding from the Department of 
        Transportation, States, local governments, nonprofit 
        foundations, and the private sector.

Sec. 510. Future strategic highway research program

  (a) Establishment.--The Secretary, in consultation with the 
American Association of State Highway and Transportation 
Officials, shall establish and carry out, acting through the 
National Research Council of the National Academy of Sciences, 
the future strategic highway research program.
  (b) Cooperative Agreements.--The Secretary may make grants 
to, and enter into cooperative agreements with, the American 
Association of State Highway and Transportation Officials and 
the National Academy of Sciences to carry out such activities 
under this subsection as the Secretary determines are 
appropriate.
  (c) Period of Availability.--Funds made available to carry 
out this section shall remain available for the fiscal year in 
which such funds are made available and the 3 succeeding fiscal 
years.
  (d) Program Priorities.--
          (1) Program elements.--The program established under 
        this section shall be based on the National Research 
        Council Special Report 260, entitled ``Strategic 
        Highway Research: Saving Lives, Reducing Congestion, 
        Improving Quality of Life'' and the results of the 
        detailed planning work subsequently carried out in 2002 
        and 2003 to identify the research areas through 
        National Cooperative Research Program Project 20-58. 
        The research program shall include an analysis of the 
        following:
                  (A) Renewal of aging highway infrastructure 
                with minimal impact to users of the facilities.
                  (B) Driving behavior and likely crash causal 
                factors to support improved countermeasures.
                  (C) Reducing highway congestion due to 
                nonrecurring congestion.
                  (D) Planning and designing new road capacity 
                to meet mobility, economic, environmental, and 
                community needs.
          (2) Dissemination of results.--The research results 
        of the program, expressed in terms of technologies, 
        methodologies, and other appropriate categorizations, 
        shall be disseminated to practicing engineers for their 
        use, as soon as practicable.
  (e) Program Administration.--In carrying out the program 
under this section, the National Research Council shall ensure, 
to the maximum extent practicable, that--
          (1) projects and researchers are selected to conduct 
        research for the program on the basis of merit and open 
        solicitation of proposals and review by panels of 
        appropriate experts;
          (2) State department of transportation officials and 
        other stakeholders, as appropriate, are involved in the 
        governance of the program at the overall program level 
        and technical level through the use of expert panels 
        and committees;
          (3) the Council acquires a qualified, permanent core 
        staff with the ability and expertise to manage the 
        program and multiyear budget; and
          (4) there is no duplication of research effort 
        between the program and any other research effort of 
        the Department.
  (f) Report on Implementation of Results.--
          (1) Report.--The Transportation Research Board of the 
        National Research Council shall complete a report on 
        the strategies and administrative structure to be used 
        for implementation of the results of the future 
        strategic highway research program.
          (2) Components.--The report under paragraph (1) shall 
        include with respect to the program--
                  (A) an identification of the most promising 
                results of research under the program 
                (including the persons most likely to use the 
                results);
                  (B) a discussion of potential incentives for, 
                impediments to, and methods of, implementing 
                those results;
                  (C) an estimate of costs of implementation of 
                those results; and
                  (D) recommendations on methods by which 
                implementation of those results should be 
                conducted, coordinated, and supported in future 
                years, including a discussion of the 
                administrative structure and organization best 
                suited to carry out those recommendations.
          (3) Consultation.--In developing the report, the 
        Transportation Research Board shall consult with a wide 
        variety of stakeholders, including--
                  (A) the Federal Highway Administration;
                  (B) the National Highway Traffic Safety 
                Administration; and
                  (C) the American Association of State Highway 
                and Transportation Officials.
          (4) Submission.--Not later than February 1, 2009, the 
        report shall be submitted to the Committee on 
        Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives.
  (g) Limitation of Remedies.--
          (1) Same remedy as if united states.--The remedy 
        against the United States provided by sections 1346(b) 
        and 2672 of title 28 for injury, loss of property, 
        personal injury, or death shall apply to any claim 
        against the National Academy of Sciences for money 
        damages for injury, loss of property, personal injury, 
        or death caused by any negligent or wrongful act or 
        omission by employees and individuals described in 
        paragraph (3) arising from activities conducted under 
        or in connection with this section. Any such claim 
        shall be subject to the limitations and exceptions 
        which would be applicable to such claim if such claim 
        were against the United States. With respect to any 
        such claim, the Secretary shall be treated as the head 
        of the appropriate Federal agency for purposes of 
        sections 2672 and 2675 of title 28.
          (2) Exclusiveness of remedy.--The remedy referred to 
        in paragraph (1) shall be exclusive of any other civil 
        action or proceeding for the purpose of determining 
        liability arising from any such act or omission without 
        regard to when the act or omission occurred.
          (3) Treatment.--Employees of the National Academy of 
        Sciences and other individuals appointed by the 
        president of the National Academy of Sciences and 
        acting on its behalf in connection with activities 
        carried out under this section shall be treated as if 
        they are employees of the Federal Government under 
        section 2671 of title 28 for purposes of a civil action 
        or proceeding with respect to a claim described in 
        paragraph (1). The civil action or proceeding shall 
        proceed in the same manner as any proceeding under 
        chapter 171 of title 28 or action against the United 
        States filed pursuant to section 1346(b) of title 28 
        and shall be subject to the limitations and exceptions 
        applicable to such a proceeding or action.
          (4) Sources of payments.--Payment of any award, 
        compromise, or settlement of a civil action or 
        proceeding with respect to a claim described in 
        paragraph (1) shall be paid first out of insurance 
        maintained by the National Academy of Sciences, second 
        from funds made available to carry out this section, 
        and then from sums made available under section 1304 of 
        title 31. For purposes of such section, such an award, 
        compromise, or settlement shall be deemed to be a 
        judgment, award, or settlement payable under section 
        2414 or 2672 of title 28. The Secretary may establish a 
        reserve of funds made available to carry out this 
        section for making payments under this paragraph.
  (h) Funding.--
          (1) Federal share.--The Federal share of the cost of 
        an activity carried out using amounts made available 
        under a grant or cooperative agreement under this 
        section shall be 100 percent, and such funds shall 
        remain available until expended.
          (2) Advance payments.--The Secretary may make advance 
        payments as necessary to carry out the program under 
        this section.

                   CHAPTER 6--INFRASTRUCTURE FINANCE

Sec.
601.  Generally applicable provisions.
602.  Determination of eligibility and project selection.
603.  Secured loans.
604.  Lines of credit.
605.  Program administration.
606.  State and local permits.
607.  Regulations.
608.  Funding.
609.  State infrastructure bank program.

[Sec. 181. Definitions]

Sec. 601. Generally applicable provisions

  [In this subchapter] (a) Definitions.--In this chapter, the 
following definitions apply:
          (1) Eligible project costs.--The term ``eligible 
        project costs'' means amounts substantially all of 
        which are paid by, or for the account of, an obligor in 
        connection with a project, including the cost of--
                  (A) * * *

           *       *       *       *       *       *       *

          (2) Federal credit instrument.--The term ``Federal 
        credit instrument'' means a secured loan, loan 
        guarantee, or line of credit authorized to be made 
        available under [this subchapter] this chapter with 
        respect to a project.
          (3) Investment-grade rating.--The term ``investment-
        grade rating'' means a rating [category] of BBB minus, 
        Baa3, or higher assigned by a rating agency to project 
        obligations [offered into the capital markets].

           *       *       *       *       *       *       *

          (5) Line of credit.--The term ``line of credit'' 
        means an agreement entered into by the Secretary with 
        an obligor under section [184] 604 to provide a direct 
        loan at a future date upon the occurrence of certain 
        events.

           *       *       *       *       *       *       *

          [(7) Local servicer.--The term ``local servicer'' 
        means--
                  [(A) a State infrastructure bank established 
                under this title; or
                  [(B) a State or local government or any 
                agency of a State or local government that is 
                responsible for servicing a Federal credit 
                instrument on behalf of the Secretary.]
          [(8)] (7) Obligor.--The term ``obligor'' means a 
        party primarily liable for payment of the principal of 
        or interest on a Federal credit instrument, which party 
        may be a corporation, partnership, joint venture, 
        trust, or governmental entity, agency, or 
        instrumentality.
          [(9)] (8) Project.--The term ``project'' means--
                  (A) * * *
                  (B) a project for an international bridge or 
                tunnel for which an international entity 
                authorized under Federal or State law is 
                responsible[.];

           *       *       *       *       *       *       *

          [(10)] (9) Project obligation.--The term ``project 
        obligation'' means any note, [bond] credit, debenture, 
        or other debt obligation issued by an obligor in 
        connection with the financing of a project, other than 
        a Federal credit instrument.
          [(11)] (10) Rating agency.--The term ``rating 
        agency'' means a bond rating agency identified by the 
        Securities and Exchange Commission as a Nationally 
        Recognized Statistical Rating Organization.
          [(12)] (11) Secured loan.--The term ``secured loan'' 
        means a direct loan or other debt obligation issued by 
        an obligor and funded by the Secretary in connection 
        with the financing of a project under section [183] 
        603.
          [(13)] (12) State.--The term ``State'' has the 
        meaning given the term in section 101.
          [(14)] (13) Subsidy amount.--The term ``subsidy 
        amount'' means the amount of budget authority 
        sufficient to cover the estimated long-term cost to the 
        Federal Government of a Federal credit instrument, 
        calculated on a net present value basis, excluding 
        administrative costs and any incidental effects on 
        governmental receipts or outlays in accordance with the 
        provisions of the Federal Credit Reform Act of 1990 (2 
        U.S.C. 661 et seq.).
          [(15)] (14) Substantial completion.--The term 
        ``substantial completion'' means the opening of a 
        project to vehicular or passenger traffic.
  (b) Treatment of Chapter.--For purposes of this title, this 
chapter shall be treated as being part of chapter 1.

Sec. [182] 602. Determination of eligibility and project selection

  (a) Eligibility.--To be eligible to receive financial 
assistance under [this subchapter] this chapter, a project 
shall meet the following criteria:
          [(1) Inclusion in transportation plans and 
        programs.--The project--
                  [(A) shall be included in the State 
                transportation plan required under section 135; 
                and
                  [(B) at such time as an agreement to make 
                available a Federal credit instrument is 
                entered into under this subchapter, shall be 
                included in the approved State transportation 
                improvement program required under section 134.
          [(2) Application.--A State, a local servicer 
        identified under section 185(a), or the entity 
        undertaking the project shall submit a project 
        application to the Secretary.]
          (1) Inclusion in transportation plans and programs.--
        The project shall satisfy the applicable planning and 
        programming requirements of sections 134 and 135 at 
        such time as an agreement to make available a Federal 
        credit instrument is entered into under chapter.
          (2) Application.--A State, a local government, public 
        authority, public-private partnership, or any other 
        legal entity undertaking the project and authorized by 
        the Secretary, shall submit a project application to 
        the Secretary.
          (3) Eligible project costs.--
                  (A) In general.--Except as provided in 
                subparagraph (B), to be eligible for assistance 
                under [this subchapter] this chapter, a project 
                shall have eligible project costs that are 
                reasonably anticipated to equal or exceed the 
                lesser of--
                          (i) [$100,000,000] $50,000,000; or

           *       *       *       *       *       *       *

                  (B) Intelligent transportation system 
                projects.--In the case of a project principally 
                involving the installation of an intelligent 
                transportation system, eligible project costs 
                shall be reasonably anticipated to equal or 
                exceed [$30,000,000] $15,000,000.
          (4) Dedicated revenue sources.--[Project financing] 
        The Federal credit instrument shall be repayable, in 
        whole or in part, from tolls, user fees, or other 
        dedicated revenue sources that also secure the project 
        obligations.

           *       *       *       *       *       *       *

  (b) Selection Among Eligible Projects.--
          (1) Establishment.--The Secretary shall establish 
        criteria for selecting among projects that meet the 
        eligibility [criteria] requirements specified in 
        subsection (a).
          (2) Selection criteria.--
                  (A) In general.--The selection criteria shall 
                include the following:
                          (i) * * *

           *       *       *       *       *       *       *

                          (iii) The extent to which assistance 
                        under [this subchapter] this chapter 
                        would foster innovative public-private 
                        partnerships and attract private debt 
                        or equity investment.
                          (iv) The likelihood that assistance 
                        under [this subchapter] this chapter 
                        would enable the project to proceed at 
                        an earlier date than the project would 
                        otherwise be able to proceed.

           *       *       *       *       *       *       *

                          (vi) The amount of budget authority 
                        required to fund the Federal credit 
                        instrument made available under [this 
                        subchapter] this chapter.

           *       *       *       *       *       *       *

                          (viii) The extent to which assistance 
                        under this chapter and chapter 1 would 
                        reduce the contribution of Federal 
                        grant assistance to the project.
                  (B) Preliminary rating opinion letter.--For 
                purposes of subparagraph (A)(ii), the Secretary 
                shall require each project applicant to provide 
                a preliminary rating opinion letter from at 
                least 1 rating agency indicating that the 
                project's senior obligations, which may be the 
                Federal credit instrument, have the potential 
                to achieve an investment-grade rating.

           *       *       *       *       *       *       *

  (c) Federal Requirements.--In addition to the requirements of 
this title for highway projects, chapter 53 of title 49 for 
transit projects, and section 5333(a) of title 49 for rail 
projects, the following provisions of law shall apply to funds 
made available under [this subchapter] this chapter and 
projects assisted with the funds:
          (1) * * *

           *       *       *       *       *       *       *

Sec. [183] 603. Secured loans

  (a) In General.--
          (1) Agreements.--Subject to paragraphs (2) through 
        (4), the Secretary may enter into agreements with 1 or 
        more obligors to make secured loans, the proceeds of 
        which shall be used--
                  (A) to finance eligible project costs of any 
                project selected under section 602; or
                  (B) to refinance interim construction 
                financing of eligible project costs[;
[of any project selected under section 182] of any project 
selected under section 602.

           *       *       *       *       *       *       *

          (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a preliminary rating opinion letter under section 
        [182(b)(2)(B)] 602(b)(2)(B), shall determine an 
        appropriate capital reserve subsidy amount for each 
        secured loan, taking into account such letter.
          (4) Investment-grade rating requirement.--The 
        [funding] execution of a secured loan under this 
        section shall be contingent on the project's senior 
        obligations receiving an investment-grade rating[, 
        except that--
                  [(A) the Secretary may fund an amount of the 
                secured loan not to exceed the capital reserve 
                subsidy amount determined under paragraph (3) 
                prior to the obligations receiving an 
                investment-grade rating; and
                  [(B) the Secretary may fund the remaining 
                portion of the secured loan only after the 
                obligations have received an investment-grade 
                rating by at least 1 rating agency].
  (b) Terms and Limitations.--
          (1) * * *
          (2) Maximum amount.--The amount of the secured loan 
        shall not exceed the lesser of 33 percent of the 
        reasonably anticipated eligible project costs or the 
        amount of the senior project obligations.
          (3) Payment.--The secured loan--
                  (A) shall--
                          (i) be payable, in whole or in part, 
                        from tolls, user fees, or other 
                        dedicated revenue sources that also 
                        secure the senior project obligations; 
                        and

           *       *       *       *       *       *       *

          (4) Interest rate.--The interest rate on the secured 
        loan shall be not less than the yield on [marketable] 
        United States Treasury securities of a similar maturity 
        to the maturity of the secured loan on the date of 
        execution of the loan agreement.

           *       *       *       *       *       *       *

          (8) Non-federal share.--The proceeds of a secured 
        loan under [this subchapter] this chapter may be used 
        for any non-Federal share of project costs required 
        under this title or chapter 53 of title 49, if the loan 
        is repayable from non-Federal funds.
  (c) Repayment.--
          (1) * * *

           *       *       *       *       *       *       *

          [(3) Sources of repayment funds.--The sources of 
        funds for scheduled loan repayments under this section 
        shall include tolls, user fees, or other dedicated 
        revenue sources.]
          [(4)] (3) Deferred payments.--
                  (A) * * *

           *       *       *       *       *       *       *

          [(5)] (4) Prepayment.--
                  (A) * * *

           *       *       *       *       *       *       *

Sec. [184] 604. Lines of credit

  (a) In General.--
          (1) Agreements.--Subject to paragraphs (2) through 
        (4), the Secretary may enter into agreements to make 
        available lines of credit to 1 or more obligors in the 
        form of direct loans to be made by the Secretary at 
        future dates on the occurrence of certain events for 
        any project selected under section [182] 602.

           *       *       *       *       *       *       *

          (3) Risk assessment.--Before entering into an 
        agreement under this subsection, the Secretary, in 
        consultation with the Director of the Office of 
        Management and Budget and each rating agency providing 
        a preliminary rating opinion letter under section 
        [182(b)(2)(B)] 602(b)(2)(B), shall determine an 
        appropriate capital reserve subsidy amount for each 
        line of credit, taking into account such letter.

           *       *       *       *       *       *       *

  (b) Terms and Limitations.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Draws.--Any draw on the line of credit shall 
        represent a direct loan and shall be made only if net 
        revenues from the project (including capitalized 
        interest[, any debt service reserve fund, and any other 
        available reserve] but not including reasonably 
        required financing reserves) are insufficient to pay 
        the costs specified in subsection (a)(2).
          (4) Interest rate.--The interest rate on a direct 
        loan resulting from a draw on the line of credit shall 
        be not less than the yield on 30-year [marketable] 
        United States Treasury securities as of the date [on 
        which] of execution of the line of credit [is 
        obligated] agreement.
          (5) Security.--The line of credit--
                  (A) shall--
                          (i) be payable, in whole or in part, 
                        from tolls, user fees, or other 
                        dedicated revenue sources that also 
                        secure the senior project obligations; 
                        and

           *       *       *       *       *       *       *

          (10) Relationship to other credit instruments.--A 
        project that receives a line of credit under this 
        section also shall not receive a secured loan or loan 
        guarantee under section [183] 603 of an amount that, 
        combined with the amount of the line of credit, exceeds 
        33 percent of eligible project costs.
  (c) Repayment.--
          (1) * * *
          (2) Timing.--All [scheduled] repayments of principal 
        or interest on a direct loan under this section shall 
        be scheduled to commence not later than 5 years after 
        the end of the period of availability specified in 
        subsection (b)(6) and [be fully repaid, with interest,] 
        conclude, with full repayment of principal and 
        interest, by the date that is 25 years after the end of 
        the period of availability specified in subsection 
        (b)(6).
          [(3) Sources of repayment funds.--The sources of 
        funds for scheduled loan repayments under this section 
        shall include tolls, user fees, or other dedicated 
        revenue sources.]

[Sec. 185. Project servicing

  [(a) Requirement.--The State in which a project that receives 
financial assistance under this subchapter is located may 
identify a local servicer to assist the Secretary in servicing 
the Federal credit instrument made available under this 
subchapter.
  [(b) Agency; Fees.--If a State identifies a local servicer 
under subsection (a), the local servicer--
          [(1) shall act as the agent for the Secretary; and
          [(2) may receive a servicing fee, subject to approval 
        by the Secretary.
  [(c) Liability.--A local servicer identified under subsection 
(a) shall not be liable for the obligations of the obligor to 
the Secretary or any lender.
  [(d) Assistance From Expert Firms.--The Secretary may retain 
the services of expert firms in the field of municipal and 
project finance to assist in the underwriting and servicing of 
Federal credit instruments.]

Sec. 605. Program Administration

  (a) Requirement.--The Secretary shall establish a uniform 
system to service the Federal credit instrument made available 
under this chapter.
  (b) Fees.--The Secretary may establish fees at a level to 
cover all or a portion of the costs to the Federal Government 
of servicing the Federal credit instrument.
  (c) Services.--The Secretary may identify a financial entity 
to assist the Secretary in servicing a Federal credit 
instrument. The services--
          (1) shall act as the agent for the Secretary; and
          (2) shall receive a servicing fee, subject to 
        approval by the Secretary.
  (d) Assistance From Expert Firms.--The Secretary may retain 
the services of one or more expert firms, including counsel, in 
the field of municipal and project finance to assist in the 
underwriting and servicing of Federal credit instruments.

Sec. [186] 606. State and local permits

  The provision of financial assistance under [this subchapter] 
this chapter with respect to a project shall not--
          (1) * * *

           *       *       *       *       *       *       *

Sec. [187] 607. Regulations

  The Secretary may issue such regulations as the Secretary 
determines appropriate to carry out [this subchapter] this 
chapter.

[Sec. 188. Funding

  [(a) Funding.--
          [(1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this 
        subchapter--
                  [(A) $80,000,000 for fiscal year 1999;
                  [(B) $90,000,000 for fiscal year 2000;
                  [(C) $110,000,000 for fiscal year 2001;
                  [(D) $120,000,000 for fiscal year 2002;
                  [(E) $130,000,000 for fiscal year 2003;
                  [(F) $130,000,000 for fiscal year 2004; and
                  [(G) $86,666,667 for the period of October 1, 
                2004, through May 31, 2005.
          [(2) Administrative costs.--From funds made available 
        under paragraph (1), the Secretary may use, for the 
        administration of this subchapter, not more than 
        $2,000,000 for each of fiscal years 1999 through 2004 
        and $1,333,333 for the period of October 1, 2004, 
        through May 31, 2005.
          [(3) Availability.--Amounts made available under 
        paragraph (1) shall remain available until expended.
  [(b) Contract Authority.--
          [(1) In general.--Notwithstanding any other provision 
        of law, approval by the Secretary of a Federal credit 
        instrument that uses funds made available under this 
        subchapter shall be deemed to be acceptance by the 
        United States of a contractual obligation to fund the 
        Federal credit instrument.
          [(2) Availability.--Amounts authorized under this 
        section for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.
  [(c) Limitations on Credit Amounts.--For each of fiscal years 
1999 through 2005, principal amounts of Federal credit 
instruments made available under this subchapter shall be 
limited to the amounts specified in the following table:

------------------------------------------------------------------------
                       [Maximum amount of credit:
-------------------------------------------------------------------------
$1,600,000,000
$1,800,000,000
$2,200,000,000
$2,400,000,000
$2,600,000,000
$2,600,000,000
$1,733,333,333.
------------------------------------------------------------------------

[Sec. 189. Report to Congress

  [Not later than 4 years after the date of enactment of this 
subchapter, the Secretary shall submit to Congress a report 
summarizing the financial performance of the projects that are 
receiving, or have received, assistance under this subchapter, 
including a recommendation as to whether the objectives of this 
subchapter are best served--
          [(1) by continuing the program under the authority of 
        the Secretary;
          [(2) by establishing a Government corporation or 
        Government-sponsored enterprise to administer the 
        program; or
          [(3) by phasing out the program and relying on the 
        capital markets to fund the types of infrastructure 
        investments assisted by this subchapter without Federal 
        participation.]

Sec. 608. Funding

  (a) Funding.--
          (1) In general.--There are authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) $130,000,000 for fiscal year 
        2004 and $140,000,000 for each of fiscal years 2005 
        through 2009 to carry out this chapter.
          (2) Administrative costs.--From funds made available 
        under paragraph (1), the Secretary may use, for the 
        administration of chapter, not more than $3,000,000 for 
        each of fiscal years 2004 through 2009.
          (3) Availability.--Amounts made available under 
        paragraph (1) shall remain available until expended.
  (b) Contract Authority.--
          (1) In general.--Notwithstanding any other provision 
        of law, approval by the Secretary of a Federal credit 
        instrument that uses funds made available under this 
        chapter shall be deemed to be acceptance by the United 
        States of a contractual obligation to fund the Federal 
        credit instrument.
          (2) Availability.--Amounts authorized under this 
        section for a fiscal year shall be available for 
        obligation on October 1 of the fiscal year.
  (c) Limitations on Credit Amounts.--For each of fiscal years 
2004 through 2009, principal amounts of Federal credit 
instruments made available under this chapter shall be limited 
to $2,600,000,000.

Sec. 609. State infrastructure bank program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Capital project.--The term ``capital project'' 
        has the meaning such term has under section 5302 of 
        title 49, United States Code.
          (2) Other forms of credit assistance.--The term 
        ``other forms of credit assistance'' includes any use 
        of funds in an infrastructure bank--
                  (A) to provide credit enhancements;
                  (B) to serve as a capital reserve for bond or 
                debt instrument financing;
                  (C) to subsidize interest rates;
                  (D) to insure or guarantee letters of credit 
                and credit instruments against credit risk of 
                loss;
                  (E) to finance purchase and lease agreements 
                with respect to transit projects;
                  (F) to provide bond or debt financing 
                instrument security; and
                  (G) to provide other forms of debt financing 
                and methods of leveraging funds that are 
                approved by the Secretary and that relate to 
                the project with respect to which such 
                assistance is being provided.
          (3) State.--The term ``State'' has the meaning such 
        term has under section 401 of this title.
          (4) Capitalization.--The term ``capitalization'' 
        means the process used for depositing funds as initial 
        capital into a State infrastructure bank to establish 
        the infrastructure bank.
          (5) Cooperative agreement.--The term ``cooperative 
        agreement'' means written consent between a State and 
        the Secretary which sets forth the manner in which the 
        infrastructure bank established by the State in 
        accordance with this section will be administered.
          (6) Loan.--The term ``loan'' means any form of direct 
        financial assistance from a State infrastructure bank 
        that is required to be repaid over a period of time and 
        that is provided to a project sponsor for all or part 
        of the costs of the project.
          (7) Guarantee.--The term ``guarantee'' means a 
        contract entered into by a State infrastructure bank in 
        which the bank agrees to take responsibility for all or 
        a portion of a project sponsor's financial obligations 
        for a project under specified conditions.
          (8) Initial assistance.--The term ``initial 
        assistance'' means the first round of funds that are 
        loaned or used for credit enhancement by a State 
        infrastructure bank for projects eligible for 
        assistance under this section.
          (9) Leverage.--The term ``leverage'' means a 
        financial structure used to increase funds in a State 
        infrastructure bank through the issuance of debt 
        instruments.
          (10) Leveraged.--The term ``leveraged'', as used with 
        respect to a State infrastructure bank, means that the 
        bank has total potential liabilities that exceed the 
        capital of the bank.
  (b) Cooperative Agreements.--Subject to the provisions of 
this section, the Secretary may enter into cooperative 
agreements with States for the establishment of State 
infrastructure banks for making loans and providing other forms 
of credit assistance to public and private entities carrying 
out or proposing to carry out projects eligible for assistance 
under this section.
  (c) Interstate Compacts.--
          (1) In general.--Congress grants consent to 2 or more 
        of the States, entering into a cooperative agreement 
        under subsection (a) with the Secretary for the 
        establishment by such States of a multi-State 
        infrastructure bank in accordance with this section, to 
        enter into an interstate compact establishing such bank 
        in accordance with this section.
          (2) Reservation of rights.--The right to alter, amend 
        or repeal interstate compacts entered into under this 
        subsection is expressly reserved.
  (d) Funding.--
          (1) Highway account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank to deposit into the highway 
        account of the bank not to exceed--
                  (A) 10 percent of the funds apportioned to 
                the State for each of fiscal years 2005 through 
                2009 under each of sections 104(b)(1), 
                104(b)(3), 104(b)(4), and 144; and
                  (B) 10 percent of the funds allocated to the 
                State for each of such fiscal years under 
                section 105.
          (2) Transit account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under section 5307, 5309, or 5311 of 
        title 49, to deposit into the transit account of the 
        bank not to exceed 10 percent of the funds made 
        available to the State or other recipient in each of 
        fiscal years 2005 through 2009 for capital projects 
        under each of such sections.
          (3) Rail account.--Subject to subsection (j), the 
        Secretary may permit a State entering into a 
        cooperative agreement under this section to establish a 
        State infrastructure bank, and any other recipient of 
        Federal assistance under subtitle V of title 49, to 
        deposit into the rail account of the bank funds made 
        available to the State or other recipient in each of 
        fiscal years 2005 through 2009 for capital projects 
        under such subtitle.
          (4) Capital grants.--
                  (A) Highway account.--Federal funds deposited 
                into a highway account of a State 
                infrastructure bank under paragraph (1) shall 
                constitute for purposes of this section a 
                capitalization grant for the highway account of 
                the bank.
                  (B) Transit account.--Federal funds deposited 
                into a transit account of a State 
                infrastructure bank under paragraph (2) shall 
                constitute for purposes of this section a 
                capitalization grant for the transit account of 
                the bank.
                  (C) Rail account.--Federal funds deposited 
                into a rail account of a State infrastructure 
                bank under paragraph 3 shall constitute for 
                purposes of this section a capitalization grant 
                for the rail account of the bank.
          (5) Special rule for urbanized areas of over 
        200,000.--Funds in a State infrastructure bank that are 
        attributed to urbanized areas of a State with urbanized 
        populations of over 200,000 under section 133(d)(3) may 
        be used to provide assistance with respect to a project 
        only if the metropolitan planning organization 
        designated for such area concurs, in writing, with the 
        provision of such assistance.
          (6) Discontinuance of funding.--If the Secretary 
        determines that a State is not implementing the State's 
        infrastructure bank in accordance with a cooperative 
        agreement entered into under subsection (b), the 
        Secretary may prohibit the State from contributing 
        additional Federal funds to the bank.
  (e) Forms of Assistance From Infrastructure Banks.--An 
infrastructure bank established under this section may make 
loans or provide other forms of credit assistance to a public 
or private entity in an amount equal to all or a part of the 
cost of carrying out a project eligible for assistance under 
this section. The amount of any loan or other form of credit 
assistance provided for the project may be subordinated to any 
other debt financing for the project. Initial assistance 
provided with respect to a project from Federal funds deposited 
into an infrastructure bank under this section may not be made 
in the form of a grant.
  (f) Eligible Projects.--Subject to subsection (e), funds in 
an infrastructure bank established under this section may be 
used only to provide assistance for projects eligible for 
assistance under this title and capital projects defined in 
section 5302 of title 49, and any other projects related to 
surface transportation that the Secretary determines to be 
appropriate.
  (g) Infrastructure Bank Requirements.--In order to establish 
an infrastructure bank under this section, the State 
establishing the bank shall--
          (1) deposit in cash, at a minimum, into each account 
        of the bank from non-Federal sources an amount equal to 
        25 percent of the amount of each capitalization grant 
        made to the State and deposited into such account; 
        except that, if the deposit is into the highway account 
        of the bank and the State has a non-Federal share under 
        section 120(b) that is less than 25 percent, the 
        percentage to be deposited from non-Federal sources 
        shall be the lower percentage of such grant;
          (2) ensure that the bank maintains on a continuing 
        basis an investment grade rating on its debt, or has a 
        sufficient level of bond or debt financing instrument 
        insurance, to maintain the viability of the bank;
          (3) ensure that investment income derived from funds 
        deposited to an account of the bank are--
                  (A) credited to the account;
                  (B) available for use in providing loans and 
                other forms of credit assistance to projects 
                eligible for assistance from the account; and
                  (C) invested in United States Treasury 
                securities, bank deposits, or such other 
                financing instruments as the Secretary may 
                approve to earn interest to enhance the 
                leveraging of projects assisted by the bank;
          (4) ensure that any loan from the bank will bear 
        interest at or below market interest rates, as 
        determined by the State, to make the project that is 
        the subject of the loan feasible;
          (5) ensure that repayment of any loan from the bank 
        will commence not later than 5 years after the project 
        has been completed or, in the case of a highway 
        project, the facility has opened to traffic, whichever 
        is later;
          (6) ensure that the term for repaying any loan will 
        not exceed 30 years after the date of the first payment 
        on the loan; and
          (7) require the bank to make an annual report to the 
        Secretary on its status no later than September 30 of 
        each year and such other reports as the Secretary may 
        require under guidelines issued to carry out this 
        section.
  (h) Applicability of Federal Law.--
          (1) In general.--The requirements of this title and 
        title 49 that would otherwise apply to funds made 
        available under this title or such title and projects 
        assisted with those funds shall apply to--
                  (A) funds made available under this title or 
                such title and contributed to an infrastructure 
                bank established under this section, including 
                the non-Federal contribution required under 
                subsection (g); and
                  (B) projects assisted by the bank through the 
                use of the funds;
        except to the extent that the Secretary determines that 
        any requirement of such title (other than sections 113 
        and 114 of this title and section 5333 of title 49), is 
        not consistent with the objectives of this section.
          (2) Repayments.--The requirements of this title and 
        title 49 shall apply to repayments from non-Federal 
        sources to an infrastructure bank from projects 
        assisted by the bank. Such a repayment shall be 
        considered to be Federal funds.
  (i) United States not Obligated.--The deposit of Federal 
funds into an infrastructure bank established under this 
section shall not be construed as a commitment, guarantee, or 
obligation on the part of the United States to any third party, 
nor shall any third party have any right against the United 
States for payment solely by virtue of the contribution. Any 
security or debt-financing instrument issued by the 
infrastructure bank shall expressly state that the security or 
instrument does not constitute a commitment, guarantee, or 
obligation of the United States.
  (j) Management of Federal Funds.--Sections 3335 and 6503 of 
title 31, shall not apply to funds deposited into an 
infrastructure bank under this section.
  (k) Program Administration.--For each of fiscal years 2005 
through 2009, a State may expend not to exceed 2 percent of the 
Federal funds contributed to an infrastructure bank established 
by the State under this section to pay the reasonable costs of 
administering the bank.

           *       *       *       *       *       *       *

                              ----------                              

             TRANSPORTATION EQUITY ACT FOR THE 21st CENTURY

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a)  * * *
  (b) Table of Contents.--The table of contents of this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

           TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

Sec. 3001. Short title.
     * * * * * * *
[Sec. 3038. Rural transportation accessibility incentive program.]
Sec. 3038. Over-the-road bus accessibility program.

           *       *       *       *       *       *       *

TITLE I--FEDERAL-AID HIGHWAYS

           *       *       *       *       *       *       *

Subtitle B--General Provisions

           *       *       *       *       *       *       *

SEC. 1212. MISCELLANEOUS.

  (a) * * *

           *       *       *       *       *       *       *

  (i) Bicycle and Pedestrian Safety Grants.--
          (1) In general.--The Secretary shall make grants to a 
        national, not-for-profit organization engaged in 
        promoting bicycle and pedestrian safety--
                  (A) * * *

           *       *       *       *       *       *       *

          [(D)] (2) Authorization of appropriations.--There is 
        authorized to be appropriated out of the Highway Trust 
        Fund (other than the Mass Transit Account) to carry out 
        this subsection $500,000 for each of fiscal years 1998 
        through 2004 and $333,333 for the period of October 1, 
        2004, through May 31, 2005.
          [(E)] (3) Applicability of title 23.--Funds 
        authorized by this subsection shall be available for 
        obligation in the same manner as if such funds were 
        apportioned under chapter 1 of title 23, United States 
        Code, except that the funds shall remain available 
        until expended.

           *       *       *       *       *       *       *

SEC. 1214. FEDERAL ACTIVITIES.

  (a) * * *

           *       *       *       *       *       *       *

  (r) Puerto Rico Highway Program.--
          (1) In general.--The Secretary shall allocate funds 
        authorized by section [1101(a)(15) for each of fiscal 
        years 1998 through 2005] 1101(a)(24) for each of fiscal 
        years 2004 through 2009 of the Transportation Equity 
        Act: A Legacy for Users to the Commonwealth of Puerto 
        Rico to carry out a highway program in such 
        Commonwealth.
          (2) Applicability of title 23.--Amounts made 
        available by section [1101(a)(15) of this Act] 
        1101(a)(24) of the Transportation Equity Act: A Legacy 
        for Users shall be available for obligation in the same 
        manner as if such funds were apportioned under chapter 
        1 of title 23, United States Code. Such amounts shall 
        be subject to any limitation on obligations for 
        Federal-aid highway and highway safety construction 
        programs.

           *       *       *       *       *       *       *

SEC. 1216. INNOVATIVE SURFACE TRANSPORTATION FINANCING METHODS.

  (a) * * *
  [(b) Interstate System Reconstruction and Rehabilitation 
Pilot Program.--
          [(1) Establishment.--The Secretary shall establish 
        and implement an Interstate System reconstruction and 
        rehabilitation pilot program under which the Secretary, 
        notwithstanding sections 129 and 301 of title 23, 
        United States Code, may permit a State to collect tolls 
        on a highway, bridge, or tunnel on the Interstate 
        System for the purpose of reconstructing and 
        rehabilitating Interstate highway corridors that could 
        not otherwise be adequately maintained or functionally 
        improved without the collection of tolls.
          [(2) Limitation on number of facilities.--The 
        Secretary may permit the collection of tolls under this 
        subsection on 3 facilities on the Interstate System. 
        Each of such facilities shall be located in a different 
        State.
          [(3) Eligibility.--To be eligible to participate in 
        the pilot program, a State shall submit to the 
        Secretary an application that contains, at a minimum, 
        the following:
                  [(A) An identification of the facility on the 
                Interstate System proposed to be a toll 
                facility, including the age, condition, and 
                intensity of use of the facility.
                  [(B) In the case of a facility that affects a 
                metropolitan area, an assurance that the 
                metropolitan planning organization established 
                under section 134 of title 23, United States 
                Code, for the area has been consulted 
                concerning the placement and amount of tolls on 
                the facility.
                  [(C) An analysis demonstrating that the 
                facility could not be maintained or improved to 
                meet current or future needs from the State's 
                apportionments and allocations made available 
                by this Act (including amendments made by this 
                Act) and from revenues for highways from any 
                other source without toll revenues.
                  [(D) A facility management plan that 
                includes--
                          [(i) a plan for implementing the 
                        imposition of tolls on the facility;
                          [(ii) a schedule and finance plan for 
                        the reconstruction or rehabilitation of 
                        the facility using toll revenues;
                          [(iii) a description of the public 
                        transportation agency that will be 
                        responsible for implementation and 
                        administration of the pilot program;
                          [(iv) a description of whether 
                        consideration will be given to 
                        privatizing the maintenance and 
                        operational aspects of the facility, 
                        while retaining legal and 
                        administrative control of the portion 
                        of the Interstate route; and
                          [(v) such other information as the 
                        Secretary may require.
          [(4) Selection criteria.--The Secretary may approve 
        the application of a State under paragraph (3) only if 
        the Secretary determines that--
                  [(A) the State is unable to reconstruct or 
                rehabilitate the proposed toll facility using 
                existing apportionments;
                  [(B) the facility has a sufficient intensity 
                of use, age, or condition to warrant the 
                collection of tolls;
                  [(C) the State plan for implementing tolls on 
                the facility takes into account the interests 
                of local, regional, and interstate travelers;
                  [(D) the State plan for reconstruction or 
                rehabilitation of the facility using toll 
                revenues is reasonable; and
                  [(E) the State has given preference to the 
                use of a public toll agency with demonstrated 
                capability to build, operate, and maintain a 
                toll expressway system meeting criteria for the 
                Interstate System.
          [(5) Limitations on use of revenues; audits.--Before 
        the Secretary may permit a State to participate in the 
        pilot program, the State must enter into an agreement 
        with the Secretary that provides that--
                  [(A) all toll revenues received from 
                operation of the toll facility will be used 
                only for--
                          [(i) debt service;
                          [(ii) reasonable return on investment 
                        of any private person financing the 
                        project; and
                          [(iii) any costs necessary for the 
                        improvement of and the proper operation 
                        and maintenance of the toll facility, 
                        including reconstruction, resurfacing, 
                        restoration, and rehabilitation of the 
                        toll facility; and
                  [(B) regular audits will be conducted to 
                ensure compliance with subparagraph (A) and the 
                results of such audits will be transmitted to 
                the Secretary.
          [(6) Limitation on use of interstate maintenance 
        funds.--During the term of the pilot program, funds 
        apportioned for Interstate maintenance under section 
        104(b)(4) of title 23, United States Code, may not be 
        used on a facility for which tolls are being collected 
        under the program.
          [(7) Program term.--The Secretary shall conduct the 
        pilot program under this subsection for a term to be 
        determined by the Secretary, but not less than 10 
        years.
          [(8) Interstate system defined.--In this subsection, 
        the term ``Interstate System'' has the meaning such 
        term has under section 101 of title 23, United States 
        Code.]

           *       *       *       *       *       *       *

SEC. 1221. TRANSPORTATION AND COMMUNITY AND SYSTEM PRESERVATION PILOT 
                    PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  (e) Funding.--
          (1) In general.--There is authorized to be 
        appropriated from the Highway Trust Fund (other than 
        the Mass Transit Account) to carry out this section 
        $20,000,000 for fiscal year 1999 [and], $25,000,000 for 
        each of fiscal years 2000 through 2003 and [2004 and 
        $16,666,667 for the period of October 1, 2004, through 
        May 31, 2005], and $25,000,000 for fiscal year 2004, 
        $30,000,000 for fiscal year 2005, $35,000,000 for 
        fiscal year 2006, $35,000,000 for fiscal year 2007, and 
        $35,000,000 for each of fiscal years 2008 and 2009.
          (2) Contract authority.--Funds authorized under this 
        subsection shall be available for obligation in the 
        same manner as if the funds were apportioned under 
        chapter 1 of title 23, United States Code; except that 
        such funds shall not be transferable and the Federal 
        share for projects and activities carried out with such 
        funds shall be determined in accordance with section 
        120(b) of title 23, United States Code.
  (f) Planning Activities Pilot Program.--
          (1) In general.--The Secretary shall establish a 
        pilot program using funds set aside under paragraph (4) 
        to support planning and public participation activities 
        related to highway and public transportation projects.
          (2) Eligible activities.--Activities eligible to be 
        carried out under the pilot program may include the 
        following:
                  (A) Improving data collection and analysis to 
                improve freight movement, intermodal 
                connections, and transportation access and 
                efficiency for all users, including children, 
                older individuals, individuals with 
                disabilities, low-income individuals, and 
                minority communities.
                  (B) Supporting public participation by 
                holding public meetings using an interactive 
                workshop format facilitated by design or 
                planning experts (or both) to consider public 
                input at the initial stages of project 
                development and during other phases of a 
                project.
                  (C) Using innovative planning or design 
                visualization and simulation tools to improve 
                the evaluation of alternatives and their 
                impacts and to enhance public participation in 
                the transportation planning process, including 
                tools having a structure that enables 
                modifications to scenarios and assumptions in 
                real time.
                  (D) Enhancing coordination among 
                transportation, land use, workforce 
                development, human service, economic 
                development, and other agencies to strengthen 
                access to job training services, daycare 
                centers, health care facilities, senior 
                centers, public schools, universities, and 
                residential areas, including the use of 
                integrated planning and service delivery, 
                especially for transit dependent and low-income 
                individuals.
                  (E) Contracting with nonprofit organizations, 
                universities, and local agencies to deliver 
                community-oriented transportation plans and 
                projects, including public outreach, context 
                sensitive design, transit-oriented development, 
                multimodal corridor investments, commuter 
                benefits deployment, and brownfield 
                redevelopment.
                  (F) Measuring and reporting on the annual 
                performance of the transportation system (or 
                parts of) relative to State or locally-
                established criteria regarding--
                          (i) maintenance and operating costs 
                        of the transportation system, vehicle 
                        miles traveled, peak-period travel 
                        times, transportation choices, and mode 
                        shares;
                          (ii) location of housing units, jobs, 
                        medical facilities, and commercial 
                        centers to transit;
                          (iii) improvements directed to low-
                        income families and older individuals;
                          (iv) transportation-related pollution 
                        emissions into the air and water;
                          (v) land consumption; and
                          (vi) other locally-significant 
                        factors.
                  (G) Improving regional travel and emission 
                modeling to examine factors not currently 
                considered, such as induced travel and land use 
                effects of transportation alternatives, types 
                of vehicles owned and used by households, time-
                of-day of travel and linkage of trips to each 
                other throughout the day, effects of urban 
                design and pedestrian and bicycle environment 
                on travel behavior, and impacts of alternatives 
                on the distribution of benefits and burdens 
                among various groups protected under title VI 
                of the Civil Rights Act of 1964 (42 U.S.C. 
                2000d et seq.).
          (3) Federal share.--Notwithstanding subsection 
        (e)(2), the Federal share of the cost of activities 
        carried out under the pilot program shall be 100 
        percent.
          (4) Set aside.--The Secretary shall make available 
        $1,500,000 of the amounts made available to carry out 
        this section for each of fiscal years 2005 through 2009 
        to carry out the pilot program under this subsection.

           *       *       *       *       *       *       *

Subtitle F--High Priority Projects

           *       *       *       *       *       *       *

SEC. 1602. PROJECT AUTHORIZATIONS.

  Subject to section 117 of title 23, United States Code, the 
amount listed for each high priority project in the following 
table shall be available (from amounts made available by 
section 1101(a)(13) of the Transportation Equity Act for the 
21st Century) for fiscal years 1998 through 2003 to carry out 
each such project:
      

------------------------------------------------------------------------
                                                                (Dollars
 No.                State                Project description       in
                                                               millions)
------------------------------------------------------------------------
   1. Georgia                         I-75 advanced                1.7
                                       transportation
                                       management system in
                                       Cobb County.........
         *         *         *         *         *         *         *
  35. California                      Construct San Diego           10
                                       and Arizona Eastern
                                       Intermodal Yard and
                                       for other related
                                       purposes, San Ysidro
         *         *         *         *         *         *         *
  78. California                      Construct [Third           9.375
                                       Street South Bay
                                       Basin Bridge]
                                       Bayview
                                       Transportation
                                       Improvements
                                       Project, San
                                       Francisco...........
         *         *         *         *         *         *         *
 312. Pennsylvania                    Conduct preliminary          1.5
                                       engineering through
                                       construction on the
                                       relocation of exits
                                       4 and 5 on I-83 in
                                       York County.........
         *         *         *         *         *         *         *
 800. Pennsylvania                    Improve ramp                   3
                                       junctions at
                                       intersection of SR
                                       114 and Interstate
                                       83, [Fairview
                                       Township] or other
                                       projects selected by
                                       the York County,
                                       Pennsylvania MPO....
         *         *         *         *         *         *         *
 820. Michigan                        [Conduct preliminary       1.125
                                       engineering, acquire
                                       right-of-way and
                                       construct I-75/North
                                       Down River Road
                                       interchange] Conduct
                                       a transportation
                                       needs study and make
                                       improvements to I-75
                                       interchanges in the
                                       Grayling area.......
         *         *         *         *         *         *         *
 897. Illinois                        [Road upgrade and          1.125
                                       access road near the
                                       intersection of I-80
                                       and I-57 in Country
                                       Club Hills]
                                       Engineering and
                                       construction of a
                                       new access road to a
                                       development near
                                       Interstate 57 and
                                       167th Street in
                                       Country Club Hills,
                                       Illinois............
         *         *         *         *         *         *         *
1121. New York                        [Construct sound           0.375
                                       barriers on Grand
                                       Central Parkway
                                       between 244th Street
                                       and Douglaston
                                       Parkway] Provide
                                       landscaping along
                                       both sides of the
                                       Grand Central
                                       Parkway from 188th
                                       Street to 172nd
                                       Street..............
         *         *         *         *         *         *         *
1225. Indiana                         [Construct SR 9           2.3625
                                       bypass] Study,
                                       design, and
                                       construct
                                       transportation
                                       solutions for SR 9
                                       corridor in
                                       Greenfield..........
         *         *         *         *         *         *         *
1375. Michigan                        [Preliminary               1.125
                                       engineering and
                                       right-of-way
                                       acquisition for
                                       ``Intertown South''
                                       route of U.S. 31
                                       bypass, Emmet
                                       County] Petoskey
                                       area transportation
                                       needs study and
                                       trunkline
                                       preservation and
                                       safety in the
                                       Petoskey area.......
         *         *         *         *         *         *         *
1392. Pennsylvania                    [Construct Towamencin       2.61
                                       Township multimodal
                                       center] Improve the
                                       ramp configuration
                                       at the I-476 PA
                                       Turnpike Landsdale
                                       Interchange.........
         *         *         *         *         *         *         *
1447. Indiana                         [Extend SR 149                 3
                                       between SR 130 to
                                       U.S. Route 30,
                                       Valparaiso] Design
                                       and construction of
                                       interchange at I-65
                                       and 109th Avenue,
                                       Crown Point.........
         *         *         *         *         *         *         *
------------------------------------------------------------------------

          * * * * * * *

TITLE III--FEDERAL TRANSIT ADMINISTRATION PROGRAMS

           *       *       *       *       *       *       *

[SEC. 3037. JOB ACCESS AND REVERSE COMMUTE GRANTS.

  [(a) Findings.--Congress finds that--
          [(1) two-thirds of all new jobs are in the suburbs, 
        whereas three-quarters of welfare recipients live in 
        rural areas or central cities;
          [(2) even in metropolitan areas with excellent public 
        transit systems, less than half of the jobs are 
        accessible by transit;
          [(3) in 1991, the median price of a new car was 
        equivalent to 25 weeks of salary for the average 
        worker, and considerably more for the low-income 
        worker;
          [(4) not less than 9,000,000 households and 
        10,000,000 Americans of driving age, most of whom are 
        low-income workers, do not own cars;
          [(5) 94 percent of welfare recipients do not own 
        cars;
          [(6) nearly 40 percent of workers with annual incomes 
        below $10,000 do not commute by car;
          [(7) many of the 2,000,000 Americans who will have 
        their Temporary Assistance to Needy Families grants 
        (under the State program funded under part A of title 
        IV of the Social Security Act (42 U.S.C. 601 et seq.)) 
        terminated by the year 2002 will be unable to get to 
        jobs they could otherwise hold;
          [(8) increasing the transit options for low-income 
        workers, especially those who are receiving or who have 
        recently received welfare benefits, will increase the 
        likelihood of those workers getting and keeping jobs; 
        and
          [(9) many residents of cities and rural areas would 
        like to take advantage of mass transit to gain access 
        to suburban employment opportunities.
  [(b) Definitions.--In this section, the following definitions 
shall apply:
          [(1) Eligible low-income individual.--The term 
        ``eligible low-income individual'' means an individual 
        whose family income is at or below 150 percent of the 
        poverty line (as that term is defined in section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 
        9902(2)), including any revision required by that 
        section) for a family of the size involved.
          [(2) Eligible project and related terms.--
                  [(A) In general.--The term ``eligible 
                project'' means an access to jobs project or a 
                reverse commute project.
                  [(B) Access to jobs project.--The term 
                ``access to jobs project'' means a project 
                relating to the development of transportation 
                services designed to transport welfare 
                recipients and eligible low-income individuals 
                to and from jobs and activities related to 
                their employment. The Secretary may make access 
                to jobs grants for--
                          [(i) capital projects and to finance 
                        operating costs of equipment, 
                        facilities, and associated capital 
                        maintenance items related to providing 
                        access to jobs under this section;
                          [(ii) promoting the use of transit by 
                        workers with nontraditional work 
                        schedules;
                          [(iii) promoting the use by 
                        appropriate agencies of transit 
                        vouchers for welfare recipients and 
                        eligible low-income individuals under 
                        specific terms and conditions developed 
                        by the Secretary; and
                          [(iv) promoting the use of employer-
                        provided transportation, including the 
                        transit pass benefit program under 
                        section 132 of the Internal Revenue 
                        Code of 1986.
                  [(C) Reverse commute project.--The term 
                ``reverse commute project'' means a project 
                related to the development of transportation 
                services designed to transport residents of 
                urban areas, urbanized areas, and areas other 
                than urbanized areas to suburban employment 
                opportunities, including any project to--
                          [(i) subsidize the costs associated 
                        with adding reverse commute bus, train, 
                        carpool, van routes, or service from 
                        urban areas, urbanized areas, and areas 
                        other than urbanized areas, to suburban 
                        workplaces;
                          [(ii) subsidize the purchase or lease 
                        by a nonprofit organization or public 
                        agency of a van or bus dedicated to 
                        shuttling employees from their 
                        residences to a suburban workplace; or
                          [(iii) otherwise facilitate the 
                        provision of mass transportation 
                        services to suburban employment 
                        opportunities.
          [(3) Existing transportation service providers.--The 
        term ``existing transportation service providers'' 
        means mass transportation operators and governmental 
        agencies and nonprofit organizations that receive 
        assistance from Federal, State, or local sources for 
        nonemergency transportation services.
          [(4) Qualified entity.--The term ``qualified entity'' 
        means--
                  [(A) with respect to any proposed eligible 
                project in an urbanized area with a population 
                of at least 200,000, the applicant or 
                applicants selected by the appropriate 
                metropolitan planning organization that meets 
                the requirements of this section, including the 
                planning and coordination requirements in 
                subsection (i), from among designated 
                recipients under section 5307(a)(2) of title 
                49, United States Code, local governmental 
                authorities and agencies, and nonprofit 
                organizations; and
                  [(B) with respect to any proposed eligible 
                project in an urbanized area with a population 
                of less than 200,000, or an area other than an 
                urbanized area, the applicant or applicants 
                selected by the chief executive officer of the 
                State in which the area is located that meets 
                the requirements of this section, including the 
                planning and coordination requirements in 
                subsection (i), from among designated 
                recipients under section 5307(a)(2) of title 
                49, United States Code, local governmental 
                authorities and agencies, and nonprofit 
                organizations.
          [(5) Welfare recipient.--The term ``welfare 
        recipient'' means an individual who receives or 
        received aid or assistance under a State program funded 
        under part A of title IV of the Social Security Act 
        (whether in effect before or after the effective date 
        of the amendments made by title I of the Personal 
        Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (Public Law 104-193; 110 Stat. 2110)) at any 
        time during the 3-year period before the date on which 
        the applicant applies for a grant under this section.
  [(c) General Authority.--
          [(1) In general.--The Secretary may make access to 
        jobs grants and reverse commute grants under this 
        section to assist qualified entities in financing 
        eligible projects.
          [(2) Coordination.--The Secretary shall coordinate 
        activities under this section with related activities 
        under programs of other Federal departments and 
        agencies.
  [(d) Applications.--Each qualified entity seeking to receive 
a grant under this section for an eligible project shall submit 
to the Secretary an application in such form and in accordance 
with such requirements as the Secretary shall establish.
  [(e) Prohibition.--Grants awarded under this section may not 
be used for planning or coordination activities.
  [(f) Factors for Consideration.--In awarding grants under 
this section to applicants under subsection (d), the Secretary 
shall consider--
          [(1) the percentage of the population in the area to 
        be served by the applicant that are welfare recipients;
          [(2) in the case of an applicant seeking assistance 
        to finance an access to jobs project, the need for 
        additional services (including bicycling) in the area 
        to be served by the applicant to transport welfare 
        recipients and eligible low-income individuals to and 
        from specified jobs, training, and other employment 
        support services, and the extent to which the proposed 
        services will address those needs;
          [(3) the extent to which the applicant demonstrates--
                  [(A) coordination with, and the financial 
                commitment of, existing transportation service 
                providers; and
                  [(B) coordination with the State agency that 
                administers the State program funded under part 
                A of title IV of the Social Security Act;
          [(4) the extent to which the applicant demonstrates 
        maximum utilization of existing transportation service 
        providers and expands transit networks or hours of 
        service, or both;
          [(5) the extent to which the applicant demonstrates 
        an innovative approach that is responsive to identified 
        service needs;
          [(6) the extent to which the applicant--
                  [(A) in the case of an applicant seeking 
                assistance to finance an access to jobs 
                project, presents a regional transportation 
                plan for addressing the transportation needs of 
                welfare recipients and eligible low-income 
                individuals; and
                  [(B) identifies long-term financing 
                strategies to support the services under this 
                section;
          [(7) the extent to which the applicant demonstrates 
        that the community to be served has been consulted in 
        the planning process; and
          [(8) in the case of an applicant seeking assistance 
        to finance a reverse commute project, the need for 
        additional services identified in a regional 
        transportation plan to transport individuals to 
        suburban employment opportunities, and the extent to 
        which the proposed services will address those needs.
  [(g) Competitive Grant Selection.--The Secretary shall 
conduct a national solicitation for applications for grants 
under this section. Grantees shall be selected on a competitive 
basis.
  [(h) Cost Sharing.--
          [(1) Maximum amount.--The amount of a grant under 
        this section may not exceed 50 percent of the total 
        project cost.
          [(2) Nongovernmental share.--
                  [(A) In general.--The portion of the total 
                cost of an eligible project that is not funded 
                under this section--
                          [(i) shall be provided in cash from 
                        sources other than revenues from 
                        providing mass transportation, but may 
                        include amounts received under a 
                        service agreement; and
                          [(ii) may be derived from amounts 
                        appropriated to or made available to a 
                        department or agency of the Federal 
                        Government (other than the Department 
                        of Transportation) that are eligible to 
                        be expended for transportation.
                  [(B) Inapplicability.--For purposes of 
                subparagraph (A)(ii), the prohibitions on the 
                use of funds for matching requirements under 
                section 403(a)(5)(C)(vi) of the Social Security 
                Act shall not apply to Federal or State funds 
                to be used for transportation services.
  [(i) Planning Requirements.--
          [(1) In general.--The requirements of sections 5303 
        through 5306 of title 49, United States Code, apply to 
        any grant made under this section.
          [(2) Coordination.--Each application for a grant 
        under this section shall reflect coordination with and 
        the approval of affected transit grant recipients. The 
        eligible access to jobs projects financed under this 
        section shall be part of a coordinated public transit-
        human services transportation planning process.
  [(j) Grant Requirements.--A grant under this section shall be 
subject to--
          [(1) all of the terms and conditions to which a grant 
        made under section 5307 of title 49, United States 
        Code, is subject; and
          [(2) such other terms and conditions as are 
        determined by the Secretary.
  [(k) Program Evaluation.--
          [(1) Comptroller general.--Beginning 6 months after 
        the date of enactment of this Act, and every 6 months 
        thereafter, the Comptroller General of the United 
        States shall--
                  [(A) conduct a study to evaluate the grant 
                program authorized under this section; and
                  [(B) submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs of the 
                Senate a report describing the results of each 
                study under subparagraph (A).
          [(2) Department of transportation.--Not later than 2 
        years after the date of enactment of this Act, the 
        Secretary shall--
                  [(A) conduct a study to evaluate the access 
                to jobs grant program authorized under this 
                section; and
                  [(B) submit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs of the 
                Senate a report describing the results of the 
                study under subparagraph (A).
  [(l) Authorization and Allocation.--
          [(1) In general.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out this section--
                          [(i) $40,000,000 for fiscal year 
                        1999;
                          [(ii) $60,000,000 for fiscal year 
                        2000;
                          [(iii) $80,000,000 for fiscal year 
                        2001;
                          [(iv) $100,000,000 for fiscal year 
                        2002;
                          [(v) $120,000,000 for fiscal year 
                        2003;
                          [(vi) $100,000,000 for fiscal year 
                        2004; and
                          [(vii) $80,000,000 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out this section--
                          [(i) $10,000,000 for fiscal year 
                        1999;
                          [(ii) $15,000,000 for fiscal year 
                        2000;
                          [(iii) $20,000,000 for fiscal year 
                        2001;
                          [(iv) $25,000,000 for fiscal year 
                        2002;
                          [(v) $30,000,000 for fiscal year 
                        2003;
                          [(vi) $25,000,000 for fiscal year 
                        2004; and
                          [(vii) $20,000,000 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(C) Additional amounts.--In addition to 
                amounts made available under subparagraphs (A) 
                and (B)under the Transportation Discretionary 
                Spending Guarantee for the Mass Transit 
                Category, there are authorized to be 
                appropriated to carry out this section--
                          [(i) $100,000,000 for fiscal year 
                        1999;
                          [(ii) $75,000,000 for fiscal year 
                        2000;
                          [(iii) $50,000,000 for fiscal year 
                        2001; and
                          [(iv) $25,000,000 for fiscal year 
                        2002.
          [(2) Set-aside for reverse commute projects.--Of 
        amounts made available by or appropriated under 
        subparagraphs (A) and (B) of paragraph (1) to carry out 
        this section in each fiscal year, not more than 
        $10,000,000 shall be used for grants for reverse 
        commute projects; except that in the period of October 
        1, 2004, through May 31, 2005, not more than $6,666,667 
        shall be used for such projects.
          [(3) Allocation.--The amounts made available by or 
        appropriated under paragraph (1) to carry out this 
        section in each fiscal year shall be allocated as 
        follows:
                  [(A) 60 percent shall be allocated for 
                eligible projects in urbanized areas with 
                populations of at least 200,000.
                  [(B) 20 percent shall be allocated for 
                eligible projects in urbanized areas with 
                populations of less than 200,000.
                  [(C) 20 percent shall be allocated for 
                eligible projects in areas other than urbanized 
                areas.
          [(4) Transfer in fiscal year 2004.--Of the funds made 
        available or appropriated under paragraph (1) for 
        fiscal year 2004, prior to the allocation under 
        paragraph (3), $20,000,000 shall be administered under 
        the provisions of section 5309 of title 49, United 
        States Code.]

[SEC. 3038. RURAL TRANSPORTATION ACCESSIBILITY INCENTIVE PROGRAM.]

SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM.

  (a) * * *

           *       *       *       *       *       *       *

  [(e) Federal Share of Costs.--The Federal share of costs 
under this section shall be provided from funds made available 
to carry out this section. The Federal share of the costs for a 
project shall not exceed 90 percent of the project cost.]
  (e) Federal Share of Costs.--The Federal share of costs under 
this section shall be provided from funds made available to 
carry out this section. The Federal share of the costs for a 
project shall not exceed 80 percent of the project cost.

           *       *       *       *       *       *       *

  [(g) Funding.--
          [(1) Intercity, fixed-route over-the-road bus 
        service.--Of amounts made available by or appropriated 
        under section 5338(a)(2) of title 49, United States 
        Code (before allocation under section 5338(a)(2)(C) of 
        that title), the following amounts shall be available 
        for operators of over-the-road buses used substantially 
        or exclusively in intercity, fixed-route over-the-road 
        bus service to finance the incremental capital and 
        training costs of the Department of Transportation's 
        final rule regarding accessibility of over-the-road 
        buses:
                  [(A) $2,000,000 for fiscal year 1999.
                  [(B) $2,000,000 for fiscal year 2000.
                  [(C) $3,000,000 for fiscal year 2001.
                  [(D) $5,250,000 for fiscal year 2002.
                  [(E) $5,250,000 for fiscal year 2003.
                  [(F) $5,250,000 for fiscal year 2004.
                  [(G) $3,500,000 for the period of October 1, 
                2004, through May 31, 2005.
        Such sums shall remain available until expended.
          [(2) Other over-the-road bus service.--Of amounts 
        made available by or appropriated under section 
        5338(a)(2) of title 49, United States Code (before 
        allocation under section 5338(a)(2)(C) of that title), 
        $1,700,000 shall be available for each of fiscal years 
        2000 through 2004 (and $1,133,333 shall be available 
        for the period of October 1, 2004, through May 31, 
        2005) for operators of other over-the-road bus service 
        to finance the incremental capital and training costs 
        of the Department of Transportation's final rule 
        regarding accessibility of over-the-road buses. Such 
        sums shall remain available until expended.]
  (g) Funding.--
          (1) Intercity, fixed route over-the-road bus 
        service.--Of the amounts made available to carry out 
        this section in each fiscal year, 75 percent shall be 
        available for operators of over-the-road buses used 
        substantially or exclusively in intercity, fixed-route 
        over-the-road bus service to finance the incremental 
        capital and training costs of the Department of 
        Transportation's final rule regarding accessibility of 
        over-the-road buses. Such amounts shall remain 
        available until expended.
          (2) Other over-the-road bus service.--Of the amounts 
        made available to carry out this section in each fiscal 
        year, 25 percent shall be available for operators of 
        other over-the-road bus service to finance the 
        incremental capital and training costs of the 
        Department of Transportation's final rule regarding 
        accessibility of over-the-road buses. Such amounts 
        shall remain available until expended.

           *       *       *       *       *       *       *

TITLE V--TRANSPORTATION RESEARCH

           *       *       *       *       *       *       *

Subtitle B--Research and Technology

           *       *       *       *       *       *       *

SEC. 5117. TRANSPORTATION TECHNOLOGY INNOVATION AND DEMONSTRATION 
                    PROGRAM.

  (a) * * *
  (b) Contents of Program.--
          (1) * * *

           *       *       *       *       *       *       *

          (3) Intelligent transportation infrastructure.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (E) Use of rights-of-way.--
                          (i) In general.--An intelligent 
                        transportation system project described 
                        in paragraph (3), and an intelligent 
                        transportation system project described 
                        in paragraph (6), that involves 
                        privately owned intelligent 
                        transportation system components and is 
                        carried out using funds made available 
                        from the Highway Trust Fund (other than 
                        the Mass Transit Account) shall not be 
                        subject to any law or regulation of a 
                        State or political subdivision of a 
                        State prohibiting or regulating 
                        commercial activities in the rights-of-
                        way of a highway for which funds from 
                        the Highway Trust Fund (other than the 
                        Mass Transit Account) have been used 
                        for planning, design, construction, or 
                        maintenance if the Secretary determines 
                        that such use is in the public 
                        interest.
                          (ii) Limitation on statutory 
                        construction.--Nothing in this 
                        subparagraph shall be construed to 
                        affect the authority of a State, or 
                        political subdivision of a State, to 
                        regulate highway safety.
                  [(E)] (F) Definitions.--In this paragraph:
                          (i) * * *

           *       *       *       *       *       *       *

                  [(F)] (G) Funding.--Of the amounts made 
                available for each of fiscal years 1998 through 
                2003 by section 5001(a)(2) of this Act, 
                $1,700,000 per fiscal year shall be available 
                to carry out this paragraph.
                  [(G)] (H) Federal share.--The Federal share 
                of the cost of a program carried out under this 
                paragraph shall be 80 percent of the cost of 
                such program.

           *       *       *       *       *       *       *

            [Subtitle C--Intelligent Transportation Systems

[SEC. 5201. SHORT TITLE.

  [This subtitle may be cited as the ``Intelligent 
Transportation Systems Act of 1998''.

[SEC. 5202. FINDINGS.

  [Congress finds that--
          [(1) investments authorized by the Intermodal Surface 
        Transportation Efficiency Act of 1991 (105 Stat. 1914 
        et seq.) have demonstrated that intelligent 
        transportation systems can mitigate surface 
        transportation problems in a cost-effective manner; and
          [(2) continued investment in architecture and 
        standards development, research, and systems 
        integration is needed to accelerate the rate at which 
        intelligent transportation systems are incorporated 
        into the national surface transportation network, 
        thereby improving transportation safety and efficiency 
        and reducing costs and negative impacts on communities 
        and the environment.

[SEC. 5203. GOALS AND PURPOSES.

  [(a) Goals.--The goals of the intelligent transportation 
system program include--
          [(1) enhancement of surface transportation efficiency 
        and facilitation of intermodalism and international 
        trade to enable existing facilities to meet a 
        significant portion of future transportation needs, 
        including public access to employment, goods, and 
        services, and to reduce regulatory, financial, and 
        other transaction costs to public agencies and system 
        users;
          [(2) achievement of national transportation safety 
        goals, including the enhancement of safe operation of 
        motor vehicles and nonmotorized vehicles, with 
        particular emphasis on decreasing the number and 
        severity of collisions;
          [(3) protection and enhancement of the natural 
        environment and communities affected by surface 
        transportation, with particular emphasis on assisting 
        State and local governments to achieve national 
        environmental goals;
          [(4) accommodation of the needs of all users of 
        surface transportation systems, including operators of 
        commercial vehicles, passenger vehicles, and 
        motorcycles, and including individuals with 
        disabilities; and
          [(5) improvement of the Nation's ability to respond 
        to emergencies and natural disasters and enhancement of 
        national defense mobility.
  [(b) Purposes.--The Secretary shall implement activities 
under the intelligent system transportation program to, at a 
minimum--
          [(1) expedite, in both metropolitan and rural areas, 
        deployment and integration of intelligent 
        transportation systems for consumers of passenger and 
        freight transportation;
          [(2) ensure that Federal, State, and local 
        transportation officials have adequate knowledge of 
        intelligent transportation systems for full 
        consideration in the transportation planning process;
          [(3) improve regional cooperation and operations 
        planning for effective intelligent transportation 
        system deployment;
          [(4) promote the innovative use of private resources;
          [(5) develop a workforce capable of developing, 
        operating, and maintaining intelligent transportation 
        systems; and
          [(6) complete deployment of Commercial Vehicle 
        Information Systems and Networks in a majority of 
        States by September 30, 2003.

[SEC. 5204. GENERAL AUTHORITIES AND REQUIREMENTS.

  [(a) Scope.--Subject to the provisions of this subtitle, the 
Secretary shall conduct an ongoing intelligent transportation 
system program to research, develop, and operationally test 
intelligent transportation systems and advance nationwide 
deployment of such systems as a component of the surface 
transportation systems of the United States.
  [(b) Policy.--Intelligent transportation system operational 
tests and deployment projects funded pursuant to this subtitle 
shall encourage and not displace public-private partnerships or 
private sector investment in such tests and projects.
  [(c) Cooperation With Governmental, Private, and Educational 
Entities.--The Secretary shall carry out the intelligent 
transportation system program in cooperation with State and 
local governments and other public entities, the United States 
private sector, the Federal laboratories, and colleges and 
universities, including historically black colleges and 
universities and other minority institutions of higher 
education.
  [(d) Consultation With Federal Officials.--In carrying out 
the intelligent transportation system program, the Secretary, 
as appropriate, shall consult with the Secretary of Commerce, 
the Secretary of the Treasury, the Administrator of the 
Environmental Protection Agency, the Director of the National 
Science Foundation, and the heads of other Federal departments 
and agencies.
  [(e) Technical Assistance, Training, and Information.--The 
Secretary may provide technical assistance, training, and 
information to State and local governments seeking to 
implement, operate, maintain, or evaluate intelligent 
transportation system technologies and services.
  [(f) Transportation Planning.--The Secretary may provide 
funding to support adequate consideration of transportation 
system management and operations, including intelligent 
transportation systems, within metropolitan and statewide 
transportation planning processes.
  [(g) Information Clearinghouse.--
          [(1) In general.--The Secretary shall--
                  [(A) maintain a repository for technical and 
                safety data collected as a result of federally 
                sponsored projects carried out under this 
                subtitle; and
                  [(B) on request, make that information 
                (except for proprietary information and data) 
                readily available to all users of the 
                repository at an appropriate cost.
          [(2) Delegation of authority.--
                  [(A) In general.--The Secretary may delegate 
                the responsibility of the Secretary under this 
                subsection, with continuing oversight by the 
                Secretary, to an appropriate entity not within 
                the Department of Transportation.
                  [(B) Federal assistance.--If the Secretary 
                delegates the responsibility, the entity to 
                which the responsibility is delegated shall be 
                eligible for Federal assistance under this 
                section.
  [(h) Advisory Committees.--
          [(1) In general.--In carrying out this subtitle, the 
        Secretary may use 1 or more advisory committees.
          [(2) Applicability of federal advisory committee 
        act.--Any advisory committee so used shall be subject 
        to the Federal Advisory Committee Act (5 U.S.C. App.).
  [(i) Procurement Methods.--
          [(1) Technical assistance.--The Secretary shall 
        develop appropriate technical assistance and guidance 
        to assist State and local agencies in evaluating and 
        selecting appropriate methods of procurement for 
        intelligent transportation system projects carried out 
        using funds made available from the Highway Trust Fund, 
        including innovative and nontraditional methods such as 
        the Information Technology Omnibus Procurement.
          [(2) Intelligent transportation system software.--To 
        the maximum extent practicable, contracting officials 
        shall use as a critical evaluation criterion the 
        Software Engineering Institute's Capability Maturity 
        Model, or another similar recognized standard risk 
        assessment methodology, to reduce the cost, schedule, 
        and performance risks associated with the development, 
        management, and integration of intelligent 
        transportation system software.
  [(j) Evaluations.--
          [(1) Guidelines and requirements.--
                  [(A) In general.--The Secretary shall issue 
                guidelines and requirements for the evaluation 
                of operational tests and deployment projects 
                carried out under this subtitle.
                  [(B) Objectivity and independence.--The 
                guidelines and requirements issued under 
                subparagraph (A) shall include provisions to 
                ensure the objectivity and independence of the 
                evaluator so as to avoid any real or apparent 
                conflict of interest or potential influence on 
                the outcome by parties to any such test or 
                deployment project or by any other formal 
                evaluation carried out under this subtitle.
                  [(C) Funding.--The guidelines and 
                requirements issued under subparagraph (A) 
                shall establish evaluation funding levels based 
                on the size and scope of each test or project 
                that ensure adequate evaluation of the results 
                of the test or project.
          [(2) Special rule.--Any survey, questionnaire, or 
        interview that the Secretary considers necessary to 
        carry out the evaluation of any test, deployment 
        project, or program assessment activity under this 
        subtitle shall not be subject to chapter 35 of title 
        44.
  [(k) Use of Rights-of-Way.--Intelligent transportation system 
projects specified in section 5117(b)(3) and 5117(b)(6) and 
involving privately owned intelligent transportation system 
components that is carried out using funds made available from 
the Highway Trust Fund shall not be subject to any law or 
regulation of a State or political subdivision of a State 
prohibiting or regulating commercial activities in the rights-
of-way of a highway for which Federal-aid highway funds have 
been utilized for planning, design, construction, or 
maintenance, if the Secretary of Transportation determines that 
such use is in the public interest. Nothing in this subsection 
shall affect the authority of a State or political subdivision 
of a State to regulate highway safety.

[SEC. 5205. NATIONAL ITS PROGRAM PLAN.

  [(a) In General.--
          [(1) Updates.--The Secretary shall maintain and 
        update, as necessary, the National ITS Program Plan 
        developed by the Department of Transportation and the 
        Intelligent Transportation Society of America.
          [(2) Scope.--The National ITS Program Plan shall--
                  [(A) specify the goals, objectives, and 
                milestones for the research and deployment of 
                intelligent transportation systems in the 
                context of major metropolitan areas, smaller 
                metropolitan and rural areas, and commercial 
                vehicle operations;
                  [(B) specify how specific programs and 
                projects will achieve the goals, objectives, 
                and milestones referred to in subparagraph (A), 
                including consideration of the 5- and 10-year 
                timeframes for the goals and objectives;
                  [(C) identify activities that provide for the 
                dynamic development of standards and protocols 
                to promote and ensure interoperability in the 
                implementation of intelligent transportation 
                system technologies, including actions taken to 
                establish critical standards; and
                  [(D) establish a cooperative process with 
                State and local governments for determining 
                desired surface transportation system 
                performance levels and developing plans for 
                incorporation of specific intelligent 
                transportation system capabilities into surface 
                transportation systems.
  [(b) Reporting.--The plan described in subsection (a) shall 
be transmitted and updated as part of the Surface 
Transportation Research and Development Strategic Plan 
developed under section 508 of title 23, United States Code.

[SEC. 5206. NATIONAL ARCHITECTURE AND STANDARDS.

  [(a) In General.--
          [(1) Development, implementation, and maintenance.--
        Consistent with section 12(d) of the National 
        Technology Transfer and Advancement Act of 1995 (15 
        U.S.C. 272 note; 110 Stat. 783), the Secretary shall 
        develop, implement, and maintain a national 
        architecture and supporting standards and protocols to 
        promote the widespread use and evaluation of 
        intelligent transportation system technology as a 
        component of the surface transportation systems of the 
        United States.
          [(2) Interoperability and efficiency.--To the maximum 
        extent practicable, the national architecture shall 
        promote interoperability among, and efficiency of, 
        intelligent transportation system technologies 
        implemented throughout the United States.
          [(3) Use of standards development organizations.--In 
        carrying out this section, the Secretary may use the 
        services of such standards development organizations as 
        the Secretary determines to be appropriate.
  [(b) Report on Critical Standards.--Not later than June 1, 
1999, the Secretary shall submit a report to the Committee on 
Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Science 
of the House of Representatives identifying which standards are 
critical to ensuring national interoperability or critical to 
the development of other standards and specifying the status of 
the development of each standard identified.
  [(c) Provisional Standards.--
          [(1) In general.--If the Secretary finds that the 
        development or balloting of an intelligent 
        transportation system standard jeopardizes the timely 
        achievement of the objectives identified in subsection 
        (a), the Secretary may establish a provisional standard 
        after consultation with affected parties, and using, to 
        the extent practicable, the work product of appropriate 
        standards development organizations.
          [(2) Critical standards.--If a standard identified as 
        critical in the report under subsection (b) is not 
        adopted and published by the appropriate standards 
        development organization by January 1, 2001, the 
        Secretary shall establish a provisional standard after 
        consultation with affected parties, and using, to the 
        extent practicable, the work product of appropriate 
        standards development organizations.
          [(3) Period of effectiveness.--A provisional standard 
        established under paragraph (1) or (2) shall be 
        published in the Federal Register and remain in effect 
        until the appropriate standards development 
        organization adopts and publishes a standard.
  [(d) Waiver of Requirement To Establish Provisional 
Standard.--
          [(1) In general.--The Secretary may waive the 
        requirement under subsection (c)(2) to establish a 
        provisional standard if the Secretary determines that 
        additional time would be productive or that 
        establishment of a provisional standard would be 
        counterproductive to achieving the timely achievement 
        of the objectives identified in subsection (a).
          [(2) Notice.--The Secretary shall publish in the 
        Federal Register a notice describing each standard for 
        which a waiver of the provisional standard requirement 
        has been granted, the reasons for and effects of 
        granting the waiver, and an estimate as to when the 
        standard is expected to be adopted through a process 
        consistent with section 12(d) of the National 
        Technology Transfer and Advancement Act of 1995 (15 
        U.S.C. 272 note; 110 Stat. 783).
          [(3) Withdrawal of waiver.--At any time the Secretary 
        may withdraw a waiver granted under paragraph (1). Upon 
        such withdrawal, the Secretary shall publish in the 
        Federal Register a notice describing each standard for 
        which a waiver has been withdrawn and the reasons for 
        withdrawing the waiver.
  [(e) Conformity With National Architecture.--
          [(1) In general.--Except as provided in paragraphs 
        (2) and (3), the Secretary shall ensure that 
        intelligent transportation system projects carried out 
        using funds made available from the Highway Trust Fund, 
        including funds made available under this subtitle to 
        deploy intelligent transportation system technologies, 
        conform to the national architecture, applicable 
        standards or provisional standards, and protocols 
        developed under subsection (a).
          [(2) Secretary's discretion.--The Secretary may 
        authorize exceptions to paragraph (1) for--
                  [(A) projects designed to achieve specific 
                research objectives outlined in the National 
                ITS Program Plan under section 5205 or the 
                Surface Transportation Research and Development 
                Strategic Plan developed under section 508 of 
                title 23, United States Code; or
                  [(B) the upgrade or expansion of an 
                intelligent transportation system in existence 
                on the date of enactment of this subtitle, if 
                the Secretary determines that the upgrade or 
                expansion--
                          [(i) would not adversely affect the 
                        goals or purposes of this subtitle;
                          [(ii) is carried out before the end 
                        of the useful life of such system; and
                          [(iii) is cost-effective as compared 
                        to alternatives that would meet the 
                        conformity requirement of paragraph 
                        (1).
          [(3) Exceptions.--Paragraph (1) shall not apply to 
        funds used for operation or maintenance of an 
        intelligent transportation system in existence on the 
        date of enactment of this subtitle.
  [(f) Spectrum.--The Federal Communications Commission shall 
consider, in consultation with the Secretary, spectrum needs 
for the operation of intelligent transportation systems, 
including spectrum for the dedicated short-range vehicle-to-
wayside wireless standard. Not later than January 1, 2000, the 
Federal Communications Commission shall have completed a 
rulemaking considering the allocation of spectrum for 
intelligent transportation systems.

[SEC. 5207. RESEARCH AND DEVELOPMENT.

  [(a) In General.--The Secretary shall carry out a 
comprehensive program of intelligent transportation system 
research, development and operational tests of intelligent 
vehicles and intelligent infrastructure systems, and other 
similar activities that are necessary to carry out this 
subtitle.
  [(b) Priority Areas.--Under the program, the Secretary shall 
give higher priority to funding projects that--
          [(1) address traffic management, incident management, 
        transit management, toll collection, traveler 
        information, or highway operations systems;
          [(2) focus on crash-avoidance and integration of in-
        vehicle crash protection technologies with other on-
        board safety systems, including the interaction of air 
        bags and safety belts;
          [(3) incorporate human factors research, including 
        the science of the driving process;
          [(4) facilitate the integration of intelligent 
        infrastructure, vehicle, and control technologies, 
        including magnetic guidance control systems or other 
        materials or magnetics research; or
          [(5) incorporate research on the impact of 
        environmental, weather, and natural conditions on 
        intelligent transportation systems, including the 
        effects of cold climates.
  [(c) Operational Tests.--Operational tests conducted under 
this section shall be designed for the collection of data to 
permit objective evaluation of the results of the tests, 
derivation of cost-benefit information that is useful to others 
contemplating deployment of similar systems, and development 
and implementation of standards.
  [(d) Federal Share.--The Federal share of the cost of 
operational tests and demonstrations under subsection (a) shall 
not exceed 80 percent.

[SEC. 5208. INTELLIGENT TRANSPORTATION SYSTEM INTEGRATION PROGRAM.

  [(a) In General.--The Secretary shall conduct a comprehensive 
program to accelerate the integration and interoperability of 
intelligent transportation systems in metropolitan and rural 
areas. Under the program, the Secretary shall select for 
funding, through competitive solicitation, projects that will 
serve as models to improve transportation efficiency, promote 
safety (including safe freight movement), increase traffic flow 
(including the flow of intermodal travel at ports of entry), 
reduce emissions of air pollutants, improve traveler 
information, enhance alternative transportation modes, build on 
existing intelligent transportation system projects, or promote 
tourism.
  [(b) Selection of Projects.--Under the program, the Secretary 
shall give priority to funding projects that--
          [(1) contribute to national deployment goals and 
        objectives outlined in the National ITS Program Plan 
        under section 5205;
          [(2) demonstrate a strong commitment to cooperation 
        among agencies, jurisdictions, and the private sector, 
        as evidenced by signed memoranda of understanding that 
        clearly define the responsibilities and relations of 
        all parties to a partnership arrangement, including 
        institutional relationships and financial agreements 
        needed to support deployment;
          [(3) encourage private sector involvement and 
        financial commitment, to the maximum extent 
        practicable, through innovative financial arrangements, 
        especially public-private partnerships, including 
        arrangements that generate revenue to offset public 
        investment costs;
          [(4) demonstrate commitment to a comprehensive plan 
        of fully integrated intelligent transportation system 
        deployment in accordance with the national architecture 
        and standards and protocols established under section 
        5206;
          [(5) are part of approved plans and programs 
        developed under applicable statewide and metropolitan 
        transportation planning processes and applicable State 
        air quality implementation plans, as appropriate, at 
        the time at which Federal funds are sought;
          [(6) minimize the relative percentage and amount of 
        Federal contributions under this section to total 
        project costs;
          [(7) ensure continued, long-term operations and 
        maintenance without continued reliance on Federal 
        funding under this subtitle, as evidenced by documented 
        evidence of fiscal capacity and commitment from 
        anticipated public and private sources;
          [(8) demonstrate technical capacity for effective 
        operations and maintenance or commitment to acquiring 
        necessary skills;
          [(9) mitigate any adverse impacts on bicycle and 
        pedestrian transportation and safety; or
          [(10) in the case of a rural area, meet other safety, 
        mobility, geographic and regional diversity, or 
        economic development criteria as determined by the 
        Secretary.
  [(c) Fiscal Year Limitations.--Of the amounts made available 
to carry out this section for a fiscal year--
          [(1) not more that $15,000,000 may be used for 
        projects in a single metropolitan area;
          [(2) not more than $2,000,000 may be used for 
        projects in a single rural area; and
          [(3) not more than $35,000,000 may be used for 
        projects in a State.
  [(d) Funding Limitations.--
          [(1) Projects in metropolitan areas.--Funding under 
        this section for intelligent transportation 
        infrastructure projects in metropolitan areas shall be 
        used primarily for activities necessary to integrate 
        intelligent transportation infrastructure elements that 
        are either deployed or to be deployed with other 
        sources of funds.
          [(2) Other projects.--For projects outside 
        metropolitan areas, funding provided under this 
        subtitle may also be used for installation of 
        intelligent transportation infrastructure elements.
  [(e) Funding for Rural Areas.--The Secretary shall allocate 
not less than 10 percent of funds authorized by section 
5001(c)(4)(A) in rural areas for intelligent transportation 
infrastructure deployment activities funded under this section 
to carry out intelligent transportation infrastructure 
deployment activities in rural areas.
  [(f) Federal Share.--
          [(1) Funds made available under this section.--The 
        Federal share of the cost of a project payable from 
        funds made available under this section shall not 
        exceed 50 percent.
          [(2) Funds made available from all federal sources.--
        The total Federal share of the cost of a project 
        payable from all eligible sources (including this 
        section) shall not exceed 80 percent.
  [(g) Corridor Development and Coordination.--
          [(1) In general.--The Secretary shall encourage 
        multistate cooperative agreements, coalitions, or other 
        arrangements intended to promote regional cooperation, 
        planning, and shared project implementation for 
        intelligent transportation system projects.
          [(2) Great lakes its implementation.--
                  [(A) In general.--The Secretary shall make 
                grants under this subsection to the State of 
                Wisconsin to continue ITS activities in the 
                corridor serving the Greater Milwaukee, 
                Wisconsin, Chicago, Illinois, and Gary, 
                Indiana, areas initiated under the Intermodal 
                Surface Transportation Efficiency Act of 1991 
                and other areas of the State.
                  [(B) Funding.--Of the amounts made available 
                for each of fiscal years 1998 through 2003 
                under section 5001(c)(4)(A) of this Act, 
                $2,000,000 per fiscal year shall be available 
                to carry out this paragraph.
          [(3) Northeast its implementation.--
                  [(A) In general.--The Secretary shall make 
                grants under this subsection to the States to 
                continue ITS activities in the Interstate Route 
                I-95 corridor in the northeastern United States 
                initiated under the Intermodal Surface 
                Transportation Efficiency Act of 1991.
                  [(B) Funding.--Of the amounts made available 
                for each of fiscal years 1998 through 2003 
                under section 5001(c)(4)(A) of this Act, 
                $5,000,000 per fiscal year shall be available 
                to carry out this paragraph.

[SEC. 5209. COMMERCIAL VEHICLE INTELLIGENT TRANSPORTATION SYSTEM 
                    INFRASTRUCTURE DEPLOYMENT.

  [(a) In General.--The Secretary shall carry out a 
comprehensive program to deploy intelligent transportation 
systems that--
          [(1) improve the safety and productivity of 
        commercial vehicles and drivers; and
          [(2) reduce costs associated with commercial vehicle 
        operations and Federal and State commercial vehicle 
        regulatory requirements.
  [(b) Purpose.--The program shall advance the technological 
capability and promote the deployment of intelligent 
transportation system applications to commercial vehicle 
operations, including commercial vehicle, commercial driver, 
and carrier-specific information systems and networks.
  [(c) Priority Areas.--In carrying out the program, the 
Secretary shall give priority to projects that--
          [(1) encourage multistate cooperation and corridor 
        development;
          [(2)(A) improve the safety of commercial vehicle 
        operations; and
          [(B) increase the efficiency of regulatory inspection 
        processes to reduce administrative burdens by advancing 
        technology to facilitate inspections and generally 
        increase the effectiveness of enforcement efforts;
          [(3)(A) advance electronic processing of registration 
        information, driver licensing information, fuel tax 
        information, inspection and crash data, and other 
        safety information; and
          [(B) promote communication of the information among 
        the States; or
          [(4) enhance the safe passage of commercial vehicles 
        across the United States and across international 
        borders.
  [(d) Leveraging of Federal Funds.--Federal funds used to 
carry out the program shall, to the maximum extent 
practicable--
          [(1) be leveraged with non-Federal funds; and
          [(2) be used for activities not carried out through 
        the use of private funds.
  [(e) Federal Share.--The Federal share of the cost of the 
project payable from funds made available to carry out this 
section shall not exceed 50 percent. The total Federal share of 
the cost of the project payable from all eligible sources shall 
not exceed 80 percent.

[SEC. 5210. USE OF FUNDS.

  [(a) Outreach and Public Relations Limitation.--
          [(1) In general.--For each fiscal year, not more than 
        $5,000,000 of the funds made available to carry out 
        this subtitle shall be used for intelligent 
        transportation system outreach, public relations, 
        displays, scholarships, tours, and brochures.
          [(2) Applicability.--Paragraph (1) shall not apply to 
        intelligent transportation system training or the 
        publication or distribution of research findings, 
        technical guidance, or similar documents.
  [(b) Infrastructure Development.--Funds made available to 
carry out this subtitle for operational tests and deployment 
projects--
          [(1) shall be used primarily for the development of 
        intelligent transportation system infrastructure; and
          [(2) to the maximum extent practicable, shall not be 
        used for the construction of physical highway and 
        transit infrastructure unless the construction is 
        incidental and critically necessary to the 
        implementation of an intelligent transportation system 
        project.
  [(c) Life Cycle Cost Analysis and Financing and Operations 
Plan.--The Secretary shall require an applicant for funds made 
available under sections 5208 and 5209 to submit to the 
Secretary--
          [(1) an analysis of the life-cycle costs of operation 
        and maintenance of intelligent transportation system 
        elements, if the total initial capital costs of the 
        elements exceed $3,000,000; and
          [(2) a multiyear financing and operations plan that 
        describes how the project will be cost-effectively 
        operated and maintained.
  [(d) Use of Innovative Financing.--
          [(1) In general.--The Secretary may use up to 25 
        percent of the funds made available to carry out this 
        subtitle to make available loans, lines of credit, and 
        loan guarantees for projects that are eligible for 
        assistance under this subtitle and that have 
        significant intelligent transportation system elements.
          [(2) Consistency with other law.--Credit assistance 
        described in paragraph (1) shall be made available in a 
        manner consistent with the Transportation 
        Infrastructure Finance and Innovation Act of 1998.

[SEC. 5211. DEFINITIONS.

  [In this subtitle, the following definitions apply:
          [(1) Commercial vehicle information systems and 
        networks.--The term ``Commercial Vehicle Information 
        Systems and Networks'' means the information systems 
        and communications networks that support commercial 
        vehicle operations.
          [(2) Commercial vehicle operations.--The term 
        ``commercial vehicle operations''--
                  [(A) means motor carrier operations and motor 
                vehicle regulatory activities associated with 
                the commercial movement of goods, including 
                hazardous materials, and passengers; and
                  [(B) with respect to the public sector, 
                includes the issuance of operating credentials, 
                the administration of motor vehicle and fuel 
                taxes, and roadside safety and border crossing 
                inspection and regulatory compliance 
                operations.
          [(3) Corridor.--The term ``corridor'' means any major 
        transportation route that includes parallel limited 
        access highways, major arterials, or transit lines.
          [(4) Intelligent transportation infrastructure.--The 
        term ``intelligent transportation infrastructure'' 
        means fully integrated public sector intelligent 
        transportation system components, as defined by the 
        Secretary.
          [(5) Intelligent transportation system.--The term 
        ``intelligent transportation system'' means 
        electronics, communications, or information processing 
        used singly or in combination to improve the efficiency 
        or safety of a surface transportation system.
          [(6) National architecture.--The term ``national 
        architecture'' means the common framework for 
        interoperability adopted by the Secretary that 
        defines--
                  [(A) the functions associated with 
                intelligent transportation system user 
                services;
                  [(B) the physical entities or subsystems 
                within which the functions reside;
                  [(C) the data interfaces and information 
                flows between physical subsystems; and
                  [(D) the communications requirements 
                associated with the information flows.
          [(7) Standard.--The term ``standard'' means a 
        document that--
                  [(A) contains technical specifications or 
                other precise criteria for intelligent 
                transportation systems that are to be used 
                consistently as rules, guidelines, or 
                definitions of characteristics so as to ensure 
                that materials, products, processes, and 
                services are fit for their purposes; and
                  [(B) may support the national architecture 
                and promote--
                          [(i) the widespread use and adoption 
                        of intelligent transportation system 
                        technology as a component of the 
                        surface transportation systems of the 
                        United States; and
                          [(ii) interoperability among 
                        intelligent transportation system 
                        technologies implemented throughout the 
                        States.
          [(8) State.--The term ``State'' has the meaning given 
        the term under section 101 of title 23, United States 
        Code.

[SEC. 5212. PROJECT FUNDING.

  [(a) Use of Hazardous Materials Monitoring Systems.--
          [(1) In general.--The Secretary shall conduct 
        research on improved methods of deploying and 
        integrating existing ITS projects to include hazardous 
        materials monitoring systems across various modes of 
        transportation.
          [(2) Funding.--Of the amounts made available for each 
        of fiscal years 1998 through 2003 by section 5001(a)(6) 
        of this Act, $1,500,000 per fiscal year shall be 
        available to carry out this paragraph.
  [(b) Outreach and Technology Transfer Activities.--
          [(1) In general.--The Secretary shall continue to 
        support the Urban Consortium's ITS outreach and 
        technology transfer activities.
          [(2) Funding.--Of the amounts made available for each 
        of fiscal years 1998 through 2003 by section 5001(a)(5) 
        of this Act, $500,000 per fiscal year shall be 
        available to carry out this paragraph.
  [(c) Translink.--
          [(1) In general.--The Secretary shall make grants to 
        the Texas Transportation Institute to continue the 
        Translink Research program.
          [(2) Funding.--Of the amounts allocated for each of 
        fiscal years 1999 through 2001 by section 5001(a)(6) of 
        this Act, $1,300,000 per fiscal year shall be available 
        to carry out this paragraph.]

           *       *       *       *       *       *       *

                              ----------                              

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *

SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *

CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *

Sec. 102. Department of Transportation

  (a) * * *

           *       *       *       *       *       *       *

  (f) Deputy Assistant Secretary for Tribal Government 
Affairs.--The Department of Transportation shall have, within 
the office of the Secretary, a Deputy Assistant Secretary for 
Tribal Government Affairs appointed by the President to plan, 
coordinate, and implement the Department of Transportation 
policy and programs serving Indian tribes and tribal 
organizations and to coordinate tribal transportation programs 
and activities in all offices and administrations of the 
Department and to be a participant in any negotiated rulemaking 
related to, or has impact on, projects, programs, or funding 
associated with the tribal transportation program.
  [(f)] (g) The Department shall have a seal that shall be 
judicially recognized.
  [(g)] (h) The Department has an Associate Deputy Secretary 
appointed by the President, by and with the advice and consent 
of the Senate. The Associate Deputy Secretary shall carry out 
powers and duties prescribed by the Secretary.

           *       *       *       *       *       *       *

[Sec. 111. Bureau of Transportation Statistics

  [(a) Establishment.--There is established in the Research and 
Innovative Technology Administration a Bureau of Transportation 
Statistics.
  [(b) Director.--
          [(1) Appointment.--The Bureau shall be headed by a 
        Director who shall be appointed in the competitive 
        service by the Secretary.
          [(2) Qualifications.--The Director shall be appointed 
        from among individuals who are qualified to serve as 
        the Director by virtue of their training and experience 
        in the compilation and analysis of transportation 
        statistics.
  [(c) Responsibilities.--The Director of the Bureau shall be 
responsible for carrying out the following duties:
          [(1) Compiling transportation statistics.--Compiling, 
        analyzing, and publishing a comprehensive set of 
        transportation statistics to provide timely summaries 
        and totals (including industrywide aggregates and 
        multiyear averages) of transportation-related 
        information. Such statistics shall be suitable for 
        conducting cost-benefit studies (including comparisons 
        among individual transportation modes and intermodal 
        transport systems) and shall include information on--
                  [(A) productivity in various parts of the 
                transportation sector;
                  [(B) traffic flows;
                  [(C) travel times;
                  [(D) vehicle weights;
                  [(E) variables influencing traveling 
                behavior, including choice of transportation 
                mode;
                  [(F) travel costs of intracity commuting and 
                intercity trips;
                  [(G) availability of mass transit and the 
                number of passengers served by each mass 
                transit authority;
                  [(H) frequency of vehicle and transportation 
                facility repairs and other interruptions of 
                transportation service;
                  [(I) accidents;
                  [(J) collateral damage to the human and 
                natural environment;
                  [(K) the condition of the transportation 
                system; and
                  [(L) transportation-related variables that 
                influence global competitiveness.
          [(2) Implementing long-term data collection 
        program.--Establishing and implementing, in cooperation 
        with the modal administrators, the States, and other 
        Federal officials a comprehensive, long-term program 
        for the collection and analysis of data relating to the 
        performance of the transportation systems of the United 
        States. Such program shall--
                  [(A) be coordinated with efforts to measure 
                outputs and outcomes of the Department of 
                Transportation and the transportation systems 
                of the United States under the Government 
                Performance and Results Act of 1993 (107 Stat. 
                285 et seq.) and the amendments made by such 
                Act;
                  [(B) ensure that data is collected under this 
                subsection in a manner which will maximize the 
                ability to compare data from different regions 
                and for different time periods; and
                  [(C) ensure that data collected under this 
                subsection is controlled for accuracy, made 
                relevant to the States and metropolitan 
                planning organizations, and disseminated to the 
                States and other interested parties.
          [(3) Issuing guidelines.--Issuing guidelines for the 
        collection of information by the Department of 
        Transportation required for statistics to be compiled 
        under paragraph (1) 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 by the heads of the operating 
        administrations of the Department as shall be requested 
        by the Secretary.
          [(4) Coordinating collection of information.--
        Coordinating the collection of information by the 
        Department of Transportation required for statistics to 
        be compiled under paragraph (1) with related 
        information-gathering activities conducted by other 
        Federal departments and agencies and collecting 
        appropriate data not elsewhere gathered.
          [(5) Making statistics accessible.--Making the 
        statistics published under this subsection readily 
        accessible.
          [(6) Identifying information needs.--Identifying 
        information that is needed under paragraph (1) but 
        which is not being collected, reviewing such needs at 
        least annually with the Advisory Council on 
        Transportation Statistics, and making recommendations 
        to appropriate Department of Transportation research 
        officials concerning extramural and intramural research 
        programs to provide such information.
          [(7) Supporting transportation decisionmaking.--
        Ensuring that the statistics compiled under paragraph 
        (1) are relevant for transportation decisionmaking by 
        the Federal Government, State and local governments, 
        transportation-related associations, private 
        businesses, and consumers.
  [(d) Intermodal Transportation Data Base.--
          [(1) In general.--In consultation with the Associate 
        Deputy Secretary, 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.
  [(e) 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)(5).
          [(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).
  [(f) 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.
  [(g) Research and Development Grants.--
          [(1) In general.--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--
                  [(A) investigation of the subjects specified 
                in subsection (c)(1) and research and 
                development of new methods of data collection, 
                management, integration, dissemination, 
                interpretation, and analysis;
                  [(B) development of electronic clearinghouses 
                of transportation data and related information, 
                as part of the National Transportation Library 
                under subsection (e); and
                  [(C) development and improvement of methods 
                for sharing geographic data, in support of the 
                national transportation atlas data base under 
                subsection (f) and the National Spatial Data 
                Infrastructure developed under Executive Order 
                No. 12906.
          [(2) Limitation.--Not more than $500,000 of the 
        amounts made available to carry out this section in a 
        fiscal year may be used to carry out this subsection.
  [(h) 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.
  [(i) Prohibition on Certain Disclosures.--
          [(1) In general.--An officer or employee of the 
        Bureau may not--
                  [(A) make any disclosure in which the data 
                provided by an individual or organization under 
                subsection (c)(2) can be identified;
                  [(B) use the information provided under 
                subsection (c)(2) 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).
          [(2) Prohibition on requests for certain data.--
                  [(A) Government agencies.--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)(2) with the Bureau or retained 
                by an individual respondent.
                  [(B) Courts.--Any 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 inferred by direct or indirect 
                means.
          [(3) Data collected for nonstatistical purposes.--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.
  [(j) 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)(1), documentation of 
methods used to obtain and ensure the quality of the statistics 
presented in the report, and recommendations for improving 
transportation statistical information.
  [(k) 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.]

Sec. 111. Bureau of Transportation Statistics

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

           *       *       *       *       *       *       *

Sec. 113. Federal Motor Carrier Safety Administration

  (a) * * *

           *       *       *       *       *       *       *

  (j) Medical Review Board.--
          (1) Establishment and function.--The Administrator 
        shall establish a Medical Review Board as an advisory 
        committee to provide the Administration with medical 
        advice and recommendations on driver qualification 
        medical standards and guidelines, medical examiner 
        education, and medical research.
          (2) Composition.--The Medical Review Board shall 
        consist of 5 members appointed for a term not to exceed 
        3 years by the Secretary from medical institutions and 
        private medical practice. The membership shall reflect 
        expertise in a variety of medical specialties relevant 
        to the functions of the Administration.

           *       *       *       *       *       *       *

CHAPTER 3--GENERAL DUTIES AND POWERS

           *       *       *       *       *       *       *

SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION

           *       *       *       *       *       *       *

Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic 
                    sites

  (a) * * *

           *       *       *       *       *       *       *

  (d) Special Rules for Historic Sites.--
          (1) In general.--The requirements of this section are 
        deemed to be satisfied in any case in which the 
        treatment of a historic site has been agreed upon in 
        accordance with section 106 of the National Historic 
        Preservation Act (16 U.S.C. 470f) and the agreement 
        includes a determination that the program or project 
        will not have an adverse effect on the historic site.
          (2) Limitation on applicability.--This subsection 
        does not apply in any case in which the Advisory 
        Council on Historic Preservation determines, concurrent 
        with or prior to the conclusion of section 106 
        consultation, that allowing section 106 compliance to 
        satisfy the requirements of this section would be 
        inconsistent with the objectives of the National 
        Historic Preservation Act. The Council shall make such 
        a determination if petitioned to do so by a section 106 
        consulting party, unless the Council affirmatively 
        finds that the views of the requesting party have been 
        adequately considered and that section 106 compliance 
        will adequately protect historic properties.
          (3) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) Section 106 consultation.--The term 
                ``section 106 consultation'' means the 
                consultation process required under section 106 
                of the National Historic Preservation Act (16 
                U.S.C. 470f).
                  (B) Adverse effect.--The term ``adverse 
                effect'' means altering, directly or 
                indirectly, any of the characteristics of a 
                historic property that qualify the property for 
                inclusion in the National Register in a manner 
                that would diminish the integrity of the 
                property's location, design, setting, 
                materials, workmanship, feeling, or 
                association.

           *       *       *       *       *       *       *

                     SUBCHAPTER III--MISCELLANEOUS

Sec. 351. Judicial review of actions in carrying out certain 
                    transferred duties and powers

  (a) Judicial Review.--An action of the Secretary of 
Transportation in carrying out a duty or power transferred 
under the Department of Transportation Act (Public Law 89-670, 
80 Stat. 931), or an action of the Administrator of the Federal 
Railroad Administration, the [Federal Highway Administration] 
Federal Motor Carrier Safety Administration, or the Federal 
Aviation Administration in carrying out a duty or power 
specifically assigned to the Administrator by that Act, may be 
reviewed judicially to the same extent and in the same way as 
if the action had been an action by the department, agency, or 
instrumentality of the United States Government carrying out 
the duty or power immediately before the transfer or 
assignment.

           *       *       *       *       *       *       *

Sec. 352. Authority to carry out certain transferred duties and powers

  In carrying out a duty or power transferred under the 
Department of Transportation Act (Public Law 89-670, 80 Stat. 
931), the Secretary of Transportation and the Administrators of 
the Federal Railroad Administration, the [Federal Highway 
Administration] Federal Motor Carrier Safety Administration, 
and the Federal Aviation Administration have the same authority 
that was vested in the department, agency, or instrumentality 
of the United States Government carrying out the duty or power 
immediately before the transfer. An action of the Secretary or 
Administrator in carrying out the duty or power has the same 
effect as when carried out by the department, agency, or 
instrumentality.

           *       *       *       *       *       *       *

CHAPTER 5--SPECIAL AUTHORITY

           *       *       *       *       *       *       *

SUBCHAPTER II--PENALTIES

           *       *       *       *       *       *       *

Sec. 521. Civil penalties

  (a) * * *
  [(b)(1)(A) If the Secretary]
  (b) Violations Relating to Commercial Motor Vehicle Safety 
Regulation and Operators.--
          (1) Notice.--
                  (A) In general.--If the Secretary finds that 
                a violation of a provision of subchapter III of 
                chapter 311 (except sections 31138 and 31139) 
                or section 31302, 31303, 31304, 31305(b), 
                31310(g)(1)(A), or 31502 of this title, or a 
                violation of a regulation issued under any of 
                those provisions, has occurred, the Secretary 
                shall issue a written notice to the violator. 
                Such notice shall describe with reasonable 
                particularity the nature of the violation found 
                and the provision which has been violated. The 
                notice shall specify the proposed civil 
                penalty, if any, and suggest actions which 
                might be taken in order to abate the violation. 
                The notice shall indicate that the violator 
                may, within 15 days of service, notify the 
                Secretary of the violator's intention to 
                contest the matter. In the event of a contested 
                notice, the Secretary shall afford such 
                violator an opportunity for a hearing, pursuant 
                to section 554 of title 5, following which the 
                Secretary shall issue an order affirming, 
                modifying, or vacating the notice of violation.

           *       *       *       *       *       *       *

  (2) Civil Penalty.--
                  (A) * * *
                  (B) Recordkeeping and reporting violations.--
                A person required to make a report to the 
                Secretary, answer a question, or make, prepare, 
                or preserve a record under section 504 of this 
                title or under any regulation issued by the 
                Secretary pursuant to subchapter III of chapter 
                311 (except sections 31138 and 31139) or 
                section 31502 of this title about 
                transportation by motor carrier, motor carrier 
                of migrant workers, or motor private carrier, 
                or an officer, agent, or employee of that 
                person--
                          (i) who does not make that report, 
                        does not specifically, completely, and 
                        truthfully answer that question in 30 
                        days from the date the Secretary 
                        requires the question to be answered, 
                        or does not make, prepare, or preserve 
                        that record in the form and manner 
                        prescribed by the Secretary, shall be 
                        liable to the United States for a civil 
                        penalty in an amount not to exceed 
                        [$500] $1,000 for each offense, and 
                        each day of the violation shall 
                        constitute a separate offense, except 
                        that the total of all civil penalties 
                        assessed against any violator for all 
                        offenses related to any single 
                        violation shall not exceed [$5,000] 
                        $10,000; or
                          (ii) who knowingly falsifies, 
                        destroys, mutilates, or changes a 
                        required report or record, knowingly 
                        files a false report with the 
                        Secretary, knowingly makes or causes or 
                        permits to be made a false or 
                        incomplete entry in that record about 
                        an operation or business fact or 
                        transaction, or knowingly makes, 
                        prepares, or preserves a record in 
                        violation of a regulation or order of 
                        the Secretary, shall be liable to the 
                        United States for a civil penalty in an 
                        amount not to exceed [$5,000] $10,000 
                        for each violation, if any such action 
                        can be shown to have misrepresented a 
                        fact that constitutes a violation other 
                        than a reporting or recordkeeping 
                        violation.

           *       *       *       *       *       *       *

                  (E) Copying of records and access to 
                equipment, lands, and buildings.--A person 
                subject to chapter 51 or part B of subtitle VI 
                who fails to allow the Secretary, or an 
                employee designated by the Secretary, promptly 
                upon demand to inspect and copy any record or 
                inspect and examine equipment, lands, 
                buildings, and other property in accordance 
                with section 504(c), 5121(c), or 14122(b) shall 
                be liable to the United States for a civil 
                penalty not to exceed $1,000 for each offense. 
                Each day the Secretary is denied the right to 
                inspect and copy any record or inspect and 
                examine equipment, lands, buildings, and other 
                property shall constitute a separate offense; 
                except that the total of all civil penalties 
                against any violator for all offenses related 
                to a single violation shall not exceed $10,000. 
                It shall be a defense to such penalty that the 
                records did not exist at the time of the 
                Secretary's request or could not be timely 
                produced without unreasonable expense or 
                effort. Nothing in this subparagraph shall be 
                construed as amending or superseding any remedy 
                available to the Secretary under section 
                502(d), section 507(c), or any other provision 
                of this title.

           *       *       *       *       *       *       *

             SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS

Chapter                                                             Sec.
      TRANSPORTATION OF HAZARDOUS MATERIAL..........................5101
      TRANSPORTATION PLANNING AND PROJECT DELIVERY..................5201
5301[MASS] PUBLIC TRANSPORTATION......................................

           *       *       *       *       *       *       *

            CHAPTER 51--TRANSPORTATION OF HAZARDOUS MATERIAL

Sec.
5101.  Purpose.
     * * * * * * *
[5111.  Rail tank cars.]
     * * * * * * *
[5117.  Exemptions and exclusions.
[5118.  Inspectors.]
5117.  Special permits and exclusions.
     * * * * * * *
[5127.  Authorization of appropriations.]
5127.  Judicial review.
5128.  Authorization of appropriations.

Sec. 5101. Purpose

  [The purpose of this chapter is to provide adequate 
protection against the risks to life and property inherent in 
the transportation of hazardous material in commerce by 
improving the regulatory and enforcement authority of the 
Secretary of Transportation.] The purpose of this chapter is to 
protect against the risks to life, property, and the 
environment that are inherent in the transportation of 
hazardous material in intrastate, interstate, and foreign 
commerce.

Sec. 5102. Definitions

  In this chapter--
          (1) ``commerce'' means trade or transportation in the 
        jurisdiction of the United States--
                  (A) between a place in a State and a place 
                outside of the State; [or]
                  (B) that affects trade or transportation 
                between a place in a State and a place outside 
                of the State[.]; or
                  (C) on a United States registered aircraft.
          (2) ``hazardous material'' means a substance or 
        material the Secretary [of Transportation] designates 
        under section 5103(a) of this title.

           *       *       *       *       *       *       *

          (8) ``[national response team] National Response 
        Team'' means the [national response team] National 
        Response Team established under the national 
        contingency plan established under section 105 of the 
        Comprehensive Environmental Response, Compensation, and 
        Liability Act of 1980 (42 U.S.C. 9605).

           *       *       *       *       *       *       *

          (11) ``Secretary'' means the Secretary of 
        Transportation.
          [(11)] (12) ``State'' means--
                  (A) * * *

           *       *       *       *       *       *       *

          [(12)] (13) ``transports'' or ``transportation'' 
        means the movement of property and loading, unloading, 
        or storage incidental to the movement.
          [(13)] (14) ``United States'' means all of the 
        States.

Sec. 5103. General regulatory authority

  (a) Designating Material as Hazardous.--The Secretary [of 
Transportation] shall designate material (including an 
explosive, radioactive material, [etiologic agent,] infectious 
substance, flammable or combustible liquid or solid, [poison,] 
toxic, oxidizing or corrosive material, and compressed gas) or 
a group or class of material as hazardous when the Secretary 
decides that transporting the material in commerce in a 
particular amount and form may pose an unreasonable risk to 
health and safety or property.
  (b) Regulations for Safe Transportation.--(1) The Secretary 
shall prescribe regulations for the safe transportation, 
including security, of hazardous material in intrastate, 
interstate, and foreign commerce. The regulations--
          (A) apply to a person--
                  (i) [transporting] that transports hazardous 
                material in commerce;
                  (ii) [causing] that causes hazardous material 
                to be transported in commerce; [or]
                  [(iii) manufacturing, fabricating, marking, 
                maintaining, reconditioning, repairing, or 
                testing a packaging or a container that is 
                represented, marked, certified, or sold by that 
                person as qualified for use in transporting 
                hazardous material in commerce; and]
                  (iii) that designs, manufactures, fabricates, 
                inspects, marks, maintains, reconditions, 
                repairs, or tests a package or container that 
                is represented, marked, certified, or sold by 
                that person as qualified for use in 
                transporting hazardous material in commerce;
                  (iv) that prepares or accepts hazardous 
                material for transportation in commerce;
                  (v) that is responsible for the safety of 
                transporting hazardous material in commerce;
                  (vi) that certifies compliance with any 
                requirement of this chapter; or
                  (vii) that misrepresents whether the person 
                is engaged in any of the activities described 
                in this subparagraph; and

           *       *       *       *       *       *       *

  (2) A proceeding to prescribe the regulations must be 
conducted under section 553 of title 5, including an 
opportunity for informal oral presentation.
  [(C)] (3) Consultation.--When prescribing a security 
regulation or issuing a security order that affects the safety 
of the transportation of hazardous material, the Secretary of 
Homeland Security shall consult with the Secretary.

Sec. 5103a. Limitation on issuance of hazmat licenses

  (a) Limitation.--
          (1) Issuance of licenses.--A State may not issue to 
        any individual a license to operate a motor vehicle 
        transporting in commerce a hazardous material unless 
        the Secretary [of Transportation] has first determined, 
        upon receipt of a notification under subsection 
        (c)(1)(B), that the individual does not pose a security 
        risk warranting denial of the license.
          (2) Renewals included.--For the purposes of this 
        section, the term ``issue'', with respect to a license, 
        includes renewal of the license.
  (b) Hazardous Materials Described.--The limitation in 
subsection (a) shall apply with respect to--
          (1) any material defined as a hazardous material by 
        the Secretary [of Transportation]; and
          (2) any chemical or biological material or agent 
        determined by the Secretary of Health and Human 
        Services or the Attorney General as being a threat to 
        the national security of the United States.
  (c) Background Records Check.--
          (1) In general.--Upon the request of a State 
        regarding issuance of a license described in subsection 
        (a)(1) to an individual, the Attorney General--
                  (A) * * *
                  (B) upon completing the background records 
                check, shall notify the Secretary [of 
                Transportation] of the completion and results 
                of the background records check.
          (2) Scope.--A background records check regarding an 
        individual under [this subsection] paragraph (1) shall 
        consist of the following:
                  (A) * * *

           *       *       *       *       *       *       *

          (3) Standards.--The Secretary shall prescribe by 
        regulation uniform standards (including standards used 
        to disqualify applicants) governing--
                  (A) the collection by States of background 
                information authorized by paragraph (1);
                  (B) the collection, transmission, and review 
                of background information; and
                  (C) the notification of an applicant of the 
                results of the background check.
          (4) Fees.--A State may impose and collect an 
        appropriate fee to carry out paragraph (1) consistent 
        with section 5125(f).
          (5) Operators registered in mexico and canada.--No 
        operator of a commercial motor vehicle (as defined in 
        section 31101) licensed in Mexico or Canada may operate 
        in the United States a commercial motor vehicle 
        transporting hazardous material until the operator has 
        undergone a background records check similar to the 
        background records check required of operators of 
        commercial motor vehicles licensed in the United States 
        to transport hazardous materials.
  (d) Reporting Requirement.--Each State shall submit to the 
Secretary [of Transportation], at such time and in such manner 
as the Secretary may prescribe, the name, address, and such 
other information as the Secretary may require, concerning--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 5104. Representation and tampering

  (a) Representation.--[A] No person may represent, by marking 
or otherwise, that--
          (1) a container, package, or packaging (or a 
        component of a container, package, or packaging) for 
        transporting hazardous material is safe, certified, or 
        complies with this chapter [only if the container, 
        package, or packaging (or a component of a container, 
        package, or packaging) meets] if it does not conform to 
        the requirements of each applicable regulation 
        prescribed under this chapter; or
          (2) hazardous material is present in a package, 
        container, motor vehicle, rail freight car, aircraft, 
        or vessel [only if] unless the material is present.
  (b) Tampering.--[A person may not] No person may alter, 
remove, destroy, or otherwise tamper unlawfully with--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 5105. Transporting certain highly radioactive material

  (a) * * *
  (b) Transportation Safety Study.--In consultation with the 
Secretary of Energy, the Nuclear Regulatory Commission, 
potentially affected States and Indian tribes, representatives 
of the rail transportation industry, and shippers of high-level 
radioactive waste and spent nuclear fuel, the Secretary [of 
Transportation] shall conduct a study comparing the safety of 
using trains operated only to transport high-level radioactive 
waste and spent nuclear fuel with the safety of using other 
methods of rail transportation for transporting that waste and 
fuel. The Secretary [of Transportation] shall submit to 
Congress not later than November 16, 1991, a report on the 
results of the study.
  (c) Safe Rail Transportation Regulations.--Not later than 
November 16, 1992, after considering the results of the study 
conducted under subsection (b) of this section, the Secretary 
[of Transportation] shall prescribe amendments to existing 
regulations that the Secretary considers appropriate to provide 
for the safe rail transportation of high-level radioactive 
waste and spent nuclear fuel, including trains operated only 
for transporting high-level radioactive waste and spent nuclear 
fuel.
  [(d) Routes and Modes Study.--Not later than November 16, 
1991, the Secretary of Transportation shall conduct a study to 
decide which factors, if any, shippers and carriers should 
consider when selecting routes and modes that would enhance 
overall public safety related to the transportation of high-
level radioactive waste and spent nuclear fuel. The study shall 
include--
          [(1) notice and opportunity for public comment; and
          [(2) an assessment of the degree to which at least 
        the following affect the overall public safety of the 
        transportation:
                  [(A) population densities.
                  [(B) types and conditions of modal 
                infrastructures (including highways, railbeds, 
                and waterways).
                  [(C) quantities of high-level radioactive 
                waste and spent nuclear fuel.
                  [(D) emergency response capabilities.
                  [(E) exposure and other risk factors.
                  [(F) terrain considerations.
                  [(G) continuity of routes.
                  [(H) available alternative routes.
                  [(I) environmental impact factors.]
  [(e)] (d) Inspections of Motor Vehicles Transporting Certain 
Material.--(1) Not later than November 16, 1991, the Secretary 
[of Transportation] shall require by regulation that before 
each use of a motor vehicle to transport a highway-route-
controlled quantity of radioactive material in commerce, the 
vehicle shall be inspected and certified as complying with this 
chapter and applicable United States motor carrier safety laws 
and regulations. The Secretary may require that the inspection 
be carried out by an authorized United States Government 
inspector or according to appropriate State procedures.
  (2) The Secretary [of Transportation] may allow a person, 
transporting or causing to be transported a highway-route-
controlled quantity of radioactive material, to inspect the 
motor vehicle used to transport the material and to certify 
that the vehicle complies with this chapter. The inspector 
qualification requirements the Secretary prescribes for an 
individual inspecting a motor vehicle apply to an individual 
conducting an inspection under this paragraph.

Sec. 5106. Handling criteria

  The Secretary [of Transportation] may prescribe criteria for 
handling hazardous material, including--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 5107. Hazmat employee training requirements and grants

  (a) Training Requirements.--The Secretary [of Transportation] 
shall prescribe by regulation requirements for training that a 
hazmat employer must give hazmat employees of the employer on 
the safe loading, unloading, handling, storing, and 
transporting of hazardous material and emergency preparedness 
for responding to an accident or incident involving the 
transportation of hazardous material. The regulations--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Beginning and Completing Training.--A hazmat employer 
shall begin the training of hazmat employees of the employer 
not later than 6 months after the Secretary [of Transportation] 
prescribes the regulations under subsection (a) of this 
section. The training shall be completed within a reasonable 
period of time after--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Certification of Training.--After completing the 
training, each hazmat employer shall certify, with 
documentation the Secretary [of Transportation] may require by 
regulation, that the hazmat employees of the employer have 
received training and have been tested on appropriate 
transportation areas of responsibility, including at least one 
of the following:
          (1) * * *

           *       *       *       *       *       *       *

  (d) Coordination of Training Requirements.--In consultation 
with the Administrator of the Environmental Protection Agency 
and the Secretary of Labor, the Secretary [of Transportation] 
shall ensure that the training requirements prescribed under 
this section do not conflict with or duplicate--
          (1) * * *

           *       *       *       *       *       *       *

  (f) Training of Certain Employees.--The Secretary shall 
ensure that maintenance-of-way employees and railroad signalmen 
receive general awareness/familiarization training and safety 
training pursuant to section 172.704 of title 49, Code of 
Federal Regulations.
  [(f)] (g) Relationship to Other Laws.--(1) Chapter 35 of 
title 44 does not apply to an activity of the Secretary [of 
Transportation] under subsections (a)-(d) of this section.
  (2) An action of the Secretary [of Transportation] under 
subsections (a)-(d) of this section and [sections 5106, 
5108(a)-(g)(1) and (h), and 5109 of this title] section 5106 is 
not an exercise, under section 4(b)(1) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of 
statutory authority to prescribe or enforce standards or 
regulations affecting occupational safety or health.
  [(g)] (h) Existing Effort.--No grant under subsection (e) 
shall supplant or replace existing employer-provided hazardous 
materials training efforts or obligations.

Sec. 5108. Registration

  (a) Persons Required to File.--(1) A person shall file a 
registration statement with the Secretary [of Transportation] 
under this subsection if the person is transporting or causing 
to be transported in commerce any of the following:
          (A) * * *
          (B) more than 25 kilograms of a [class A or B] 
        Division 1.1, 1.2, or 1.3 explosive in a motor vehicle, 
        rail car, or transport container.

           *       *       *       *       *       *       *

  (2) The Secretary [of Transportation] may require any of the 
following persons to file a registration statement with the 
Secretary under this subsection:
          (A) * * *
          (B) a person [manufacturing, fabricating, marking, 
        maintaining, reconditioning, repairing, or testing] 
        designing, manufacturing, fabricating, inspecting, 
        marking, maintaining, reconditioning, repairing, or 
        testing a package or container the person represents, 
        marks, certifies, or sells for use in transporting in 
        commerce hazardous material the Secretary designates.
    (3) A person required to file a registration statement 
under this subsection may transport or cause to be transported, 
or manufacture, fabricate, mark, maintain, recondition, repair, 
or test a package or container for use in transporting, 
hazardous material, only if the person has a statement on file 
as required by this subsection.
  (4) The Secretary may waive the filing of a registration 
statement, or the payment of a fee, required under this 
subsection, or both, for any person not domiciled in the United 
States who solely offers hazardous materials for transportation 
to the United States from a place outside the United States if 
the country of which such person is a domiciliary does not 
require persons domiciled in the United States who solely offer 
hazardous materials for transportation to the foreign country 
from places in the United States to file registration 
statements, or to pay fees, for making such an offer.
  (b) Form, Contents, and Limitation on Filings.--(1) A 
registration statement under subsection (a) of this section 
shall be in the form and contain information the Secretary [of 
Transportation] requires by regulation. The Secretary may use 
existing forms of the Department of Transportation and the 
Environmental Protection Agency to carry out this subsection. 
The statement shall include--
          (A) * * *

           *       *       *       *       *       *       *

  (c) [Filing Deadlines and Amendments.--] Filing Schedule.--
(1) Each person required to file a registration statement under 
subsection (a) of this section [must file the first] shall file 
that statement [not later than March 31, 1992. The Secretary of 
Transportation may extend that date to September 30, 1992, for 
activities referred to in subsection (a)(1) of this section.] 
in accordance with regulations issued by the Secretary. A 
person shall renew the statement periodically consistent with 
regulations the Secretary prescribes, but not more than once 
each year and not less than once every 5 years.
  (2) The Secretary [of Transportation] shall decide by 
regulation when and under what circumstances a registration 
statement must be amended and the procedures to follow in 
amending the statement.
  (d) Simplifying the Registration Process.--The Secretary [of 
Transportation] may take necessary action to simplify the 
registration process under subsections (a)-(c) of this section 
and to minimize the number of applications, documents, and 
other information a person is required to file under this 
chapter and other laws of the United States.
  (e) Cooperation With Administrator.--The Administrator of the 
Environmental Protection Agency shall assist the Secretary [of 
Transportation] in carrying out subsections (a)-(g)(1) and (h) 
of this section by providing the Secretary with information the 
Secretary requests to carry out the objectives of subsections 
(a)-(g)(1) and (h).
  (f) Availability of Statements.--The Secretary [of 
Transportation] shall make a registration statement filed under 
subsection (a) of this section available for inspection by any 
person for a fee the Secretary establishes. However, this 
subsection does not require the release of information 
described in section 552(b) of title 5 or otherwise protected 
by law from disclosure to the public.
  (g) Fees.--(1) The Secretary [of Transportation may] shall 
establish, impose, and collect from a person required to file a 
registration statement under subsection (a) of this section a 
fee necessary to pay for the costs of the Secretary in 
processing the statement.
  (2)(A) In addition to a fee established under paragraph (1) 
of this subsection, the Secretary [of Transportation] shall 
establish and impose by regulation and collect an annual fee. 
Subject to subparagraph (B) of this paragraph, the fee shall be 
at least $250 but not more than [$5,000] $3,000 from each 
person required to file a registration statement under this 
section. The Secretary shall determine the amount of the fee 
under this paragraph on at least one of the following:
          (i) * * *

           *       *       *       *       *       *       *

  (B) The Secretary [of Transportation] shall adjust the amount 
being collected under this paragraph to reflect any unexpended 
balance in the account established under section 5116(i) of 
this title. However, the Secretary is not required to refund 
any fee collected under this paragraph.
  (C) The Secretary [of Transportation] shall transfer to the 
Secretary of the Treasury amounts the Secretary of 
Transportation collects under this paragraph for deposit in the 
account the Secretary of the Treasury establishes under section 
5116(i) of this title.
          (3) Fees on exempt persons.--Notwithstanding 
        subsection (a)(4), the Secretary shall impose and 
        collect a fee of $25 from a person who is required to 
        register under this section but who is otherwise 
        exempted by the Secretary from paying any fee under 
        this section. The fee shall be used to pay the cost of 
        the Secretary in processing registration statements 
        filed by such persons.
  (h) Maintaining Proof of Filing and Payment of Fees.--The 
Secretary [of Transportation] may prescribe regulations 
requiring a person required to file a registration statement 
under subsection (a) of this section to maintain proof of the 
filing and payment of fees imposed under subsection (g) of this 
section.
  (i) Relationship to Other Laws.--(1) Chapter 35 of title 44 
does not apply to an activity of the Secretary [of 
Transportation] under subsections (a)-(g)(1) and (h) of this 
section.
  (2)(A) * * *
  (B) Subsections (a)-(h) of this section do not apply to a 
department, agency, or instrumentality of the United States 
Government, an authority of a State, Indian tribe, or political 
subdivision of a State, or an employee of a department, agency, 
instrumentality, or authority carrying out official duties.

Sec. 5109. Motor carrier safety permits

  (a) Requirement.--A motor carrier may transport or cause to 
be transported by motor vehicle in commerce hazardous material 
only if the carrier holds a safety permit the Secretary [of 
Transportation] issues under this section authorizing the 
transportation and keeps a copy of the permit, or other proof 
of its existence, in the vehicle. The Secretary shall issue a 
permit if the Secretary finds the carrier is fit, willing, and 
able--
          (1) * * *

           *       *       *       *       *       *       *

Sec. 5110. Shipping papers and disclosure

  (a) Providing Shipping Papers.--Each person offering for 
transportation in commerce hazardous material to which the 
shipping paper requirements of the Secretary [of 
Transportation] apply shall provide to the carrier providing 
the transportation a shipping paper that makes the disclosures 
the Secretary prescribes [under subsection (b) of this section] 
by regulation.

           *       *       *       *       *       *       *

  (e) Retention of Papers.--After the hazardous material to 
which a shipping paper provided to a carrier under subsection 
(a) applies is no longer in transportation, the person who 
provided the shipping paper and the carrier required to 
maintain it under subsection (a) shall retain the paper or 
electronic image thereof for a period of [1 year] 2 years after 
the date of preparation of the shipping paper to be accessible 
through their respective principal places of business. Such 
person and carrier shall, upon request, make the shipping paper 
available to a Federal, State, or local government agency at 
reasonable times and locations.

[Sec. 5111. Rail tank cars

  [A rail tank car built before January 1, 1971, may be used to 
transport hazardous material in commerce only if the air brake 
equipment support attachments of the car comply with the 
standards for attachments contained in sections 179.100-16 and 
179.200-19 of title 49, Code of Federal Regulations, in effect 
on November 16, 1990.]

Sec. 5112. Highway routing of hazardous material

  (a) Application.--(1) This section applies to a motor vehicle 
only if the vehicle is transporting hazardous material in 
commerce for which placarding of the vehicle is required under 
regulations prescribed under this chapter. However, the 
Secretary [of Transportation] by regulation may extend 
application of this section or a standard prescribed under 
subsection (b) of this section to--
          (A) * * *

           *       *       *       *       *       *       *

Sec. 5113. Unsatisfactory safety rating

  [See section 31144.] A person who violates section 
31144(c)(3) shall be subject to the penalties in sections 5123 
and 5124.

Sec. 5114. Air transportation of ionizing radiation material

  (a) * * *
  (b) Procedures.--The Secretary [of Transportation] shall 
prescribe procedures for monitoring and enforcing regulations 
prescribed under this section.

           *       *       *       *       *       *       *

Sec. 5115. Training curriculum for the public sector

  (a) Development and Updating.--Not later than November 16, 
1992, in coordination with the Director of the Federal 
Emergency Management Agency, Chairman of the Nuclear Regulatory 
Commission, Administrator of the Environmental Protection 
Agency, Secretaries of Labor, Energy, and Health and Human 
Services, and Director of the National Institute of 
Environmental Health Sciences, and using the existing 
coordinating mechanisms of the national response team and, for 
radioactive material, the Federal Radiological Preparedness 
Coordinating Committee, the Secretary of Transportation shall 
develop and update periodically a curriculum consisting of a 
list of courses necessary to train public sector emergency 
response and preparedness teams. Only in developing the 
curriculum, the Secretary [of Transportation] shall consult 
with regional response teams established under the national 
contingency plan established under section 105 of the 
Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9605), representatives of 
commissions established under section 301 of the Emergency 
Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
11001), persons (including governmental entities) that provide 
training for responding to accidents and incidents involving 
the transportation of hazardous material, and representatives 
of persons that respond to those accidents and incidents.
  (b) Requirements.--The curriculum developed under subsection 
(a) of this section--
          (1) shall include--
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) appropriate emergency response training 
                and planning programs for public sector 
                employees developed [under other United States 
                Government grant programs, including those] 
                with Federal financial assistance, including 
                programs developed with grants made under 
                section 126(g) of the Superfund Amendments and 
                Reauthorization Act of 1986 (42 U.S.C. 9660a); 
                and

           *       *       *       *       *       *       *

  (c) Training on Complying With Legal Requirements.--A 
recommended basic course described in subsection (b)(1)(B) of 
this section shall provide the training necessary for public 
sector employees to comply with--
          (1) * * *

           *       *       *       *       *       *       *

          (3) standards related to emergency response training 
        prescribed by the National Fire Protection Association 
        and such other voluntary consensus standard-setting 
        organizations as the Secretary determines appropriate.
  (d) Distribution and Publication.--With the [national 
response team] National Response Team--
          (1) the [Director of the Federal Emergency Management 
        Agency] Secretary shall distribute the curriculum and 
        any updates to the curriculum to the regional response 
        teams and all committees and commissions established 
        under section 301 of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11001); 
        and
          (2) the Secretary [of Transportation] may publish and 
        distribute a list of [programs that uses a course 
        developed under this section for training public sector 
        employees to respond to an accident or incident 
        involving the transportation of hazardous material] 
        programs and courses developed under this section.

Sec. 5116. Planning and training grants, monitoring, and review

  (a) Planning Grants.--(1) The Secretary [of Transportation] 
shall make grants to States and Indian tribes--
          (A) * * *

           *       *       *       *       *       *       *

  (2) The Secretary [of Transportation] may make a grant to a 
State or Indian tribe under paragraph (1) of this subsection in 
a fiscal year only if--
          (A) * * *

           *       *       *       *       *       *       *

  (b) Training Grants.--(1) The Secretary [of Transportation] 
shall make grants to States and Indian tribes to train public 
sector employees to respond to accidents and incidents 
involving hazardous material.
  (2) The Secretary [of Transportation] may make a grant under 
paragraph (1) of this subsection in a fiscal year--
          (A) * * *

           *       *       *       *       *       *       *

  (3) A grant under this subsection may be used--
          (A) * * *

           *       *       *       *       *       *       *

          (C) to make an agreement the Secretary [of 
        Transportation] approves authorizing a person 
        (including an authority of a State or political 
        subdivision of a State or Indian tribe) to provide the 
        training--
                  (i) * * *

           *       *       *       *       *       *       *

  (4) The Secretary [of Transportation] shall allocate amounts 
made available for grants under this subsection for a fiscal 
year among eligible States and Indian tribes based on the needs 
of the States and tribes for emergency response training. In 
making a decision about those needs, the Secretary shall 
consider--
          (A) * * *

           *       *       *       *       *       *       *

          (D) whether the fee is used only to carry out a 
        purpose related to transporting hazardous material; 
        [and]
          (E) the report submitted by the State to the 
        Secretary under section 5125(f)(2); and
          [(E)] (F) other factors the Secretary decides are 
        appropriate to carry out this subsection.
  (c) Compliance With Certain Law.--The Secretary [of 
Transportation] may make a grant to a State or Indian tribe 
under this section in a fiscal year only if the State or Indian 
tribe certifies that (1) the State or Indian tribe is complying 
with all applicable requirements of this chapter (including 
section 5125(f)), and (2) in the case of a State, the State 
complies with sections 301 and 303 of the Emergency Planning 
and Community Right-To-Know Act of 1986 (42 U.S.C. 11001, 
11003).
  (d) Applications.--A State or Indian tribe interested in 
receiving a grant under this section shall submit an 
application to the Secretary [of Transportation]. The 
application must be submitted at the time, and contain 
information, the Secretary requires by regulation to carry out 
the objectives of this section.
  (e) Government's Share of Costs.--A grant under this section 
is for 80 percent of the cost the State or Indian tribe incurs 
in the fiscal year to carry out the activity for which the 
grant is made. [Amounts of the State or tribe under subsections 
(a)(2)(A) and (b)(2)(A) of this section are not part of the 
non-Government share under this subsection.] Amounts received 
by the State or tribe under subsections (a)(1) and (b)(1) are 
not part of the non-Government share under this subsection.
  (f) Monitoring and Technical Assistance.--In coordination 
with the [Secretaries of Transportation and Energy,] Secretary 
of Energy, Director of the Federal Emergency Management Agency, 
Administrator of the Environmental Protection Agency, and 
Director of the National Institute of Environmental Health 
Sciences, the [Director of the Federal Emergency Management 
Agency shall] Secretary of Transportation shall monitor public 
sector emergency response planning and training for an accident 
or incident involving hazardous material. Considering the 
results of the monitoring, [the Secretaries, Administrator, and 
Directors each shall] the Secretary shall provide technical 
assistance to a State, political subdivision of a State, or 
Indian tribe for carrying out emergency response training and 
planning for an accident or incident involving hazardous 
material and shall coordinate the assistance using the existing 
coordinating mechanisms of the [national response team] 
National Response Team and, for radioactive material, the 
Federal Radiological Preparedness Coordinating Committee.
  (g) Delegation of Authority.--To minimize administrative 
costs and to coordinate [Government grant programs] Federal 
financial assistance for emergency response training and 
planning, the Secretary of Transportation may delegate to the 
Directors of the Federal Emergency Management Agency and 
National Institute of Environmental Health Sciences, Chairman 
of the Nuclear Regulatory Commission, Administrator of the 
Environmental Protection Agency, and Secretaries of Labor and 
Energy any of the following:
          (1) * * *

           *       *       *       *       *       *       *

  (i) [Annual Registration Fee Account and Its Uses.--] 
Hazardous Materials Emergency Preparedness Fund.--The Secretary 
of the Treasury shall establish an account in the Treasury, to 
be known as the ``Hazardous Materials Emergency Preparedness 
Fund'', into which the Secretary of the Treasury shall deposit 
amounts the Secretary of Transportation collects under [section 
5108(g)(2)(A) of this title and transfers to the Secretary of 
the Treasury under section 5108(g)(2)(C) of this title] this 
chapter. Without further appropriation, amounts in the account 
are available--
          (1) to make grants under this section;
          (2) to monitor and provide technical assistance under 
        subsection (f) of this section; [and]
          (3) to publish and distribute the Emergency Response 
        Guidebook; and
          [(3)] (4) to pay administrative costs of carrying out 
        this section and sections 5108(g)(2) and 5115 of this 
        title, except that not more than 10 percent of the 
        amounts made available from the account in a fiscal 
        year may be used to pay those costs.

           *       *       *       *       *       *       *

  (k) Reports.--[Not later than September 30, 1997, the 
Secretary shall submit to Congress a report on the allocation 
and uses of training grants authorized under subsection (b) for 
fiscal year 1993 through fiscal year 1996 and grants authorized 
under subsection (j) and section 5107 for fiscal years 1995 and 
1996. Such] The Secretary shall submit to Congress and make 
available to the public annually a report on the allocation and 
uses of planning grants under subsection (a), training grants 
under subsection (b), and grants under subsection (j) and under 
section 5107. The report shall identify the ultimate recipients 
of training grants and include a detailed accounting of all 
grant expenditures by grant recipients, the number of persons 
trained under the grant programs, and an evaluation of the 
efficacy of training programs carried out.

[Sec. 5117. Exemptions and exclusions]

Sec. 5117. Special permits and exclusions

  (a) Authority To [Exempt] Issue Special Permits.--(1) As 
provided under procedures prescribed by regulation, the 
Secretary [of Transportation] may issue [an exemption], modify, 
or terminate a special permit authorizing a variance from this 
chapter or a regulation prescribed under section 5103(b), 5104, 
5110, or 5112 of this title to a person [transporting, or 
causing to be transported, hazardous material] performing a 
function regulated by the Secretary under section 5103(b)(1) in 
a way that achieves a safety level--
          (A) * * *

           *       *       *       *       *       *       *

  [(2) An exemption under this subsection is effective for not 
more than 2 years and may be renewed on application to the 
Secretary.]
  (2) A special permit issued under this section shall be 
effective for an initial period of not more than 2 years and 
may be renewed by the Secretary upon application for an 
additional period of not more than 4 years or, in the case of a 
special permit relating to section 5112, for an additional 
period of not more than 2 years.
  (b) Applications.--When applying for [an exemption] a special 
permit or renewal of [an exemption] a special permit under this 
section, the person must provide a safety analysis prescribed 
by the Secretary that justifies [the exemption] the special 
permit. The Secretary shall publish in the Federal Register 
notice that an application for [an exemption] a special permit 
has been filed and shall give the public an opportunity to 
inspect the safety analysis and comment on the application. 
This subsection does not require the release of information 
protected by law from public disclosure.
  (c) Applications To Be Dealt With Promptly.--The Secretary 
shall issue or renew [the exemption] the special permit for 
which an application was filed or deny such issuance or renewal 
within 180 days after the first day of the month following the 
date of the filing of such application, or the Secretary shall 
publish a statement in the Federal Register of the reason why 
the Secretary's decision on [the exemption] the special permit 
is delayed, along with an estimate of the additional time 
necessary before the decision is made.
          * * * * * * *
  (e) Limitation on Authority.--Unless the Secretary decides 
that an emergency exists, [an exemption] a special permit or 
renewal granted under this section is the only way a person 
subject to this chapter may [be exempt] be granted a variance 
from this chapter.

[Sec. 5118. Inspectors

  [(a) General Requirement.--The Secretary of Transportation 
shall maintain the employment of 30 hazardous material safety 
inspectors more than the total number of safety inspectors 
authorized for the fiscal year that ended September 30, 1990, 
for the Federal Railroad Administration, the Federal Highway 
Administration, and the Research and Special Programs 
Administration.
  [(b) Allocation To Promote Safety in Transporting Radioactive 
Material.--(1) The Secretary shall ensure that 10 of the 30 
additional inspectors focus on promoting safety in transporting 
radioactive material, as defined by the Secretary, including 
inspecting--
          [(A) at the place of origin, shipments of high-level 
        radioactive waste or nuclear spent material (as those 
        terms are defined in section 5105(a) of this title); 
        and
          [(B) to the maximum extent practicable shipments of 
        radioactive material that are not high-level 
        radioactive waste or nuclear spent material.
  [(2) In carrying out their duties, those 10 additional 
inspectors shall cooperate to the greatest extent possible with 
safety inspectors of the Nuclear Regulatory Commission and 
appropriate State and local government officials.
  [(3) Those 10 additional inspectors shall be allocated as 
follows:
          [(A) one to the Pipeline and Hazardous Materials 
        Safety Administration.
          [(B) 3 to the Federal Railroad Administration.
          [(C) 3 to the Federal Highway Administration.
          [(D) the other 3 among the administrations referred 
        to in clauses (A)-(C) of this paragraph as the 
        Secretary decides.
  [(c) Allocation of Other Inspectors.--The Secretary shall 
allocate, as the Secretary decides, the 20 additional 
inspectors authorized under this section and not allocated 
under subsection (b) of this section among the administrations 
referred to in subsection (b)(3)(A)-(C) of this section.

[Sec. 5119. Uniform forms and procedures

  [(a) Working Group.--The Secretary of Transportation shall 
establish a working group of State and local government 
officials, including representatives of the National Governors' 
Association, the National Association of Counties, the National 
League of Cities, the United States Conference of Mayors, and 
the National Conference of State Legislatures. The purposes of 
the working group are--
          [(1) to establish uniform forms and procedures for a 
        State--
                  [(A) to register persons that transport or 
                cause to be transported hazardous material by 
                motor vehicle in the State; and
                  [(B) to allow the transportation of hazardous 
                material in the State; and
          [(2) to decide whether to limit the filing of any 
        State registration and permit forms and collection of 
        filing fees to the State in which the person resides or 
        has its principal place of business.
  [(b) Consultation and Reporting.--The working group--
          [(1) shall consult with persons subject to 
        registration and permit requirements described in 
        subsection (a) of this section; and
          [(2) not later than November 16, 1993, shall submit 
        to the Secretary, the Committee on Commerce, Science, 
        and Transportation of the Senate, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a final report that contains--
                  [(A) a detailed statement of its findings and 
                conclusions; and
                  [(B) its joint recommendations on the matters 
                referred to in subsection (a) of this section.
  [(c) Regulations on Recommendations.--(1) The Secretary shall 
prescribe regulations to carry out the recommendations 
contained in the report submitted under subsection (b) of this 
section with which the Secretary agrees. The regulations shall 
be prescribed by the later of the last day of the 3-year period 
beginning on the date the working group submitted its report or 
the last day of the 90-day period beginning on the date on 
which at least 26 States adopt all of the recommendations of 
the report. A regulation prescribed under this subsection may 
not define or limit the amount of a fee a State may impose or 
collect.
  [(2) A regulation prescribed under this subsection takes 
effect one year after it is prescribed. The Secretary may 
extend the one-year period for an additional year for good 
cause. After a regulation is effective, a State may establish, 
maintain, or enforce a requirement related to the same subject 
matter only if the requirement is the same as the regulation.
  [(3) In consultation with the working group, the Secretary 
shall develop a procedure to eliminate differences in how 
States carry out a regulation prescribed under this subsection.
  [(d) Relationship to Other Laws.--The Federal Advisory 
Committee Act (5 App. U.S.C.) does not apply to the working 
group.]

Sec. 5119. Uniform forms and procedures

  (a) Establishment of Working Group.--The Secretary shall 
establish a working group of State and local government 
officials, including representatives of the National Governors' 
Association, the National Association of Counties, the National 
League of Cities, the United States Conference of Mayors, the 
National Conference of State Legislatures, and the Alliance for 
Uniform Hazmat Transportation Procedures.
  (b) Purpose of Working Group.--The purpose of the working 
group shall be to establish uniform forms and procedures for a 
State to register, and to issue permits to, persons that 
transport, or cause to be transported, hazardous material by 
motor vehicle in the State.
  (c) Limitation on Working Group.--The working group may not 
propose to define or limit the amount of a fee a State may 
impose or collect.
  (d) Procedure.--The Secretary shall develop a procedure by 
which the working group shall harmonize existing State 
registration and permit laws and regulations relating to the 
transportation of hazardous materials, with special attention 
paid to each State's unique safety concerns and interest in 
maintaining strong hazmat safety standards.
  (e) Report of Working Group.--Not later than 18 months after 
the date of enactment of this subsection, the working group 
shall transmit to the Secretary a report containing 
recommendations for establishing uniform forms and procedures 
described in subsection (b).
  (f) Regulations.--Not later than 2 years after the date of 
enactment of this subsection, the Secretary shall issue 
regulations to carry out such recommendations of the working 
group as the Secretary considers appropriate.
  (g) Limitation on Statutory Construction.--Nothing in this 
section shall be construed as prohibiting a State from 
voluntarily participating in a program of uniform forms and 
procedures until such time as the Secretary issues regulations 
under subsection (f).

Sec. 5120. International uniformity of standards and requirements

  (a) * * *
  (b) Consultation.--The Secretary [of Transportation] may 
consult with interested authorities to ensure that, to the 
extent practicable, regulations the Secretary prescribes under 
sections 5103(b), 5104, 5110, and 5112 of this title are 
consistent with standards and requirements related to 
transporting hazardous material that international authorities 
adopt.
  (c) Differences With International Standards and 
Requirements.--This section--
          (1) does not require the Secretary [of 
        Transportation] to prescribe a standard or requirement 
        identical to a standard or requirement adopted by an 
        international authority if the Secretary decides the 
        standard or requirement is unnecessary or unsafe; and
          (2) does not prohibit the Secretary from prescribing 
        a safety standard or requirement more stringent than a 
        standard or requirement [included in a standard] 
        adopted by an international authority if the Secretary 
        decides the standard or requirement is necessary in the 
        public interest.

Sec. 5121. Administrative

  (a) General Authority.--To carry out this chapter, the 
Secretary [of Transportation] may investigate, conduct tests, 
make reports, issue subpenas, conduct hearings, require the 
production of records and property, take depositions, and 
conduct research, development, demonstration, and training 
activities. [After] Except as provided in subsections (c) and 
(d), after notice and an opportunity for a hearing, the 
Secretary may issue an order requiring compliance with this 
chapter or a [regulation prescribed] regulation, order, special 
permit, or approval issued under this chapter.
  (b) Records, Reports, and Information.--A person subject to 
this chapter shall--
          (1) maintain records and property, make reports, and 
        provide information the Secretary by regulation or 
        order requires; and
          (2) make the records, property, reports, and 
        information available for inspection when the Secretary 
        [requests] undertakes an investigation or makes a 
        request.
  [(c) Inspection.--(1) The Secretary may authorize an officer, 
employee, or agent to inspect, at a reasonable time and in a 
reasonable way, records and property related to--
          [(A) manufacturing, fabricating, marking, 
        maintaining, reconditioning, repairing, testing, or 
        distributing a packaging or a container for use by a 
        person in transporting hazardous material in commerce; 
        or
          [(B) the transportation of hazardous material in 
        commerce.
  [(2) An officer, employee, or agent under this subsection 
shall display proper credentials when requested.]
  (c) Inspections and Investigations.--
          (1) In general.--A designated officer, employee, or 
        agent of the Secretary--
                  (A) may inspect and investigate, at a 
                reasonable time and in a reasonable manner, 
                records and property relating to a function 
                described in section 5103(b)(1);
                  (B) except in the case of packaging 
                immediately adjacent to its hazardous material 
                contents, may gain access to, open, and examine 
                a package offered for, or in, transportation 
                when the officer, employee, or agent has an 
                objectively reasonable and articulable belief 
                that the package may contain a hazardous 
                material;
                  (C) may remove from transportation a package 
                or related packages in a shipment offered for 
                or in transportation for which--
                          (i) such officer, employee, or agent 
                        has an objectively reasonable and 
                        articulable belief that the package may 
                        pose an imminent hazard; and
                          (ii) such officer, employee, or agent 
                        contemporaneously documents such belief 
                        in accordance with procedures set forth 
                        in guidance or regulations prescribed 
                        under subsection (e);
                  (D) may gather information from the offeror, 
                carrier, packaging manufacturer or retester, or 
                other person responsible for the package, to 
                ascertain the nature and hazards of the 
                contents of the package;
                  (E) as necessary, under terms and conditions 
                specified by the Secretary, may order the 
                offeror, carrier, packaging manufacturer or 
                retester, or other person responsible for the 
                package to have the package transported to, 
                opened, and the contents examined and analyzed, 
                at a facility appropriate for the conduct of 
                such examination and analysis; and
                  (F) when safety might otherwise be 
                compromised, may authorize properly qualified 
                personnel to assist in the activities conducted 
                under this subsection.
          (2) Display of credentials.--An officer, employee, or 
        agent acting under this subsection shall display proper 
        credentials when requested.
          (3) Safe resumption of transportation.--In instances 
        when, as a result of an inspection or investigation 
        under this subsection, an imminent hazard is not found 
        to exist, the Secretary, in accordance with procedures 
        set forth in regulations prescribed under subsection 
        (e), shall assist--
                  (A) in the safe resumption of transportation 
                of the package concerned; or
                  (B) in any case in which the hazardous 
                material being transported is perishable, in 
                the safe and expeditious resumption of 
                transportation of the perishable hazardous 
                material.
  (d) Emergency Orders.--
          (1) In general.--If, upon inspection, investigation, 
        testing, or research, the Secretary determines that 
        either a violation of a provision of this chapter or a 
        regulation issued under this chapter, or an unsafe 
        condition or practice, constitutes or is causing an 
        imminent hazard, the Secretary may issue an emergency 
        order, without notice or the opportunity for a hearing, 
        but only to the extent necessary to abate the imminent 
        hazard.
          (2) Written orders.--An emergency order issued under 
        paragraph (1) shall be in writing, describe the 
        violation, condition, or practice that is causing the 
        imminent hazard, and state the restrictions, 
        prohibitions, recalls, or out-of-service orders issued. 
        The emergency order also shall describe the standards 
        and procedures for obtaining relief from the order.
          (3) Opportunity for review.--After issuing an 
        emergency order under paragraph (1), the Secretary 
        shall provide an opportunity for review of the order 
        under section 554 of title 5 if a petition for review 
        is filed within 20 calendar days after the date of 
        issuance of the order.
          (4) Expiration of effectiveness of emergency order.--
        If a petition for review is filed for an order and the 
        review is not completed by the end of the 30-day period 
        beginning on the date the petition was filed, the order 
        shall cease to be effective at the end of that period 
        unless the Secretary determines in writing that the 
        emergency situation still exists.
  (e) Regulations.--
          (1) Temporary regulations.--Not later than 60 days 
        after the date of enactment of the Transportation 
        Equity Act: A Legacy for Users, the Secretary shall 
        issue temporary regulations to carry out subsections 
        (c) and (d). The temporary regulations shall expire on 
        the date of issuance of the regulations under paragraph 
        (2).
          (2) Final regulations.--Not later than 1 year after 
        such date of enactment, the Secretary shall issue 
        regulations to carry out subsections (c) and (d) in 
        accordance with subchapter II of chapter 5 of title 5.
  [(d)] (f) Facility, Staff, and Reporting System on Risks, 
Emergencies, and Actions.--(1) * * *

           *       *       *       *       *       *       *

  [(e)] (g) Report.--The Secretary shall, once every 2 years, 
prepare and [submit to the President for transmittal to the 
Congress] transmit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a comprehensive report on the transportation of 
hazardous materials during the preceding 2 calendar years. The 
report shall include--
          (1) * * *
          * * * * * * *
          (4) an evaluation of the effectiveness of enforcement 
        activities relating to a function regulated by the 
        Secretary under section 5103(b)(1) and the degree of 
        voluntary compliance with regulations;
          * * * * * * *

Sec. 5122. Enforcement

  (a) General.--At the request of the Secretary [of 
Transportation], the Attorney General may bring a civil action 
in an appropriate district court of the United States to 
enforce this chapter or a regulation prescribed or order issued 
under this chapter. [The court may award appropriate relief, 
including punitive damages.] The court may award appropriate 
relief, including a temporary or permanent injunction, punitive 
damages, and assessment of civil penalties considering the same 
penalty amounts and factors as prescribed for the Secretary in 
an administrative case under section 5123.
  (b) Imminent Hazards.--(1) If the Secretary has reason to 
believe that an imminent hazard exists, the Secretary may bring 
a civil action in an appropriate district court of the United 
States--
          (A) * * *
          (B) to eliminate [or ameliorate the] or mitigate the 
        hazard.
          * * * * * * *

Sec. 5123. Civil penalty

  (a) Penalty.--(1) A person that knowingly violates this 
chapter or a [regulation prescribed or order issued] 
regulation, order, special permit, or approval issued under 
this chapter is liable to the United States Government for a 
civil penalty of at least $250 but not more than [$25,000] 
$50,000 for each violation. A person acts knowingly when--
          (A) * * *
          * * * * * * *
  (2) If the Secretary finds that a violation under paragraph 
(1) results in death, serious illness, or severe injury to any 
person or substantial destruction of property, the Secretary 
may increase the amount of the civil penalty for such violation 
to not more than $100,000.
  [(2)] (3) A separate violation occurs for each day the 
violation, committed by a person that transports or causes to 
be transported hazardous material, continues.
  (b) Hearing Requirement.--The Secretary [of Transportation] 
may find that a person has violated this chapter or a 
[regulation prescribed] regulation, order, special permit, or 
approval issued under this chapter only after notice and an 
opportunity for a hearing. The Secretary shall impose a penalty 
under this section by giving the person written notice of the 
amount of the penalty.
          * * * * * * *
  (d) Civil Actions To Collect.--The Attorney General may bring 
a civil action in an appropriate district court of the United 
States to collect a civil penalty under this section. In such 
action, the validity, amount, and appropriateness of the civil 
penalty shall not be subject to review.
  (e) Compromise.--The Secretary may compromise the amount of a 
civil penalty imposed under this section [before referral to 
the Attorney General].
          * * * * * * *

[Sec. 5124. Criminal penalty

  [A person knowingly violating section 5104(b) of this title 
or willfully violating this chapter or a regulation prescribed 
or order issued under this chapter shall be fined under title 
18, imprisoned for not more than 5 years, or both.]

Sec. 5124. Criminal penalty

  (a) In General.--A person knowingly violating section 5104(b) 
or willfully or recklessly violating this chapter or a 
regulation, order, special permit, or approval issued under 
this chapter shall be fined under title 18, imprisoned for not 
more than 5 years, or both; except that the maximum amount of 
imprisonment shall be 10 years in any case in which the 
violation involves the release of a hazardous material that 
results in death or bodily injury to any person.
  (b) Knowing Violations.--For purposes of this section--
          (1) a person acts knowingly when--
                  (A) the person has actual knowledge of the 
                facts giving rise to the violation; or
                  (B) a reasonable person acting in the 
                circumstances and exercising reasonable care 
                would have that knowledge; and
          (2) knowledge of the existence of a statutory 
        provision, or a regulation or a requirement required by 
        the Secretary, is not an element of an offense under 
        this section.
  (c) Willful Violations.--For purposes of this section, a 
person acts willfully when--
          (1) the person has knowledge of the facts giving rise 
        to the violation; and
          (2) the person has knowledge that the conduct was 
        unlawful.
  (d) Reckless Violations.--For purposes of this section, a 
person acts recklessly when the person displays a deliberate 
indifference or conscious disregard to the consequences of that 
person's conduct.

Sec. 5125. Preemption

  (a) [General.--] Dual Compliance and Obstacle Tests.--Except 
as provided in subsections (b), (c), and (e) of this section 
and unless authorized by another law of the United States, a 
requirement of a State, political subdivision of a State, or 
Indian tribe is preempted if--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Substantive Differences.--(1) * * *
  (2) If the Secretary [of Transportation] prescribes or has 
prescribed under section 5103(b), 5104, 5110, or 5112 of this 
title or prior comparable provision of law a regulation or 
standard related to a subject referred to in paragraph (1) of 
this subsection, a State, political subdivision of a State, or 
Indian tribe may prescribe, issue, maintain, and enforce only a 
law, regulation, standard, or order about the subject that is 
substantively the same as a provision of this chapter or a 
regulation prescribed or order issued under this chapter. The 
Secretary shall decide on and publish in the Federal Register 
the effective date of section 5103(b) of this title for any 
regulation or standard about any of those subjects that the 
Secretary prescribes [after November 16, 1990]. However, the 
effective date may not be earlier than 90 days after the 
Secretary prescribes the regulation or standard nor later than 
the last day of the 2-year period beginning on the date the 
Secretary prescribes the regulation or standard.

           *       *       *       *       *       *       *

  (d) Decisions on Preemption.--(1) A person (including a 
State, political subdivision of a State, or Indian tribe) 
directly affected by a requirement of a State, political 
subdivision, or tribe may apply to the Secretary, as provided 
by regulations prescribed by the Secretary, for a decision on 
whether the requirement is preempted by subsection (a), (b)(1), 
or (c) of this section. The Secretary shall publish notice of 
the application in the Federal Register. The Secretary shall 
issue and publish in the Federal Register a decision on an 
application for a determination within 180 days after the date 
of the publication of the notice of having received such 
application, or the Secretary shall publish a statement in the 
Federal Register of the reason why the Secretary's decision on 
the application is delayed, along with an estimate of the 
additional time necessary before the decision is made. After 
notice is published, an applicant may not seek judicial relief 
on the same or substantially the same issue until the Secretary 
takes final action on the application or until 180 days after 
the application is filed, whichever occurs first.

           *       *       *       *       *       *       *

  [(f) Judicial Review.--A party to a proceeding under 
subsection (d) or (e) of this section may bring a civil action 
in an appropriate district court of the United States for 
judicial review of the decision of the Secretary not later than 
60 days after the decision becomes final.]
  [(g)] (f) Fees.--(1) * * *
  (2) A State or political subdivision thereof or Indian tribe 
that levies a fee in connection with the transportation of 
hazardous materials shall, upon the Secretary's request, report 
to the Secretary on--
          (A) the basis on which the fee is levied upon persons 
        involved in such transportation;
          (B) the purposes for which the revenues from the fee 
        are used;
          (C) the annual total amount of the revenues collected 
        from the fee; and
          (D) such other matters as the Secretary requests.
  (g) Independent Application of Each Standard.--Subsections 
(b), (c)(1), (d), and (g) are independent in their application 
to a requirement of any State, political subdivision of a 
State, or Indian tribe and shall be reviewed independently.

Sec. 5126. Relationship to other laws

  (a) Contracts.--A person under contract with a department, 
agency, or instrumentality of the United States Government that 
transports or causes to be transported hazardous material, or 
manufactures, fabricates, marks, maintains, reconditions, 
repairs, or tests a package or container that the person 
represents, marks, certifies, or sells as qualified for use in 
transporting hazardous material [must comply] shall comply with 
this chapter, regulations prescribed and orders issued under 
this chapter, and all other requirements of the Government, 
State and local governments, and Indian tribes (except a 
requirement preempted by a law of the United States) in the 
same way and to the same extent that any person engaging in 
that transportation, manufacturing, fabricating, marking, 
maintenance, reconditioning, repairing, or testing that is in 
or affects commerce must comply with the provision, regulation, 
order, or requirement.

           *       *       *       *       *       *       *

[Sec. 5127. Authorization of appropriations

  [(a) General.--Not more than $18,000,000 may be appropriated 
to the Secretary of Transportation for fiscal year 1993, 
$18,000,000 for fiscal year 1994, $18,540,000 for fiscal year 
1995, $19,100,000 for fiscal year 1996, and $19,670,000 for 
fiscal year 1997 to carry out this chapter (except sections 
5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119).
  [(b) Training of Hazmat Employee Instructors.--(1) There is 
authorized to be appropriated to the Secretary $3,000,000 for 
each of fiscal years 1995, 1996, 1997, and 1998 to carry out 
section 5107(e).
          [(2)(A) There shall be available to the Secretary for 
        carrying out section 5116(j), from amounts in the 
        account established pursuant to section 5116(i), 
        $250,000 for each of fiscal years 1995, 1996, 1997, and 
        1998.
          [(B) In addition to amounts made available under 
        subparagraph (A), there is authorized to be 
        appropriated to the Secretary for carrying out section 
        5116(j) $1,000,000 for each of the fiscal years 1995, 
        1996, 1997, and 1998.
  [(c) Training Curriculum.--(1) Not more than $1,000,000 is 
available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for each of the 
fiscal years ending September 30, 1993-1998, to carry out 
section 5115 of this title.
  [(2) The Secretary of Transportation may transfer to the 
Director of the Federal Emergency Management Agency from 
amounts available under this subsection amounts necessary to 
carry out section 5115(d)(1) of this title.
  [(d) Planning and Training.--(1) Not more than $5,000,000 is 
available to the Secretary of Transportation from the account 
established under section 5116(i) of this title for each of the 
fiscal years ending September 30, 1993-1998, to carry out 
section 5116(a) of this title.
  [(2) Not more than $7,800,000 is available to the Secretary 
of Transportation from the account established under section 
5116(i) of this title for each of the fiscal years ending 
September 30, 1993-1998, to carry out section 5116(b) of this 
title.
  [(3) Not more than the following amounts are available from 
the account established under section 5116(i) of this title for 
each of the fiscal years ending September 30, 1993-1998, to 
carry out section 5116(f) of this title:
          [(A) $750,000 each to the Secretaries of 
        Transportation and Energy, Administrator of the 
        Environmental Protection Agency, and Director of the 
        Federal Emergency Management Agency.
          [(B) $200,000 to the Director of the National 
        Institute of Environmental Health Sciences.
  [(e) Uniform Forms and Procedures.--Not more than $400,000 
may be appropriated to the Secretary of Transportation for the 
fiscal year ending September 30, 1993, to carry out section 
5119 of this title.
  [(f) Credits to Appropriations.--The Secretary of 
Transportation may credit to any appropriation to carry out 
this chapter an amount received from a State, Indian tribe, or 
other public authority or private entity for expenses the 
Secretary incurs in providing training to the State, authority, 
or entity.
  [(g) Availability of Amounts.--Amounts available under 
subsections (c)-(e) of this section remain available until 
expended.]

Sec. 5127. Judicial review

  (a) Filing and Venue.--Except as provided in section 
20114(c), a person adversely affected or aggrieved by a final 
action of the Secretary under this chapter may petition for 
review of the final action in the United States Court of 
Appeals for the District of Columbia or in the court of appeals 
for the United States for the circuit in which the person 
resides or has its principal place of business. The petition 
must be filed not more than 60 days after the Secretary's 
action becomes final.
  (b) Judicial Procedures.--When a petition is filed under 
subsection (a), the clerk of the court immediately shall send a 
copy of the petition to the Secretary. The Secretary shall file 
with the court a record of any proceeding in which the final 
action was issued, as provided in section 2112 of title 28.
  (c) Authority of Court.--The court has exclusive 
jurisdiction, as provided in subchapter II of chapter 5 of 
title 5, to affirm or set aside any part of the Secretary's 
final action and may order the Secretary to conduct further 
proceedings. Findings of fact by the Secretary, if supported by 
substantial evidence, are conclusive.
  (d) Requirement for Prior Objection.--In reviewing a final 
action under this section, the court may consider an objection 
to a final action of the Secretary only if the objection was 
made in the course of a proceeding or review conducted by the 
Secretary or if there was a reasonable ground for not making 
the objection in the proceeding.

Sec. 5128. Authorizations of appropriations

  (a) In General.--In order to carry out this chapter (except 
sections 5107(e), 5108(g)(2), 5113, 5115, 5116, and 5119), the 
following amounts are authorized to be appropriated to the 
Secretary:
          (1) For fiscal year 2005, $27,000,000.
          (2) For fiscal year 2006, $29,000,000.
          (3) For fiscal year 2007, $30,000,000.
  (b) Emergency Preparedness Fund.--There shall be available to 
the Secretary, from the account established pursuant to section 
5116(i), for each of fiscal years 2005 through 2007 the 
following:
          (1) To carry out section 5115, $200,000.
          (2) To carry out section 5116(a), $8,000,000.
          (3) To carry out section 5116(b), $13,800,000.
          (4) To carry out section 5116(f), $150,000.
          (5) To publish and distribute the Emergency Response 
        Guidebook under section 5116(i)(3), $500,000.
          (6) To pay administrative expenses in accordance with 
        section 5116(i)(4), $150,000.
          (7) To carry out section 5116(j), $1,000,000.
  (c) Training of Hazmat Employee Instructors.--There shall be 
available to the Secretary, from the account established 
pursuant to section 5116(i), to carry out section 5107(e) 
$4,000,000 for each of fiscal years 2005 through 2007.
  (d) Uniform Forms and Procedures.--There is authorized to be 
appropriated to the Secretary for making grants to States 
participating in the working group established under section 
5119 $1,000,000 for each of the fiscal years 2005 and 2006.
  (e) Issuance of Hazmat Licenses.--There are authorized to be 
appropriated for the Department of Transportation such amounts 
as may be necessary to carry out section 5103a.
  (f) Credits to Appropriations.--The Secretary may credit to 
any appropriation to carry out this chapter an amount received 
from a State, Indian tribe, or other public authority or 
private entity for expenses the Secretary incurs in providing 
training to the State, authority, or entity.
  (g) Availability of Amounts.--Amounts made available by or 
under this section remain available until expended.

        CHAPTER 52--TRANSPORTATION PLANNING AND PROJECT DELIVERY

                     Subchapter A--General provisions

Sec.
5201. Definitions.

        Subchapter B--Transportation planning and Project delivery

5211. Policy.
5212. Definitions.
5213. Metropolitan transportation planning.
5214. Statewide transportation planning.

        Subchapter C--Efficient environmental reviews for Project 
                             decisionmaking

5251. Definitions and applicability.
5252. Project development procedures.

                    SUBCHAPTER A--GENERAL PROVISIONS

Sec. 5201. Definitions

  In this chapter, the following definitions apply:
          (1) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
          (2) State.--The term ``State'' means a State of the 
        United States, the District of Columbia, and Puerto 
        Rico.

       SUBCHAPTER B--TRANSPORTATION PLANNING AND PROJECT DELIVERY

Sec. 5211. Policy

  (a) In General.--It is in the national interest to--
          (1) encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility 
        needs of people and freight and foster economic growth 
        and development within and between States and urbanized 
        areas, while minimizing transportation-related fuel 
        consumption and air pollution through metropolitan and 
        statewide transportation planning processes identified 
        in this chapter; and
          (2) encourage the continued improvement and evolution 
        of the metropolitan and statewide transportation 
        planning processes by metropolitan planning 
        organizations, State departments of transportation, and 
        public transit operators as guided by the planning 
        factors identified in sections 5213(f) and 5214(d).
  (b) Common Transportation Planning Program.--This subchapter 
provides a common transportation planning program to be 
administered by the Federal Highway Administration and the 
Federal Transit Administration.

Sec. 5212. Definitions

  (a) Applicability by Reference.--Unless otherwise specified 
in subsection (b), the definitions in section 101(a) of title 
23 and section 5302 are applicable to this subchapter.
  (b) Additional Definitions.--In this subchapter, the 
following definitions apply:
          (1) Metropolitan planning area.--The term 
        ``metropolitan planning area'' means the geographic 
        area determined by agreement between the metropolitan 
        planning organization for the area and the Governor 
        under section 5213(c).
          (2) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' means the policy 
        board of an organization created as a result of the 
        designation process in section 5213(b).
          (3) Nonmetropolitan area.--The term ``nonmetropolitan 
        area'' means a geographic area outside designated 
        metropolitan planning areas.
          (4) Nonmetropolitan local official.--The term 
        ``nonmetropolitan local official'' means elected and 
        appointed officials of general purpose local government 
        in a nonmetropolitan area with responsibility for 
        transportation.
          (5) TIP.--The term ``TIP'' means a transportation 
        improvement program developed by a metropolitan 
        planning organization under section 5213.
          (6) Urbanized area.--The term ``urbanized area'' 
        means a geographic area with a population of 50,000 or 
        more, as designated by the Bureau of the Census.

Sec. 5213. Metropolitan Transportation planning

  (a) General Requirements.--
          (1) Development of long-range plans and tips.--To 
        accomplish the objectives in section 5211, metropolitan 
        planning organizations designated under subsection (b), 
        in cooperation with the State and public transportation 
        operators, shall develop long-range transportation 
        plans and transportation improvement programs for 
        metropolitan planning areas of the State.
          (2) Contents.--The plans and TIPs for each 
        metropolitan area shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the metropolitan planning area and as an integral 
        part of an intermodal transportation system for the 
        State and the United States.
          (3) Process of development.--The process for 
        developing the plans and TIPs shall provide for 
        consideration of all modes of transportation and shall 
        be continuing, cooperative, and comprehensive to the 
        degree appropriate, based on the complexity of the 
        transportation problems to be addressed.
  (b) Designation of Metropolitan Planning Organizations.--
          (1) In general.--To carry out the transportation 
        planning process required by this section, a 
        metropolitan planning organization shall be designated 
        for each urbanized area with a population of more than 
        50,000 individuals--
                  (A) by agreement between the Governor and 
                units of general purpose local government that 
                together represent at least 75 percent of the 
                affected population (including the largest 
                incorporated city (based on population) as 
                named by the Bureau of the Census); or
                  (B) in accordance with procedures established 
                by applicable State or local law.
          (2) Structure.--Each metropolitan planning 
        organization that serves an area designated as a 
        transportation management area, when designated or 
        redesignated under this subsection, shall consist of--
                  (A) local elected officials;
                  (B) officials of public agencies that 
                administer or operate major modes of 
                transportation in the metropolitan area; and
                  (C) appropriate State officials.
          (3) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to interfere with 
        the authority, under any State law in effect on 
        December 18, 1991, of a public agency with multimodal 
        transportation responsibilities to--
                  (A) develop the plans and TIPs for adoption 
                by a metropolitan planning organization; and
                  (B) develop long-range capital plans, 
                coordinate transit services and projects, and 
                carry out other activities pursuant to State 
                law.
          (4) Continuing designation.--A designation of a 
        metropolitan planning organization under this 
        subsection or any other provision of law shall remain 
        in effect until the metropolitan planning organization 
        is redesignated under paragraph (5).
          (5) Redesignation procedures.--A metropolitan 
        planning organization may be redesignated by agreement 
        between the Governor and units of general purpose local 
        government that together represent at least 75 percent 
        of the existing planning area population (including the 
        largest incorporated city (based on population) as 
        named by the Bureau of the Census) as appropriate to 
        carry out this section.
          (6) Designation of more than 1 metropolitan planning 
        organization.--More than 1 metropolitan planning 
        organization may be designated within an existing 
        metropolitan planning area only if the Governor and the 
        existing metropolitan planning organization determine 
        that the size and complexity of the existing 
        metropolitan planning area make designation of more 
        than 1 metropolitan planning organization for the area 
        appropriate.
  (c) Metropolitan Planning Area Boundaries.--
          (1) In general.--For the purposes of this section, 
        the boundaries of a metropolitan planning area shall be 
        determined by agreement between the metropolitan 
        planning organization and the Governor.
          (2) Included area.--Each metropolitan planning area--
                  (A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period for the transportation plan; and
                  (B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          (3) Identification of new urbanized areas within 
        existing planning area boundaries.--The designation by 
        the Bureau of the Census of new urbanized areas within 
        an existing metropolitan planning area shall not 
        require the redesignation of the existing metropolitan 
        planning organization.
          (4) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the 
        case of an urbanized area designated as a nonattainment 
        area for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.) as of the date of 
        enactment of this paragraph, the boundaries of the 
        metropolitan planning area in existence as of such date 
        of enactment shall be retained; except that the 
        boundaries may be adjusted by agreement of the Governor 
        and affected metropolitan planning organizations in the 
        manner described in subsection (b)(5).
          (5) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of this 
        paragraph as a nonattainment area for ozone or carbon 
        monoxide, the boundaries of the metropolitan planning 
        area--
                  (A) shall be established in the manner 
                described in subsection (b)(1);
                  (B) shall encompass the areas described in 
                paragraph (2)(A);
                  (C) may encompass the areas described in 
                paragraph (2)(B); and
                  (D) may address any nonattainment area 
                identified under the Clean Air Act for ozone or 
                carbon monoxide.
  (d) Coordination in Multistate Areas.--
          (1) In general.--The Secretary shall encourage each 
        Governor with responsibility for a portion of a 
        multistate metropolitan area and the appropriate 
        metropolitan planning organizations to provide 
        coordinated transportation planning for the entire 
        metropolitan area.
          (2) Interstate compacts.--The consent of Congress is 
        granted to any 2 or more States--
                  (A) to enter into agreements or compacts, not 
                in conflict with any law of the United States, 
                for cooperative efforts and mutual assistance 
                in support of activities authorized under this 
                section as the activities pertain to interstate 
                areas and localities within the States; and
                  (B) to establish such agencies, joint or 
                otherwise, as the States may determine 
                desirable for making the agreements and 
                compacts effective.
          (3) Lake tahoe region.--
                  (A) Definition.--In this paragraph, the term 
                ``Lake Tahoe region'' has the meaning given the 
                term ``region'' in subdivision (a) of article 
                II of the Tahoe Regional Planning Compact, as 
                set forth in the first section of Public Law 
                96-551 (94 Stat. 3234).
                  (B) Transportation planning process.--The 
                Secretary shall--
                          (i) establish with the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region a transportation planning 
                        process for the region; and
                          (ii) coordinate the transportation 
                        planning process with the planning 
                        process required of State and local 
                        governments under this section and 
                        section 5214.
                  (C) Interstate compact.--
                          (i) In general.--Subject to clause 
                        (ii), notwithstanding subsection (b), 
                        to carry out the transportation 
                        planning process required by this 
                        section, the consent of Congress is 
                        granted to the States of California and 
                        Nevada to designate a metropolitan 
                        planning organization for the Lake 
                        Tahoe region, by agreement between the 
                        Governors of the States of California 
                        and Nevada and units of general purpose 
                        local government that together 
                        represent at least 75 percent of the 
                        affected population (including the 
                        central city or cities (as defined by 
                        the Bureau of the Census)), or in 
                        accordance with procedures established 
                        by applicable State or local law.
                          (ii) Involvement of federal land 
                        management agencies.--
                                  (I) Representation.--The 
                                policy board of a metropolitan 
                                planning organization 
                                designated under clause (i) 
                                shall include a representative 
                                of each Federal land management 
                                agency that has jurisdiction 
                                over land in the Lake Tahoe 
                                region.
                                  (II) Funding.--In addition to 
                                funds made available to the 
                                metropolitan planning 
                                organization under other 
                                provisions of title 23 and 
                                under chapter 53, not more than 
                                1 percent of the funds 
                                allocated under section 202 of 
                                title 23 may be used to carry 
                                out the transportation planning 
                                process for the Lake Tahoe 
                                region under this subparagraph.
                  (D) Activities.--Highway projects included in 
                transportation plans developed under this 
                paragraph--
                          (i) shall be selected for funding in 
                        a manner that facilitates the 
                        participation of the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region; and
                          (ii) may, in accordance with chapter 
                        2 of title 23, be funded using funds 
                        allocated under section 202 of title 
                        23.
          (4) Reservation of rights.--The right to alter, amend 
        or repeal interstate compacts entered into under this 
        subsection is expressly reserved.
  (e) MPO Consultation in Plan and TIP Coordination.--
          (1) Nonattainment areas.--If more than 1 metropolitan 
        planning organization has authority within a 
        metropolitan area or an area which is designated as a 
        nonattainment area for ozone or carbon monoxide under 
        the Clean Air Act, each metropolitan planning 
        organization shall consult with the other metropolitan 
        planning organizations designated for such area and the 
        State in the coordination of plans and TIPs required by 
        this section.
          (2) Transportation improvements located in multiple 
        mpos.--If a transportation improvement funded from the 
        Highway Trust Fund or authorized under chapter 53 is 
        located within the boundaries of more than 1 
        metropolitan planning area, the metropolitan planning 
        organizations shall coordinate plans and TIPs regarding 
        the transportation improvement.
          (3) Relationship with other planning officials.--The 
        Secretary shall encourage each metropolitan planning 
        organization to consult with those officials 
        responsible for other types of planning activities that 
        are affected by transportation in the area (including 
        State and local planned growth, economic development, 
        environmental protection, airport operations, and 
        freight movements) or to coordinate its planning 
        process, to the maximum extent practicable, with such 
        planning activities. Under the metropolitan planning 
        process, transportation plans and TIPs shall be 
        developed with due consideration of other related 
        planning activities within the metropolitan area, and 
        the process shall provide for the design and delivery 
        of transportation services within the metropolitan area 
        that are provided by--
                  (A) recipients of assistance under chapter 
                53;
                  (B) governmental agencies and nonprofit 
                organizations (including representatives of the 
                agencies and organizations) that receive 
                Federal assistance from a source other than the 
                Department of Transportation to provide 
                nonemergency transportation services; and
                  (C) recipients of assistance under section 
                204 of title 23.
  (f) Scope of Planning Process.--
          (1) In general.--The goals and objectives developed 
        through the metropolitan planning process for a 
        metropolitan planning area under this section shall 
        address the following factors as they relate to the 
        performance of the metropolitan area transportation 
        systems:
                  (A) Support of the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency.
                  (B) Increases in the safety and security of 
                the transportation system for motorized and 
                nonmotorized users.
                  (C) Increases in the accessibility and 
                mobility of people and for freight.
                  (D) Protection and enhancement of the 
                environment, promotion of energy conservation, 
                improvement of the quality of life, and 
                promotion of consistency between transportation 
                improvements and State and local planned growth 
                and economic development patterns.
                  (E) Enhancement of the integration and 
                connectivity of the transportation system, 
                across and between modes, for people and 
                freight.
                  (F) Promotion of efficient system management 
                and operation.
                  (G) Emphasis on the preservation of the 
                existing transportation system.
          (2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under title 23 or this 
        title, subchapter II of chapter 5 of title 5, or 
        chapter 7 of title 5 in any matter affecting a 
        transportation plan, a TIP, a project or strategy, or 
        the certification of a planning process.
  (g) Development of Transportation Plan.--
          (1) In general.--Each metropolitan planning 
        organization shall prepare, and update periodically, 
        according to a schedule that the Secretary determines 
        to be appropriate, a transportation plan for its 
        metropolitan planning area in accordance with the 
        requirements of this subsection. The metropolitan 
        planning organization shall prepare and update such 
        plan every 4 years (or more frequently, if the 
        metropolitan planning organization elects to update 
        more frequently) in the case of each of the following:
                  (A) Any area designated as nonattainment, as 
                defined in section 107(d) of the Clean Air Act 
                (42 U.S.C. 7407(d)).
                  (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.
          (2) Transportation plan.--A transportation plan under 
        this section shall be in a form that the Secretary 
        determines to be appropriate and shall contain, at a 
        minimum, the following:
                  (A) An identification of transportation 
                facilities (including major roadways, transit, 
                multimodal and intermodal facilities, and 
                intermodal connectors) that should function as 
                an integrated metropolitan transportation 
                system, giving emphasis to those facilities 
                that serve important national and regional 
                transportation functions. In formulating the 
                transportation plan, the metropolitan planning 
                organization shall consider factors described 
                in subsection (f) as such factors relate to a 
                20-year forecast period.
                  (B) A financial plan that demonstrates how 
                the adopted transportation plan can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                plan, and recommends any additional financing 
                strategies for needed projects and programs. 
                The financial plan may include, for 
                illustrative purposes, additional projects that 
                would be included in the adopted transportation 
                plan if reasonable additional resources beyond 
                those identified in the financial plan were 
                available. For the purpose of developing the 
                transportation plan, the metropolitan planning 
                organization, transit operator, and State shall 
                cooperatively develop estimates of funds that 
                will be available to support plan 
                implementation.
                  (C) Operational and management strategies to 
                improve the performance of existing 
                transportation facilities to relieve vehicular 
                congestion and maximize the safety and mobility 
                of people and goods.
                  (D) Capital investment and other strategies 
                to preserve the existing and projected future 
                metropolitan transportation infrastructure and 
                provide for multimodal capacity increases based 
                on regional priorities and needs.
                  (E) Proposed transportation and transit 
                enhancement activities.
          (3) Coordination with clean air act agencies.--In 
        metropolitan areas which are in nonattainment for ozone 
        or carbon monoxide under the Clean Air Act, the 
        metropolitan planning organization shall coordinate the 
        development of a transportation plan with the process 
        for development of the transportation control measures 
        of the State implementation plan required by the Clean 
        Air Act.
          (4) Participation by interested parties.--Before 
        approving a transportation plan, each metropolitan 
        planning organization shall provide citizens, affected 
        public agencies, representatives of public 
        transportation employees, freight shippers, providers 
        of freight transportation services, private providers 
        of transportation, representatives of users of public 
        transportation, representatives of users of pedestrian 
        walkways and bicycle transportation facilities, 
        representatives of the disabled, and other interested 
        parties with a reasonable opportunity to comment on the 
        transportation plan, in a manner that the Secretary 
        deems appropriate.
          (5) Publication.--A transportation plan involving 
        Federal participation shall be published or otherwise 
        made readily available by the metropolitan planning 
        organization for public review and submitted for 
        information purposes to the Governor at such times and 
        in such manner as the Secretary shall establish.
          (6) Selection of projects from illustrative list.--
        Notwithstanding paragraph (2)(B), a State or 
        metropolitan planning organization shall not be 
        required to select any project from the illustrative 
        list of additional projects included in the financial 
        plan under paragraph (2)(B).
  (h) Metropolitan TIP.--
          (1) Development.--
                  (A) In general.--In cooperation with the 
                State and any affected public transportation 
                operator, the metropolitan planning 
                organization designated for a metropolitan area 
                shall develop a TIP for the area for which the 
                organization is designated.
                  (B) Opportunity for comment.--In developing 
                the TIP, the metropolitan planning 
                organization, in cooperation with the State and 
                any affected public transportation operator, 
                shall provide citizens, affected public 
                agencies, representatives of public 
                transportation employees, freight shippers, 
                providers of freight transportation services, 
                private providers of transportation, 
                representatives of users of public 
                transportation, representatives of the 
                disabled, representatives of users of 
                pedestrian walkways and bicycle facilities, and 
                other interested parties with a reasonable 
                opportunity to comment on the proposed TIP.
                  (C) Funding estimates.--For the purpose of 
                developing the TIP, the metropolitan planning 
                organization, public transportation agency, and 
                State shall cooperatively develop estimates of 
                funds that are reasonably expected to be 
                available to support program implementation.
                  (D) Updating and approval.--The TIP shall be 
                updated at least once every 4 years and shall 
                be approved by the metropolitan planning 
                organization and the Governor.
          (2) Contents.--
                  (A) Priority list.--The TIP shall include a 
                priority list of proposed federally supported 
                projects and strategies to be carried out 
                within each 4-year period after the initial 
                adoption of the TIP.
                  (B) Financial plan.--The TIP shall include a 
                financial plan that--
                          (i) demonstrates how the TIP can be 
                        implemented;
                          (ii) indicates resources from public 
                        and private sources that are reasonably 
                        expected to be available to carry out 
                        the program;
                          (iii) identifies innovative financing 
                        techniques to finance projects, 
                        programs, and strategies; and
                          (iv) may include, for illustrative 
                        purposes, additional projects that 
                        would be included in the approved TIP 
                        if reasonable additional resources 
                        beyond those identified in the 
                        financial plan were available.
                  (C) Descriptions.--Each project in the TIP 
                shall include sufficient descriptive material 
                (such as type of work, termini, length, and 
                other similar factors) to identify the project 
                or phase of the project.
                  (D) Congestion relief activities.--The TIP 
                shall include a listing of congestion relief 
                activities to be carried out to meet the 
                requirements of section 139 of title 23, 
                categorized as either under one or under three 
                congestion relief activities.
          (3) Included projects.--
                  (A) Projects under title 23 and chapter 53.--
                A TIP developed under this subsection for a 
                metropolitan area shall include the projects 
                within the area that are proposed for funding 
                under chapter 1 of title 23 and chapter 53.
                  (B) Projects under chapter 2 of title 23.--
                All projects proposed for funding under chapter 
                2 of title 23 shall be identified individually 
                in the TIP.
                  (C) Consistency with long-range 
                transportation plan.--Each project shall be 
                consistent with the long-range transportation 
                plan developed under subsection (g) for the 
                area.
                  (D) Requirement of anticipated full 
                funding.--The program shall include a project, 
                or an identified phase of a project, only if 
                full funding can reasonably be anticipated to 
                be available for the project within the time 
                period contemplated for completion of the 
                project.
          (4) Notice and comment.--Before approving a TIP, a 
        metropolitan planning organization, in cooperation with 
        the State and any affected public transportation 
        operator, shall provide citizens, affected public 
        agencies, representatives of public transportation 
        employees, freight shippers, providers of freight 
        transportation services, private providers of 
        transportation, representatives of users of public 
        transportation, representatives of the disabled, 
        representatives of users of pedestrian walkways and 
        bicycle facilities, and other interested parties with 
        reasonable notice of and an opportunity to comment on 
        the proposed program.
          (5) Selection of projects.--
                  (A) In general.--Except as otherwise provided 
                in subsection (i)(4) and in addition to the TIP 
                development required under paragraph (1), the 
                selection of federally funded projects in 
                metropolitan areas shall be carried out, from 
                the approved TIP--
                          (i) by--
                                  (I) in the case of projects 
                                under title 23, the State; and
                                  (II) in the case of projects 
                                under chapter 53, the 
                                designated recipients of public 
                                transportation funding; and
                          (ii) in cooperation with the 
                        metropolitan planning organization.
                  (B) Modifications to project priority.--
                Notwithstanding any other provision of law, 
                action by the Secretary shall not be required 
                to advance a project included in the approved 
                TIP in place of another project in the program.
          (6) Selection of projects from illustrative list.--
                  (A) No required selection.--Notwithstanding 
                paragraph (2)(B)(iv), a State or metropolitan 
                planning organization shall not be required to 
                select any project from the illustrative list 
                of additional projects included in the 
                financial plan under paragraph (2)(B)(iv).
                  (B) Required action by the secretary.--Action 
                by the Secretary shall be required for a State 
                or metropolitan planning organization to select 
                any project from the illustrative list of 
                additional projects included in the financial 
                plan under paragraph (2)(B)(iv) for inclusion 
                in an approved TIP.
          (7) Publication.--
                  (A) Publication of tips.--A TIP involving 
                Federal participation shall be published or 
                otherwise made readily available by the 
                metropolitan planning organization for public 
                review.
                  (B) Publication of annual listings of 
                projects.--An annual listing of projects for 
                which Federal funds have been obligated in the 
                preceding year shall be published or otherwise 
                made available by the metropolitan planning 
                organization for public review. The listing 
                shall be consistent with the categories 
                identified in the TIP.
  (i) Transportation Management Areas.--
          (1) Identification and designation.--
                  (A) Required identification.--The Secretary 
                shall identify as a transportation management 
                area each urbanized area (as defined by the 
                Bureau of the Census) with a population of over 
                200,000 individuals.
                  (B) Designations on request.--The Secretary 
                shall designate any additional area as a 
                transportation management area on the request 
                of the Governor and the metropolitan planning 
                organization designated for the area.
          (2) Transportation plans.--In a metropolitan planning 
        area serving a transportation management area, 
        transportation plans shall be based on a continuing and 
        comprehensive transportation planning process carried 
        out by the metropolitan planning organization in 
        cooperation with the State and public transportation 
        operators.
          (3) Congestion management process.--Within a 
        metropolitan planning area serving a transportation 
        management area, the transportation planning process 
        under this section shall address congestion management 
        through a process that provides for effective 
        management and operation, based on a cooperatively 
        developed and implemented metropolitan-wide strategy, 
        of new and existing transportation facilities eligible 
        for funding under title 23 and chapter 53 through the 
        use of travel demand reduction and operational 
        management strategies and shall identify a sufficient 
        number of congestion relief activities under section 
        139 of title 23 to meet the requirements of such 
        section. The Secretary shall establish an appropriate 
        phase-in schedule for compliance with the requirements 
        of this section but no sooner than one year after the 
        identification of a transportation management area.
          (4) Selection of projects.--
                  (A) In general.--All federally funded 
                projects carried out within the boundaries of a 
                metropolitan planning area serving a 
                transportation management area under title 23 
                (excluding projects carried out on the National 
                Highway System and projects carried out under 
                the bridge program or the Interstate 
                maintenance program) or under chapter 53 shall 
                be selected for implementation from the 
                approved TIP by the metropolitan planning 
                organization designated for the area in 
                consultation with the State and any affected 
                public transportation operator.
                  (B) National highway system projects.--
                Projects, carried out within the boundaries of 
                a metropolitan planning area serving a 
                transportation management area, on the National 
                Highway System and projects carried out within 
                such boundaries under the bridge program or the 
                Interstate maintenance program under title 23 
                shall be selected for implementation from the 
                approved TIP by the State in cooperation with 
                the metropolitan planning organization 
                designated for the area.
          (5) Certification.--
                  (A) In general.--The Secretary shall--
                          (i) ensure that the metropolitan 
                        planning process of a metropolitan 
                        planning organization serving a 
                        transportation management area is being 
                        carried out in accordance with 
                        applicable provisions of Federal law; 
                        and
                          (ii) subject to subparagraph (B), 
                        certify, not less often than once every 
                        4 years, that the requirements of this 
                        paragraph are met with respect to the 
                        metropolitan planning process.
                  (B) Requirements for certification.--The 
                Secretary may make the certification under 
                subparagraph (A) if--
                          (i) the transportation planning 
                        process complies with the requirements 
                        of this section and other applicable 
                        requirements of Federal law; and
                          (ii) there is a TIP for the 
                        metropolitan planning area that has 
                        been approved by the metropolitan 
                        planning organization and the Governor.
                  (C) Effect of failure to certify.--
                          (i) Withholding of project funds.--If 
                        a metropolitan planning process of a 
                        metropolitan planning organization 
                        serving a transportation management 
                        area is not certified, the Secretary 
                        may withhold up to 20 percent of the 
                        funds attributable to the metropolitan 
                        planning area of the metropolitan 
                        planning organization for projects 
                        funded under title 23 and chapter 53.
                          (ii) Restoration of withheld funds.--
                        The withheld funds shall be restored to 
                        the metropolitan planning area at such 
                        time as the metropolitan planning 
                        process is certified by the Secretary.
                  (D) Review of certification.--In making 
                certification determinations under this 
                paragraph, the Secretary shall provide for 
                public involvement appropriate to the 
                metropolitan area under review.
  (j) Abbreviated Plans for Certain Areas.--
          (1) In general.--Subject to paragraph (2), in the 
        case of a metropolitan area not designated as a 
        transportation management area under this section, the 
        Secretary may provide for the development of an 
        abbreviated transportation plan and TIP for the 
        metropolitan planning area that the Secretary 
        determines is appropriate to achieve the purposes of 
        this section, taking into account the complexity of 
        transportation problems in the area.
          (2) Nonattainment areas.--The Secretary may not 
        permit abbreviated plans or TIPs for a metropolitan 
        area that is in nonattainment for ozone or carbon 
        monoxide under the Clean Air Act (42 U.S.C. 7401 et 
        seq.).
  (k) Additional Requirements for Certain Nonattainment 
Areas.--
          (1) In general.--Notwithstanding any other provisions 
        of title 23 or chapter 53, for transportation 
        management areas classified as nonattainment for ozone 
        or carbon monoxide pursuant to the Clean Air Act, 
        Federal funds may not be advanced in such area for any 
        highway project that will result in a significant 
        increase in the carrying capacity for single-occupant 
        vehicles unless the project is addressed through a 
        congestion management process.
          (2) Applicability.--This subsection applies to a 
        nonattainment area within the metropolitan planning 
        area boundaries determined under subsection (c).
  (l) Limitation on Statutory Construction.--Nothing in this 
section shall be construed to confer on a metropolitan planning 
organization the authority to impose legal requirements on any 
transportation facility, provider, or project not eligible 
under title 23 or chapter 53.
  (m) Funding.--
          (1) Set-asides.--Funds set aside under section 104(f) 
        of title 23 or section 5305(h) shall be available to 
        carry out this section.
          (2) Other funding.--Funds made available under 
        section 5338(c) shall be available to carry out this 
        section.
  (n) Continuation of Current Review Practice.--Since plans and 
TIPs described in this section are subject to a reasonable 
opportunity for public comment, individual projects included in 
plans and TIPs are subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 
decisions by the Secretary concerning plans and TIPs described 
in this section have not been reviewed under such Act as of 
January 1, 1997, any decision by the Secretary concerning a 
plan or TIP described in this section shall not be considered 
to be a Federal action subject to review under such Act.

Sec. 5214. Statewide Transportation planning

  (a) General Requirements.--
          (1) Development of plans and programs.--To accomplish 
        the objectives stated in section 5211, each State shall 
        develop a statewide transportation plan and a statewide 
        transportation improvement program for all areas of the 
        State subject to section 5213. Such program shall cover 
        a period of 4 yearsand be updated every 4 years or more 
frequently if the Governor elects to update more frequently.
          (2) Contents.--The statewide transportation plan and 
        the transportation improvement program developed for 
        each State shall provide for the development and 
        integrated management and operation of transportation 
        systems and facilities (including accessible pedestrian 
        walkways and bicycle transportation facilities) that 
        will function as an intermodal transportation system 
        for the State and an integral part of an intermodal 
        transportation system for the United States.
          (3) Process of development.--The process for 
        developing the statewide plan and the transportation 
        improvement program shall provide for consideration of 
        all modes of transportation and the policies stated in 
        section 5211, and shall be continuing, cooperative, and 
        comprehensive to the degree appropriate, based on the 
        complexity of the transportation problems to be 
        addressed.
  (b) Coordination With Metropolitan Planning; State 
Implementation Plan.--A State shall--
          (1) coordinate planning carried out under this 
        section with the transportation planning activities 
        carried out under section 5213 for metropolitan areas 
        of the State and with statewide trade and economic 
        development planning activities and related multistate 
        planning efforts; and
          (2) develop the transportation portion of the State 
        implementation plan as required by the Clean Air Act 
        (42 U.S.C. 7401 et seq.).
  (c) Interstate Agreements.--
          (1) In general.--The consent of Congress is granted 
        to 2 or more States entering into agreements or 
        compacts, not in conflict with any law of the United 
        States, for cooperative efforts and mutual assistance 
        in support of activities authorized under this section 
        related to interstate areas and localities in the 
        States and establishing authorities the States consider 
        desirable for making the agreements and compacts 
        effective.
          (2) Reservation of rights.--The right to alter, amend 
        or repeal interstate compacts entered into under this 
        subsection is expressly reserved.
  (d) Scope of Planning Process.--
          (1) In general.--Each State shall carry out a 
        statewide transportation planning process that provides 
        for consideration and implementation of projects, 
        strategies, and services that will--
                  (A) support the economic vitality of the 
                United States, the States, nonmetropolitan 
                areas, and metropolitan areas, especially by 
                enabling global competitiveness, productivity, 
                and efficiency;
                  (B) increase the safety and security of the 
                transportation system for motorized and 
                nonmotorized users;
                  (C) increase the accessibility and mobility 
                of people and freight;
                  (D) protect and enhance the environment, 
                promote energy conservation, improve the 
                quality of life, and promote consistency 
                between transportation improvements and State 
                and local planned growth and economic 
                development patterns;
                  (E) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes throughout the State, for people 
                and freight;
                  (F) promote efficient system management and 
                operation; and
                  (G) emphasize the preservation of the 
                existing transportation system.
          (2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under title 23 or this 
        title, subchapter II of chapter 5 of title 5, or 
        chapter 7 of title 5 in any matter affecting a 
        statewide transportation plan, the transportation 
        improvement program, a project or strategy, or the 
        certification of a planning process.
  (e) Additional Requirements.--In carrying out planning under 
this section, each State shall consider, at a minimum--
          (1) with respect to nonmetropolitan areas, the 
        concerns of affected local officials with 
        responsibility for transportation;
          (2) the concerns of Indian tribal governments and 
        Federal land management agencies that have jurisdiction 
        over land within the boundaries of the State; and
          (3) coordination of transportation plans, the 
        transportation improvement program, and planning 
        activities with related planning activities being 
        carried out outside of metropolitan planning areas and 
        between States.
  (f) Long-Range Statewide Transportation Plan.--
          (1) Development.--Each State shall develop a long-
        range statewide transportation plan, with a minimum 20-
        year forecast period for all areas of the State, that 
        provides for the development and implementation of the 
        intermodal transportation system of the State.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--The statewide 
                transportation plan shall be developed for each 
                metropolitan area in the State in cooperation 
                with the metropolitan planning organization 
                designated for the metropolitan area under 
                section 5213.
                  (B) Nonmetropolitan areas.--With respect to 
                nonmetropolitan areas, the statewide 
                transportation plan shall be developed in 
                consultation with affected nonmetropolitan 
                officials with responsibility for 
                transportation. The Secretary shall not review 
                or approve the consultation process in each 
                State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the statewide 
                transportation plan shall be developed in 
                consultation with the tribal government and the 
                Secretary of the Interior.
          (3) Participation by interested parties.--In 
        developing the statewide transportation plan, the State 
        shall--
                  (A) provide citizens, affected public 
                agencies, representatives of public 
                transportation employees, freight shippers, 
                private providers of transportation, 
                representatives of users of public 
                transportation, representatives of users of 
                pedestrian walkways and bicycle transportation 
                facilities, representatives of the disabled, 
                providers of freight transportation services, 
                and other interested parties with a reasonable 
                opportunity to comment on the proposed plan; 
                and
                  (B) identify transportation strategies 
                necessary to efficiently serve the mobility 
                needs of people.
          (4) Financial plan.--The statewide transportation 
        plan may include a financial plan that demonstrates how 
        the adopted statewide transportation plan can be 
        implemented, indicates resources from public and 
        private sources that are reasonably expected to be made 
        available to carry out the plan, and recommends any 
        additional financing strategies for needed projects and 
        programs. The financial plan may include, for 
        illustrative purposes, additional projects that would 
        be included in the adopted statewide transportation 
        plan if reasonable additional resources beyond those 
        identified in the financial plan were available.
          (5) Selection of projects from illustrative list.--A 
        State shall not be required to select any project from 
        the illustrative list of additional projects included 
        in the financial plan described in paragraph (4).
          (6) Existing system.--The statewide transportation 
        plan should include capital, operations and management 
        strategies, investments, procedures, and other measures 
        to ensure the preservation and most efficient use of 
        the existing transportation system.
  (g) Statewide Transportation Improvement Program.--
          (1) Development.--Each State shall develop a 
        statewide transportation improvement program for all 
        areas of the State.
          (2) Consultation with governments.--
                  (A) Metropolitan areas.--With respect to each 
                metropolitan area in the State, the program 
                shall be developed in cooperation with the 
                metropolitan planning organization designated 
                for the metropolitan area under section 5213.
                  (B) Nonmetropolitan areas.--With respect to 
                each nonmetropolitan area in the State, the 
                program shall be developed in consultation with 
                affected nonmetropolitan local officials with 
                responsibility for transportation. The 
                Secretary shall not review or approve the 
                specific consultation process in the State.
                  (C) Indian tribal areas.--With respect to 
                each area of the State under the jurisdiction 
                of an Indian tribal government, the program 
                shall be developed in consultation with the 
                tribal government and the Secretary of the 
                Interior.
          (3) Participation by interested parties.--In 
        developing the program, the State shall provide 
        citizens, affected public agencies, representatives of 
        public transportation employees, freight shippers, 
        private providers of transportation, providers of 
        freight transportation services, representatives of 
        users of public transportation, representatives of 
        users of pedestrian walkways and bicycle transportation 
        facilities, representatives of the disabled, and other 
        interested parties with a reasonable opportunity to 
        comment on the proposed program.
          (4) Included projects.--
                  (A) In general.--A transportation improvement 
                program developed under this subsection for a 
                State shall include federally supported surface 
                transportation expenditures within the 
                boundaries of the State.
                  (B) Projects under chapter 2 of title 23.--
                All projects proposed for funding under chapter 
                2 of title 23 shall be identified individually 
                in the transportation improvement program.
                  (C) Consistency with statewide transportation 
                plan.--Each project shall be--
                          (i) consistent with the statewide 
                        transportation plan developed under 
                        this section for the State;
                          (ii) identical to the project or 
                        phase of the project as described in an 
                        approved metropolitan transportation 
                        plan; and
                          (iii) in conformance with the 
                        applicable State air quality 
                        implementation plan developed under the 
                        Clean Air Act (42 U.S.C. 7401 et seq.), 
                        if the project is carried out in an 
                        area designated as nonattainment for 
                        ozone or carbon monoxide under that 
                        Act.
                  (D) Requirement of anticipated full 
                funding.--The transportation improvement 
                program shall include a project, or an 
                identified phase of a project, only if full 
                funding can reasonably be anticipated to be 
                available for the project within the time 
                period contemplated for completion of the 
                project.
                  (E) Financial plan.--The transportation 
                improvement program may include a financial 
                plan that demonstrates how the approved 
                transportation improvement program can be 
                implemented, indicates resources from public 
                and private sources that are reasonably 
                expected to be made available to carry out the 
                transportation improvement program, and 
                recommends any additional financing strategies 
                for needed projects and programs. The financial 
                plan may include, for illustrative purposes, 
                additional projects that would be included in 
                the adopted transportation plan if reasonable 
                additional resources beyond those identified in 
                the financial plan were available.
                  (F) Selection of projects from illustrative 
                list.--
                          (i) No required selection.--
                        Notwithstanding subparagraph (E), a 
                        State shall not be required to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (E).
                          (ii) Required action by the 
                        secretary.--Action by the Secretary 
                        shall be required for a State to select 
                        any project from the illustrative list 
                        of additional projects included in the 
                        financial plan under subparagraph (E) 
                        for inclusion in an approved 
                        transportation improvement program.
                  (G) Priorities.--The transportation 
                improvement program shall reflect the 
                priorities for programming and expenditures of 
                funds, including transportation enhancement 
                activities, required by title 23 and chapter 
                53.
                  (H) Prioritization of congestion relief 
                activities.--The transportation improvement 
                program shall reflect the priorities for 
                congestion relief activities included in the 
                metropolitan transportation plan to meet the 
                requirements of section 139 of title 23.
          (5) Project selection for areas of less than 50,000 
        population.--Projects carried out in areas with 
        populations of less than 50,000 individuals shall be 
        selected, from the approved transportation improvement 
        program (excluding projects carried out on the National 
        Highway System and projects carried out under the 
        bridge program or the Interstate maintenance program 
        under title 23 or sections 5310, 5311, 5316, and 5317), 
        by the State in cooperation with the affected 
        nonmetropolitan local officials with responsibility for 
        transportation. Projects carried out in areas with 
        populations of less than 50,000 individuals on the 
        National Highway System or under the bridge program or 
        the Interstate maintenance program under title 23 or 
        under sections 5310, 5311, 5316, and 5317 shall be 
        selected, from the approved statewide transportation 
        improvement program, by the State in consultation with 
        the affected nonmetropolitan local officials with 
        responsibility for transportation.
          (6) Transportation improvement program approval.--
        Every 4 years, a transportation improvement program 
        developed under this subsection shall be reviewed and 
        approved by the Secretary if based on a current 
        planning finding.
          (7) Planning finding.--A finding shall be made by the 
        Secretary at least every 4 years that the 
        transportation planning process through which statewide 
        transportation plans and programs are developed is 
        consistent with this section and section 5213.
          (8) Modifications to project priority.--
        Notwithstanding any other provision of law, action by 
        the Secretary shall not be required to advance a 
        project included in the approved transportation 
        improvement program in place of another project in the 
        program.
  (h) Funding.--
          (1) Set-aside.--Funds set aside pursuant to section 
        104(i) of title 23 shall be available to carry out this 
        section.
          (2) Other funding.--Funds made available under 
        section 5338(c) shall be available to carry out this 
        section.
  (i) Treatment of Certain State Laws as Congestion Management 
Processes.--For purposes of this section and section 5213, 
State laws, rules, or regulations pertaining to congestion 
management systems or programs may constitute the congestion 
management process under section 5213(i)(3) if the Secretary 
finds that the State laws, rules, or regulations are consistent 
with, and fulfill the intent of, the purposes of section 5213, 
as appropriate.
  (j) Continuation of Current Review Practice.--Since the 
statewide transportation plan and the transportation 
improvement program described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the statewide transportation plans and the 
transportation improvement program are subject to review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
et seq.), and since decisions by the Secretary concerning 
statewide transportation plans or the transportation 
improvement program described in this section have not been 
reviewed under such Act as of January 1, 1997, any decision by 
the Secretary concerning a metropolitan or statewide 
transportation plan or the transportation improvement program 
described in this section shall not be considered to be a 
Federal action subject to review under such Act.

       SUBCHAPTER C--EFFICIENT ENVIRONMENTAL REVIEWS FOR PROJECT 
                             DECISIONMAKING

Sec. 5251. Definitions and applicability

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Agency.--The term ``agency'' means any agency, 
        department, or other unit of Federal, State, local, or 
        Indian tribal government.
          (2) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed 
        statement of environmental impacts required to be 
        prepared under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
          (3) Environmental review process.--
                  (A) In general.--The term ``environmental 
                review process'' means the process for 
                preparing for a project an environmental impact 
                statement, environmental assessment, 
                categorical exclusion, or other document 
                prepared under the National Environmental 
                Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                  (B) Inclusions.--The term includes the 
                process for and completion of any environmental 
                permit, approval, review, or study required for 
                a project under any Federal law other than the 
                National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
          (4) Lead agency.--The term ``lead agency'' means the 
        Department of Transportation and, if applicable, any 
        State or local governmental entity serving as a joint 
        lead agency pursuant to this section.
          (5) Multimodal project.--The term ``multimodal 
        project'' means a project funded, in whole or in part, 
        under title 23 or chapter 53 and involving the 
        participation of more than one Department of 
        Transportation administration or agency.
          (6) Project.--The term ``project'' means any highway 
        project, public transportation capital project, or 
        multimodal project that requires the approval of the 
        Secretary.
          (7) Project sponsor.--The term ``project sponsor'' 
        means the agency or other entity, including any private 
        or public-private entity, that seeks approval of the 
        Secretary for a project.
          (8) State transportation department.--The term 
        ``State transportation department'' means any statewide 
        agency of a State with responsibility for one or more 
        modes of transportation.
  (b) Applicability.--This subchapter is applicable to all 
projects for which an environmental impact statement is 
prepared under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.). This subchapter may be applied, to 
the extent determined appropriate by the Secretary, to other 
projects for which an environmental document is prepared 
pursuant to such Act. Any authorities granted in this 
subchapter may be exercised for a project, class of projects, 
or program of projects.

Sec. 5252. Project development procedures

  (a) Lead Agencies.--
          (1) Federal lead agency.--The Department of 
        Transportation shall be the Federal lead agency in the 
        environmental review process for a project.
          (2) Project sponsor as joint lead agency.--Any 
        project sponsor that is a State or local governmental 
        entity receiving funds under title 23 or chapter 53 for 
        the project shall serve as a joint lead agency with the 
        Department for purposes of preparing any environmental 
        document under the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.) and may prepare any such 
        environmental document required in support of any 
        action or approval by the Secretary if the Federal lead 
        agency furnishes guidance in such preparation and 
        independently evaluates such document and the document 
        is approved and adopted by the Secretary prior to the 
        Secretary taking any subsequent action or making any 
        approval based on such document, whether or not the 
        Secretary's action or approval results in Federal 
        funding.
          (3) Ensuring compliance.--The Secretary shall ensure 
        that the project sponsor complies with all design and 
        mitigation commitments made jointly by the Secretary 
        and the project sponsor in any environmental document 
        prepared by the project sponsor in accordance with this 
        subsection and that such document is appropriately 
        supplemented if project changes become necessary.
          (4) Adoption and use of documents.--Any environmental 
        document prepared in accordance with this subsection 
        may be adopted or used by any Federal agency making any 
        approval to the same extent that such Federal agency 
        could adopt or use a document prepared by another 
        Federal agency.
  (b) Participating Agencies.--
          (1) In general.--The lead agency shall be responsible 
        for inviting and designating participating agencies in 
        accordance with this subsection.
          (2) Invitation.--The lead agency shall identify, as 
        early as practicable in the environmental review 
        process for a project, any other Federal and non-
        Federal agencies that may have an interest in the 
        project, and shall invite such agencies to become 
        participating agencies in the environmental review 
        process for the project. The invitation shall set a 
        deadline for responses to be submitted. The deadline 
        may be extended by the lead agency for good cause.
          (3) Federal participating agencies.--Any Federal 
        agency that is invited by the lead agency to 
        participate in the environmental review process for a 
        project shall be designated as a participating agency 
        by the lead agency unless the invited agency informs 
        the lead agency, in writing, by the deadline specified 
        in the invitation that the invited agency--
                  (A) has no jurisdiction or authority with 
                respect to the project;
                  (B) has no expertise or information relevant 
                to the project; and
                  (C) does not intend to submit comments on the 
                project.
          (4) Effect of designation.--Designation as a 
        participating agency under this subsection shall not 
        imply that the participating agency--
                  (A) supports a proposed project; or
                  (B) has any jurisdiction over, or special 
                expertise with respect to evaluation of, the 
                project.
          (5) Cooperating agency.--A participating agency may 
        also be designated by a lead agency as a `cooperating 
        agency' under the regulations contained in part 1500 of 
        title 40, Code of Federal Regulations.
          (6) Designations for categories of projects.--The 
        Secretary may exercise the authorities granted under 
        this subsection for a project, class of projects, or 
        program of projects.
  (c) Project Initiation.--
          (1) In general.--The project sponsor shall initiate 
        the environmental review process for a project by 
        submitting an initiation notice to the Secretary.
          (2) Contents of notice.--The initiation notice shall 
        include, at a minimum, a brief description of the type 
        of work, termini, length, and general location of the 
        proposed project, together with a statement of any 
        Federal approvals anticipated to be needed for the 
        project.
  (d) Purpose and Need.--
          (1) Participation.--As early as practicable during 
        the environmental review process, the lead agency shall 
        provide an opportunity for involvement by participating 
        agencies and the public in defining the purpose and 
        need for a project.
          (2) Definition.--Following participation under 
        paragraph (1), the lead agency shall define the 
        project's purpose and need for purposes of any document 
        which the lead agency is responsible for preparing for 
        the project.
          (3) Objectives.--The statement of purpose and need 
        shall include a clear statement of the objectives that 
        the proposed action is intended to achieve, which may 
        include--
                  (A) achieving a transportation objective 
                identified in an applicable statewide or 
                metropolitan transportation plan;
                  (B) supporting land use, economic 
                development, or growth objectives established 
                in applicable Federal, State, local, or tribal 
                plans; and
                  (C) serving national defense, national 
                security, or other national objectives, as 
                established in Federal laws, plans, or 
                policies.
  (e) Alternatives Analysis.--
          (1) Participation.--As early as practicable during 
        the environmental review process, the lead agency shall 
        provide an opportunity for involvement by participating 
        agencies and the public in determining the range of 
        alternatives to be considered for a project.
          (2) Range of alternatives.--Following participation 
        under paragraph (1), the lead agency shall determine 
        the range of alternatives for consideration in any 
        document which the lead agency is responsible for 
        preparing for the project.
          (3) Methodologies.--The lead agency also shall 
        determine, in collaboration with participating agencies 
        at appropriate times during the study process, the 
        methodologies to be used and the level of detail 
        required in the analysis of each alternative for a 
        project.
          (4) Preferred alternative.--At the discretion of the 
        lead agency, the preferred alternative for a project, 
        after being identified, may be developed to a higher 
        level of detail than other alternatives in order to 
        facilitate the development of mitigation measures or 
        concurrent compliance with other applicable laws if the 
        lead agency determines that the development of such 
        higher level of detail will not prevent the lead agency 
        from making an impartial decision as to whether to 
        accept another alternative which is being considered in 
        the environmental review process.
  (f) Comment Deadlines.--The lead agency shall establish the 
following deadlines for comment during the environmental review 
process for a project:
          (1) For comments by agencies and the public on a 
        draft environmental impact statement, a period of no 
        more than 60 days from the date of public availability 
        of such document, unless--
                  (A) a different deadline is established by 
                agreement of the lead agency, the project 
                sponsor, and all participating agencies; or
                  (B) the deadline is extended by the lead 
                agency for good cause.
          (2) For all other comment periods established by the 
        lead agency for agency or public comments in the 
        environmental review process, a period of no more than 
        30 days from availability of the materials on which 
        comment is requested, unless--
                  (A) a different deadline is established by 
                agreement of the lead agency, the project 
                sponsor, and all participating agencies; or
                  (B) the deadline is extended by the lead 
                agency for good cause.
  (g) Issue Identification and Resolution.--
          (1) Cooperation.--The lead agency and the 
        participating agencies shall work cooperatively in 
        accordance with this section to identify and resolve 
        issues that could delay completion of the environmental 
        review process or could result in denial of any 
        approvals required for the project under applicable 
        laws.
          (2) Lead agency responsibilities.--The lead agency 
        shall make information available to the participating 
        agencies as early as practicable in the environmental 
        review process regarding the environmental and 
        socioeconomic resources located within the project area 
        and the general locations of the alternatives under 
        consideration. Such information may be based on 
        existing data sources, including geographic information 
        systems mapping.
          (3) Participating agency responsibilities.--Based on 
        information received from the lead agency, 
        participating agencies shall identify, as early as 
        practicable, any issues of concern regarding the 
        project's potential environmental or socioeconomic 
        impacts. In this paragraph, issues of concern include 
        any issues that could substantially delay or prevent an 
        agency from granting a permit or other approval that is 
        needed for the project.
          (4) Issue resolution.--Whenever issues of concern are 
        identified or at any time upon request of a project 
        sponsor, the lead agency shall promptly convene a 
        meeting with the relevant participating agencies. If a 
        resolution cannot be achieved within 30 days following 
        such a meeting and a determination by the lead agency 
        that all information necessary to resolve the issue has 
        been obtained, the lead agency shall notify the heads 
        of all Federal agencies involved in the meeting and the 
        Committee on Environment and Public Works of the Senate 
        and the Committee on Transportation and Infrastructure 
        of the House of Representatives and shall publish such 
        notification in the Federal Register.
  (h) Participation of State Agencies.--For any project 
eligible for assistance under title 23 or chapter 53, a State 
may require, under procedures established by State law, that 
all State agencies that have jurisdiction by State or Federal 
law over environmental-related issues that may be affected by 
the project, or that are required to issue any environmental-
related reviews, analyses, opinions, or determinations on 
issuing any permits, licenses, or approvals for the project, be 
subject to the coordinated environmental review process 
established under this section unless the Secretary determines 
that a State agency's participation would not be in the public 
interest. A State participating in the review process must 
require all State agencies with jurisdiction to be subject to 
and comply with the review process to the same extent as a 
Federal agency.
  (i) Assistance to Affected State and Federal Agencies.--
          (1) In general.--For a project that is subject to the 
        environmental review process established under this 
        section and for which funds are made available to a 
        State under title 23 or chapter 53, the Secretary may 
        approve a request by the State to provide funds so made 
        available to affected Federal agencies (including the 
        Department of Transportation), State agencies, and 
        Indian tribes participating in the environmental review 
        process for the project. Such funds may be provided 
        only to support activities that directly and 
        meaningfully contribute to expediting and improving 
        transportation project planning and delivery. Such 
        activities may include dedicated staffing, training of 
        agency personnel, information gathering and mapping, 
        and development of programmatic agreements. The 
        Secretary may also use funds made available under 
        section 204 of title 23 for a project for the purposes 
        specified in this subsection with respect to the 
        environmental review process for the project.
          (2) Amounts.--Requests under paragraph (1) may be 
        approved only for the additional amounts that the 
        Secretary determines are necessary for the Federal 
        agencies, State agencies, or Indian tribes 
        participating in the environmental review process to 
        meet the time limits for environmental review.
          (3) Condition.--A request under paragraph (1) to 
        expedite time limits for environmental review may be 
        approved only if such time limits are less than the 
        customary time necessary for such review.
  (j) Judicial Review and Savings Clause.--
          (1) Judicial review.--Except as set forth under 
        subsection (k), nothing in this section shall affect 
        the reviewability of any final Federal agency action in 
        a court of the United States.
          (2) Savings clause.--Nothing in this section shall be 
        construed as superseding, amending, or modifying the 
        National Environmental Policy Act of 1969 (42 U.S.C. 
        4321 et seq.) or any other Federal environmental 
        statute or affect the responsibility of any Federal 
        officer to comply with or enforce any such statute.
          (3) Limitations.--Nothing in this section shall 
        preempt or interfere with--
                  (A) any practice of seeking, considering, or 
                responding to public comment; or
                  (B) any power, jurisdiction, responsibility, 
                or authority that a Federal, State, or local 
                government agency, metropolitan planning 
                organization, Indian tribe, or project sponsor 
                has with respect to carrying out a project or 
                any other provisions of law applicable to 
                projects, plans, or programs.
  (k) Limitations on Claims.--
          (1) In general.--Notwithstanding any other provision 
        of law, a claim arising under Federal law seeking 
        judicial review of a permit, license, or approval 
        issued by a Federal agency for a highway or public 
        transportation capital project shall be barred unless 
        it is filed within 90 days after the permit, license, 
        or approval is final pursuant to the law under which 
        the agency action is taken, unless a shorter time is 
        specified in the Federal law pursuant to which judicial 
        review is allowed. Nothing in this subsection shall 
        create a right to judicial review or place any limit on 
        filing a claim that a person has violated the terms of 
        a permit, license, or approval.
          (2) New information.--The Secretary shall consider 
        new information received after the close of a comment 
        period if the information satisfies the requirements 
        for a supplemental environmental impact statement under 
        section 771.130 of title 23, Code of Federal 
        Regulations. The preparation of a supplemental 
        environmental impact statement when required shall be 
        considered a separate final agency action and the 
        deadline for filing a claim for judicial review of such 
        action shall be 90 days after the date of such action.

                CHAPTER 53--[MASS] PUBLIC TRANSPORTATION

Sec.
5301.  Policies, findings, and purposes.
     * * * * * * *
[5304.  Transportation improvement program.
[5305.  Transportation management areas.
[5306.  Private enterprise participation in metropolitan planning and 
          transportation improvement programs and relationship to other 
          limitations.]
5304.  Statewide planning.
5305.  Planning programs.
5306.  Private enterprise participation in planning; relationship to 
          other limitations.
     * * * * * * *
[5309.  Capital investment grants and loans.
[5310.  formula Grants and loans for special needs of elderly 
          individuals and individuals with disabilities.
[5311.  Formula grant for other than urbanized areas.
[5312.  Research, development, demonstration, and training projects.
[5313.  State planning and research programs.
[5314.  National planning and research programs.]
5309.  Capital investment grants.
5310.  Formula grants for special needs of elderly individuals and 
          individuals with disabilities.
5311.  Formula grants for other than urbanized areas.
5312.  Research, development, demonstration, and deployment projects.
5313.  Cooperative research program.
5314.  National research and technology programs.
     * * * * * * *
5316.  Job access and reverse commute formula grants.
5317.  New freedom program.
     * * * * * * *
[5320.  Suspended light rail system technology pilot project.]
5320.  Transit in the parks pilot program.
     * * * * * * *
[5324.  Limitations on discretionary and special needs grants and 
          loans.]
5324.  Special provisions for capital projects.
5325.  Contract requirements.
[5326.  Special procurements.]
     * * * * * * *
[5329.  Investigation of safety hazards.
[5330.  Withholding amounts for noncompliance with safety requirements.]
5329.  Investigation of safety and hazards.
5330.  State safety oversight.
     * * * * * * *
[5335.  Reports and audits.]
5335.  National transit database.
5336.  Apportionment of appropriations for formula grants.
[5337.  Apportionment of appropriations for fixed guideway 
          modernization.]
5337.  Apportionment based on fixed guideway factors.
     * * * * * * *

Sec. 5301. Policies, findings, and purposes

  [(a) Development of Transportation Systems.--It is in the 
interest of the United States to encourage and promote the 
development of transportation systems that embrace various 
modes of transportation and efficiently maximize mobility of 
individuals and goods in and through urbanized areas and 
minimize transportation-related fuel consumption and air 
pollution.]
  (a) Development and Revitalization of Public Transportation 
Systems.--It is in the interest of the United States to foster 
the development and revitalization of public transportation 
systems that--
          (1) maximize the safe, secure, and efficient mobility 
        of individuals;
          (2) minimize environmental impacts; and
          (3) minimize transportation-related fuel consumption 
        and reliance on foreign oil.

           *       *       *       *       *       *       *

  (b) General Findings.--Congress finds that--
          (1) * * *

           *       *       *       *       *       *       *

          (4) for many years the [mass] public transportation 
        industry capably and profitably satisfied the 
        transportation needs of the urban areas of the United 
        States but in the early 1970's continuing even minimal 
        [mass] public transportation service in urban areas was 
        threatened because maintaining that transportation 
        service was financially burdensome;

           *       *       *       *       *       *       *

          (6) some urban areas were developing preliminary 
        plans for, or carrying out, projects in the early 
        1970's to revitalize their [mass] public transportation 
        operations;
          (7) significant [mass] public transportation 
        improvements are necessary to achieve national goals 
        for improved air quality, energy conservation, 
        international competitiveness, and mobility for elderly 
        individuals, individuals with disabilities, and 
        economically disadvantaged individuals in urban and 
        rural areas of the United States;
          (8) financial assistance by the Government to develop 
        efficient and coordinated [mass] public transportation 
        systems is essential to solve the urban transportation 
        problems referred to in clause (2) of this subsection; 
        and
          (9) immediate substantial assistance by the 
        Government is needed to enable [mass] public 
        transportation systems to continue providing vital 
        transportation service.

           *       *       *       *       *       *       *

  (d) Elderly Individuals and Individuals With Disabilities.--
It is the policy of the Government that elderly individuals and 
individuals with disabilities have the same right as other 
individuals to use [mass] public transportation service and 
facilities. Special efforts shall be made in planning and 
designing [mass] public transportation service and facilities 
to ensure that [mass] public transportation can be used by 
elderly individuals and individuals with disabilities. All 
programs of the Government assisting [mass] public 
transportation shall carry out this policy.
  (e) Preserving the Environment.--It is the policy of the 
Government that special effort shall be made to preserve the 
natural beauty of the countryside, public park and recreation 
lands, wildlife and waterfowl refuges, and important historical 
and cultural assets when planning, designing, and carrying out 
[an urban mass] a public transportation capital project with 
assistance from the Government [under sections 5309 and 5310 of 
this title].
  (f) General Purposes.--The purposes of this chapter are--
          (1) to assist in developing improved [mass] public 
        transportation equipment, facilities, techniques, and 
        methods with the cooperation of [public and private 
        mass transportation companies] both public 
        transportation companies and private companies engaged 
        in public transportation;
          (2) to encourage the planning and establishment of 
        areawide [urban mass] public transportation systems 
        needed for economical and desirable urban development 
        with the cooperation of [public and private mass 
        transportation companies] both public transportation 
        companies and private companies engaged in public 
        transportation;
          (3) to assist States and local governments and their 
        authorities in financing areawide [urban mass] public 
        transportation systems that are to be operated by 
        [public or private mass transportation companies] 
        public transportation companies or private companies 
        engaged in public transportation as decided by local 
        needs;

           *       *       *       *       *       *       *

          (5) to establish a partnership that allows a 
        community, with financial assistance from the 
        Government, to satisfy its [urban mass] public 
        transportation requirements.

Sec. 5302. Definitions

  (a) In General.--[In this chapter] Except as otherwise 
specifically provided, in this chapter, the following 
definitions apply:
          (1) Capital project.--The term ``capital project'' 
        means a project for--
                  (A) acquiring, constructing, supervising, or 
                inspecting equipment or a facility for use in 
                [mass] public transportation, expenses 
                incidental to the acquisition or construction 
                (including designing, engineering, location 
                surveying, mapping, and acquiring rights-of-
                way), payments for the capital portions of rail 
                trackage rights agreements, transit-related 
                intelligent transportation systems, relocation 
                assistance, acquiring replacement housing 
                sites, and acquiring, constructing, relocating, 
                and rehabilitating replacement housing;

           *       *       *       *       *       *       *

                  (F) leasing equipment or a facility for use 
                in [mass] public transportation, subject to 
                regulations that the Secretary prescribes 
                limiting the leasing arrangements to those that 
                are more cost-effective than purchase or 
                construction;
                  (G) a [mass] public transportation 
                improvement that enhances economic development 
                or incorporates private investment, including 
                commercial and residential development, 
                pedestrian and bicycle access to a [mass] 
                public transportation facility, construction, 
                renovation, and improvement of intercity bus 
                stations and terminals, and the renovation and 
                improvement of historic transportation 
                facilities, because the improvement enhances 
                the effectiveness of a [mass] public 
                transportation project and is related 
                physically or functionally to that [mass] 
                public transportation project, or establishes 
                new or enhanced coordination between [mass] 
                public transportation and other transportation, 
                and provides a fair share of revenue for [mass] 
                public transportation that will be used for 
                [mass] public transportation--
                          (i) * * *
                          (ii) excluding construction of a 
                        commercial revenue-producing facility 
                        (other than an intercity bus station or 
                        terminal) or a part of a public 
                        facility not related to [mass] public 
                        transportation;
                  (H) the introduction of new technology, 
                through innovative and improved products, into 
                [mass] public transportation; [or]
                  (I) the provision of nonfixed route 
                paratransit transportation services in 
                accordance with section 223 of the Americans 
                with Disabilities Act of 1990 (42 U.S.C. 
                12143), but only for grant recipients that are 
                in compliance with applicable requirements of 
                that Act, including both fixed route and demand 
                responsive service, and only for amounts not to 
                exceed 10 percent of such recipient''s annual 
                formula apportionment under sections 5307 and 
                5311[.];
                  (J) crime prevention and security--
                          (i) including--
                                  (I) projects to refine and 
                                develop security and emergency 
                                response plans;
                                  (II) projects aimed at 
                                detecting chemical and 
                                biological agents in public 
                                transportation;
                                  (III) the conduct of 
                                emergency response drills with 
                                public transportation agencies 
                                and local first response 
                                agencies; and
                                  (IV) security training for 
                                public transportation 
                                employees; but
                          (ii) excluding all expenses related 
                        to operations, other than such expenses 
                        incurred in conducting activities 
                        described in subclauses (III) and (IV);
                  (K) establishment of a debt service reserve 
                made up of deposits with a bondholders' trustee 
                in a noninterest bearing account for the 
                purpose of ensuring timely payment of principal 
                and interest on bonds issued by a grant 
                recipient for purposes of financing an eligible 
                project under this chapter; or
                  (L) mobility management--
                          (i) consisting of short-range 
                        planning and management activities and 
                        projects for improving coordination 
                        among public transportation and other 
                        transportation service providers 
                        carried out by a recipient or 
                        subrecipient through an agreement 
                        entered into with a person, including a 
                        governmental entity, under this chapter 
                        (other than section 5309); but
                          (ii) excluding operating public 
                        transportation services.

           *       *       *       *       *       *       *

          (4) Fixed guideway.--The term ``fixed guideway'' 
        means a [mass] public transportation facility--
                  (A) using and occupying a separate right-of-
                way or rail for the exclusive use of [mass] 
                public transportation and other high occupancy 
                vehicles; or

           *       *       *       *       *       *       *

          (5) [Handicapped individual] Individual with a 
        disability.--The term ``[handicapped individual] 
        individual with a disability'' means an individual who, 
        because of illness, injury, age, congenital 
        malfunction, or other incapacity or temporary or 
        permanent disability (including an individual who is a 
        wheelchair user or has semiambulatory capability), 
        cannot use effectively, without special facilities, 
        planning, or design, [mass] public transportation 
        service or a [mass] public transportation facility.

           *       *       *       *       *       *       *

          [(7) Mass transportation.--The term ``mass 
        transportation'' means transportation by a conveyance 
        that provides regular and continuing general or special 
        transportation to the public, but does not include 
        school bus, charter, or sightseeing transportation.]
          (7) Mass transportation.--The term ``mass 
        transportation'' means public transportation.

           *       *       *       *       *       *       *

          (9) New bus model.--The term ``new bus model'' means 
        a bus model (including a model using alternative 
        fuel)--
                  (A) that has not been used in [mass] public 
                transportation in the United States before the 
                date of production of the model; or
                  (B) used in [mass] public transportation in 
                the United States, but being produced with a 
                major change in configuration or components.
          [(10) Public transportation.--The term ``public 
        transportation'' means mass transportation.]
          (10) Public transportation.--The term ``public 
        transportation'' means transportation by a conveyance 
        that provides regular and continuing general or special 
        transportation to the public, but does not include 
        schoolbus, charter, or sightseeing transportation.

           *       *       *       *       *       *       *

          (14) Transit.--The term ``transit'' means [mass] 
        public transportation.
          (15) Transit enhancement.--The term ``transit 
        enhancement'' means, with respect to any project or an 
        area to be served by a project, projects that are 
        designed to enhance [mass] public transportation 
        service or use and that are physically or functionally 
        related to transit facilities. Eligible projects are--
                  (A) historic preservation, rehabilitation, 
                and operation of historic [mass] public 
                transportation buildings, structures, and 
                facilities (including historic bus and railroad 
                facilities);

           *       *       *       *       *       *       *

                  (F) bicycle access, including bicycle storage 
                facilities and installing equipment for 
                transporting bicycles on [mass] public 
                transportation vehicles;
                  (G) transit connections to parks within the 
                recipient's transit service area;
                  (H) signage; and
                  (I) enhanced access for persons with 
                disabilities to [mass] public transportation.
          (16) Urban area.--The term ``urban area'' means an 
        area that includes a municipality or other built-up 
        place that the Secretary, after considering local 
        patterns and trends of urban growth, decides is 
        appropriate for a local [mass] public transportation 
        system to serve individuals in the locality.
          [(17) Urbanized area.--The term ``urbanized area'' 
        means an area--
                  [(A) encompassing at least an urbanized area 
                within a State that the Secretary of Commerce 
                designates; and
                  [(B) designated as an urbanized area within 
                boundaries fixed by State and local officials 
                and approved by the Secretary.]
          (17) Urbanized area.--The term ``urbanized area'' 
        means an area encompassing a population of at least 
        50,000 people that has been defined and designated in 
        the latest decennial census as an urbanized area by the 
        Secretary of Commerce.
  (b) Authority To Modify ``[Handicapped Individual] Individual 
With a Disability''.--The Secretary may by regulation modify 
the definition of the term ``[handicapped individual] 
individual with a disability'' in subsection (a)(5) as it 
applies to section 5307(d)(1)(D).

[Sec. 5303. Metropolitan planning

  [(a) General Requirements.--
          [(1) Development of plans and programs.--To carry out 
        section 5301(a), metropolitan planning organizations 
        designated under subsection (c), in cooperation with 
        the States and mass transportation operators, shall 
        develop transportation plans and programs for urbanized 
        areas of the State.
          [(2) Contents.--The plans and programs developed 
        under paragraph (1) for each metropolitan area shall 
        provide for the development and integrated management 
        and operation of transportation systems and facilities 
        (including pedestrian walkways and bicycle 
        transportation facilities) that will function as an 
        intermodal transportation system for the metropolitan 
        area and as an integral part of an intermodal 
        transportation system for the State and the United 
        States.
          [(3) Process.--The process for developing the plans 
        and programs shall provide for consideration of all 
        modes of transportation and shall be continuing, 
        cooperative, and comprehensive to the degree 
        appropriate, based on the complexity of the 
        transportation problems to be addressed.
  [(b) Scope of Planning Process.--
          [(1) In general.--The metropolitan transportation 
        planning process for a metropolitan area under this 
        section shall provide for consideration of projects and 
        strategies that will--
                  [(A) support the economic vitality of the 
                metropolitan area, especially by enabling 
                global competitiveness, productivity, and 
                efficiency;
                  [(B) increase the safety and security of the 
                transportation system for motorized and 
                nonmotorized users;
                  [(C) increase the accessibility and mobility 
                options available to people and for freight;
                  [(D) protect and enhance the environment, 
                promote energy conservation, and improve 
                quality of life;
                  [(E) enhance the integration and connectivity 
                of the transportation system, across and 
                between modes, for people and freight;
                  [(F) promote efficient system management and 
                operation; and
                  [(G) emphasize the preservation of the 
                existing transportation system.
          [(2) Failure to consider factors.--The failure to 
        consider any factor specified in paragraph (1) shall 
        not be reviewable by any court under this title, 
        subchapter II of chapter 5 of title 5, or chapter 7 of 
        title 5 in any matter affecting a transportation plan, 
        a transportation improvement plan, a project or 
        strategy, or the certification of a planning process.
  [(c) Designating Metropolitan Planning Organizations.--(1) To 
carry out the planning process required by this section and 
sections 5304-5306 of this title, a metropolitan planning 
organization shall be designated for each urbanized area with a 
population of more than 50,000--
          [(A) by agreement of the chief executive officer of a 
        State and units of general purpose local government 
        that together represent at least 75 percent of the 
        affected population (including the central city or 
        cities, as defined by the Bureau of the Census); or
          [(B) under procedures established by State or local 
        law.
  [(2) Each policy board of a metropolitan planning 
organization that serves an area designated as a transportation 
management area when designated or redesignated under this 
subsection shall consist of local elected officials, officials 
of public agencies that administer or operate major modes of 
transportation in the metropolitan area (including all 
transportation authorities included in the organization on June 
1, 1991), and appropriate State officials.
  [(3) More than one metropolitan planning organization may be 
designated within an existing metropolitan planning area only 
if the chief executive officer of the State and the existing 
metropolitan organization determine that the size and 
complexity of the existing metropolitan planning area make 
designation of more than one organization appropriate.
  [(4) A designation is effective until--
          [(A) the organization is redesignated under paragraph 
        (5) of this subsection; or
          [(B) revoked--
                  [(i) by agreement of the chief executive 
                officer and units of general local government 
                representing at least 75 percent of the 
                affected population; or
                  [(ii) as otherwise provided by State or local 
                procedures.
  [(5)(A) The chief executive officer and units of general 
purpose local government that together represent at least 75 
percent of the affected population (including the central city 
or cities, as defined by the Bureau of the Census) may 
redesignate by agreement a metropolitan planning organization 
when appropriate to carry out this section and sections 5304-
5306 of this title.
  [(B) A metropolitan planning organization shall be 
redesignated on request of one or more units of general local 
government representing at least 25 percent of the affected 
population (including the central city or cities, as defined by 
the Bureau of the Census) in an urbanized area with a 
population of more than 5,000,000, but less than 10,000,000 or 
that is an extreme nonattainment area for ozone or carbon 
monoxide (as defined in the Clean Air Act (42 U.S.C. 7401 et 
seq.)).
  [(C) A metropolitan planning organization shall be 
redesignated using procedures established to carry out this 
paragraph.
  [(D) Designations of metropolitan planning organizations, 
whether made under this section or under any other provision of 
law, shall remain in effect until redesignation under this 
paragraph.
  [(6) This subsection does not affect the authority, under 
State law in effect on December 18, 1991, of a public authority 
with multimodal transportation responsibilities--
          [(A) to develop plans and programs for a metropolitan 
        planning organization to adopt; and
          [(B) to develop long-range capital plans, coordinate 
        mass transportation services and projects, and carry 
        out other activities under State law.
  [(d) Metropolitan Planning Area Boundaries.--
          [(1) In general.--To carry out this section, the 
        metropolitan planning organization and the chief 
        executive officer shall decide by agreement on the 
        boundaries of a metropolitan planning area.
          [(2) Included area.--Each metropolitan planning 
        area--
                  [(A) shall encompass at least the existing 
                urbanized area and the contiguous area expected 
                to become urbanized within a 20-year forecast 
                period; and
                  [(B) may encompass the entire metropolitan 
                statistical area or consolidated metropolitan 
                statistical area, as defined by the Bureau of 
                the Census.
          [(3) Existing metropolitan planning areas in 
        nonattainment.--Notwithstanding paragraph (2), in the 
        case of an urbanized area designated as a nonattainment 
        area for ozone or carbon monoxide under the Clean Air 
        Act (42 U.S.C. 7401 et seq.), the boundaries of the 
        metropolitan planning area in existence as of the date 
        of enactment of this paragraph shall be retained, 
        except that the boundaries may be adjusted by agreement 
        of the chief executive officer of the State and any 
        affected metropolitan planning organizations, in the 
        manner described in subsection (c)(5).
          [(4) New metropolitan planning areas in 
        nonattainment.--In the case of an urbanized area 
        designated after the date of enactment of this 
        paragraph as a nonattainment area for ozone or carbon 
        monoxide under the Clean Air Act, the boundaries of the 
        metropolitan planning area--
                  [(A) shall be established in the manner 
                described in subsection (c)(1);
                  [(B) shall encompass the areas described in 
                paragraph (2)(A);
                  [(C) may encompass the areas described in 
                paragraph (2)(B); and
                  [(D) may address any nonattainment area 
                identified under the Clean Air Act for ozone or 
                carbon monoxide.
  [(e) Coordination.--(1) The Secretary of Transportation shall 
establish requirements the Secretary considers appropriate to 
encourage chief executive officers and metropolitan planning 
organizations with responsibility for part of a multi-State 
metropolitan area to provide coordinated transportation 
planning for the entire area.
  [(2) Congress consents to at least 2 States making an 
agreement or compact, not in conflict with a law of the United 
States, for cooperative efforts and mutual assistance in 
support of activities authorized under this section related to 
interstate areas and localities in the States and establishing 
authorities the States consider desirable for making the 
agreements and compacts effective.
  [(3) If more than one metropolitan planning organization has 
authority in a metropolitan area or an area designated a 
nonattainment area for ozone or carbon monoxide under the Clean 
Air Act (42 U.S.C. 7401 et seq.), each organization shall 
consult with the other organizations designated for the area 
and the State to coordinate plans and projects required by this 
section and sections 5304-5306 of this title.
  [(4) The Secretary shall encourage each metropolitan planning 
organization to coordinate, to the maximum extent practicable, 
the design and delivery of transportation services within the 
metropolitan planning area that are provided--
          [(A) by recipients of assistance under this chapter; 
        and
          [(B) by governmental agencies and non-profit 
        organizations (including representatives of the 
        agencies and organizations) that receive Governmental 
        assistance from a source other than the Department of 
        Transportation to provide non-emergency transportation 
        services.
          [(5) Coordination.--If a project is located within 
        the boundaries of more than 1 metropolitan planning 
        organization, the metropolitan planning organizations 
        shall coordinate plans regarding the project.
          [(6) Lake tahoe region.--
                  [(A) Definition.--In this paragraph, the term 
                ``Lake Tahoe region'' has the meaning given the 
                term ``region'' in subdivision (a) of article 
                II of the Tahoe Regional Planning Compact, as 
                set forth in the first section of Public Law 
                96-551 (94 Stat. 3234).
                  [(B) Transportation planning process.--The 
                Secretary shall--
                          [(i) establish with the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region a transportation planning 
                        process for the region; and
                          [(ii) coordinate the transportation 
                        planning process with the planning 
                        process required of State and local 
                        governments under this chapter and 
                        sections 134 and 135 of title 23.
                  [(C) Interstate compact.--
                          [(i) In general.--Subject to clause 
                        (ii) and notwithstanding subsection 
                        (b), to carry out the transportation 
                        planning process required by this 
                        section, the consent of Congress is 
                        granted to the States of California and 
                        Nevada to designate a metropolitan 
                        planning organization for the Lake 
                        Tahoe region, by agreement between the 
                        Governors of the States of California 
                        and Nevada and units of general purpose 
                        local government that together 
                        represent at least 75 percent of the 
                        affected population (including the 
                        central city or cities (as defined by 
                        the Bureau of the Census)), or in 
                        accordance with procedures established 
                        by applicable State or local law.
                          [(ii) Involvement of federal land 
                        management agencies.--
                                  [(I) Representation.--The 
                                policy board of a metropolitan 
                                planning organization 
                                designated under clause (i) 
                                shall include a representative 
                                of each Federal land management 
                                agency that has jurisdiction 
                                over land in the Lake Tahoe 
                                region.
                                  [(II) Funding.--In addition 
                                to funds made available to the 
                                metropolitan planning 
                                organization under other 
                                provisions of this chapter and 
                                under title 23, not more than 1 
                                percent of the funds allocated 
                                under section 202 of title 23 
                                may be used to carry out the 
                                transportation planning process 
                                for the Lake Tahoe region under 
                                this subparagraph.
                  [(D) Activities.--Highway projects included 
                in transportation plans developed under this 
                paragraph--
                          [(i) shall be selected for funding in 
                        a manner that facilitates the 
                        participation of the Federal land 
                        management agencies that have 
                        jurisdiction over land in the Lake 
                        Tahoe region; and
                          [(ii) may, in accordance with chapter 
                        2 of title 23, be funded using funds 
                        allocated under section 202 of title 
                        23.
  [(f) Developing Long-Range Transportation Plans.--(1) Each 
metropolitan planning organization shall prepare and update 
periodically, according to a schedule the Secretary of 
Transportation decides is appropriate, a long-range plan for 
its metropolitan area under the requirements of this section. 
The plan shall be in the form the Secretary considers 
appropriate and at least shall--
          [(A) identify transportation facilities (including 
        major roadways, mass transportation, and multimodal and 
        intermodal facilities) that should function as an 
        integrated metropolitan transportation system, 
        emphasizing transportation facilities that serve 
        important national, regional, and metropolitan 
        transportation functions;
          [(B) include a financial plan that--
                  [(i) demonstrates how the long-range plan can 
                be carried out;
                  [(ii) indicates resources from public and 
                private sources reasonably expected to be made 
                available to carry out the plan; and
                  [(iii) recommends any additional financing 
                strategies for needed projects and programs;
          [(C) identify transportation strategies necessary--
                  [(i) to ensure preservation, including 
                requirements for management, operation, 
                modernization, and rehabilitation, of the 
                existing and future transportation system; and
                  [(ii) to use existing transportation 
                facilities most efficiently to relieve 
                congestion, to efficiently serve the mobility 
                needs of people and goods, and to enhance 
                access within the metropolitan planning area;
          [(D) indicate appropriate proposed transportation 
        enhancement activities; and
          [(E) the financial plan may include, for illustrative 
        purposes, additional projects that would be included in 
        the adopted long-range plan if reasonable additional 
        resources beyond those identified in the financial plan 
        were available, except that, for the purpose of 
        developing the long-range plan, the metropolitan 
        planning organization and the State shall cooperatively 
        develop estimates of funds that will be available to 
        support plan implementation.
  [(2) When formulating a long-range transportation plan, the 
metropolitan planning organization shall consider the factors 
described in subsection (b) of this section and any State or 
local goals developed within the cooperative metropolitan 
planning process as they relate to a 20-year forecast period 
and to other forecast periods as determined by the participants 
in the planning process.
  [(3) In a metropolitan area that is in a nonattainment area 
for ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.), the metropolitan planning organization shall 
coordinate the development of the long-range plan with the 
development of the transportation control measures of the State 
Implementation Plan required by the Act.
  [(4) Before approving a long-range plan, each metropolitan 
planning organization shall provide citizens, affected public 
agencies, representatives of mass transportation authority 
employees, freight shippers, providers of freight 
transportation services, private providers of transportation, 
representatives of users of public transit, and other 
interested parties with a reasonable opportunity to comment on 
the plan in a way the Secretary of Transportation considers 
appropriate.
  [(5) A long-range plan shall be--
          [(A) published or otherwise made readily available 
        for public review; and
          [(B) submitted for information purposes to the chief 
        executive officer of the State at the time and in the 
        way the Secretary of Transportation establishes.
  [(6) Selection of projects from illustrative list.--
Notwithstanding paragraph (1)(E), a State or metropolitan 
planning organization shall not be required to select any 
project from the illustrative list of additional projects 
included in the financial plan under paragraph (1)(B).
  [(g) Grants.--Under criteria the Secretary of Transportation 
establishes, the Secretary may make contracts for, and grants 
to, States, local governmental authorities, and authorities of 
the States and governmental authorities, or may make agreements 
with other departments, agencies, and instrumentalities of the 
Government, to plan, engineer, design, and evaluate a mass 
transportation project and for other technical studies, 
including--
          [(1) studies related to management, operations, 
        capital requirements, and economic feasibility;
          [(2) evaluating previously financed projects; and
          [(3) other similar and related activities preliminary 
        to and in preparation for constructing, acquiring, or 
        improving the operation of facilities and equipment.
  [(h) Balanced and Comprehensive Planning.--(1) To the extent 
practicable, the Secretary of Transportation shall ensure that 
amounts made available under subsection (c) or (h)(1) of 
section 5338 of this title to carry out this section and 
sections 5304 and 5305 of this title are used to support 
balanced and comprehensive transportation planning that 
considers the relationships among land use and all 
transportation modes, without regard to the programmatic source 
of the planning amounts.
  [(2)(A) The Secretary of Transportation shall apportion 80 
percent of the amount made available under subsection (c) or 
(h)(1) of section 5338 of this title to States in a ratio equal 
to the population in urbanized areas in each State divided by 
the total population in urbanized areas in all States, as shown 
by the latest available decennial census. A State may not 
receive less than .5 percent of the amount apportioned under 
this subparagraph.
  [(B) Amounts apportioned to a State under subparagraph (A) of 
this paragraph shall be allocated to metropolitan planning 
organizations in the State designated under this section under 
a formula--
          [(i) the State develops in cooperation with the 
        metropolitan planning organizations;
          [(ii) the Secretary of Transportation approves; and
          [(iii) that considers population in urbanized areas 
        and provides an appropriate distribution for urbanized 
        areas to carry out the cooperative processes described 
        in this section.
  [(C) A State shall make amounts available promptly to 
eligible metropolitan planning organizations according to 
procedures the Secretary of Transportation approves.
  [(3)(A) The Secretary of Transportation shall apportion 20 
percent of the amount made available under subsection (c) or 
(h)(1) of section 5338 of this title to States to supplement 
allocations made under paragraph (2)(B) of this subsection for 
metropolitan planning organizations.
  [(B) Amounts under this paragraph shall be allocated under a 
formula that reflects the additional cost of carrying out 
planning, programming, and project selection responsibilities 
under this section and sections 5304-5306 of this title in 
those areas.
  [(4) To the maximum extent practicable, the Secretary of 
Transportation shall ensure that no metropolitan planning 
organization is allocated less than the amount it received by 
administrative formula under this section in the fiscal year 
that ended September 30, 1991. To carry out this subsection, 
the Secretary may make a proportionate reduction in other 
amounts made available to carry out subsection (c) or (h)(1) of 
section 5338 of this title.
  [(5) Amounts available for an activity under this subsection 
are for 80 percent of the cost of the activity unless the 
Secretary of Transportation decides it is in the interests of 
the Government not to require a State or local match.
  [(6) An amount apportioned under this subsection--
          [(A) remains available for 3 years after the fiscal 
        year in which the amount is apportioned, and
          [(B) that is unobligated at the end of the 3-year 
        period shall be reapportioned among the States for the 
        next fiscal year.

[Sec. 5304. Transportation improvement program

  [(a) Development and Update.--
          [(1) In general.--In cooperation with the State and 
        affected mass transportation operators, a metropolitan 
        planning organization designated for a metropolitan 
        area shall develop a transportation improvement program 
        for the area. In developing the program, the 
        metropolitan planning organization, in cooperation with 
        the chief executive officer of the State and any 
        affected mass transportation operator, shall provide 
        citizens, affected public agencies, representatives of 
        transportation authority employees, other affected 
        employee representatives, freight shippers, providers 
        of freight transportation services, other affected 
        employee representatives, private providers of 
        transportation, representatives of users of public 
        transit, and other interested parties with a reasonable 
        opportunity to comment on the proposed program. The 
        program shall be updated at least once every 2 years 
        and shall be approved by the organization and the chief 
        executive officer of the State.
          [(2) Funding estimate.--For the purpose of developing 
        the transportation improvement program, the 
        metropolitan planning organization, public transit 
        agency, and the State shall cooperatively develop 
        estimates of funds that are reasonably expected to be 
        available to support program implementation.
  [(b) Contents.--A transportation improvement program for a 
metropolitan area shall include--
          [(1) a priority list of projects and parts of 
        projects to be carried out in each 3-year period after 
        the program is adopted; and
          [(2) a financial plan that--
                  [(A) demonstrates how the program can be 
                carried out;
                  [(B) indicates resources from public and 
                private sources that reasonably are expected to 
                be made available to carry out the plan;
                  [(C) identifies innovative financing 
                techniques to finance projects, programs, and 
                strategies; and
                  [(D) may include, for illustrative purposes, 
                additional projects that would be included in 
                the approved transportation improvement program 
                if reasonable additional resources beyond those 
                identified in the financial plan were 
                available.
  [(c) Project Selection.--(1) Except as otherwise provided in 
section 5305(d)(1) and in addition to the transportation 
improvement program development required under subsection (b), 
the selection of federally funded projects for implementation 
in metropolitan areas shall be carried out, from the approved 
transportation improvement program--
          [(A) by--
                  [(i) in the case of projects under title 23, 
                the State; and
                  [(ii) in the case of projects under this 
                chapter, the designated transit funding 
                recipients; and
          [(B) in cooperation with the metropolitan planning 
        organization.
  [(2) A transportation improvement program for a metropolitan 
area shall include--
          [(A) projects within the area that are proposed for 
        financing under this chapter and title 23 and that are 
        consistent with the long-range plan developed under 
        section 5303(f) of this title; and
          [(B) a project or an identified phase of a project 
        only if full financing reasonably can be anticipated to 
        be available for the project in the period estimated 
        for completion.
  [(3) Notwithstanding any other provision of law, action by 
the Secretary shall not be required to advance a project 
included in the approved transportation improvement program in 
place of another project in the program.
          [(4) Selection of projects from illustrative list.--
                  [(A) In general.--Notwithstanding subsection 
                (b)(2)(D), a State or metropolitan planning 
                organization shall not be required to select 
                any project from the illustrative list of 
                additional projects included in the financial 
                plan under subsection (b)(2)(D).
                  [(B) Action by secretary.--Action by the 
                Secretary shall be required for a State or 
                metropolitan planning organization to select 
                any project from the illustrative list of 
                additional projects included in the plan under 
                subsection (b)(2) for inclusion in an approved 
                transportation improvement plan.
  [(5) Publication.--(A) A transportation improvement program 
involving Government participation shall be published or 
otherwise made readily available by the metropolitan planning 
organization for public review.
  [(B) An annual listing of projects for which Government funds 
have been obligated in the preceding year shall be published or 
otherwise made available by the metropolitan planning 
organization for public review. The listing shall be consistent 
with the categories identified in the transportation 
improvement program.
  [(6) Regionally significant projects proposed for funding 
under chapter 2 of title 23 shall be identified individually in 
the transportation improvement program. All other projects 
funded under chapter 2 of title 23 shall be grouped in 1 line 
item or identified individually in the transportation 
improvement program.
  [(d) Notice and Comment.--Before approving a transportation 
improvement program, a metropolitan planning organization shall 
provide citizens, affected public agencies, representatives of 
transportation agency employees, private providers of 
transportation, and other interested parties with reasonable 
notice and an opportunity to comment on the proposed program.
  [(e) Regulatory Proceeding.--Not later than June 18, 1992, 
the Secretary of Transportation shall begin a regulatory 
proceeding to conform review requirements for mass 
transportation projects under the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) to comparable requirements 
under that Act applicable to highway projects. This section and 
sections 5303, 5305, and 5306 of this title do not affect the 
applicability of the Act to mass transportation or highway 
projects. A mass transportation project that has an approved 
draft Environmental Impact Statement is exempt from complying 
with requirements under the Act applicable to highway projects.

[Sec. 5305. Transportation management areas

  [(a) Designation.--The Secretary of Transportation shall 
designate as a transportation management area--
          [(1) each urbanized area with a population of more 
        than 200,000; and
          [(2) any other area, if requested by the chief 
        executive officer and the metropolitan planning 
        organization designated for the area.
  [(b) Transportation Plans and Programs.--Transportation plans 
and programs in a transportation management area shall be based 
on a continuing and comprehensive transportation planning 
process the metropolitan planning organization carries out in 
cooperation with the State and affected mass transportation 
operators.
  [(c) Congestion Management System.--The transportation 
planning process under sections 5303, 5304, and 5306 of this 
title in a transportation management area shall include a 
congestion management system providing for effective 
management, through travel demand reduction and operational 
management strategies, of new and existing transportation 
facilities eligible for financing under this chapter and title 
23.
  [(d) Project Selection.--(1)(A) All federally funded projects 
carried out within the boundaries of a transportation 
management area under title 23 (excluding projects carried out 
on the National Highway System and projects carried out under 
the bridge and interstate maintenance program) or under this 
chapter shall be selected from the approved transportation 
improvement program by the metropolitan planning organization 
designated for the area in consultation with the State and any 
affected public transit operator.
  [(B) Projects carried out within the boundaries of a 
transportation management area on the National Highway System 
and projects carried out within such boundaries under the 
bridge program or the interstate maintenance program shall be 
selected from the approved transportation improvement program 
by the State in cooperation with the metropolitan planning 
organization designated for the area.
  [(2)(A) A selection under this subsection must comply with 
the transportation improvement program for the area.
  [(B) A selection under paragraph (1)(A) of this subsection 
must comply with priorities established in the program.
  [(e) Certification.--(1) At least once every 3 years, the 
Secretary shall ensure and certify that each metropolitan 
planning organization in each transportation management area is 
carrying out its responsibilities under applicable laws of the 
United States. The Secretary may make the certification only if 
the organization is complying with section 134 of title 23 and 
other applicable requirements of laws of the United States and 
the organization and chief executive officer have approved a 
transportation improvement program for the area.
  [(2)(A) If a metropolitan planning process is not certified, 
the Secretary may withhold not more than 20 percent of the 
apportioned funds attributable to the transportation management 
area under this chapter and title 23.
  [(B) Any apportionments withheld under subparagraph (A) shall 
be restored to the metropolitan area at such time as the 
metropolitan planning organization is certified by the 
Secretary.
  [(3) The Secretary may not withhold certification based on 
the policies and criteria a metropolitan planning organization 
or mass transportation grant recipient establishes under 
section 5306(a) of this title for deciding the feasibility of 
private enterprise participation.
  [(4) In making certification determinations under this 
subsection, the Secretary shall provide for public involvement 
appropriate to the metropolitan area under review.
  [(f) Additional Requirements for Certain Nonattainment 
Areas.--Government amounts may be made available for a mass 
transportation project resulting in a significant increase in 
carrying capacity for single occupant vehicles in a 
transportation management area classified as a nonattainment 
area for ozone or carbon monoxide under the Clean Air Act (42 
U.S.C. 7401 et seq.) only if the project is part of an approved 
congestion management system.
  [(g) Areas Not Designated Transportation Management Areas.--
(1) The Secretary may provide for the development of 
abbreviated metropolitan transportation plans and programs the 
Secretary decides are appropriate to carry out this section and 
sections 5303, 5304, and 5306 of this title for metropolitan 
areas not designated transportation management areas under this 
section. The Secretary shall consider the complexity of 
transportation problems in those areas, including 
transportation-related air quality problems.
  [(2) The Secretary may not provide an abbreviated plan or 
program for a metropolitan area in a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.).
  [(h) Continuation of Current Review Practice.--Since plans 
and programs described in this section are subject to a 
reasonable opportunity for public comment, since individual 
projects included in the plans and programs are subject to 
review under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), and since decisions by the Secretary 
concerning plans and programs described in this section have 
not been reviewed under such Act as of January 1, 1997, any 
decision by the Secretary concerning a plan or program 
described in this section shall not be considered to be a 
Federal action subject to review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).]

Sec. 5303. Metropolitan planning

  (a) In General.--Grants made under sections 5307, 5308, 5309, 
5310, 5311, 5316, and 5317 shall be carried out in accordance 
with the metropolitan planning provisions of chapter 52.
  (b) Certification.--
          (1) In general.--The Secretary shall ensure and 
        certify that each metropolitan planning organization in 
        each transportation management area is carrying out its 
        responsibilities under applicable laws of the United 
        States. The Secretary may make the certification only 
        if the organization is complying with chapter 52 and 
        other applicable requirements of laws of the United 
        States and the organization and chief executive officer 
        have approved a transportation improvement program for 
        the area.
          (2) Limitation on withholding certification.--The 
        Secretary may not withhold certification based on the 
        policies and criteria a metropolitan planning 
        organization or mass transportation grant recipient 
        establishes under section 5306(a) for deciding the 
        feasibility of private enterprise participation.

Sec. 5304. Statewide planning

  Grants made under sections 5307, 5308, 5309, 5310, 5311, 
5316, and 5317 shall be carried out in accordance with the 
statewide planning provisions of chapter 52.

Sec. 5305. Planning programs

  (a) State Defined.--In this section the term ``State'' means 
a State of the United States, the District of Columbia, and 
Puerto Rico.
  (b) General Authority.--
          (1) Assistance.--Under criteria to be established by 
        the Secretary, the Secretary may provide assistance 
        for--
                  (A) the development of transportation plans 
                and programs;
                  (B) planning, engineering, designing, and 
                evaluating a public transportation project; and
                  (C) for other technical studies.
          (2) Grants, agreements, and contracts.--The Secretary 
        may provide assistance under paragraph (1)--
                  (A) by making grants to States, authorities 
                of States, metropolitan planning organizations, 
                and local governmental authorities; or
                  (B) by making agreements with other 
                departments, agencies, and instrumentalities of 
                the Government.
          (3) Eligible activities.--Activities eligible for 
        assistance under paragraph (1) include the following:
                  (A) Studies related to management, planning, 
                operations, capital requirements, and economic 
                feasibility.
                  (B) Evaluating previously financed projects.
                  (C) Peer reviews and exchanges of technical 
                data, information, assistance, and related 
                activities in support of planning and 
                environmental analyses among metropolitan 
                planning organizations and other transportation 
                planners.
                  (D) Other similar and related activities 
                preliminary to and in preparation for 
                constructing, acquiring, or improving the 
                operation of facilities and equipment.
  (c) Purpose.--To the extent practicable, the Secretary shall 
ensure that amounts appropriated or made available under 
section 5338 to carry out this section and sections 5303 and 
5304 are used to support balanced and comprehensive 
transportation planning that considers the relationships among 
land use and all transportation modes, without regard to the 
programmatic source of the planning amounts.
  (d) Metropolitan Planning Program.--
          (1) Apportionment to states.--
                  (A) In general.--The Secretary shall 
                apportion 80 percent of the amounts made 
                available under subsection (g)(1) among the 
                States to carry out sections 5303 and 5306 in 
                the ratio that--
                          (i) the population of urbanized areas 
                        in each State, as shown by the latest 
                        available decennial census of 
                        population; bears to
                          (ii) the total population of 
                        urbanized areas in all States, as shown 
                        by that census.
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), a State may not receive less 
                than 0.5 percent of the amount apportioned 
                under this paragraph.
          (2) Allocation to mpo's.--Amounts apportioned to a 
        State under paragraph (1) shall be made available 
        within 30 days after allocation to metropolitan 
        planning organizations in the State designated under 
        this section under a formula that--
                  (A) considers population of urbanized areas;
                  (B) provides an appropriate distribution for 
                urbanized areas to carry out the cooperative 
                processes described in this section;
                  (C) the State develops in cooperation with 
                the metropolitan planning organizations; and
                  (D) the Secretary approves.
          (3) Supplemental amounts.--
                  (A) In general.--The Secretary shall 
                apportion 20 percent of the amounts made 
                available under subsection (g)(1) among the 
                States to supplement allocations made under 
                paragraph (1) for metropolitan planning 
                organizations.
                  (B) Formula.--The Secretary shall apportion 
                amounts referred to in subparagraph (A) under a 
                formula that reflects the additional cost of 
                carrying out planning, programming, and project 
                selection responsibilities under sections 5303 
                and 5306 in certain urbanized areas.
  (e) State Planning and Research Program.--
          (1) Apportionment to states.--
                  (A) In general.--The Secretary shall 
                apportion the amounts made available under 
                subsection (g)(2) among the States for grants 
                and contracts to carry out sections 5303 
                through 5306, 5312, 5315, and 5322 in the ratio 
                that--
                          (i) the population of urbanized areas 
                        in each State, as shown by the latest 
                        available decennial census; bears to
                          (ii) the population of urbanized 
                        areas in all States, as shown by that 
                        census.
                  (B) Minimum apportionment.--Notwithstanding 
                subparagraph (A), a State may not receive less 
                than 0.5 percent of the amount apportioned 
                under this paragraph.
          (2) Supplemental amounts.--A State, as the State 
        considers appropriate, may authorize part of the amount 
        made available under this subsection to be used to 
        supplement amounts made available under subsection (d).
  (f) Government's Share of Costs.--The Government's share of 
the cost of an activity funded using amounts made available 
under this section may not exceed 80 percent of the cost of the 
activity unless the Secretary determines that it is in the 
interests of the Government not to require a State or local 
match.
  (g) Allocation of Funds.--Of the funds made available by or 
appropriated to carry out this section under section 5338(c) 
for fiscal years 2004 through 2009--
          (1) 82.72 percent shall be available for the 
        metropolitan planning program under subsection (d); and
          (2) 17.28 percent shall be available to carry out 
        subsection (e).
  (h) Availability of Funds.--Funds apportioned under this 
section in a State shall remain available for obligation in 
that State for a period of 3 years after the last day of the 
fiscal year for which the funds are authorized. Any amounts so 
apportioned that remain unobligated at the end of that period 
shall be reapportioned among the States.

[Sec. 5306. Private enterprise participation in metropolitan planning 
                    and transportation improvement programs and 
                    relationship to other limitations]

Sec. 5306. Private enterprise participation in planning; relationship 
                    to other limitations

  (a) * * *

           *       *       *       *       *       *       *

Sec. 5307. Urbanized area formula grants

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) * * *
          (2) Designated recipient.--The term ``designated 
        recipient'' means--
                  (A) [a person] an entity designated, 
                consistent with the planning process under 
                sections 5303-5306 of this title, by the chief 
                executive officer of a State, responsible local 
                officials, and publicly owned operators of 
                [mass] public transportation to receive and 
                apportion amounts under section 5336 of this 
                title that are attributable to transportation 
                management areas established under [section 
                5305(a) of this title] chapter 52; or
                  (B) a State or regional authority if the 
                authority is responsible under the laws of a 
                State for a capital project and for financing 
                and directly providing [mass] public 
                transportation.
  (b) General Authority.--[(1) The Secretary of Transportation 
may make grants under this section for capital projects and to 
finance the planning and improvement costs of equipment, 
facilities, and associated capital maintenance items for use in 
mass transportation, including the renovation and improvement 
of historic transportation facilities with related private 
investment. The Secretary may also make grants under this 
section to finance the operating cost of equipment and 
facilities for use in mass transportation in an urbanized area 
with a population of less than 200,000.]
          (1) Grants.--The Secretary may make grants under this 
        section for--
                  (A) capital projects and associated capital 
                maintenance items;
                  (B) planning;
                  (C) transit enhancements; and
                  (D) operating costs of equipment and 
                facilities for use in public transportation in 
                an urbanized area with a population of less 
                than 200,000.
  (2) Special rule for [fiscal years 2003 and 2004 and for the 
period of October 1, 2004, through May 31, 2005] fiscal years 
2003 through 2005.--
          (A) Increased flexibility.--The Secretary may make 
        grants under this section, from funds made available to 
        carry out this section for [fiscal years 2003 and 2004 
        and for the period of October 1, 2004, through May 31, 
        2005] fiscal years 2003, 2004, and 2005, to finance the 
        operating cost of equipment and facilities for use in 
        [mass] public transportation in an urbanized area with 
        a population of at least 200,000 as determined under 
        the 2000 decennial census of population if--
                  (i) * * *

           *       *       *       *       *       *       *

  (3) In a transportation management area designated under 
[section 5305(a) of this title] chapter 52, amounts that cannot 
be used to pay operating expenses under this section also are 
available for a highway project if--
          (A) that use is approved, in writing, by the 
        metropolitan planning organization under [section 5303 
        of this title] chapter 52 after appropriate notice and 
        an opportunity for comment and appeal is provided to 
        affected [mass] public transportation providers;

           *       *       *       *       *       *       *

  (c) Public Participation Requirements.--Each recipient of a 
grant shall--
          (1) * * *

           *       *       *       *       *       *       *

          (5) ensure that the proposed program of projects 
        provides for the coordination of [mass] public 
        transportation services assisted under section 5336 of 
        this title with transportation services assisted from 
        other United States Government sources;

           *       *       *       *       *       *       *

  (d) Grant Recipient Requirements.--A recipient may receive a 
grant in a fiscal year only if--
          (1) the recipient, within the time the Secretary 
        prescribes, submits a final program of projects 
        prepared under subsection (c) of this section and a 
        certification for that fiscal year that the recipient 
        (including a person receiving amounts from a chief 
        executive officer of a State under this section)--
                  (A) has or will have the legal, financial, 
                and technical capacity to carry out the 
                program, including safety and security aspects 
                of the program;

           *       *       *       *       *       *       *

                  (H) will comply with [sections 5301(a) and 
                (d), 5303-5306, and 5310(a)-(d) of this title] 
                subsections (a) and (d) of section 5301 and 
                sections 5303 through 5306;
                  (I) has a locally developed process to 
                solicit and consider public comment before 
                raising a fare or carrying out a major 
                reduction of transportation; [and]
                  (J)(i) will expend for each fiscal year for 
                [mass] public transportation security projects, 
                including increased lighting in or adjacent to 
                a [mass] public transportation system 
                (including bus stops, subway stations, parking 
                lots, and garages), increased camera 
                surveillance of an area in or adjacent to that 
                system, providing an emergency telephone line 
                to contact law enforcement or security 
                personnel in an area in or adjacent to that 
                system, and any other project intended to 
                increase the security and safety of an existing 
                or planned [mass] public transportation system, 
                at least one percent of the amount the 
                recipient receives for each fiscal year under 
                section 5336 of this title; or
                  (ii) has decided that the expenditure for 
                security projects is not necessary; and
                  (K) in the case of a recipient for an 
                urbanized area with a population of at least 
                200,000--
                          (i) will expend one percent of the 
                        amount the recipient receives each 
                        fiscal year under this section for 
                        projects for transit enhancements, as 
                        defined in section 5302(a); and
                          (ii) will submit an annual report 
                        listing projects carried out in the 
                        preceding fiscal year with those funds; 
                        and
          (2) the Secretary accepts the certification.
  [(e) Government's Share of Costs.--A grant of the Government 
for a capital project (including associated capital maintenance 
items) under this section is for 80 percent of the net project 
cost of the project. A recipient may provide additional local 
matching amounts. A grant for operating expenses may not be 
more than 50 percent of the net project cost of the project. 
The remainder of the net project cost shall be provided in cash 
from sources other than amounts of the Government or revenues 
from providing mass transportation (excluding revenues derived 
from the sale of advertising and concessions that are more than 
the amount of those revenues in the fiscal year that ended 
September 30, 1985). Transit system amounts that make up the 
remainder shall be from an undistributed cash surplus, a 
replacement or depreciation cash fund or reserve, or new 
capital.]
  (e) Government's Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        (including associated capital maintenance items) under 
        this section shall be for 80 percent of the net project 
        cost of the project. The recipient may provide 
        additional local matching amounts.
          (2) Operating expenses.--A grant for operating 
        expenses under this section may not exceed 50 percent 
        of the net project cost of the project.
          (3) Remainder.--The remainder of the net project cost 
        shall be provided--
                  (A) in cash from sources other than amounts 
                of the Government or revenues from providing 
                public transportation (excluding revenues 
                derived from the sale of advertising and 
                concessions);
                  (B) from an undistributed cash surplus, a 
                replacement or depreciation cash fund or 
                reserve, or new capital; and
                  (C) from amounts received under a service 
                agreement with a State or local social service 
                agency or private social service organization.
  (f) Statewide Operating Assistance.--(1) A State authority 
that is a designated recipient and providing [mass] public 
transportation in at least 2 urbanized areas may apply for 
operating assistance in an amount not more than the amount for 
all urbanized areas in which it provides transportation.

           *       *       *       *       *       *       *

  [(h) Streamlined Administrative Procedures.--The Secretary 
shall prescribe streamlined administrative procedures for 
complying with the certification requirement under subsection 
(d)(1)(B) and (C) of this section for track and signal 
equipment used in existing operations.]
  [(i)] (h) Reviews, Audits, and Evaluations.--(1)(A) At least 
annually, the Secretary [shall] may carry out, or require a 
recipient to have carried out independently, reviews and audits 
the Secretary considers appropriate to establish whether the 
recipient has carried out--
                  (i) * * *

           *       *       *       *       *       *       *

  [(j)] (i) Reports.--A recipient (including a person receiving 
amounts from a chief executive officer of a State under this 
section) shall submit annually to the Secretary a report on the 
revenues the recipient derives from the sale of advertising and 
concessions.
  [(k) Transit Enhancement Activities.--
          [(1) In general.--One percent of the funds 
        apportioned to urbanized areas with a population of at 
        least 200,000 under section 5336 for a fiscal year 
        shall be made available for transit enhancement 
        activities in accordance with section 5302(a)(15).
          [(2) Period of availability.--Funds apportioned under 
        paragraph (1) shall be available for obligation for 3 
        years following the fiscal year in which the funds are 
        apportioned. Funds that are not obligated at the end of 
        such period shall be reapportioned under the urbanized 
        area formula program of section 5336.
          [(3) Report.--A recipient of funds apportioned under 
        paragraph (1) shall submit, as part of the recipient's 
        annual certification to the Secretary, a report listing 
        the projects carried out during the preceding fiscal 
        year with those funds.]
  [(l)] (j) Procurement System Approval.--A recipient may 
request the Secretary to approve its procurement system. The 
Secretary shall approve the system for use for procurements 
financed under section 5336 of this title if, after consulting 
with the Administrator for Federal Procurement Policy, the 
Secretary decides the system provides for competitive 
procurement. Approval of a system under this subsection does 
not relieve a recipient of the duty to certify under subsection 
(d)(1)(E) of this section.
  [(m)] (k) Operating Ferries Outside Urbanized Areas.--A 
vessel used in ferryboat operations financed under section 5336 
of this title that is part of a State-operated ferry system may 
be operated occasionally outside the urbanized area in which 
service is provided to accommodate periodic maintenance if 
existing ferry service is not reduced significantly by 
operating outside the area.
  [(n)] (l) Relationship to Other Laws.--[(1) Section 1001 of 
title 18 applies to a certificate or submission under this 
section. The Secretary may end a grant under this section and 
seek reimbursement, directly or by offsetting amounts available 
under section 5336 of this title, when a false or fraudulent 
statement or related act within the meaning of section 1001 is 
made in connection with a certification or submission.]
          [(2)] (1) This chapter._Sections 5302, 5318, 5319, 
        5323 (a)(1), (d), and (f), 5332, and 5333 of this title 
        apply to this section and to a grant made under this 
        section. Except as provided in this section, no other 
        provision of this chapter applies to this section or to 
        a grant made under this section.
          (2) Chapter 15 of title 5.--The provision of 
        assistance under this chapter shall not be construed as 
        bringing within the application of chapter 15 of title 
        5 any nonsupervisory employee of a public 
        transportation system (or any other agency or entity 
        performing related functions) to which such chapter is 
        otherwise inapplicable.
  (m) Treatment.--For purposes of this section, the United 
States Virgin Islands shall be treated as an urbanized area, as 
defined in section 5302.

[Sec. 5308. Clean fuels formula grant program

  [(a) Definitions.--In this section--
          [(1) the term ``clean fuel vehicle'' means a vehicle 
        that--
                  [(A) is powered by--
                          [(i) compressed natural gas;
                          [(ii) liquefied natural gas;
                          [(iii) biodiesel fuels;
                          [(iv) batteries;
                          [(v) alcohol-based fuels;
                          [(vi) hybrid electric;
                          [(vii) fuel cell;
                          [(viii) clean diesel, to the extent 
                        allowed under this section; or
                          [(ix) other low or zero emissions 
                        technology; and
                  [(B) the Administrator of the Environmental 
                Protection Agency has certified sufficiently 
                reduces harmful emissions;
          [(2) the term ``designated recipient'' has the same 
        meaning as in section 5307(a)(2); and
          [(3) the term ``eligible project''--
                  [(A) means a project for--
                          [(i) purchasing or leasing clean fuel 
                        buses, including buses that employ a 
                        lightweight composite primary 
                        structure;
                          [(ii) constructing or leasing clean 
                        fuel buses or electrical recharging 
                        facilities and related equipment;
                          [(iii) improving existing mass 
                        transportation facilities to 
                        accommodate clean fuel buses;
                          [(iv) repowering pre-1993 engines 
                        with clean fuel technology that meets 
                        the current urban bus emission 
                        standards; or
                          [(v) retrofitting or rebuilding pre-
                        1993 engines if before half life to 
                        rebuild; and
                  [(B) in the discretion of the Secretary, may 
                include projects relating to clean fuel, 
                biodiesel, hybrid electric, or zero emissions 
                technology vehicles that exhibit equivalent or 
                superior emissions reductions to existing clean 
                fuel or hybrid electric technologies.
  [(b) Authority.--The Secretary shall make grants in 
accordance with this section to designated recipients to 
finance eligible projects.
  [(c) Application.--
          [(1) In general.--Not later than January 1 of each 
        year, any designated recipient seeking to apply for a 
        grant under this section for an eligible project shall 
        submit an application to the Secretary, in such form 
        and in accordance with such requirements as the 
        Secretary shall establish by regulation.
          [(2) Certification required.--An application 
        submitted under paragraph (1) shall contain a 
        certification by the applicant that the grantee will 
        operate vehicles purchased with a grant under this 
        section only with clean fuels.
  [(d) Apportionment of Funds.--
          [(1) Formula.--Not later than February 1 of each 
        year, the Secretary shall apportion amounts made 
        available to carry out this section to designated 
        recipients submitting applications under subsection 
        (c), of which--
                  [(A) two-thirds shall be apportioned to 
                designated recipients with eligible projects in 
                urban areas with a population of at least 
                1,000,000, of which--
                          [(i) 50 percent shall be apportioned, 
                        such that each such designated 
                        recipient receives a grant in an amount 
                        equal to the ratio between--
                                  [(I) the number of vehicles 
                                in the bus fleet of the 
                                eligible project of the 
                                designated recipient, weighted 
                                by severity of nonattainment 
                                for the area in which the 
                                eligible project is located, as 
                                provided in paragraph (2); and
                                  [(II) the total number of 
                                vehicles in the bus fleets of 
                                all eligible projects in areas 
                                with a population of at least 
                                1,000,000 funded under this 
                                section, weighted by severity 
                                of nonattainment for all areas 
                                in which those eligible 
                                projects are located, as 
                                provided in paragraph (2); and
                          [(ii) 50 percent shall be 
                        apportioned, such that each such 
                        designated recipient receives a grant 
                        in an amount equal to the ratio 
                        between--
                                  [(I) the number of bus 
                                passenger miles (as that term 
                                is defined in section 5336(c)) 
                                of the eligible project of the 
                                designated recipient, weighted 
                                by severity of nonattainment of 
                                the area in which the eligible 
                                project is located, as provided 
                                in paragraph (2); and
                                  [(II) the total number of bus 
                                passenger miles of all eligible 
                                projects in areas with a 
                                population of at least 
                                1,000,000 funded under this 
                                section, weighted by severity 
                                of nonattainment of all areas 
                                in which those eligible 
                                projects are located, as 
                                provided in paragraph (2); and
                  [(B) one-third shall be apportioned to 
                designated recipients with eligible projects in 
                urban areas with a population of less than 
                1,000,000, of which--
                          [(i) 50 percent shall be apportioned, 
                        such that each such designated 
                        recipient receives a grant in an amount 
                        equal to the ratio between--
                                  [(I) the number of vehicles 
                                in the bus fleet of the 
                                eligible project of the 
                                designated recipient, weighted 
                                by severity of nonattainment 
                                for the area in which the 
                                eligible project is located, as 
                                provided in paragraph (2); and
                                  [(II) the total number of 
                                vehicles in the bus fleets of 
                                all eligible projects in areas 
                                with a population of less than 
                                1,000,000 funded under this 
                                section, weighted by severity 
                                of nonattainment for all areas 
                                in which those eligible 
                                projects are located, as 
                                provided in paragraph (2); and
                          [(ii) 50 percent shall be 
                        apportioned, such that each such 
                        designated recipient receives a grant 
                        in an amount equal to the ratio 
                        between--
                                  [(I) the number of bus 
                                passenger miles (as that term 
                                is defined in section 5336(c)) 
                                of the eligible project of the 
                                designated recipient, weighted 
                                by severity of nonattainment of 
                                the area in which the eligible 
                                project is located, as provided 
                                in paragraph (2); and
                                  [(II) the total number of bus 
                                passenger miles of all eligible 
                                projects in areas with a 
                                population of less than 
                                1,000,000 funded under this 
                                section, weighted by severity 
                                of nonattainment of all areas 
                                in which those eligible 
                                projects are located, as 
                                provided in paragraph (2).
          [(2) Weighting of severity of nonattainment.--
                  [(A) In general.--For purposes of paragraph 
                (1), subject to subparagraph (B) of this 
                paragraph, the number of clean fuel vehicles in 
                the fleet, or the number of passenger miles, 
                shall be multiplied by a factor of--
                          [(i) 1.0 if, at the time of the 
                        apportionment, the area is a 
                        maintenance area (as that term is 
                        defined in section 101 of title 23) for 
                        ozone or carbon monoxide;
                          [(ii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as--
                                  [(I) a marginal ozone 
                                nonattainment area under 
                                subpart 2 of part D of title I 
                                of the Clean Air Act (42 U.S.C. 
                                7511 et seq.); or
                                  [(II) a marginal carbon 
                                monoxide nonattainment area 
                                under subpart 3 of part D of 
                                title I of the Clean Air Act 
                                (42 U.S.C. 7512 et seq.);
                          [(iii) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as--
                                  [(I) a moderate ozone 
                                nonattainment area under 
                                subpart 2 of part D of title I 
                                of the Clean Air Act (42 U.S.C. 
                                7511 et seq.); or
                                  [(II) a moderate carbon 
                                monoxide nonattainment area 
                                under subpart 3 of part D of 
                                title I of the Clean Air Act 
                                (42 U.S.C. 7512 et seq.);
                          [(iv) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as--
                                  [(I) a serious ozone 
                                nonattainment area under 
                                subpart 2 of part D of title I 
                                of the Clean Air Act (42 U.S.C. 
                                7511 et seq.); or
                                  [(II) a serious carbon 
                                monoxide nonattainment area 
                                under subpart 3 of part D of 
                                title I of the Clean Air Act 
                                (42 U.S.C. 7512 et seq.);
                          [(v) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as--
                                  [(I) a severe ozone 
                                nonattainment area under 
                                subpart 2 of part D of title I 
                                of the Clean Air Act (42 U.S.C. 
                                7511 et seq.); or
                                  [(II) a severe carbon 
                                monoxide nonattainment area 
                                under subpart 3 of part D of 
                                title I of the Clean Air Act 
                                (42 U.S.C. 7512 et seq.); or
                          [(vi) 1.5 if, at the time of the 
                        apportionment, the area is classified 
                        as--
                                  [(I) an extreme ozone 
                                nonattainment area under 
                                subpart 2 of part D of title I 
                                of the Clean Air Act (42 U.S.C. 
                                7511 et seq.); or
                                  [(II) an extreme carbon 
                                monoxide nonattainment area 
                                under subpart 3 of part D of 
                                title I of the Clean Air Act 
                                (42 U.S.C. 7512 et seq.).
                  [(B) Additional adjustment for carbon 
                monoxide areas.--If, in addition to being 
                classified as a nonattainment or maintenance 
                area (as that term is defined in section 101 of 
                title 23) for ozone under subpart 2 of part D 
                of title I of the Clean Air Act (42 U.S.C. 7511 
                et seq.), the area was also classified under 
                subpart 3 of part D of title I of that Act (42 
                U.S.C. 7512 et seq.) as a nonattainment area 
                for carbon monoxide, the weighted nonattainment 
                or maintenance area fleet and passenger miles 
                for the eligible project, as calculated under 
                subparagraph (A), shall be further multiplied 
                by a factor of 1.2.
          [(3) Maximum grant amount.--
                  [(A) In general.--The amount of a grant made 
                to a designated recipient under this section 
                shall not exceed the lesser of--
                          [(i) for an eligible project in an 
                        area--
                                  [(I) with a population of 
                                less than 1,000,000, 
                                $15,000,000; and
                                  [(II) with a population of at 
                                least 1,000,000, $25,000,000; 
                                or
                          [(ii) 80 percent of the total cost of 
                        the eligible project.
                  [(B) Reapportionment.--Any amounts that would 
                otherwise be apportioned to a designated 
                recipient under this subsection that exceed the 
                amount described in subparagraph (A) shall be 
                reapportioned among other designated recipients 
                in accordance with paragraph (1).
  [(e) Additional Requirements.--
          [(1) Limitation on uses.--Not less than 5 percent of 
        the amount made available by or appropriated under 
        section 5338 in each fiscal year to carry out this 
        section shall be available for any eligible projects 
        for which an application is received from a designated 
        recipient, for--
                  [(A) the purchase or construction of hybrid 
                electric or battery-powered buses; or
                  [(B) facilities specifically designed to 
                service those buses.
          [(2) Clean diesel buses.--Not more than 35 percent of 
        the amount made available by or appropriated under 
        section 5338 in each fiscal year to carry out this 
        section may be made available to fund clean diesel 
        buses.
          [(3) Bus retrofitting and replacement.--Not more than 
        5 percent of the amount made available by or 
        appropriated under section 5338 in each fiscal year to 
        carry out this section may be made available to fund 
        retrofitting or replacement of the engines of buses 
        that do not meet the clean air standards of the 
        Environmental Protection Agency, as in effect on the 
        date on which the application for such retrofitting or 
        replacement is submitted under subsection (c)(1).
  [(f) Availability of Funds.--Any amount made available or 
appropriated under this section--
          [(1) shall remain available to a project for 1 year 
        after the fiscal year for which the amount is made 
        available or appropriated; and
          [(2) that remains unobligated at the end of the 
        period described in paragraph (1), shall be added to 
        the amount made available in the following fiscal 
        year.]

Sec. 5308. Clean fuels formula grant program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Clean fuel bus.--The term ``clean fuel bus'' 
        means a passenger vehicle used to provide public 
        transportation that--
                  (A) is powered by--
                          (i) compressed natural gas;
                          (ii) liquefied natural gas;
                          (iii) biodiesel fuels;
                          (iv) batteries;
                          (v) alcohol-based fuels;
                          (vi) hybrid electric;
                          (vii) fuel cell;
                          (viii) clean diesel, to the extent 
                        allowed under this section; or
                          (ix) other low or zero emissions 
                        technology; and
                  (B) the Administrator of the Environmental 
                Protection Agency has certified sufficiently 
                reduces harmful emissions.
          (2) Eligible project.--The term ``eligible 
        project''--
                  (A) means a project in a nonattainment or 
                maintenance area described in paragraph (4)(A) 
                for--
                          (i) purchasing or leasing clean fuel 
                        buses, including buses that employ a 
                        lightweight composite primary 
                        structure;
                          (ii) constructing or leasing clean 
                        fuel buses or electrical recharging 
                        facilities and related equipment for 
                        such buses; or
                          (iii) constructing new or improving 
                        existing public transportation 
                        facilities to accommodate clean fuel 
                        buses; and
                  (B) at the discretion of the Secretary, may 
                include a project located in a nonattainment or 
                maintenance area described in paragraph (4)(A) 
                relating to clean fuel, biodiesel, hybrid 
                electric, or zero emissions technology buses 
                that exhibit equivalent or superior emissions 
                reductions to existing clean fuel or hybrid 
                electric technologies.
          (3) Maintenance area.--The term ``maintenance area'' 
        has the meaning such term has under section 101 of 
        title 23.
          (4) Recipient.--
                  (A) In general.--The term ``recipient'' means 
                a designated recipient (as defined in section 
                5307(a)(2)) for an area that, and a recipient 
                for an urbanized area with a population of less 
                than 200,000 that--
                          (i) is designated as a nonattainment 
                        area for ozone or carbon monoxide under 
                        section 107(d) of the Clean Air Act (42 
                        U.S.C. 7407(d)); or
                          (ii) is a maintenance area for ozone 
                        or carbon monoxide.
                  (B) Smaller urbanized areas.--In the case of 
                an urbanized area with a population of less 
                than 200,000, the State in which the area is 
                located shall act as the recipient for the area 
                under this section.
  (b) Authority.--The Secretary shall make grants in accordance 
with this section to recipients to finance eligible projects.
  (c) Apportionment of Funds.--
          (1) Formula.--The Secretary shall apportion among 
        recipients amounts made available to carry out this 
        section for a fiscal year. Of such amounts--
                  (A) two-thirds shall be apportioned to 
                recipients serving urbanized areas with a 
                population of at least 1,000,000, of which--
                          (i) 50 percent shall be apportioned 
                        so that each such recipient receives a 
                        grant under this section in an amount 
                        equal to the ratio that--
                                  (I) the number of vehicles in 
                                the bus fleet of the recipient, 
                                weighted by severity of 
                                nonattainment for the area 
                                served by the recipient; bears 
                                to
                                  (II) the total number of 
                                vehicles in the bus fleets of 
                                all such recipients, weighted 
                                by severity of nonattainment 
                                for all areas served by such 
                                recipients; and
                          (ii) 50 percent shall be apportioned 
                        so that each such recipient receives a 
                        grant under this section in an amount 
                        equal to the ratio that--
                                  (I) the number of bus 
                                passenger miles (as defined in 
                                section 5336(c)) of the 
                                recipient, weighted by severity 
                                of nonattainment of the area 
                                served by the recipient; bears 
                                to
                                  (II) the total number of bus 
                                passenger miles (as defined in 
                                section 5336(c)) of all such 
                                recipients, weighted by 
                                severity of nonattainment of 
                                all areas served by such 
                                recipients; and
                  (B) one-third shall be apportioned to 
                recipients serving urbanized areas with a 
                population of less than 1,000,000, of which--
                          (i) 50 percent shall be apportioned 
                        so that each such recipient receives a 
                        grant under this section in an amount 
                        equal to the ratio that--
                                  (I) the number of vehicles in 
                                the bus fleet of the recipient, 
                                weighted by severity of 
                                nonattainment for the area 
                                served by the recipient; bears 
                                to
                                  (II) the total number of 
                                vehicles in the bus fleets of 
                                all such recipients, weighted 
                                by severity of nonattainment 
                                for all areas served by such 
                                recipients; and
                          (ii) 50 percent shall be apportioned 
                        so that each such recipient receives a 
                        grant under this section in an amount 
                        equal to the ratio that--
                                  (I) the number of bus 
                                passenger miles (as defined in 
                                section 5336(c)) of the 
                                recipient, weighted by severity 
                                of nonattainment of the area 
                                served by the recipient; bears 
                                to
                                  (II) the total number of bus 
                                passenger miles (as defined in 
                                section 5336(c)) of all such 
                                recipients, weighted by 
                                severity of nonattainment of 
                                all areas served by such 
                                recipients.
          (2) Weighting of severity of nonattainment.--
                  (A) In general.--For purposes of paragraph 
                (1), subject to subparagraph (B), the number of 
                buses in the bus fleet, or the number of 
                passenger miles, shall be multiplied by a 
                factor of--
                          (i) 1.0 if, at the time of the 
                        apportionment, the area is a 
                        maintenance area for ozone or carbon 
                        monoxide;
                          (ii) 1.1 if, at the time of the 
                        apportionment, the area is classified 
                        as a marginal ozone nonattainment area 
                        under subpart 2 of part D of title I of 
                        the Clean Air Act (42 U.S.C. 7511 et 
                        seq.);
                          (iii) 1.2 if, at the time of the 
                        apportionment, the area is classified 
                        as a moderate ozone nonattainment area 
                        under subpart 2 of such part;
                          (iv) 1.3 if, at the time of the 
                        apportionment, the area is classified 
                        as a serious ozone nonattainment area 
                        under subpart 2 of such part;
                          (v) 1.4 if, at the time of the 
                        apportionment, the area is classified 
                        as a severe ozone nonattainment area 
                        under subpart 2 of such part; or
                          (vi) 1.5 if, at the time of the 
                        apportionment, the area is classified 
                        as an extreme ozone nonattainment area 
                        under subpart 2 of such part.
                  (B) Additional adjustment for carbon monoxide 
                areas.--If, in addition to being classified as 
                a nonattainment or maintenance area for ozone 
                under subpart 2 of such part, the area was also 
                classified under subpart 3 of such part as a 
                nonattainment area for carbon monoxide, the 
                weighted nonattainment or maintenance area 
                fleet and passenger miles for the recipient, as 
                calculated under subparagraph (A), shall be 
                further multiplied by a factor of 1.2.
  (d) Clean Diesel Buses.--Not more than 35 percent of the 
amount made available by or appropriated under section 5338 in 
each fiscal year to carry out this section may be made 
available to fund clean diesel buses.
  (e) Grant Requirements.--
          (1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
          (2) Government's share of costs for certain 
        projects.--Section 5323(i) applies to projects carried 
        out under this section.
  (f) Availability of Funds.--Any amount made available or 
appropriated under this section--
          (1) shall remain available to a project for 1 year 
        after the fiscal year for which the amount is made 
        available or appropriated; and
          (2) that remains unobligated at the end of the period 
        described in paragraph (1) shall be added to the amount 
        made available in the following fiscal year.

[Sec. 5309. Capital investment grants and loans]

Sec. 5309. Capital investment grants

  (a) General Authority.--(1) The Secretary of Transportation 
may make grants [and loans] under this section to assist State 
and local governmental authorities in financing--
          (A) * * *
          (B) capital projects, including property and 
        improvements (except public highways other than fixed 
        guideway facilities), needed for an efficient and 
        coordinated [mass] public transportation system;
          (C) the capital costs of coordinating [mass] public 
        transportation with other transportation;
          (D) the introduction of new technology, through 
        innovative and improved products, into [mass] public 
        transportation;

           *       *       *       *       *       *       *

          (G) [mass] public transportation projects planned, 
        designed, and carried out to meet the special needs of 
        elderly individuals and individuals with disabilities; 
        and
          (H) the development of corridors to support fixed 
        guideway systems, including protecting rights of way 
        through acquisition, construction of dedicated bus and 
        high occupancy vehicle lanes and park and ride lots, 
        and other nonvehicular capitalimprovements that the 
Secretary may decide would result in increased [mass] public 
transportation usage in the corridor.
  (2) The Secretary of Transportation shall require that all 
grants [and loans] under this subsection be subject to all 
terms, conditions, requirements, and provisions the Secretary 
decides are necessary or appropriate for the purposes of this 
section, including requirements for the disposition of net 
increases in value of real property resulting from the project 
assisted under this section.
  [(b) Loans for Real Property Interests.--(1) The Secretary of 
Transportation may make loans under this section to State and 
local governmental authorities to acquire interests in real 
property for use on urban mass transportation systems as rights 
of way, station sites, and related purposes, including 
reconstruction, renovation, the net cost of property 
management, and relocation payments made under section 5324(a) 
of this title.
  [(2) The Secretary of Transportation may make a loan under 
paragraph (1) of this subsection for an approved project only 
after finding that the property reasonably is expected to be 
required for a mass transportation system and that it will be 
used for that system within a reasonable time.
  [(3) An applicant for a loan under this subsection shall 
provide a copy of the application to the planning agency for 
the community affected by the project at the same time the 
application is submitted to the Secretary of Transportation. If 
the planning agency submits comments to the Secretary not later 
than 30 days after the application is submitted, or, if the 
agency requests more time within those 30 days, within a period 
the Secretary establishes, the Secretary shall consider those 
comments before taking final action on the application.
  [(4) A loan agreement under this subsection shall provide 
that a capital project on the property will be started not 
later than 10 years after the fiscal year in which the 
agreement is made. If an interest in property acquired under 
this subsection is not used for the purpose for which it was 
acquired, an appraisal of the current value of the property or 
interest shall be made when a decision is made about the use. 
The decision shall be made within the 10-year period. Two-
thirds of the increase in value shall be paid to the Secretary 
of Transportation for deposit in the Treasury as miscellaneous 
receipts.
  [(5) A loan under this subsection must be repaid not later 
than 10 years after the date of the loan agreement or on the 
date a grant agreement for a capital project on the property is 
made, whichever is earlier. Payments made to repay the loan 
shall be deposited in the Treasury as miscellaneous receipts.
  [(c) [Reserved.]]
  [(d)] (b) Project as Part of Approved Program of Projects.--
[Except as provided in subsections (b)(2) and (e) of this 
section, the] The Secretary of Transportation may approve a 
grant [or loan] for a project under this section only after 
finding that the project is part of the approved program of 
projects required under sections 5303-5306 of this title and 
that an applicant--
          (1) * * *

           *       *       *       *       *       *       *

  [(e) Criteria for Grants and Loans for Fixed Guideway 
Systems.--
          [(1) In general.--The Secretary may approve a grant 
        or loan under this section for a capital project for a 
        new fixed guideway system or extension of an existing 
        fixed guideway system only if the Secretary determines 
        that the proposed project is--
                  [(A) based on the results of an alternatives 
                analysis and preliminary engineering;
                  [(B) justified based on a comprehensive 
                review of its mobility improvements, 
                environmental benefits, cost effectiveness, and 
                operating efficiencies; and
                  [(C) supported by an acceptable degree of 
                local financial commitment, including evidence 
                of stable and dependable financing sources to 
                construct, maintain, and operate the system or 
                extension.
          [(2) Alternatives analysis and preliminary 
        engineering.--In evaluating a project under paragraph 
        (1)(A), the Secretary shall analyze and consider the 
        results of the alternatives analysis and preliminary 
        engineering for the project.
          [(3) Project justification.--In evaluating a project 
        under paragraph (1)(B), the Secretary shall--
                  [(A) consider the direct and indirect costs 
                of relevant alternatives;
                  [(B) consider factors such as congestion 
                relief, improved mobility, air pollution, noise 
                pollution, energy consumption, and all 
                associated ancillary and mitigation costs 
                necessary to carry out each alternative 
                analyzed, and recognize reductions in local 
                infrastructure costs achieved through compact 
                land use development;
                  [(C) identify and consider mass 
                transportation supportive existing land use 
                policies and future patterns, and the cost of 
                suburban sprawl;
                  [(D) consider the degree to which the project 
                increases the mobility of the mass 
                transportation dependent population or promotes 
                economic development;
                  [(E) consider population density and current 
                transit ridership in the corridor;
                  [(F) consider the technical capability of the 
                grant recipient to construct the project;
                  [(G) adjust the project justification to 
                reflect differences in local land, 
                construction, and operating costs; and
                  [(H) consider other factors that the 
                Secretary determines appropriate to carry out 
                this chapter.
          [(4) Local financial commitment.--
                  [(A) Evaluation of project.--In evaluating a 
                project under paragraph (1)(C), the Secretary 
                shall require that--
                          [(i) the proposed project plan 
                        provides for the availability of 
                        contingency amounts that the Secretary 
                        determines to be reasonable to cover 
                        unanticipated cost increases;
                          [(ii) each proposed local source of 
                        capital and operating financing is 
                        stable, reliable, and available within 
                        the proposed project timetable; and
                          [(iii) local resources are available 
                        to operate the overall proposed mass 
                        transportation system (including 
                        essential feeder bus and other services 
                        necessary to achieve the projected 
                        ridership levels) without requiring a 
                        reduction in existing mass 
                        transportation services to operate the 
                        proposed project.
                  [(B) Considerations.--In assessing the 
                stability, reliability, and availability of 
                proposed sources of local financing under 
                subparagraph (A), the Secretary shall 
                consider--
                          [(i) existing grant commitments;
                          [(ii) the degree to which financing 
                        sources are dedicated to the purposes 
                        proposed;
                          [(iii) any debt obligation that 
                        exists or is proposed by the recipient 
                        for the proposed project or other mass 
                        transportation purpose; and
                          [(iv) the extent to which the project 
                        has a local financial commitment that 
                        exceeds the required non-Federal share 
                        of the cost of the project.
          [(5) Regulations.--Not later than 120 days after the 
        date of enactment of the Federal Transit Act of 1998, 
        the Secretary shall issue regulations on the manner in 
        which the Secretary will evaluate and rate the projects 
        based on the results of alternatives analysis, project 
        justification, and the degree of local financial 
        commitment, as required under this subsection.
          [(6) Project evaluation and rating.--A proposed 
        project may advance from alternatives analysis to 
        preliminary engineering, and may advance from 
        preliminary engineering to final design and 
        construction, only if the Secretary finds that the 
        project meets the requirements of this section and 
        there is a reasonable likelihood that the project will 
        continue to meet such requirements. In making such 
        findings, the Secretary shall evaluate and rate the 
        project as ``highly recommended'', ``recommended'', or 
        ``not recommended'', based on the results of 
        alternatives analysis, the project justification 
        criteria, and the degree of local financial commitment, 
        as required under this subsection. In rating the 
        projects, the Secretary shall provide, in addition to 
        the overall project rating, individual ratings for each 
        of the criteria established under the regulations 
        issued under paragraph (5).
          [(7) Full funding grant agreement.--A project 
        financed under this subsection shall be carried out 
        through a full funding grant agreement. The Secretary 
        shall enter into a full funding grant agreement based 
        on the evaluations and ratings required under this 
        subsection. The Secretary shall not enter into a full 
        funding grant agreement for a project unless that 
        project is authorized for final design and 
        construction.
          [(8) Limitations on applicability.--
                  [(A) Projects with a section 5309 federal 
                share of less than $25,000,000.--A project for 
                a new fixed guideway system or extension of an 
                existing fixed guideway system is not subject 
                to the requirements of this subsection, and the 
                simultaneous evaluation of similar projects in 
                at least 2 corridors in a metropolitan area may 
                not be limited, if the assistance provided 
                under this section with respect to the project 
                is less than $25,000,000.
                  [(B) Projects in nonattainment areas.--The 
                simultaneous evaluation of projects in at least 
                2 corridors in a metropolitan area may not be 
                limited and the Secretary shall make decisions 
                under this subsection with expedited procedures 
                that will promote carrying out an approved 
                State Implementation Plan in a timely way if a 
                project is--
                          [(i) located in a nonattainment area;
                          [(ii) a transportation control 
                        measure (as defined by the Clean Air 
                        Act (42 U.S.C. 7401 et seq.)); and
                          [(iii) required to carry out the 
                        State Implementation Plan.
                  [(C) Projects financed with highway funds.--
                This subsection does not apply to a part of a 
                project financed completely with amounts made 
                available from the Highway Trust Fund (other 
                than the Mass Transit Account).
                  [(D) Previously issued letter of intent or 
                full funding grant agreement.--This subsection 
                does not apply to projects for which the 
                Secretary has issued a letter of intent or 
                entered into a full funding grant agreement 
                before the date of enactment of the Federal 
                Transit Act of 1998.
  [(f) [Reserved.]
  [(g) Letters of Intent, Full Funding Grant Agreements, and 
Early Systems Work Agreements.--(1)(A) The Secretary of 
Transportation may issue a letter of intent to an applicant 
announcing an intention to obligate, for a project under this 
section, an amount from future available budget authority 
specified in law that is not more than the amount stipulated as 
the financial participation of the Secretary in the project. 
The amount shall be sufficient to complete at least an operable 
segment when a letter is issued for a fixed guideway project.
  [(B) At least 60 days before issuing a letter under 
subparagraph (A) of this paragraph or entering into a full 
funding grant agreement, the Secretary of Transportation shall 
notify in writing the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Banking, Housing, and Urban Affairs of the Senate 
and the House and Senate Committees on Appropriations of the 
proposed letter or agreement. The Secretary shall include with 
the notification a copy of the proposed letter or agreement as 
well as the evaluations and ratings for the project.
  [(C) The issuance of a letter is deemed not to be an 
obligation under sections 1108(c) and (d), 1501, and 1502(a) of 
title 31 or an administrative commitment.
  [(D) An obligation or administrative commitment may be made 
only when amounts are appropriated.
  [(2)(A) The Secretary of Transportation may make a full 
funding grant agreement with an applicant. The agreement 
shall--
          [(i) establish the terms of participation by the 
        United States Government in a project under this 
        section;
          [(ii) establish the maximum amount of Government 
        financial assistance for the project;
          [(iii) cover the period of time for completing the 
        project, including a period extending beyond the period 
        of an authorization; and
          [(iv) make timely and efficient management of the 
        project easier according to the law of the United 
        States.
  [(B) An agreement under this paragraph obligates an amount of 
available budget authority specified in law and may include a 
commitment, contingent on amounts to be specified in law in 
advance for commitments under this paragraph, to obligate an 
additional amount from future available budget authority 
specified in law. The agreement shall state that the contingent 
commitment is not an obligation of the Government. Interest and 
other financing costs of efficiently carrying out a part of the 
project within a reasonable time are a cost of carrying out the 
project under a full funding grant agreement, except that 
eligible costs may not be more than the cost of the most 
favorable financing terms reasonably available for the project 
at the time of borrowing. The applicant shall certify, in a way 
satisfactory to the Secretary of Transportation, that the 
applicant has shown reasonable diligence in seeking the most 
favorable financing terms. The amount stipulated in an 
agreement under this paragraph for a fixed guideway project 
shall be sufficient to complete at least an operable segment.
  [(3)(A) The Secretary of Transportation may make an early 
systems work agreement with an applicant if a record of 
decision under the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.) has been issued on the project and the 
Secretary finds there is reason to believe--
          [(i) a full funding grant agreement for the project 
        will be made; and
          [(ii) the terms of the work agreement will promote 
        ultimate completion of the project more rapidly and at 
        less cost.
  [(B) A work agreement under this paragraph obligates an 
amount of available budget authority specified in law and shall 
provide for reimbursement of preliminary costs of carrying out 
the project, including land acquisition, timely procurement of 
system elements for which specifications are decided, and other 
activities the Secretary of Transportation decides are 
appropriate to make efficient, long-term project management 
easier. A work agreement shall cover the period of time the 
Secretary considers appropriate. The period may extend beyond 
the period of current authorization. Interest and other 
financing costs of efficiently carrying out the work agreement 
within a reasonable time are a cost of carrying out the 
agreement, except that eligible costs may not be more than the 
cost of the most favorable financing terms reasonably available 
for the project at the time of borrowing. The applicant shall 
certify, in a way satisfactory to the Secretary, that the 
applicant has shown reasonable diligence in seeking the most 
favorable financing terms. If an applicant does not carry out 
the project for reasons within the control of the applicant, 
the applicant shall repay all Government payments made under 
the work agreement plus reasonable interest and penalty charges 
the Secretary establishes in the agreement.
  [(4)(A) The total estimated amount of future obligations of 
the Government and contingent commitments to incur obligations 
covered by all outstanding letters of intent, full funding 
grant agreements, and early systems work agreements may be not 
more than the greater of the amount authorized under section 
5338(b) of this title for new fixed guideway systems and 
extensions to existing fixed guideway systems and the amount 
appropriated under section 5338(h)(5) or an amount equivalent 
to the last 2 fiscal years of funding authorized under section 
5338(b) for new fixed guideway systems and extensions to 
existing fixed guideway systems, less an amount the Secretary 
of Transportation reasonably estimates is necessary for grants 
under this section not covered by a letter. The total amount 
covered by new letters and contingent commitments included in 
full funding grant agreements and early systems work agreements 
may be not more than a limitation specified in law.
  [(B) For fiscal year 2001 and thereafter, the amount 
equivalent to the last 2 fiscal years of funding authorized 
under section 5338(b) for new fixed guideway systems and 
extensions to existing fixed guideway systems referred to in 
subparagraph (A) shall be the amount equivalent to the last 3 
fiscal years of such authorized funding.
  [(C) Any increase in the total estimated amount of future 
obligations of the Government and contingent commitments to 
incur obligations covered by all outstanding letters of intent, 
full funding grant agreements, and early systems work 
agreements as a result of application of subparagraph (B) 
instead of subparagraph (A) shall be available as follows:
          [(1) $269,100,000 for the Chicago, Illinois Metra 
        commuter rail project, that consists of the following 
        elements: the Kane County extension; the North Central 
        double-tracking project; and the Southwest corridor 
        extension.
          [(2) $565,600,000 for the Chicago Transit Authority 
        project that consists of the following elements: 
        Ravenswood Branch station and line improvements and the 
        Douglas Branch reconstruction project.
          [(3) For new fixed guideways and extensions to 
        existing fixed guideway systems other than for projects 
        referred to in paragraphs (1) and (2); except that for 
        fiscal year 2001, such increase under this paragraph 
        shall not be available for allocation by the department 
        or for making future obligations of the Government and 
        contingent commitments until April 1, 2001.
  [(D) Of the amount that would be available under subparagraph 
(A) if subparagraph (B) were not in effect and would have 
otherwise been allocated by the Federal Transit Administration 
to those projects referred to in subparagraphs (C)(1) and 
(C)(2) shall be available as follows:
          [(1) $60,000,000 for the Minneapolis Hiawatha 
        corridor light rail project, which shall be in addition 
        to amounts otherwise allocated under subparagraph (A), 
        for a total of $334,300,000.
          [(2) $217,800,000 for the Dulles corridor bus rapid 
        transit project, that consists of a rail extension from 
        the West Falls Church metrorail station to Tysons 
        Corner, Virginia and bus rapid transit from Tysons 
        Corner to the Dulles International Airport.
  [(E) Any amount that would be available under subparagraph 
(A) if subparagraph (B) were not in effect and would have 
otherwise been allocated by the Federal Transit Administration 
to those projects referred to in subparagraphs (C)(1) and 
(C)(2), shall not be available for allocation by the department 
or for making future obligations of the Government and 
contingent commitments until April 1, 2001, except for those 
projects referred to in subparagraph (D)(1) and (D)(2).
  [(F) Future obligations of the Government and contingent 
commitments made against the contingent commitment authority 
under section 3032(g)(2) of the Intermodal Surface 
Transportation Efficiency Act of 1991 for the San Francisco 
BART to the Airport project for fiscal years 2002, 2003, 2004, 
2005 and 2006 shall be charged against section 3032(g)(2) of 
the Intermodal Surface Transportation Efficiency Act of 1991.
  [(G) Any amount that would be available under subparagraph 
(A) if subparagraph (F) were not in effect and would otherwise 
have been allocated by the Federal Transit Administration to 
the project in subparagraph (F) shall not be available for 
allocation by the department or for making future obligations 
of the Government and contingent commitments until April 1, 
2001.
  [(h) Government's Share of Net Project Cost.--Based on 
engineering studies, studies of economic feasibility, and 
information on the expected use of equipment or facilities, the 
Secretary of Transportation shall estimate the net project 
cost. A grant for the project is for 80 percent of the net 
project cost, unless the grant recipient requests a lower grant 
percentage. The remainder shall be provided in cash from a 
source other than amounts of the Government. Transit system 
amounts that make up the remainder must be from an 
undistributed cash surplus, a replacement or depreciation cash 
fund or reserve, or new capital. The remainder for a planned 
extension to a fixed guideway system may include the cost of 
rolling stock previously purchased if the applicant satisfies 
the Secretary that only amounts other than amounts of the 
Government were used and that the purchase was made for use on 
the extension. A refund or reduction of the remainder may be 
made only if a refund of a proportional amount of the grant of 
the Government is made at the same time.
  [(i) Loan Term Requirements.--Except for a loan under 
subsection (b) of this section, a loan, including a renewal or 
extension of the loan, may be made, and a security or 
obligation may be bought, only if it has a maturity date of not 
more than 40 years. Interest on a loan may not be less than--
          [(1) a rate the Secretary of the Treasury 
        establishes, considering the current average yield on 
        outstanding marketable obligations of the Government 
        that have remaining periods of maturity comparable to 
        the average maturity of the loan, adjusted to the 
        nearest .125 percent; plus
          [(2) an allowance the Secretary of Transportation 
        considers adequate to cover administrative costs and 
        probable losses.
  [(j) Loan Payment Forgiveness.--A grant agreement for a 
capital project may forgive repaying the loan and interest in 
place of a cash grant for the amount forgiven. The amount is 
part of the grant and part of the contribution of the 
Government to the cost of the project.
  [(k) Limitation on Making Loans and Grants for Projects.--The 
Secretary of Transportation may not make a loan under this 
section for a project for which a grant (except a relocation 
payment grant) is made under this section. However, the 
Secretary may make a project grant even though real property 
for the project has been or will be acquired through a loan 
under subsection (b) of this section.
  [(l) Fiscal Capacity Considerations.--If the Secretary of 
Transportation gives priority consideration to financing 
projects that include more than the non-Government share 
required under subsection (h) of this section, the Secretary 
shall give equal consideration to differences in the fiscal 
capacity of State and local governments.
  [(m) Allocating Amounts.--
          [(1) In general.--Of the amounts made available by or 
        appropriated under section 5338(b) for grants and loans 
        under this section for each of fiscal years 1998 
        through 2004 and for the period of October 1, 2004, 
        through May 31, 2005--
                  [(A) 40 percent shall be available for fixed 
                guideway modernization, except for fiscal year 
                2004 during which $1,206,506,000 will be 
                available;
                  [(B) 40 percent shall be available for 
                capital projects for new fixed guideway systems 
                and extensions to existing fixed guideway 
                systems, except for fiscal year 2004 during 
                which $1,323,794,000 will be available; and
                  [(C) 20 percent shall be available to 
                replace, rehabilitate, and purchase buses and 
                related equipment and to construct bus-related 
                facilities, except for fiscal year 2004 during 
                which $607,200,000 will be available;.
          [(2) New fixed guideway grants.--
                  [(A) Limitation on amounts available for 
                activities other than final design and 
                construction.--Not more than 8 percent of the 
                amounts made available in each fiscal year by 
                paragraph (1)(B) shall be available for 
                activities other than final design and 
                construction.
                  [(B) Funding for ferry boat systems.--
                          [(i) Amounts under (1)(b).--Of the 
                        amounts made available under paragraph 
                        (1)(B), $10,400,000 shall be available 
                        in each of fiscal years 1999 through 
                        2004 for capital projects in Alaska or 
                        Hawaii, for new fixed guideway systems 
                        and extensions to existing fixed 
                        guideway systems that are ferry boats 
                        or ferry terminal facilities, or that 
                        are approaches to ferry terminal 
                        facilities.
                          [(ii) Amounts under 5338(h)(5).--Of 
                        the amounts appropriated under section 
                        5338(h)(5), $3,600,000 shall be 
                        available in each of fiscal years 1999 
                        through 2003 for capital projects in 
                        Alaska or Hawaii, for new fixed 
                        guideway systems and extensions to 
                        existing fixed guideway systems that 
                        are ferry boats or ferry terminal 
                        facilities, or that are approaches to 
                        ferry terminal facilities.
                          [(iii) October 1, 2004 through May 
                        31, 2005.--Of the amounts made 
                        available under paragraph (1)(B), 
                        $6,933,333 shall be available for the 
                        period of October 1, 2004, through May 
                        31, 2005, for capital projects 
                        described in clause (i).
          [(3) Bus and bus facility grants.--
                  [(A) Consideration.--In making grants under 
                paragraph (1)(C), the Secretary shall consider 
                the age of buses, bus fleets, related 
                equipment, and bus-related facilities.
                  [(B) Funding for bus testing facility.--Of 
                the amounts made available under paragraph 
                (1)(C), $3,000,000 shall be available in each 
                of fiscal years 1998 through 2004 (and 
                $2,000,000 shall be available for the period 
                October 1, 2004, through May 31, 2005) to carry 
                out section 5318.
                  [(C) Funding for clean fuels.--Of the amounts 
                made available under paragraph (1)(C), 
                $50,000,000 shall be available in each of 
                fiscal years 1999 through 2004 (and $50,000,000 
                shall be transferred to and administered under 
                section 5309 for buses and bus facilities for 
                fiscal year 2004), and $33,333,333 shall be 
                available for the period October 1, 2004, 
                through May 31, 2005, to carry out section 
                5308.
                  [(D) Other than urbanized areas.--Of amounts 
                made available by paragraph (1)(C), not less 
                than 5.5 percent shall be available in each 
                fiscal year for other than urbanized areas.
          [(4) Eligibility for assistance for multiple 
        projects.--A person applying for or receiving 
        assistance for a project described in subparagraph (A), 
        (B), or (C) of paragraph (1) may receive assistance for 
        a project described in any other of such subparagraphs.
  [(n) Undertaking Projects in Advance.--(1) The Secretary of 
Transportation may pay the Government's share of the net 
project cost to a State or local governmental authority that 
carries out any part of a project described in this section or 
a substitute transit project described in section 103(e)(4) of 
title 23 without the aid of amounts of the Government and 
according to all applicable procedures and requirements if--
          [(A) the State or local governmental authority 
        applies for the payment;
          [(B) the Secretary approves the payment; and
          [(C) before carrying out the part of the project, the 
        Secretary approves the plans and specifications for the 
        part in the same way as other projects under this 
        section or section 103(e)(4) of title 23.
  [(2) The cost of carrying out part of a project includes the 
amount of interest earned and payable on bonds issued by the 
State or local governmental authority to the extent proceeds of 
the bonds are expended in carrying out the part. However, the 
amount of interest under this paragraph may not be more than 
the most favorable interest terms reasonably available for the 
project at the time of borrowing. The applicant shall certify, 
in a manner satisfactory to the Secretary of Transportation, 
that the applicant has shown reasonable diligence in seeking 
the most favorable financial terms.
  [(3) The Secretary of Transportation shall consider changes 
in capital project cost indices when determining the estimated 
cost under paragraph (2) of this subsection.
  [(o) Use of Deobligated Amounts.--
  [An amount available under this section that is deobligated 
may be used for any purpose under this section.
  [(o) Reports.--
          [(1) Funding levels and allocations of funds for 
        fixed guideway systems.--
                  [(A) Annual report.--Not later than the first 
                Monday in February of each year, the Secretary 
                shall submit to the Committee on Transportation 
                and Infrastructure of the House of 
                Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate a 
                report that includes a proposal on the 
                allocation of amounts to be made available to 
                finance grants and loans for capital projects 
                for new fixed guideway systems and extensions 
                to existing fixed guideway systems among 
                applicants for those amounts.
                  [(B) Recommendations on funding.--The annual 
                report under this paragraph shall include 
                evaluations and ratings, as required under 
                subsection (e), for each project that is 
                authorized or has received funds under this 
                section since the date of enactment of the 
                Federal Transit Act of 1998 or October 1 of the 
                preceding fiscal year, whichever date is 
                earlier. The report shall also include 
                recommendations of projects for funding based 
                on the evaluations and ratings and on existing 
                commitments and anticipated funding levels for 
                the next 3 fiscal years and for the next 10 
                fiscal years based on information currently 
                available to the Secretary.
          [(2) Supplemental report on new starts.--The 
        Secretary shall submit a report to Congress on the 31st 
        day of August of each year that describes the 
        Secretary's evaluation and rating of each project that 
        has completed alternatives analysis or preliminary 
        engineering since the date of the last report. The 
        report shall include all relevant information that 
        supports the evaluation and rating of each project, 
        including a summary of each project's financial plan.
          [(3) Annual GAO review.--The Government 
        Accountability Office shall--
                  [(A) conduct an annual review of--
                          [(i) the processes and procedures for 
                        evaluating and rating projects and 
                        recommending projects; and
                          [(ii) the Secretary's implementation 
                        of such processes and procedures; and
                  [(B) shall report to Congress on the results 
                of such review by April 30 of each year.
  [(p) Project Defined.--In this section, the term ``project'' 
means, with respect to a new fixed guideway system or extension 
to an existing fixed guideway system, a minimum operable 
segment of the project.]
  (c) Major Capital Investment Grants of $75,000,000 or More.--
          (1) Full funding grant agreement.--A major new fixed 
        guideway capital project financed under this subsection 
        shall be carried out through a full funding grant 
        agreement. The Secretary shall enter into a full 
        funding grant agreement based on the evaluations and 
        ratings required under this subsection. The Secretary 
        shall not enter into a full funding grant agreement for 
        a project unless that project is authorized for final 
        design and construction.
          (2) Approval of grants.--The Secretary may approve a 
        grant under this section for a major new fixed guideway 
        capital project only if the Secretary, based upon 
        evaluations and considerations set forth in paragraph 
        (3), determines that the proposal is--
                  (A) based on the results of an alternatives 
                analysis and preliminary engineering;
                  (B) justified based on a comprehensive review 
                of its mobility improvements, environmental 
                benefits, cost effectiveness, operating 
                efficiencies, and transit supportive policies, 
                and existing land use; and
                  (C) supported by an acceptable degree of 
                local financial commitment (including evidence 
                of stable and dependable financing sources) to 
                construct, maintain, and operate the system or 
                extension.
          (3) Considerations.--
                  (A) Results of alternatives analysis and 
                preliminary engineering.--In evaluating a 
                proposed project for purposes of making the 
                finding required by paragraph (2)(A), the 
                Secretary shall analyze and consider the 
                results of the alternatives analysis and 
                preliminary engineering for the project.
                  (B) Project justification.--In evaluating a 
                proposed project for purposes of making the 
                finding required by paragraph (2)(B), the 
                Secretary shall--
                          (i) consider the direct and indirect 
                        costs of relevant alternatives;
                          (ii) consider factors such as 
                        congestion relief, improved mobility, 
                        air pollution, noise pollution, energy 
                        consumption, and all associated 
                        ancillary and mitigation costs 
                        necessary to carry out each alternative 
                        analyzed and recognize reductions in 
                        local infrastructure costs achieved 
                        through compact land use development;
                          (iii) identify and consider public 
                        transportation supportive existing land 
                        use policies and future patterns and 
                        the cost of suburban sprawl;
                          (iv) consider the degree to which the 
                        project increases the mobility of the 
                        public transportation dependent 
                        population or promotes economic 
                        development;
                          (v) consider population density and 
                        current transit ridership in the 
                        corridor;
                          (vi) consider the technical 
                        capability of the grant recipient to 
                        construct the project;
                          (vii) adjust the project 
                        justification to reflect differences in 
                        local land, construction, and operating 
                        costs; and
                          (viii) consider other factors that 
                        the Secretary determines appropriate to 
                        carry out this chapter.
                  (C) Local financial commitment.--In 
                evaluating a proposed project under paragraph 
                (2)(C), the Secretary shall require that--
                          (i) the proposed project plan 
                        provides for the availability of 
                        contingency amounts that the Secretary 
                        determines to be reasonable to cover 
                        unanticipated cost increases;
                          (ii) each proposed local source of 
                        capital and operating financing is 
                        stable, reliable, and available within 
                        the proposed project timetable; and
                          (iii) local resources are available 
                        to operate the overall proposed public 
                        transportation system (including 
                        essential feeder bus and other services 
                        necessary to achieve the projected 
                        ridership levels) without requiring a 
                        reduction in existing public 
                        transportation services to operate the 
                        proposed project.
                  (D) Assessment of local financing.--In 
                assessing the stability, reliability, and 
                availability of proposed sources of local 
                financing under paragraph (2)(C), the Secretary 
                shall consider--
                          (i) existing grant commitments;
                          (ii) the degree to which financing 
                        sources are dedicated to the purposes 
                        proposed;
                          (iii) any debt obligation that exists 
                        or is proposed by the recipient for the 
                        proposed project or other public 
                        transportation purpose; and
                          (iv) the extent to which the project 
                        has a local financial commitment that 
                        exceeds the required non-Federal share 
                        of the cost of the project.
          (4) Evaluation and rating of projects.--A proposed 
        project under this subsection may advance from 
        alternatives analysis to preliminary engineering, and 
        may advance from preliminary engineering to final 
        design and construction, only if the Secretary finds 
        that the project meets the requirements of this section 
        and there is a reasonable likelihood that the project 
        will continue to meet such requirements. In making the 
        findings, the Secretary shall evaluate and rate the 
        project as ``highly recommended'', ``recommended'', or 
        ``not recommended'' based on the results of 
        alternatives analysis, the project justification 
        criteria, and the degree of local financial commitment, 
        as required under this subsection. In rating the 
        projects, the Secretary shall provide, in addition to 
        the overall project rating, individual ratings for each 
        of the criteria established by regulation.
          (5) Major defined.--In this section, the term 
        ``major'', as used with respect to a new fixed guideway 
        capital project, means the Federal assistance provided 
        or to be provided under this section for the project is 
        $75,000,000 or more.
  (d) Capital Investment Grants Less Than $75,000,000.--
          (1) In general.--Subject to the provisions of this 
        subsection, if the Federal assistance provided or to be 
        provided under this section with respect to a new fixed 
        guideway capital project is less than $75,000,000, and 
        not less than $25,000,000, the project shall be subject 
        to the requirements in this subsection. A new fixed 
        guideway capital project is not subject to the 
        requirements of this subsection if the assistance 
        provided under this section with respect to the project 
        is less than $25,000,000.
          (2) Selection criteria.--The Secretary may provide 
        Federal assistance under this subsection with respect 
        to a proposed project only if the Secretary finds that 
        the project is--
                  (A) based on the results of planning and 
                alternatives analysis;
                  (B) justified based on a review of its public 
                transportation supportive land use policies, 
                cost effectiveness, and effect on local 
                economic development; and
                  (C) supported by an acceptable degree of 
                local financial commitment.
          (3) Planning and alternatives.--In evaluating a 
        project under paragraph (2)(A), the Secretary shall 
        analyze and consider the results of planning and 
        alternatives analysis for the project.
          (4) Project justification.--For purposes of making 
        the finding under paragraph (2)(B), the Secretary 
        shall--
                  (A) determine the degree to which the project 
                is consistent with local land use policies and 
                is likely to achieve local developmental goals;
                  (B) determine the cost effectiveness of the 
                project at the time of the initiation of 
                revenue service;
                  (C) determine the degree to which the project 
                will have a positive effect on local economic 
                development;
                  (D) consider the reliability of the forecasts 
                of costs and ridership associated with the 
                project; and
                  (E) consider other factors that the Secretary 
                determines appropriate to carry out this 
                subsection.
          (5) Local financial commitment.--For purposes of 
        paragraph (2)(C), the Secretary shall require that each 
        proposed local source of capital and operating 
        financing is stable, reliable, and available within the 
        proposed project timetable.
          (6) Advancement of project to development and 
        construction.--
                  (A) General rule.--A proposed project under 
                this subsection may advance from planning and 
                alternatives analysis to project development 
                and construction only if--
                          (i) the Secretary finds that the 
                        project meets the requirements of this 
                        subsection and there is a reasonable 
                        likelihood that the project will 
                        continue to meet such requirements; and
                          (ii) the metropolitan planning 
                        organization has adopted the locally 
                        preferred alternative for the project 
                        into the long-range transportation 
                        plan.
                  (B) Evaluation.--In making the findings under 
                subparagraph (A), the Secretary shall evaluate 
                and rate the project as ``recommended'' or 
                ``not recommended'' based on the results of the 
                analysis of the project justification criteria 
                and the degree of local financial commitment, 
                as required by this subsection.
          (7) Contents of project construction grant 
        agreement.--A project construction grant agreement 
        under this subsection shall specify the scope of the 
        project to be constructed, the estimated net project 
        cost of the project, the schedule under which the 
        project shall be constructed, the maximum amount of 
        funding to be obtained under this subsection, the 
        proposed schedule for obligation of future Federal 
        grants, and the sources of funding from other than the 
        Government. The agreement may include a commitment on 
        the part of the Secretary to provide funding for the 
        project in future fiscal years.
          (8) Limitation on entry into construction grant 
        agreement.--The Secretary may enter into a project 
        construction grant agreement for a project under this 
        subsection only if the project is authorized for 
        construction and has been rated as ``recommended'' 
        under this subsection.
          (9) Regulations.--Not later than 120 days after the 
        date of enactment of the Federal Public Transportation 
        Act of 2005, the Secretary shall issue regulations 
        establishing an evaluation and rating process for 
        proposed projects under this subsection that is based 
        on the results of project justification and local 
        financial commitment, as required under this 
        subsection.
          (10) Fixed guideway capital project.--In this 
        subsection, the term ``fixed guideway capital project'' 
        includes a corridor-based public transportation bus 
        capital project if the majority of the project's 
        corridor right-of-way is dedicated alignment for 
        exclusive use by public transportation vehicles for all 
        or part of the day.
  (e) Previously Issued Letter of Intent or Full Funding Grant 
Agreement.--Subsections (c) and (d) do not apply to projects 
for which the Secretary has issued a letter of intent or 
entered into a full funding grant agreement before the date of 
enactment of the Federal Public Transportation Act of 2005. 
Subsection (d) also does not apply to projects for which the 
Secretary has received an application for final design before 
such date of enactment.
  (f) Letters of Intent, Full Funding Grant Agreements, and 
Early Systems Work Agreements.--
          (1) Letters of intent.--
                  (A) Amounts intended to be obligated.--The 
                Secretary may issue a letter of intent to an 
                applicant announcing an intention to obligate, 
                for a capital project under this section, an 
                amount from future available budget authority 
                specified in law that is not more than the 
                amount stipulated as the financial 
                participation of the Secretary in the project. 
                When a letter is issued for fixed guideway 
                projects, the amount shall be sufficient to 
                complete at least an operable segment.
                  (B) Treatment.--The issuance of a letter 
                under subparagraph (A) is deemed not to be an 
                obligation under sections 1108(c), 1108(d), 
                1501, and 1502(a) of title 31 or an 
                administrative commitment.
          (2) Full funding grant agreements.--
                  (A) Terms.--The Secretary may make a full 
                funding grant agreement with an applicant. The 
                agreement shall--
                          (i) establish the terms of 
                        participation by the Government in a 
                        project under this section;
                          (ii) establish the maximum amount of 
                        Government financial assistance for the 
                        project;
                          (iii) cover the period of time for 
                        completing the project, including a 
                        period extending beyond the period of 
                        an authorization; and
                          (iv) make timely and efficient 
                        management of the project easier 
                        according to the law of the United 
                        States.
                  (B) Special financial rules.--
                          (i) In general.--An agreement under 
                        this paragraph obligates an amount of 
                        available budget authority specified in 
                        law and may include a commitment, 
                        contingent on amounts to be specified 
                        in law in advance for commitments under 
                        this paragraph, to obligate an 
                        additional amount from future available 
                        budget authority specified in law.
                          (ii) Statement of contingent 
                        commitment.--The agreement shall state 
                        that the contingent commitment is not 
                        an obligation of the Government.
                          (iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out a 
                        part of the project within a reasonable 
                        time are a cost of carrying out the 
                        project under a full funding grant 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          (iv) Completion of operable 
                        segment.--The amount stipulated in an 
                        agreement under this paragraph for a 
                        fixed guideway project shall be 
                        sufficient to complete at least an 
                        operable segment.
          (3) Early system work agreements.--
                  (A) Conditions.--The Secretary may make an 
                early systems work agreement with an applicant 
                if a record of decision under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) has been issued on the project 
                and the Secretary finds there is reason to 
                believe--
                          (i) a full funding grant agreement 
                        for the project will be made; and
                          (ii) the terms of the work agreement 
                        will promote ultimate completion of the 
                        project more rapidly and at less cost.
                  (B) Contents.--
                          (i) In general.--A work agreement 
                        under this paragraph obligates an 
                        amount of available budget authority 
                        specified in law and shall provide for 
                        reimbursement of preliminary costs of 
                        carrying out the project, including 
                        land acquisition, timely procurement of 
                        system elements for which 
                        specifications are decided, and other 
                        activities the Secretary decides are 
                        appropriate to make efficient, long-
                        term project management easier.
                          (ii) Period covered.--A work 
                        agreement under this paragraph shall 
                        cover the period of time the Secretary 
                        considers appropriate. The period may 
                        extend beyond the period of current 
                        authorization.
                          (iii) Interest and other financing 
                        costs.--Interest and other financing 
                        costs of efficiently carrying out the 
                        work agreement within a reasonable time 
                        are a cost of carrying out the 
                        agreement, except that eligible costs 
                        may not be more than the cost of the 
                        most favorable financing terms 
                        reasonably available for the project at 
                        the time of borrowing. The applicant 
                        shall certify, in a way satisfactory to 
                        the Secretary, that the applicant has 
                        shown reasonable diligence in seeking 
                        the most favorable financing terms.
                          (iv) Failure to carry out project.--
                        If an applicant does not carry out the 
                        project for reasons within the control 
                        of the applicant, the applicant shall 
                        repay all Government payments made 
                        under the work agreement plus 
                        reasonable interest and penalty charges 
                        the Secretary establishes in the 
                        agreement.
          (4) Limitation on amounts.--
                  (A) Major capital investment grants 
                contingent commitment authority.--The total 
                estimated amount of future obligations of the 
                Government and contingent commitments to incur 
                obligations covered by all outstanding letters 
                of intent, full funding grant agreements, and 
                early systems work agreements under this 
                subsection for major new fixed guideway capital 
                projects may be not more than the greater of 
                the amount authorized under sections 5338(b) 
                and 5338(h)(1) for such projects or an amount 
                equivalent to the last 3 fiscal years of 
                funding allocated under subsections (m)(1)(B) 
                and (m)(2)(B)(ii) for such projects, less an 
                amount the Secretary reasonably estimates is 
                necessary for grants under this section for 
                those of such projects that are not covered by 
                a letter or agreement. The total amount covered 
                by new letters and contingent commitments 
                included in full funding grant agreements and 
                early systems work agreements for such projects 
                may be not more than a limitation specified in 
                law.
                  (B) Other contingent commitment authority.--
                The total estimated amount of future 
                obligations of the Government and contingent 
                commitments to incur obligations covered by all 
                project construction grant agreements and early 
                system work agreements under this subsection 
                for small capital projects described in 
                subsection (d) may be not more than the greater 
                of the amount allocated under subsection 
                (m)(2)(A) for such projects or an amount 
                equivalent to the last fiscal year of funding 
                allocated under subsection (m)(2)(A) for such 
                projects, less an amount the Secretary 
                reasonably estimates is necessary for grants 
                under this section for those of such projects 
                that are not covered by an agreement. The total 
                amount covered by new contingent commitments 
                included in project construction grant 
                agreements and early systems work agreements 
                for such projects may be not more than a 
                limitation specified in law.
                  (C) Inclusion of certain commitments.--Future 
                obligations of the Government and contingent 
                commitments made against the contingent 
                commitment authority under section 3032(g)(2) 
                of the Intermodal Surface Transportation 
                Efficiency Act of 1991 (106 Stat. 2125) for the 
                San Francisco BART to the Airport project for 
                fiscal years 2002, 2003, 2004, 2005, and 2006 
                shall be charged against section 3032(g)(2) of 
                that Act.
                  (D) Appropriation required.--An obligation 
                may be made under this subsection only when 
                amounts are appropriated for the obligation.
          (5) Notification of congress.--At least 60 days 
        before issuing a letter of intent or entering into a 
        full funding grant agreement or project construction 
        grant agreement under this section, the Secretary shall 
        notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate of the proposed letter or agreement. The 
        Secretary shall include with the notification a copy of 
        the proposed letter or agreement as well as the 
        evaluations and ratings for the project.
  (g) Government's Share of Net Project Cost.--
          (1) Federal share.--Based on engineering studies, 
        studies of economic feasibility, and information on the 
        expected use of equipment or facilities, the Secretary 
        shall estimate the net project cost. A grant for the 
        project shall be for 80 percent of the net capital 
        project cost, unless the grant recipient requests a 
        lower grant percentage.
          (2) Remainder of net project cost.--The remainder of 
        net project costs shall be provided from an 
        undistributed cash surplus, a replacement or 
        depreciation cash fund or reserve, or new capital.
          (3) Limitation on statutory construction.--Nothing in 
        this section, including paragraph (1) and subsections 
        (c)(3)(D)(iv) and (c)(4), shall be construed as 
        authorizing the Secretary to require a non-Federal 
        financial commitment for a project that is more than 20 
        percent of the net capital project cost.
          (4) Special rule for rolling stock costs.--In 
        addition to amounts allowed pursuant to paragraph (1), 
        a planned extension to a fixed guideway system may 
        include the cost of rolling stock previously purchased 
        if the applicant satisfies the Secretary that only 
        amounts other than amounts of the Government were used 
        and that the purchase was made for use on the 
        extension. A refund or reduction of the remainder may 
        be made only if a refund of a proportional amount of 
        the grant of the Government is made at the same time.
          (5) Limitation on applicability.--This subsection 
        does not apply to projects for which the Secretary has 
        entered into a full funding grant agreement before the 
        date of enactment of the Federal Public Transportation 
        Act of 2005.
  (h) Fiscal Capacity Considerations.--If the Secretary gives 
priority consideration to financing projects that include more 
than the non-Government share required under subsection (g), 
the Secretary shall give equal consideration to differences in 
the fiscal capacity of State and local governments.
  (i) Reports on New Starts.--
          (1) Annual dot report.--Not later than the first 
        Monday in February of each year, the Secretary shall 
        submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Banking, Housing, and Urban Affairs of the 
        Senate a report that includes--
                  (A) a proposal of allocations of amounts to 
                be available to finance grants for new fixed 
                guideway capital projects among applicants for 
                these amounts;
                  (B) evaluations and ratings, as required 
                under subsection (c), for each such project 
                that is authorized by the Federal Public 
                Transportation Act of 2005; and
                  (C) recommendations of such projects for 
                funding based on the evaluations and ratings 
                and on existing commitments and anticipated 
                funding levels for the next 3 fiscal years and 
                for the next 10 fiscal years based on 
                information currently available to the 
                Secretary.
          (2) Annual gao review.--The Comptroller General 
        shall--
                  (A) conduct an annual review of--
                          (i) the processes and procedures for 
                        evaluating, rating, and recommending 
                        new fixed guideway capital projects; 
                        and
                          (ii) the Secretary's implementation 
                        of such processes and procedures; and
                  (B) report to Congress on the results of such 
                review by May 31 of each year.
  (j) Undertaking Projects in Advance.--
          (1) In general.--The Secretary may pay the 
        Government's share of the net capital project cost to a 
        State or local governmental authority that carries out 
        any part of a project described in this section without 
        the aid of amounts of the Government and according to 
        all applicable procedures and requirements if--
                  (A) the State or local governmental authority 
                applies for the payment;
                  (B) the Secretary approves the payment; and
                  (C) before carrying out the part of the 
                project, the Secretary approves the plans and 
                specifications for the part in the same way as 
                other projects under this section.
          (2) Financing costs.--
                  (A) In general.--The cost of carrying out 
                part of a project includes the amount of 
                interest earned and payable on bonds issued by 
                the State or local governmental authority to 
                the extent proceeds of the bonds are expended 
                in carrying out the part.
                  (B) Limitation on amount of interest.--The 
                amount of interest under this paragraph may not 
                be more than the most favorable interest terms 
                reasonably available for the project at the 
                time of borrowing.
                  (C) Certification.--The applicant shall 
                certify, in a manner satisfactory to the 
                Secretary, that the applicant has shown 
                reasonable diligence in seeking the most 
                favorable financial terms.
          (3) Capital project cost indices.--The Secretary 
        shall consider changes in capital project cost indices 
        when determining the estimated cost under paragraph 
        (2).
  (k) Bus and Bus Facilities Projects.--In making grants under 
subsections (m)(1)(C) and (m)(2)(B)(iii), the Secretary shall 
consider the age of buses, bus fleets, related equipment, and 
bus-related facilities.
  (l) Availability of Amounts.--An amount made available or 
appropriated under section 5338(b), 5338(g), or 5338(h) for 
replacement, rehabilitation, and purchase of buses and related 
equipment and construction of bus-related facilities or for new 
fixed guideway capital projects shall remain available for 3 
fiscal years, including the fiscal year in which the amount is 
made available or appropriated. Any of such amounts that are 
unobligated at the end of the 3-fiscal-year period shall be 
deobligated and may be used by the Secretary for any purpose 
under this section.
  (m) Allocating Amounts.--
          (1) Fiscal year 2004.--The total amount of funds made 
        available by or appropriated under section 5338(b) for 
        fiscal year 2004 shall be allocated as follows:
                  (A) 40 percent for fixed guideway 
                modernization;
                  (B) 40 percent for major new fixed guideway 
                capital projects; and
                  (C) 20 percent to replace, rehabilitate, and 
                purchase buses and related equipment and to 
                construct bus-related facilities.
          (2) Fiscal years 2005-2009.--The total amount of 
        funds made available by section 5338(g), and 
        appropriated under section 5338(h), for each of fiscal 
        years 2005 through 2009 shall be allocated in the 
        fiscal year as follows:
                  (A) Small capital projects.--From funds 
                appropriated under section 5338(h) for new 
                fixed guideway capital projects described in 
                subsection (d)--
                          (i) $135,000,000 in fiscal year 2005;
                          (ii) $175,000,000 in fiscal year 
                        2006;
                          (iii) $200,000,000 in fiscal year 
                        2007;
                          (iv) $200,000,000 in fiscal year 
                        2008; and
                          (v) $225,000,000 in fiscal year 2009.
                  (B) Remainder.--After the allocation under 
                subparagraph (A), the remainder of such total 
                amount shall be allocated as follows:
                          (i) 40 percent for fixed guideway 
                        modernization, to be derived from funds 
                        made available under section 5338(g).
                          (ii) 40 percent for major new fixed 
                        capital guideway projects, to be 
                        derived from funds appropriated under 
                        section 5338(h).
                          (iii) 20 percent to replace, 
                        rehabilitate, and purchase buses and 
                        related equipment and to construct bus-
                        related facilities, to be derived from 
                        funds made available under section 
                        5338(g).
          (3) Funding for ferry boat systems.--Of the amounts 
        made available under paragraphs (1)(B) and (2)(B)(ii), 
        $10,400,000 shall be available in each of fiscal years 
        2004 through 2009 for new fixed guideway capital 
        projects in Alaska or Hawaii that are for ferry boats 
        or ferry terminal facilities or that are for approaches 
        to ferry terminal facilities. Of the amounts made 
        available under paragraphs (1)(C) and (2)(B)(iii), 
        $10,000,000 shall be available in each of fiscal years 
        2005 through 2009 for ferry boats or ferry terminal 
        facilities.
          (4) Fuel cell bus program.--Of the amounts made 
        available under subsections (m)(1)(C) and 
        (m)(2)(B)(iii) for a fiscal year, the following amounts 
        shall be set aside for the national fuel cell bus 
        technology development program under section 3039 of 
        the Federal Public Transportation Act of 2005:
                  (A) $4,849,950 for fiscal year 2004.
                  (B) $10,000,000 for fiscal year 2005.
                  (C) $11,000,000 for fiscal year 2006.
                  (D) $12,000,000 for fiscal year 2007.
                  (E) $13,000,000 for fiscal year 2008.
                  (F) $14,000,000 for fiscal year 2009.
  (n) New Fixed Guideway Capital Project Defined.--In this 
section, the term ``new fixed guideway capital project'' means 
a minimum operable segment of a capital project for a new fixed 
guideway system or extension to an existing fixed guideway 
system.

[Sec. 5310. Formula grants and loans for special needs of elderly 
                    individuals and individuals with disabilities

  [(a) General Authority.--The Secretary of Transportation may 
make grants and loans to--
          [(1) State and local governmental authorities to help 
        them provide mass transportation service planned, 
        designed, and carried out to meet the special needs of 
        elderly individuals and individuals with disabilities; 
        and
          [(2) the chief executive officer of each State for 
        allocation to--
                  [(A) private nonprofit corporations and 
                associations to help them provide that 
                transportation service when the transportation 
                service provided under clause (1) of this 
                subsection is unavailable, insufficient, or 
                inappropriate; or
                  [(B) governmental authorities--
                          [(i) approved by the State to 
                        coordinate services for elderly 
                        individuals and individuals with 
                        disabilities; or
                          [(ii) that certify to the chief 
                        executive officer that no nonprofit 
                        corporation or association readily is 
                        available in an area to provide service 
                        under this subsection.
  [(b) Apportioning and Transferring Amounts.--The Secretary 
shall apportion amounts made available under section 5338(a) of 
this title under a formula the Secretary administers that 
considers the number of elderly individuals and individuals 
with disabilities in each State. Any State's apportionment 
remaining available for obligation at the beginning of the 90-
day period before the end of the period of availability of the 
apportionment is available to the chief executive officer of 
the State for transfer to supplement amounts apportioned to the 
State under section 5311(c) or 5336(a)(1) of this title.
  [(c) State Program of Projects.--Amounts made available for 
this section may be used for transportation projects to assist 
in providing transportation services for elderly individuals 
and individuals with disabilities that are included in a State 
program of projects. A program shall be submitted annually to 
the Secretary for approval and shall contain an assurance that 
the program provides for maximum feasible coordination of 
transportation services assisted under this section with 
transportation services assisted by other United States 
Government sources.
  [(d) Eligible Capital Expenses.--A recipient of amounts under 
this section may include acquiring transportation services as 
an eligible capital expense.
  [(e) Application of Section 5309.--(1) A grant or loan under 
subsection (a)(1) of this section is subject to all 
requirements of a grant or loan under section 5309 of this 
title, and is deemed to have been made under section 5309.
  [(2) A grant or loan under subsection (a)(2) of this section 
is subject to requirements similar to those under paragraph (1) 
of this subsection to the extent the Secretary considers 
appropriate.
  [(f) Minimum Requirements and Procedures for Recipients.--In 
carrying out section 5301(d) of this title, section 165(b) of 
the Federal-Aid Highway Act of 1973 (Public Law 93-87, 87 Stat. 
282), and section 504 of the Rehabilitation Act of 1973 (29 
U.S.C. 794) (consistent with Government-wide standards to carry 
out section 504), the Secretary shall prescribe regulations 
establishing minimum criteria a recipient of Government 
financial assistance under this chapter or a law referred to in 
section 165(b) shall comply with in providing mass 
transportation service to elderly individuals and individuals 
with disabilities and procedures for the Secretary to monitor 
compliance with the criteria. The regulations shall include 
provisions for ensuring that organizations and groups 
representing elderly individuals and individuals with 
disabilities are given adequate notice of, and an opportunity 
to comment on, the proposed activity of a recipient to achieve 
compliance with the regulations.
  [(g) Leasing Vehicles.--The Secretary shall prescribe 
guidelines allowing vehicles bought under this section to be 
leased to local governmental authorities to improve 
transportation services designed to meet the special needs of 
elderly individuals and individuals with disabilities.]

Sec. 5310. Formula grants for special needs of elderly individuals and 
                    individuals with disabilities

  (a) General Authority.--
          (1) Grants.--The Secretary may make grants to States 
        and local governmental authorities under this section 
        for public transportation capital projects, and 
        operating costs associated with public transportation 
        capital projects, planned, designed, and carried out to 
        meet the special needs of elderly individuals and 
        individuals with disabilities.
          (2) Subrecipients.--A State that receives a grant 
        under this section may allocate the amounts of the 
        grant to--
                  (A) a private nonprofit organization if the 
                public transportation service provided under 
                paragraph (1) is unavailable, insufficient, or 
                inappropriate; or
                  (B) a governmental authority that--
                          (i) is approved by the State to 
                        coordinate services for elderly 
                        individuals and individuals with 
                        disabilities; or
                          (ii) certifies that there are not any 
                        nonprofit organizations readily 
                        available in the area to provide the 
                        services described under paragraph (1).
          (3) Acquiring public transportation services.--A 
        public transportation capital project under this 
        section may include acquisition of public 
        transportation services as an eligible capital expense.
          (4) Administrative expenses.--A State or local 
        governmental authority may use not more than 10 percent 
        of the amounts apportioned to the State under this 
        section to administer, plan, and provide technical 
        assistance for a project funded under this section.
  (b) Apportionment and Transfers.--
          (1) Apportionment.--
                  (A) Formula.--The Secretary shall apportion 
                amounts made available to carry out this 
                section under a formula the Secretary 
                administers that considers the number of 
                elderly individuals and individuals with 
                disabilities in each State.
                  (B) Low density adjustment.--In administering 
                the apportionment formula under subparagraph 
                (A)--
                          (i) in the case of a State with a 
                        population density of 10 or fewer 
                        persons per square mile, the Secretary 
                        shall multiply by a factor of 2 the 
                        number of elderly individuals and 
                        individuals with disabilities in the 
                        State (as determined using the most 
                        recent decennial United States Census); 
                        and
                          (ii) in the case of a State with a 
                        population density of more than 10 but 
                        equal to or fewer than 30 persons per 
                        square mile, the Secretary shall 
                        multiply by a factor of 1.25 the number 
                        of elderly individuals and individuals 
                        with disabilities in the State (as 
                        determined using the most recent 
                        decennial United States Census).
          (2) Transfers.--Any State's apportionment remaining 
        available for obligation at the beginning of the 90-day 
        period before the end of the period of availability of 
        the apportionment is available to the State for 
        transfer to supplement amounts apportioned to the State 
        under section 5311(c) or 5336(a)(1), or both. Any funds 
        transferred pursuant to this paragraph shall be made 
        available only for eligible projects as described in 
        this section.
  (c) Government's Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net 
        capital costs of the project, as determined by the 
        Secretary; except that in the case of a State described 
        in section 120(b)(1) of title 23, such percentage shall 
        be increased in accordance with such section.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
          (3) Remainder.--The remainder of the net project 
        costs--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  (B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
  (d) Grant Requirements.--
          (1) In general.--A grant under this section shall be 
        subject to all requirements of a grant under section 
        5307. A grant to a subrecipient under this section 
        shall be subject to such requirements to the extent the 
        Secretary considers appropriate.
          (2) Coordination with nonprofit providers.--A 
        recipient that transfers funds to an apportionment 
        under section 5336(a)(1) pursuant to subsection (b)(2) 
        shall certify that the project for which the funds are 
        requested under this section has been coordinated with 
        nonprofit providers of services.
          (3) Project selection and planning.--Beginning in 
        fiscal year 2007, a recipient of funds under this 
        section shall certify that--
                  (A) the projects selected were derived from a 
                locally developed, coordinated public transit-
                human services transportation plan; and
                  (B) the plan was developed through a process 
                that included representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the 
                public.
          (4) Fair and equitable distribution.--A recipient of 
        a grant under this section shall certify that 
        allocations of the grant to subrecipients are 
        distributed on a fair and equitable basis.
  (e) State Program.--
          (1) In general.--Amounts made available to carry out 
        this section may be used for transportation projects to 
        assist in providing transportation services for elderly 
        individuals and individuals with disabilities that are 
        included in a State program of projects.
          (2) Submission and approval.--A program shall be 
        submitted annually to the Secretary for approval and 
        shall contain an assurance that the program provides 
        for maximum feasible coordination of transportation 
        services assisted under this section with 
        transportation services assisted by other Government 
        sources.
  (f) Leasing Vehicles.--Vehicles acquired under this section 
may be leased to local governmental authorities to improve 
transportation services designed to meet the special needs of 
elderly individuals and individuals with disabilities.
  [(h)] (g) Meal Delivery Service to Homebound Individuals.--
[Mass] Public transportation service providers receiving 
assistance under this section or section 5311(c) of this title 
may coordinate and assist in regularly providing meal delivery 
service for homebound individuals if the delivery service does 
not conflict with providing [mass] public transportation 
service or reduce service to [mass] public transportation 
passengers.
  [(i)] (h) Transfer of Facilities and Equipment.--With the 
consent of the recipient currently having a facility or 
equipment acquired with assistance under this section, a State 
may transfer the facility or equipment to any recipient 
eligible to receive assistance under this chapter if the 
facility or equipment will continue to be used as required 
under this section.
  [(j)] (i) Fares Not Required.--This chapter does not require 
that elderly individuals and individuals with disabilities be 
charged a fare.

Sec. 5311. Formula grants for other than urbanized areas

  [(a) Definition.--In this section, ``recipient'' includes a 
State authority, a local governmental authority, a nonprofit 
organization, and an operator of mass transportation service.
  [(b) General Authority.--(1) The Secretary of Transportation 
may make grants for transportation projects that are included 
in a State program of mass transportation service projects 
(including service agreements with private providers of mass 
transportation service) for areas other than urbanized areas. 
The program shall be submitted annually to the Secretary. The 
Secretary may approve the program only if the Secretary finds 
that the program provides a fair distribution of amounts in the 
State, including Indian reservations, and the maximum feasible 
coordination of mass transportation service assisted under this 
section with transportation service assisted by other United 
States Government sources.
  [(2) The Secretary of Transportation shall carry out a rural 
transportation assistance program in nonurbanized areas. In 
carrying out this paragraph, the Secretary may make grants and 
contracts for transportation research, technical assistance, 
training, and related support services in nonurbanized areas.
  [(c) Apportioning Amounts.--The Secretary of Transportation 
shall apportion amounts made available under section 5338(a) of 
this title so that the chief executive officer of each State 
receives an amount equal to the total amount apportioned 
multiplied by a ratio equal to the population of areas other 
than urbanized areas in a State divided by the population of 
all areas other than urbanized areas in the United States, as 
shown by the most recent of the following: the latest 
Government census, the population estimate the Secretary of 
Commerce prepares after the 4th year after the date the latest 
census is published, or the population estimate the Secretary 
of Commerce prepares after the 8th year after the date the 
latest census is published. The amount may be obligated by the 
chief executive officer for 2 years after the fiscal year in 
which the amount is apportioned. An amount that is not 
obligated at the end of that period shall be reapportioned 
among the States for the next fiscal year.]
  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Recipient.--The term ``recipient'' means a State 
        that receives a Federal transit program grant directly 
        from the Government.
          (2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, nonprofit 
        organization, or operator of public transportation 
        services that receives a Federal transit program grant 
        indirectly through a recipient.
  (b) General Authority.--
          (1) Grants.--Except as provided in paragraph (2), the 
        Secretary may make grants to other than urbanized areas 
        under this section for the following:
                  (A) Public transportation capital projects.
                  (B) Operating costs of equipment and 
                facilities for use in public transportation.
                  (C) Acquisition of public transportation 
                services, including service agreements with 
                private providers of public transportation 
                services.
          (2) State program.--
                  (A) In general.--Amounts made available to 
                carry out this section shall be used for 
                projects included in a State program for public 
                transportation projects, including service 
                agreements with private providers of public 
                transportation.
                  (B) Submission.--The program shall be 
                submitted annually to the Secretary for 
                approval.
                  (C) Approval.--The Secretary may approve the 
                program only if the Secretary finds that the 
                program provides a fair distribution of amounts 
                in the State, including Indian reservations, 
                and the maximum feasible coordination of public 
                transportation service assisted under this 
                section with transportation service assisted by 
                other Federal sources.
          (3) Rural transportation assistance program.--
                  (A) In general.--The Secretary shall carry 
                out a rural transportation assistance program 
                in other than urbanized areas.
                  (B) Grants and contracts.--In carrying out 
                this paragraph, the Secretary may use not more 
                than 2 percent of the amount made available to 
                carry out this section to make grants and 
                contracts for transportation research, 
                technical assistance, training, and related 
                support services in other than urbanized areas.
                  (C) Projects of a national scope.--Not more 
                than 15 percent of the amounts available under 
                subparagraph (B) may be used by the Secretary 
                to carry out projects of a national scope, with 
                the remaining balance provided to the States.
  (c) Apportionments.--
          (1) In general.--The Secretary shall apportion 
        amounts made available to carry out this section among 
        the States in the ratio that--
                  (A) the population of other than urbanized 
                areas in each State, as shown by the most 
                recent Government decennial census of 
                population; bears to
                  (B) the population of all other than 
                urbanized areas in the United States, as shown 
                by that census.
          (2) Low density adjustment.--In administering the 
        apportionment formula under paragraph (1)--
                  (A) in the case of a State with a population 
                density of 10 or fewer persons per square mile 
                in other than urbanized areas of the State, the 
                Secretary shall multiply by a factor of 1.5 the 
                population of such other than urbanized areas 
                (as determined using the most recent decennial 
                United States Census); and
                  (B) in the case of a State with a population 
                density of more than 10 but equal to or fewer 
                than 12 persons per square mile in other than 
                urbanized areas of the State, the Secretary 
                shall multiply by a factor of 1.25 the 
                population of such other than urbanized areas 
                (as determined using the most recent decennial 
                United States Census).
          (3) Availability.--The amount apportioned to a State 
        under this subsection may be obligated by the State for 
        2 fiscal years after the fiscal year in which the 
        amount is apportioned. An amount that is not obligated 
        at the end of that period shall be reapportioned among 
        the States for the next fiscal year.

           *       *       *       *       *       *       *

  (e) Use for Administration, Planning, and Technical 
Assistance.--[(1)] The Secretary of Transportation may allow a 
State to use not more than 15 percent of the amount apportioned 
under this section to administer this section and provide 
technical assistance to a [recipient] subrecipient, including 
project planning, program and management development, 
coordination of [mass] public transportation programs, and 
research the State considers appropriate to promote effective 
delivery of [mass] public transportation to an area other than 
an urbanized area.
  [(2) Except as provided in this section, a State carrying out 
a program of operating assistance under this section may not 
limit the level or extent of use of the Government grant for 
the payment of operating expenses.]
  (f) Intercity Bus Transportation.--(1) A State shall expend 
at least 15 percent of the amount made available in each fiscal 
year [after September 30, 1993,] to carry out a program to 
develop and support intercity bus transportation. Eligible 
activities under the program include--
          (A) * * *

           *       *       *       *       *       *       *

          (E) coordinating rural connections between small 
        [mass] public transportation operations and intercity 
        bus carriers.
  (2) [A State] After consultation with affected intercity bus 
service providers, a State does not have to comply with 
paragraph (1) of this subsection in a fiscal year in which the 
chief executive officer of the State certifies to the Secretary 
of Transportation that the intercity bus service needs of the 
State are being met adequately.
  [(g) Government's Share of Costs.--(1) In this subsection, 
``amounts of the Government or revenues'' do not include 
amounts received under a service agreement with a State or 
local social service agency or a private social service 
organization.
  [(2) A grant of the Government for a capital project under 
this section may not be more than 80 percent of the net cost of 
the project, as determined by the Secretary of Transportation. 
A grant to pay a subsidy for operating expenses may not be more 
than 50 percent of the net cost of the operating expense 
project. At least 50 percent of the remainder shall be provided 
in cash from sources other than amounts of the Government or 
revenues from providing mass transportation. Transit system 
amounts that make up the remainder shall be from an 
undistributed cash surplus, a replacement or depreciation cash 
fund or reserve, or new capital.
  [(h) Amounts for Operating Assistance.--An amount made 
available under this section may be used for operating 
assistance.]
  (g) Government's Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section shall be for 80 percent of the net 
        capital costs of the project, as determined by the 
        Secretary; except that in the case of a State described 
        in section 120(b)(1) of title 23, such percentage shall 
        be increased in accordance with such section.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
          (3) Remainder.--The remainder of net project costs--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  (B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          (5) Limitation on operating assistance.--A State 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.
  [(i)] (h) Transfer of Facilities and Equipment.--With the 
consent of the recipient currently having a facility or 
equipment acquired with assistance under this section, a State 
may transfer the facility or equipment to any recipient 
eligible to receive assistance under this chapter if the 
facility or equipment will continue to be used as required 
under this section.
  [(j)] (i) Relationship to Other Laws.--(1) Sections 
5323(a)(1)(D) and 5333(b) of this title apply to this section 
but the Secretary of Labor may waive the application of section 
5333(b).

           *       *       *       *       *       *       *

[Sec. 5312. Research, development, demonstration, and training 
                    projects]

Sec. 5312. Research, development, demonstration, and deployment 
                    projects

  (a) Research, Development, and Demonstration Projects.--The 
Secretary of Transportation [(or the Secretary of Housing and 
Urban Development when required by section 5334(i) of this 
title)] may undertake, or make grants [or contracts], 
contracts, cooperative agreements, or other transactions 
(including agreements with departments, agencies, and 
instrumentalities of the United States Government) for, 
research, development, [and demonstration projects], 
demonstration or deployment projects, or evaluation of 
technology of national significance related to [urban mass] 
public transportation that the Secretary decides will [help 
reduce urban transportation needs, improve mass transportation 
service,] improve transportation service or help [mass] public 
transportation service meet the total [urban] transportation 
needs at a minimum cost. The Secretary may request and receive 
appropriate information from any source. This subsection does 
not limit the authority of the Secretary under another law.
  [(b) Research, Investigations, and Training.--(1) The 
Secretary of Transportation (or the Secretary of Housing and 
Urban Development when required by section 5334(i) of this 
title) may make grants to nonprofit institutions of higher 
learning--
          [(A) to conduct competent research and investigations 
        into the theoretical or practical problems of urban 
        transportation; and
          [(B) to train individuals to conduct further research 
        or obtain employment in an organization that plans, 
        builds, operates, or manages an urban transportation 
        system.
  [(2) Research and investigations under this subsection 
include--
          [(A) the design and use of urban mass transportation 
        systems and urban roads and highways;
          [(B) the interrelationship between various modes of 
        urban and interurban transportation;
          [(C) the role of transportation planning in overall 
        urban planning;
          [(D) public preferences in transportation;
          [(E) the economic allocation of transportation 
        resources; and
          [(F) the legal, financial, engineering, and esthetic 
        aspects of urban transportation.
  [(3) When making a grant under this subsection, the 
appropriate Secretary shall give preference to an institution 
that brings together knowledge and expertise in the various 
social science and technical disciplines related to urban 
transportation problems.
  [(c) Training Fellowships and Innovative Techniques and 
Methods.--(1) The Secretary of Transportation may make grants 
to States, local governmental authorities, and operators of 
mass transportation systems to provide fellowships to train 
personnel employed in managerial, technical, and professional 
positions in the mass transportation field.
  [(2) The Secretary of Transportation may make grants to State 
and local governmental authorities for projects that will use 
innovative techniques and methods in managing and providing 
mass transportation.
  [(3) A fellowship under this subsection may be for not more 
than one year of training in an institution that offers a 
program applicable to the mass transportation industry. The 
recipient of the grant shall select an individual on the basis 
of demonstrated ability and for the contribution the individual 
reasonably can be expected to make to an efficient mass 
transportation operation. A grant for a fellowship may not be 
more than the lesser of $24,000 or 75 percent of--
          [(A) tuition and other charges to the fellowship 
        recipient;
          [(B) additional costs incurred by the training 
        institution and billed to the grant recipient; and
          [(C) the regular salary of the fellowship recipient 
        for the period of the fellowship to the extent the 
        salary is actually paid or reimbursed by the grant 
        recipient.]
  [(d)] (b) Joint Partnership Program for Deployment of 
Innovation.--
          (1) Definition of consortium.--In this subsection, 
        the term ``consortium''--
                  (A) means 1 or more public or private 
                organizations located in the United States that 
                provide [mass] public transportation service to 
                the public and 1 or more businesses, including 
                small- and medium-sized businesses, 
                incorporated in a State, offering goods or 
                services or willing to offer goods and services 
                to [mass] public transportation operators; and
                  (B) may include, as additional members, 
                public or private research organizations 
                located in the United States, or State or local 
                governmental authorities.
          (2) General authority.--The Secretary may, under 
        terms and conditions that the Secretary prescribes, 
        enter into grants, contracts, cooperative agreements, 
        and [other agreements] other transactions with 
        consortia selected in accordance with paragraph (4), to 
        promote the early deployment of innovation in [mass] 
        public transportation services, management, operational 
        practices, or technology that has broad applicability. 
        This paragraph shall be carried out in consultation 
        with the transit industry by competitively selected 
        consortia that will share costs, risks, and rewards of 
        early deployment of innovation.

           *       *       *       *       *       *       *

  [(e)] (c) International Mass Transportation Program.--
          (1) Activities.--The Secretary is authorized to 
        engage in activities to inform the United States 
        domestic [mass] public transportation community about 
        technological innovations available in the 
        international marketplace and activities that may 
        afford domestic businesses the opportunity to become 
        globally competitive in the export of [mass] public 
        transportation products and services. Such activities 
        may include--
                  (A) development, monitoring, assessment, and 
                dissemination domestically of information about 
                worldwide [mass] public transportation market 
                opportunities;
                  (B) cooperation with foreign public sector 
                entities in research, development, 
                demonstration, training, and other forms of 
                technology transfer and exchange of experts and 
                information;
                  (C) advocacy, in international [mass] public 
                transportation markets, of firms, products, and 
                services available from the United States;
                  (D) informing the international market about 
                the technical quality of [mass] public 
                transportation products and services through 
                participation in seminars, expositions, and 
                similar activities; and
                  (E) offering those Federal Transit 
                Administration technical services which cannot 
                be readily obtained from the United States 
                private sector to foreign public authorities 
                planning or undertaking [mass] public 
                transportation projects if the cost of these 
                services will be recovered under the terms of 
                each project.
          (2) Cooperation.--The Secretary may carry out 
        activities under this subsection in cooperation with 
        other Federal agencies, State or local agencies, 
        [public and] public or private nonprofit institutions, 
        government laboratories, foreign governments, or any 
        other organization the Secretary determines is 
        appropriate.

           *       *       *       *       *       *       *

[Sec. 5313. State planning and research programs]

Sec. 5313. Cooperative research program

  (a) Cooperative Research Program.--[(1) The amounts made 
available under paragraphs (1) and (2)(C)(ii) of section 
5338(d) of this title] The amounts made available under 
paragraphs (1)(C)(iv) and (2)(C) of section 5338(d) are 
available for a [mass] public transportation cooperative 
research program. The Secretary of Transportation shall 
establish an independent governing board for the program. The 
board shall recommend [mass] public transportation research, 
development, and technology transfer activities the Secretary 
considers appropriate.
  [(2) The] (b)  Federal Assistance.--The Secretary may make 
grants to, and cooperative agreements with, the National 
Academy of Sciences to carry out activities under this 
subsection that the Secretary decides are appropriate.
  [(b) State Planning and Research.--(1) The amounts made 
available under paragraphs (1) and (2)(C)(ii) of section 
5338(c) of this title shall be apportioned to States for grants 
and contracts consistent with the purposes of sections 5303-
5306, 5312, 5315, 5317, and 5322 of this title. The amounts 
shall be apportioned so that each State receives an amount 
equal to the population in urbanized areas in the State, 
divided by the population in urbanized areas in all States, as 
shown by the latest available decennial census. However, a 
State must receive at least .5 percent of the amount 
apportioned under this subsection.
  [(2) A State, as the State considers appropriate, may 
authorize part of the amount made available under this 
subsection to be used to supplement amounts available under 
subsection (a) of this section.
  [(3) An amount apportioned under this subsection--
          [(A) remains available for 3 years after the fiscal 
        year in which the amount is apportioned; and
          [(B) that is unobligated at the end of the 3-year 
        period shall be reapportioned among the States for the 
        next fiscal year.]
  (c) Government's Share.--When there would be a clear and 
direct financial benefit to an entity under a grant or contract 
financed under [subsection (a) of] this section, the Secretary 
shall establish a United States Government share consistent 
with the benefit.

[Sec. 5314. National planning and research programs]

Sec. 5314. National research and technology programs

  (a) Program.--(1) The amounts made available under 
[subsections (d) and (h)(7) of section 5338 of this title] 
section 5338(d) are available to the Secretary of 
Transportation for grants [and contracts], contracts, 
cooperative agreements, or other transactions for the purposes 
of sections [5303-5306,] 5312, 5315, [5317,] and 5322 of this 
title, as the Secretary considers appropriate.
  (2) [Of the amounts made available under paragraph (1) of 
this subsection, the Secretary shall make available at least 
$3,000,000 to] The Secretary shall provide [mass] public 
transportation-related technical assistance, demonstration 
programs, research, public education, and other activities the 
Secretary considers appropriate to help [mass] public 
transportation providers comply with the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.). To the 
extent practicable, the Secretary shall carry out this 
paragraph through a contract with a national nonprofit 
organization serving individuals with disabilities that has a 
demonstrated capacity to carry out the activities.

           *       *       *       *       *       *       *

  (4)(A) The Secretary may undertake a program of [mass] public 
transportation technology development in coordination with 
affected entities.
  [(B) The Secretary shall establish an Industry Technical 
Panel composed of representatives of transportation suppliers 
and operators and others involved in technology development. A 
majority of the Panel members shall represent the supply 
industry. The Panel shall assist the Secretary in identifying 
priority technology development areas and in establishing 
guidelines for project development, project cost sharing, and 
project execution.]
  [(C)] (B) The Secretary shall develop guidelines for cost 
sharing in technology development projects financed under this 
paragraph. The guidelines shall be flexible and reflect the 
extent of technical risk, market risk, and anticipated supplier 
benefits and payback periods.

           *       *       *       *       *       *       *

  (b) Government's Share.--When there would be a clear and 
direct financial benefit to an entity under a grant [or 
contract financed under subsection (a) of this section,], 
contract, cooperative agreement, or other transaction under 
subsection (a) or section 5312, the Secretary shall establish a 
United States Government share consistent with the benefit.

Sec. 5315. National transit institute

  (a) Establishment and Duties.--The Secretary of 
Transportation shall make grants to Rutgers University to 
establish a national transit institute. In cooperation with the 
Federal Transit Administration, State transportation 
departments, public [mass] transportation authorities, and 
national and international entities, the institute shall 
develop and conduct training programs of instruction for United 
States Government, State, and local transportation employees, 
United States citizens, and foreign nationals engaged or to be 
engaged in Government-aid mass transportation work. The 
programs may include courses in recent developments, 
techniques, and procedures related to--
          (1) * * *

           *       *       *       *       *       *       *

  (d) Availability of Amounts.--Not more than .5 percent of the 
amounts made available for a fiscal year beginning after 
September 30, 1991, to a State or public [mass] transportation 
authority in the State to carry out sections 5307 and 5309 of 
this title is available for expenditure by the State and public 
[mass] transportation authorities in the State, with the 
approval of the Secretary, to pay not more than 80 percent of 
the cost of tuition and direct educational expenses related to 
educating and training State and local transportation employees 
under this section.

Sec. 5316. Job access and reverse commute formula grants

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Access to jobs project.--The term ``access to 
        jobs project'' means a project relating to the 
        development and maintenance of transportation services 
        designed to transport welfare recipients and eligible 
        low-income individuals to and from jobs and activities 
        related to their employment, including--
                  (A) transportation projects to finance 
                planning, capital, and operating costs of 
                providing access to jobs under this chapter;
                  (B) promoting public transportation by low-
                income workers, including the use of public 
                transportation by workers with nontraditional 
                work schedules;
                  (C) promoting the use of transit vouchers for 
                welfare recipients and eligible low-income 
                individuals; and
                  (D) promoting the use of employer-provided 
                transportation, including the transit pass 
                benefit program under section 132 of the 
                Internal Revenue Code of 1986.
          (2) Eligible low-income individual.--The term 
        ``eligible low-income individual'' means an individual 
        whose family income is at or below 150 percent of the 
        poverty line (as that term is defined in section 673(2) 
        of the Community Services Block Grant Act (42 U.S.C. 
        9902(2)), including any revision required by that 
        section) for a family of the size involved.
          (3) Recipient.--The term ``recipient'' means a 
        designated recipient (as defined in section 5307(a)(2)) 
        and a State that receives a grant under this section 
        directly.
          (4) Reverse commute project.--The term ``reverse 
        commute project'' means a public transportation project 
        designed to transport residents of urbanized areas and 
        other than urbanized areas to suburban employment 
        opportunities, including any projects to--
                  (A) subsidize the costs associated with 
                adding reverse commute bus, train, carpool, van 
                routes, or service from urbanized areas and 
                other than urbanized areas to suburban 
                workplaces;
                  (B) subsidize the purchase or lease by a 
                nonprofit organization or public agency of a 
                van or bus dedicated to shuttling employees 
                from their residences to a suburban workplace; 
                or
                  (C) otherwise facilitate the provision of 
                public transportation services to suburban 
                employment opportunities.
          (5) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, nonprofit 
        organization, or operator of public transportation 
        services that receives a grant under this section 
        indirectly through a recipient.
          (6) Welfare recipient.--The term ``welfare 
        recipient'' means an individual who has received 
        assistance under a State or tribal program funded under 
        part A of title IV of the Social Security Act at any 
        time during the 3-year period before the date on which 
        the applicant applies for a grant under this section.
  (b) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section to a recipient for access to jobs and reverse 
        commute projects carried out by the recipient or a 
        subrecipient.
          (2) Administrative expenses.--A recipient may use not 
        more than 10 percent of the amounts apportioned to the 
        recipient under this section to administer, plan, and 
        provide technical assistance for a project funded under 
        this section.
  (c) Apportionments.--
          (1) Formula.--The Secretary shall apportion amounts 
        made available to carry out this section as follows:
                  (A) 60 percent of the funds shall be 
                apportioned among designated recipients (as 
                defined in section 5307(a)(2)) for urbanized 
                areas with a population of 200,000 or more in 
                the ratio that--
                          (i) the number of eligible low-income 
                        individuals and welfare recipients in 
                        each such urbanized area; bears to
                          (ii) the number of eligible low-
                        income individuals and welfare 
                        recipients in all such urbanized areas.
                  (B) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          (i) the number of eligible low-income 
                        individuals and welfare recipients in 
                        urbanized areas with a population of 
                        less than 200,000 in each State; bears 
                        to
                          (ii) the number of eligible low-
                        income individuals and welfare 
                        recipients in urbanized areas with a 
                        population of less than 200,000 in all 
                        States.
                  (C) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          (i) the number of eligible low-income 
                        individuals and welfare recipients in 
                        other than urbanized areas in each 
                        State; bears to
                          (ii) the number of eligible low-
                        income individuals and welfare 
                        recipients in other than urbanized 
                        areas in all States.
          (2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  (A) funds apportioned under paragraph (1)(A) 
                shall be used for projects serving urbanized 
                areas with a population of 200,000 or more;
                  (B) funds apportioned under paragraph (1)(B) 
                shall be used for projects serving urbanized 
                areas with a population of less than 200,000; 
                and
                  (C) funds apportioned under paragraph (1)(C) 
                shall be used for projects serving other than 
                urbanized areas.
          (3) Exceptions.--A State may use funds apportioned 
        under paragraphs (1)(B) and (1)(C)--
                  (A) for projects serving areas other than the 
                area specified in paragraph (2)(B) or (2)(C), 
                as the case may be, if the Governor of the 
                State certifies that all of the objectives of 
                this section are being met in the specified 
                area; or
                  (B) for projects anywhere in the State if the 
                State has established a statewide program for 
                meeting the objectives of this section.
  (d) Competitive Process for Grants to Subrecipients.--
          (1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) shall conduct, 
        in cooperation with the appropriate metropolitan 
        planning organization, an areawide solicitation for 
        applications for grants to the recipient and 
        subrecipients under this section.
          (2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (c)(1)(B) or (c)(1)(C) 
        shall conduct a statewide solicitation for applications 
        for grants to the recipient and subrecipients under 
        this section.
          (3) Application.--Recipients and subrecipients 
        seeking to receive a grant from funds apportioned under 
        subsection (c) shall submit to the recipient an 
        application in the form and in accordance with such 
        requirements as the recipient shall establish.
          (4) Grant awards.--The recipient shall award grants 
        under paragraphs (1) and (2) on a competitive basis.
  (e) Transfers.--
          (1) In general.--A State may transfer any funds 
        apportioned to it under subsection (c)(1)(B) or 
        (c)(1)(C), or both, to an apportionment under section 
        5311(c) or 5336, or both.
          (2) Limited to eligible projects.--Any apportionment 
        transferred under this subsection shall be made 
        available only for eligible job access and reverse 
        commute projects as described in this section.
          (3) Consultation.--A State may make a transfer of an 
        amount under this subsection only after consulting with 
        responsible local officials and publicly owned 
        operators of public transportation in each area for 
        which the amount originally was awarded under 
        subsection (d)(4).
  (f) Grant Requirements.--
          (1) In general.--A grant under this section shall be 
        subject to the requirements of section 5307.
          (2) Fair and equitable distribution.--A recipient of 
        a grant under this section shall certify to the 
        Secretary that allocations of the grant to 
        subrecipients are distributed on a fair and equitable 
        basis.
  (g) Coordination.--
          (1) In general.--The Secretary shall coordinate 
        activities under this section with related activities 
        under programs of other Federal departments and 
        agencies.
          (2) With nonprofit providers.--A State that transfers 
        funds to an apportionment under section 5336 pursuant 
        to subsection (e) shall certify to the Secretary that 
        any project for which the funds are requested under 
        this section has been coordinated with nonprofit 
        providers of services.
          (3) Project selection and planning.--A recipient of 
        funds under this section shall certify to the Secretary 
        that--
                  (A) the projects selected were derived from a 
                locally developed, coordinated public transit-
                human services transportation plan; and
                  (B) the plan was developed through a process 
                that included representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the 
                public.
  (h) Government's Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section may not exceed 80 percent of the net 
        capital costs of the project, as determined by the 
        Secretary.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
          (3) Remainder.--The remainder of the net project 
        costs--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  (B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          (5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.
  (i) Program Evaluation.--
          (1) Comptroller general.--Beginning 1 year after the 
        date of enactment of the Federal Public Transportation 
        Act of 2005, and every 2 years thereafter, the 
        Comptroller General shall--
                  (A) conduct a study to evaluate the grant 
                program authorized by this section; and
                  (B) transmit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and the Committee on 
                Banking, Housing, and Urban Affairs of the 
                Senate a report describing the results of the 
                study under subparagraph (A).
          (2) Department of transportation.--Not later than 3 
        years after the date of enactment of Federal Public 
        Transportation Act of 2005, the Secretary shall--
                  (A) conduct a study to evaluate the 
                effectiveness of the grant program authorized 
                by this section and the effectiveness of 
                recipients making grants to subrecipients under 
                this section; and
                  (B) transmit to the committees referred to in 
                paragraph (1)(B) a report describing the 
                results of the study under subparagraph (A).

Sec. 5317. New Freedom program

  (a) Definitions.--In this section, the following definitions 
apply:
          (1) Recipient.--The term ``recipient'' means a 
        designated recipient (as defined in section 5307(a)(2)) 
        and a State that receives a grant under this section 
        directly.
          (2) Subrecipient.--The term ``subrecipient'' means a 
        State or local governmental authority, nonprofit 
        organization, or operator of public transportation 
        services that receives a grant under this section 
        indirectly through a recipient.
  (b) General Authority.--
          (1) Grants.--The Secretary may make grants under this 
        section to a recipient for new public transportation 
        services and public transportation alternatives beyond 
        those required by the Americans with Disabilities Act 
        of 1990 (42 U.S.C. 12101 et seq.) that assist 
        individuals with disabilities with transportation, 
        including transportation to and from jobs and 
        employment support services.
          (2) Administrative expenses.--A recipient may use not 
        more than 10 percent of the amounts apportioned to the 
        recipient under this section to administer, plan, and 
        provide technical assistance for a project funded under 
        this section.
  (c) Apportionments.--
          (1) Formula.--The Secretary shall apportion amounts 
        made available to carry out this section as follows:
                  (A) 60 percent of the funds shall be 
                apportioned among designated recipients (as 
                defined in section 5307(a)(2)) for urbanized 
                areas with a population of 200,000 or more in 
                the ratio that--
                          (i) the number of individuals with 
                        disabilities in each such urbanized 
                        area; bears to
                          (ii) the number of individuals with 
                        disabilities in all such urbanized 
                        areas.
                  (B) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          (i) the number of individuals with 
                        disabilities in urbanized areas with a 
                        population of less than 200,000 in each 
                        State; bears to
                          (ii) the number of individuals with 
                        disabilities in urbanized areas with a 
                        population of less than 200,000 in all 
                        States.
                  (C) 20 percent of the funds shall be 
                apportioned among the States in the ratio 
                that--
                          (i) the number of individuals with 
                        disabilities in other than urbanized 
                        areas in each State; bears to
                          (ii) the number of individuals with 
                        disabilities in other than urbanized 
                        areas in all States.
          (2) Use of apportioned funds.--Except as provided in 
        paragraph (3)--
                  (A) funds apportioned under paragraph (1)(A) 
                shall be used for projects serving urbanized 
                areas with a population of 200,000 or more;
                  (B) funds apportioned under paragraph (1)(B) 
                shall be used for projects serving urbanized 
                areas with a population of less than 200,000; 
                and
                  (C) funds apportioned under paragraph (1)(C) 
                shall be used for projects serving other than 
                urbanized areas.
          (3) Low density adjustment.--
                  (A) Smaller urbanized areas.--In 
                administering the apportionment formula under 
                paragraph (1)(B)--
                          (i) in the case of a State with a 
                        population density of 10 or fewer 
                        persons per square mile in other than 
                        urbanized areas of the State, the 
                        Secretary shall multiply by a factor of 
                        2 the number of individuals with 
                        disabilities in urbanized areas of the 
                        State with a population of less than 
                        200,000 (as determined using the most 
                        recent decennial United States Census); 
                        and
                          (ii) in the case of a State with a 
                        population density of more than 10 but 
                        equal to or fewer than 30 persons per 
                        square mile, the Secretary shall 
                        multiply by a factor of 1.25 the number 
                        of individuals with disabilities in 
                        urbanized areas of the State with a 
                        population of less than 200,000 (as 
                        determined using the most recent 
                        decennial United States Census).
                  (B) Other than urbanized areas.--In 
                administering the apportionment formula under 
                paragraph (1)(C)--
                          (i) in the case of a State with a 
                        population density of 10 or fewer 
                        persons per square mile in other than 
                        urbanized areas of the State, the 
                        Secretary shall multiply by a factor of 
                        1.5 the number of individuals with 
                        disabilities in other than urbanized 
                        areas of the State (as determined using 
                        the most recent decennial United States 
                        Census); and
                          (ii) in the case of a State with a 
                        population density of more than 10 but 
                        equal to or fewer than 12 persons per 
                        square mile in other than urbanized 
                        areas of the State, the Secretary shall 
                        multiply by a factor of 1.25 the number 
                        of individuals with disabilities in 
                        other than urbanized areas of the State 
                        (as determined using the most recent 
                        decennial United States Census).
          (4) Transfers.--
                  (A) In general.--A State may transfer any 
                funds apportioned to it under paragraph (1)(B) 
                or (1)(C), or both, to an apportionment under 
                section 5311(c) or 5336, or both.
                  (B) Limited to eligible projects.--Any funds 
                transferred pursuant to this paragraph shall be 
                made available only for eligible projects 
                selected under this section.
                  (C) Consultation.--A State may make a 
                transfer of an amount under this subsection 
                only after consulting with responsible local 
                officials and publicly owned operators of 
                public transportation in each area for which 
                the amount originally was awarded under 
                subsection (d)(4).
  (d) Competitive Process for Grants to Subrecipients.--
          (1) Areawide solicitations.--A recipient of funds 
        apportioned under subsection (c)(1)(A) shall conduct, 
        in cooperation with the appropriate metropolitan 
        planning organization, an areawide solicitation for 
        applications for grants to the recipient and 
        subrecipients under this section.
          (2) Statewide solicitation.--A recipient of funds 
        apportioned under subsection (c)(1)(B) or (c)(1)(C) 
        shall conduct a statewide solicitation for applications 
        for grants to the recipient and subrecipients under 
        this section.
          (3) Application.--Recipients and subrecipients 
        seeking to receive a grant from funds apportioned under 
        subsection (c) shall submit to the recipient an 
        application in the form and in accordance with such 
        requirements as the recipient shall establish.
          (4) Grant awards.--The recipient shall award grants 
        under paragraphs (1) and (2) on a competitive basis.
  (e) Grant Requirements.--
          (1) In general.--Except as provided in paragraph (2), 
        a grant under this section shall be subject to all the 
        requirements of section 5307.
          (2) Employee protective arrangements.--Section 
        5333(b) shall apply to grants under this section, 
        except that the Secretary of Labor shall utilize, for 
        urbanized areas with a population of less than 200,000 
        and for other than urbanized areas, a special warranty 
        described in section 215.7 of title 29, Code of Federal 
        Regulations (as in effect on the date of enactment of 
        the Federal Public Transportation Act of 2005), that 
        provides a fair and equitable arrangement to protect 
        the interest of employees.
          (3) Fair and equitable distribution.--A recipient of 
        a grant under this section shall certify that 
        allocations of the grant to subrecipients are 
        distributed on a fair and equitable basis.
  (f) Coordination.--
          (1) In general.--The Secretary shall coordinate 
        activities under this section with related activities 
        under programs of other Federal departments and 
        agencies.
          (2) With nonprofit providers.--A recipient that 
        transfers funds to an apportionment under section 5336 
        pursuant to subsection (c)(2) shall certify that the 
        project for which the funds are requested under this 
        section has been coordinated with nonprofit providers 
        of services.
          (3) Project selection and planning.--Beginning in 
        fiscal year 2007, a recipient of funds under this 
        section shall certify that--
                  (A) the projects selected were derived from a 
                locally developed, coordinated public transit-
                human services transportation plan; and
                  (B) the plan was developed through a process 
                that included representatives of public, 
                private, and nonprofit transportation and human 
                services providers and participation by the 
                public.
  (g) Government's Share of Costs.--
          (1) Capital projects.--A grant for a capital project 
        under this section may not exceed 80 percent of the net 
        capital costs of the project, as determined by the 
        Secretary.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
          (3) Remainder.--The remainder of the net project 
        costs--
                  (A) may be provided from an undistributed 
                cash surplus, a replacement or depreciation 
                cash fund or reserve, a service agreement with 
                a State or local social service agency or a 
                private social service organization, or new 
                capital; and
                  (B) may be derived from amounts appropriated 
                to or made available to a department or agency 
                of the Government (other than the Department of 
                Transportation) that are eligible to be 
                expended for transportation.
          (4) Use of certain funds.--For purposes of paragraph 
        (3)(B), the prohibitions on the use of funds for 
        matching requirements under section 403(a)(5)(C)(vii) 
        of the Social Security Act (42 U.S.C. 
        603(a)(5)(C)(vii)) shall not apply to Federal or State 
        funds to be used for transportation purposes.
          (5) Limitation on operating assistance.--A recipient 
        carrying out a program of operating assistance under 
        this section may not limit the level or extent of use 
        of the Government grant for the payment of operating 
        expenses.

Sec. 5318. Bus testing facility

  [(a) Establishment.--The Secretary of Transportation shall 
establish one facility for testing a new bus model for 
maintainability, reliability, safety, performance (including 
braking performance), structural integrity, fuel economy, 
emissions, and noise. The facility shall be established by 
renovating a facility built with assistance of the United 
States Government to train rail personnel.]
  (a) Facility.--The Secretary of Transportation shall maintain 
one facility for testing a new bus model for maintainability, 
reliability, safety, performance (including braking 
performance), structural integrity, fuel economy, emissions, 
and noise.
  (b) Operation and Maintenance.--The Secretary shall enter 
into a contract or cooperative agreement with, or make a grant 
to, a qualified person or organization to operate and maintain 
the facility. The contract, cooperative agreement, or grant may 
provide for the testing of rail cars and other [mass] public 
transportation vehicles at the facility.

           *       *       *       *       *       *       *

  (d) Availability of Amounts To Pay for Testing.--The 
Secretary shall enter into a contract or cooperative agreement 
with, or make a grant to, the operator of the facility under 
which the Secretary shall pay 80 percent of the cost of testing 
a vehicle at the facility from amounts available [under section 
5309(m)(1)(C) of this title] to carry out this section. The 
entity having the vehicle tested shall pay 20 percent of the 
cost.
  [(e) Revolving Loan Fund.--The Secretary has a bus testing 
revolving loan fund consisting of amounts authorized for the 
fund under section 317(b)(5) of the Surface Transportation and 
Uniform Relocation Assistance Act of 1987. The Secretary shall 
make available as repayable advances from the fund to the 
person operating and maintaining the facility amounts to 
operate and maintain the facility.]
  (e) Acquiring New Bus Models.--Amounts appropriated or made 
available under this chapter may be obligated or expended to 
acquire a new bus model only if a bus of that model has been 
tested at the facility maintained by the Secretary under 
subsection (a).

Sec. 5319. Bicycle facilities

  A project to provide access for bicycles to [mass] public 
transportation facilities, to provide shelters and parking 
facilities for bicycles in or around [mass] public 
transportation facilities, or to install equipment for 
transporting bicycles on [mass] public transportation vehicles 
is a capital project eligible for assistance under sections 
5307, 5309, [and 5311] 5311, and 5320 of this title. 
Notwithstanding sections 5307(e), [5309(h),] 5309(g), and 
5311(g) of this title, a grant of the United States Government 
under this chapter for a project made eligible by this section 
is for 90 percent of the cost of the project, except that, if 
the grant or any portion of the grant is made with funds 
required to be expended under section 5307(k) and the project 
involves providing bicycle access to [mass] public 
transportation, that grant or portion of that grant shall be at 
a Federal share of 95 percent.

[Sec. 5320. Suspended light rail system technology pilot project

  [(a) Purpose.--The purpose of this section is to provide for 
the construction by a public entity of a suspended light rail 
system technology pilot project--
          [(1) to assess the state of new technology for a 
        suspended light rail system; and
          [(2) to establish the feasibility, costs, and 
        benefits of using the system to transport passengers.
  [(b) General Requirements.--The project shall--
          [(1) use new rail technology with individual vehicles 
        on a prefabricated elevated steel guideway;
          [(2) be stability-seeking with a center of gravity 
        for the detachable passenger vehicles located below the 
        point of wheel-rail contact; and
          [(3) use vehicles that are driven by overhead bogies 
        with high efficiency, low maintenance electric motors 
        for each wheel, operating in a slightly sloped plane 
        from vertical for the wheels and the running rails, to 
        further increase stability, acceleration, and braking 
        performance.
  [(c) Competition.--(1) The Secretary of Transportation shall 
conduct a national competition to select a public entity with 
which to make a full funding grant agreement to construct the 
project. Not later than April 16, 1992, the Secretary shall 
select 3 public entities to be finalists in the competition. In 
conducting the competition and selecting public entities, the 
Secretary shall consider--
          [(A) the public entity's demonstrated understanding 
        and knowledge of the project and its technical, 
        managerial, and financial capacity to construct, 
        manage, and operate the project; and
          [(B) maximizing potential contributions to the cost 
        of the project by State, local, and private sector 
        entities, including donation of in-kind services and 
        materials.
  [(2) The Secretary shall award a grant to each finalist to be 
used to participate in the final phase of the competition under 
procedures the Secretary prescribes. A grant may not be more 
than 80 percent of the cost of participating. A finalist may 
not receive more than one-third of the amount made available 
under subsection (h)(1)(A) of this section.
  [(3) Not later than July 15, 1992, the Secretary shall select 
from among the 3 finalists a public entity with which to make a 
full funding grant agreement.
  [(d) Environmental Impact.--Not later than 270 days after a 
public entity is selected under subsection (c) of this section, 
the Secretary shall approve and publish in the Federal Register 
a notice announcing either a finding of no significant impact 
or a draft environmental impact statement for the project. The 
alternatives analysis for the project shall include a decision 
on whether to construct the project. If a draft statement is 
published, the Secretary, not later than 180 days after 
publication, shall approve and publish in the Federal Register 
a notice of completion of a final environmental impact 
statement.
  [(e) Full Funding Grant Agreement.--Not later than 60 days 
after carrying out the requirements of subsection (d) of this 
section, the Secretary shall make a full funding grant 
agreement under section 5309 of this title with the public 
entity selected under subsection (c) of this section to 
construct the project. The agreement shall provide that the 
system vendor for the project shall finance--
          [(1) 100 percent of any deficit incurred in operating 
        the project in the first 2 years of revenue operations 
        of the project; and
          [(2) 50 percent of any deficit incurred in operating 
        the project in the 3d year of revenue operations of the 
        project.
  [(f) Notice To Proceed.--Not later than 30 days after making 
the full funding grant agreement, the Secretary shall issue a 
notice to proceed with construction.
  [(g) Option Not To Construct and Reawarding the Grant.--(1) 
Not later than 30 days after completing preliminary engineering 
and design, the selected public entity shall decide whether to 
proceed to constructing the project. If the entity decides not 
to proceed--
          [(A) the Secretary shall not make the full funding 
        grant agreement;
          [(B) remaining amounts received shall be returned to 
        the Secretary and credited to the Mass Transit Account 
        of the Highway Trust Fund; and
          [(C) the Secretary shall use the credited amount and 
        other amounts to be provided under this section to 
        award to another entity selected under subsection 
        (c)(1) of this section a grant under section 5309 of 
        this title to construct the project.
  [(2) Not later than 60 days after a decision is made under 
paragraph (1) of this subsection, a grant shall be awarded 
under paragraph (1)(C) of this subsection after completing a 
competitive process for selecting the grant recipient.
  [(h) Financing.--(1) The Secretary shall pay from amounts 
provided under section 5309 of this title the following:
          [(A) at least $1,000,000 for the fiscal year ending 
        September 30, 1992, for grants under subsection (c)(2) 
        of this section.
          [(B) at least $4,000,000 for the fiscal year ending 
        September 30, 1993, for the United States Government 
        share of the costs (as determined under section 5309 of 
        this title) if the systems planning, alternatives 
        analysis, preliminary engineering, and design and 
        environmental impact statement are required by law for 
        the project.
          [(C) at least $30,000,000 for the fiscal year ending 
        September 30, 1994, as provided in the grant agreement 
        under subsection (e) of this section, for the 
        Government share of the construction costs of the 
        project.
  [(2) The grant agreement under subsection (e) of this section 
shall provide that for the 3d year of revenue operations of the 
project, the Secretary shall pay from amounts provided under 
this section the Government share of operating costs in an 
amount equal to the lesser of 50 percent of the deficit 
incurred in operating the project in that year or $300,000.
  [(3) Amounts not expended under paragraph (1)(A) of this 
subsection are available for the Government share of costs 
described in paragraph (1)(B) and (C) of this subsection.
  [(4) Amounts under paragraph (1)(B) and (C) of this 
subsection remain available until expended.
  [(i) Government's Share of Costs.--The Government share of 
the cost of constructing the project is 80 percent of the net 
cost of the project.
  [(j) Project Not Subject to Major Capital Investment 
Policy.--The project is not subject to the major capital 
investment policy of the Federal Transit Administration.
  [(k) Report.--Not later than January 30, 1993, and each year 
after that date, the Secretary shall submit to Congress a 
report on the progress and results of the project.]

Sec. 5320. Transit in the parks pilot program

  (a) Public Transportation Defined.--In this section, the term 
``public transportation'' means general or special 
transportation to the public by a conveyance that is publicly 
or privately owned. Such term does not include schoolbus or 
charter transportation but does include sightseeing 
transportation.
  (b) Establishment.--Not later than 90 days after the date of 
enactment of the Federal Public Transportation Act of 2005, the 
Secretary of Transportation and the Secretary of the Interior 
shall enter into a memorandum of understanding to establish a 
transit in the parks pilot program in accordance with the 
requirements of this section.
  (c) Purpose.--The purpose of the pilot program shall be to 
encourage and promote the development of transportation systems 
described in section 5301(a) within units of the National Park 
System to improve visitor mobility and enjoyment (including 
visitors with disabilities), reduce pollution and congestion, 
and enhance resource protection through the use of public 
transportation.
  (d) Administration of Program.--The program shall be 
administered by the Secretary of Transportation, in 
consultation with the Secretary of the Interior.
  (e) Memorandum of Understanding.--
          (1) Planning.--The memorandum of understanding under 
        subsection (b) shall include transportation planning 
        procedures that are consistent with the metropolitan 
        and statewide planning processes required under chapter 
        52.
          (2) Programs.--The memorandum of understanding shall 
        include descriptions of programs and activities 
        eligible for assistance under the pilot program.
          (3) Exceptions.--The memorandum of understanding 
        shall limit or modify the applicability of the 
        provisions referred to in subsection (f) to the extent 
        necessary to carry out the objectives of this section 
        and to be compatible with the laws and regulations 
        governing units of the National Park System.
  (f) Eligible Use of Funds.--Except as provided under 
subsection (e)(3), the Secretary may provide funds made 
available to carry out this section to the Secretary of the 
Interior under interagency agreements for the following 
purposes:
          (1) Planning, engineering, design, and evaluation.--
        Planning, engineering, design, and evaluation of public 
        transportation projects in units of the National Park 
        System, and for technical studies, in accordance with 
        section 5305(b)(2).
          (2) Public transportation capital projects.--Public 
        transportation capital projects (as defined in section 
        5302(a)(1)) for such units in accordance with all the 
        terms and conditions to which a grant is made under 
        subsections (a), (b), (c), and (d) of section 5307 and 
        such other terms and conditions as are determined by 
        the Secretary. The Secretary of the Interior shall act 
        as the designated recipient for the purposes of 
        subsection (a)(2) of section 5307.
          (3) Operating costs.--Operating costs of equipment 
        and facilities used in public transportation for such 
        units.
  (g) Government's Share of Costs.--
          (1) Capital projects.--The Government share of the 
        cost of any capital project or activity under this 
        section shall be 100 percent of the costs of the 
        project, as determined by the Secretary.
          (2) Operating assistance.--A grant made under this 
        section for operating assistance may not exceed 50 
        percent of the net operating costs of the project, as 
        determined by the Secretary.
  (h) Savings Clause.--Nothing in this section shall be 
construed as superseding, amending, modifying, or repealing any 
provision of law applicable to units of the National Park 
System.

Sec. 5321. Crime prevention and security

  The Secretary of Transportation may make capital grants from 
amounts available under section 5338 of this title to [mass] 
public transportation systems for crime prevention and 
security. This chapter does not prevent the financing of a 
project under this section when a local governmental authority 
other than the grant applicant has law enforcement 
responsibilities.

Sec. 5322. Human resource programs

  (a) In General.--The Secretary of Transportation may 
undertake, or make grants and contracts for, programs that 
address human resource needs as they apply to [mass] public 
transportation activities. A program may include--
          (1) an employment training program;
          (2) an outreach program to increase minority and 
        female employment in [mass] public transportation 
        activities;
          (3) research on [mass] public transportation 
        personnel and training needs; and
          (4) training and assistance for minority business 
        opportunities.
  (b) Grants to Higher Learning Institutions.--
          (1) Authority to make grants.--The Secretary may make 
        grants to nonprofit institutions of higher learning--
                  (A) to conduct research and investigations 
                into the theoretical or practical problems of 
                public transportation; and
                  (B) to train individuals to conduct further 
                research or obtain employment in an 
                organization that plans, builds, operates, or 
                manages a public transportation system.
          (2) Research and investigations.--Research and 
        investigations under this subsection include--
                  (A) the design and use of public 
                transportation systems and public roads and 
                highways;
                  (B) the interrelationship between various 
                modes of urban, suburban, rural, and intercity 
                transportation;
                  (C) the role of transportation planning in 
                overall urban planning;
                  (D) public preferences in transportation;
                  (E) the economic allocation of transportation 
                resources; and
                  (F) the legal, financial, engineering, and 
                esthetic aspects of public transportation.
          (3) Preference.--When making a grant under this 
        subsection, the Secretary shall give preference to an 
        institution that brings together knowledge and 
        expertise in the various social science and technical 
        disciplines related to public transportation problems.
  (c) Fellowships.--
          (1) Authority to make grants.--The Secretary may make 
        grants to States, local governmental authorities, and 
        operators of public transportation systems to provide 
        fellowships to train personnel employed in managerial, 
        technical, and professional positions in the public 
        transportation field.
          (2) Terms.--
                  (A) Period of training.--A fellowship under 
                this subsection may be for not more than one 
                year of training in an institution that offers 
                a program applicable to the public 
                transportation industry.
                  (B) Selection of individuals.--The recipient 
                of the grant shall select an individual on the 
                basis of demonstrated ability and for the 
                contribution the individual reasonably can be 
                expected to make to an efficient public 
                transportation operation.
                  (C) Amount.--A grant for a fellowship may not 
                be more than the lesser of $65,000 or 75 
                percent of--
                          (i) tuition and other charges to the 
                        fellowship recipient;
                          (ii) additional costs incurred by the 
                        training institution and billed to the 
                        grant recipient; and
                          (iii) the regular salary of the 
                        fellowship recipient for the period of 
                        the fellowship to the extent the salary 
                        is actually paid or reimbursed by the 
                        grant recipient.

Sec. 5323. General provisions on assistance

  (a) Interests in Property.--(1) Financial assistance provided 
under this chapter to a State or a local governmental authority 
may be used to acquire an interest in, or buy property of, a 
[private mass transportation company] private company engaged 
in public transportation, for a capital project for property 
acquired from a [private mass transportation company] private 
company engaged in public transportation after July 9, 1964, or 
to operate [mass transportation equipment or a mass 
transportation facility] a public transportation facility or 
equipment in competition with, or in addition to, 
transportation service provided by an existing [mass 
transportation company] public transportation company, only 
if--
          (A) the Secretary of Transportation finds the 
        assistance is essential to a program of projects 
        required under sections 5303-5306 of this title;
          (B) the Secretary of Transportation finds that the 
        program, to the maximum extent feasible, provides for 
        the participation of [private mass transportation 
        companies] private companies engaged in public 
        transportation;
          (C) just compensation under State or local law will 
        be paid to the company for its franchise or property; 
        and
          (D) the Secretary of Labor certifies that the 
        assistance complies with section 5333(b) of this title.
  (2) A governmental authority may not use financial assistance 
of the United States Government to acquire land, equipment, or 
a facility used in [mass] public transportation from another 
governmental authority in the same geographic area.
  (b) Notice and Public Hearing.--[(1) An application]
          (1) Applications.--An application for a grant [or 
        loan] under this chapter for a capital project that 
        will affect substantially a community, or the [mass] 
        public transportation service of a community, must 
        include a certificate of the applicant that the 
        applicant has--
                  (A) provided an adequate opportunity for a 
                public hearing with adequate prior notice;
                  (B) held that hearing unless no one with a 
                significant economic, social, or environmental 
                interest requested one;
                  (C) considered the economic, social, and 
                environmental effects of the project; and
                  (D) found that the project is consistent with 
                official plans for developing the urban area.
  [(2) Notice of]
          (2) Notice.--Notice of a hearing under this 
        subsection shall include a concise description of the 
        proposed project and shall be published in a newspaper 
        of general circulation in the geographic area the 
        project will serve. If a hearing is held, a copy of the 
        transcript of the hearing shall be submitted with the 
        application.
          (3) Environmental record.--An applicant shall include 
        in the environmental record for a project under this 
        chapter evidence that the applicant has complied with 
        the requirements of subparagraphs (A) through (D) of 
        paragraph (1).
  [(c) Acquiring New Bus Models.--Amounts appropriated or made 
available under this chapter after September 30, 1989, may be 
obligated or expended to acquire a new bus model only if a bus 
of the model has been tested at the facility established under 
section 5318 of this title.]
  (d) Condition on Charter Bus Transportation Service.--[(1) 
Financial assistance]
          (1) Agreements.--Financial assistance under this 
        chapter may be used to buy or operate a bus only if the 
        applicant, governmental authority, or publicly owned 
        operator that receives the assistance agrees that, 
        except as provided in the agreement, the governmental 
        authority or an operator of [mass] public 
        transportation for the governmental authority will not 
        provide charter bus transportation service outside the 
        urban area in which it provides regularly scheduled 
        [mass] public transportation service. An agreement 
        shall provide for a fair arrangement the Secretary of 
        Transportation considers appropriate to ensure that the 
        assistance will not enable a governmental authority or 
        an operator for a governmental authority to foreclose a 
        private operator from providing intercity charter bus 
        service if the private operator can provide the 
        service.
  [(2) On receiving a complaint about a violation of an 
agreement, the Secretary of Transportation shall investigate 
and decide whether a violation has occurred. If the Secretary 
decides that a violation has occurred, the Secretary shall 
correct the violation under terms of the agreement. In addition 
to a remedy specified in the agreement, the Secretary may bar a 
recipient under this subsection or an operator from receiving 
further assistance when the Secretary finds a continuing 
pattern of violations of the agreement.]
          (2) Violations.--
                  (A) Investigations.--On receiving a complaint 
                about a violation of the agreement required 
                under paragraph (1), the Secretary shall 
                investigate and decide whether a violation has 
                occurred.
                  (B) Enforcement of agreements.--If the 
                Secretary decides that a violation has 
                occurred, the Secretary shall correct the 
                violation under terms of the agreement.
                  (C) Additional remedies.--In addition to any 
                remedy specified in the agreement, the 
                Secretary shall bar a recipient or an operator 
                from receiving Federal transit assistance in an 
                amount the Secretary considers appropriate if 
                the Secretary finds a pattern of violations of 
                the agreement.
  [(e) Bus Passenger Seat Functional Specifications.--The 
initial advertising by a State or local governmental authority 
for bids to acquire buses using financial assistance under this 
chapter may include passenger seat functional specifications 
that are at least equal to performance specifications the 
Secretary of Transportation prescribes. The specifications 
shall be based on a finding by the State or local governmental 
authority of local requirements for safety, comfort, 
maintenance, and life cycle costs.]
  (e) Bond Proceeds Eligible for Local Share.--
          (1) Use as local matching funds.--Notwithstanding any 
        other provision of law, a recipient of assistance under 
        section 5307 or 5309 may use the proceeds from the 
        issuance of revenue bonds as part of the local matching 
        funds for a capital project.
          (2) Maintenance of effort.--The Secretary shall 
        approve of the use of the proceeds from the issuance of 
        revenue bonds for the remainder of the net project cost 
        only if the Secretary finds that the aggregate amount 
        of financial support for public transportation in the 
        urbanized area provided by the State and affected local 
        governmental authorities during the next 3 fiscal 
        years, as programmed in the State transportation 
        improvement program under chapter 52 is not less than 
        the aggregate amount provided by the State and affected 
        local governmental authorities in the urbanized area 
        during the preceding 3 fiscal years.
      (3) Debt service reserve.--The Secretary may reimburse an 
eligible recipient for deposits of bond proceeds in a debt 
service reserve that recipient established pursuant to section 
5302(a)(1)(K) from amounts made available to the recipient 
under section 5307 or 5309, or both; except that such 
reimbursement in a fiscal year may not exceed 10 percent of the 
amounts made available to the recipient under section 5307 in 
such fiscal year.
  (f) Schoolbus Transportation.--[(1) Financial assistance]
          (1) Agreements.--Financial assistance under this 
        chapter may be used for a capital project, or to 
        operate [mass] public transportation equipment or a 
        [mass] public transportation facility, only if the 
        applicant agrees not to provide schoolbus 
        transportation that exclusively transports students and 
        school personnel in competition with a private 
        schoolbus operator. This subsection does not apply--
                  (A) to an applicant that operates a school 
                system in the area to be served and a separate 
                and exclusive schoolbus program for the school 
                system;
                  (B) unless a private schoolbus operator can 
                provide adequate transportation that complies 
                with applicable safety standards at reasonable 
                rates; and
                  (C) to a State or local governmental 
                authority if it or a direct predecessor in 
                interest from which it acquired the duty of 
                transporting school children and personnel, and 
                facilities to transport them, provided 
                schoolbus transportation at any time after 
                November 25, 1973, but before November 26, 
                1974.
  [(2) An applicant violating an agreement under this 
subsection may not receive other financial assistance under 
this chapter.]
          (2) Violations.--If the Secretary finds that an 
        applicant, governmental authority, or publicly owned 
        operator has violated the agreement required under 
        paragraph (1), the Secretary shall bar a recipient or 
        an operator from receiving Federal transit assistance 
        in an amount the Secretary considers appropriate.
  (g) Buying Buses Under Other Laws.--Subsections (d) and (f) 
of this section apply to financial assistance to buy a bus 
under sections [103(e)(4)] 133 and 142(a) or (c) of title 23. 
However, subsection (f)(1)(C) of this section applies to 
sections [103(e)(4)] 133 and 142(a) or (c) only if schoolbus 
transportation was provided at any time after August 12, 1972, 
but before August 13, 1973.

           *       *       *       *       *       *       *

  (j) Buy America.--(1) * * *

           *       *       *       *       *       *       *

    (3) Written justification for public interest waiver.--When 
issuing a waiver based on a public interest determination under 
paragraph (2)(A), the Secretary shall issue a detailed written 
justification as to why the waiver is in the public interest. 
The Secretary shall publish such justification in the Federal 
Register and provide the public with a reasonable period of 
time for notice and comment.
  [(3)] (4) In this subsection, labor costs involved in final 
assembly are not included in calculating the cost of 
components.
  [(4)] (5) The Secretary of Transportation may not make a 
waiver under paragraph (2) of this subsection for goods 
produced in a foreign country if the Secretary, in consultation 
with the United States Trade Representative, decides that the 
government of that foreign country--
          (A) has an agreement with the United States 
        Government under which the Secretary has waived the 
        requirement of this subsection; and
          (B) has violated the agreement by discriminating 
        against goods to which this subsection applies that are 
        produced in the United States and to which the 
        agreement applies.
  [(5)] (6) A person is ineligible under subpart 9.4 of chapter 
1 of title 48, Code of Federal Regulations, to receive a 
contract or subcontract made with amounts authorized under the 
[Intermodal Surface Transportation Efficiency Act of 1991 
(Public Law 102-240, 105 Stat. 1914)] Federal Public 
Transportation Act of 2004 if a court or department, agency, or 
instrumentality of the Government decides the person 
intentionally--
          (A) affixed a ``Made in America'' label, or a label 
        with an inscription having the same meaning, to goods 
        sold in or shipped to the United States that are used 
        in a project to which this subsection applies but not 
        produced in the United States; or
          (B) represented that goods described in clause (A) of 
        this paragraph were produced in the United States.
  [(6)] (7) The Secretary of Transportation may not impose any 
limitation on assistance provided under this chapter that 
restricts a State from imposing more stringent requirements 
than this subsection on the use of articles, materials, and 
supplies mined, produced, or manufactured in foreign countries 
in projects carried out with that assistance or restricts a 
recipient of that assistance from complying with those State-
imposed requirements.
  [(7)] (8) Opportunity to correct inadvertent error.--The 
Secretary may allow a manufacturer or supplier of steel, iron, 
or manufactured goods to correct after bid opening any 
certification of noncompliance or failure to properly complete 
the certification (but not including failure to sign the 
certification) under this subsection if such manufacturer or 
supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification 
as a result of an inadvertent or clerical error. The burden of 
establishing inadvertent or clerical error is on the 
manufacturer or supplier.
  (9) Administrative review.--A party adversely affected by an 
agency action under this subsection shall have the right to 
seek review under section 702 of title 5.

           *       *       *       *       *       *       *

  [(l) Application of Section 135 of Title 23.--The planning 
and programming requirements of section 135 of title 23 apply 
to a grant made under sections 5307-5311 of this title.]
  (l) Relationship to Other Laws.--Section 1001 of title 18 
applies to a certificate, submission, or statement provided 
under this chapter. The Secretary may terminate financial 
assistance under this chapter and seek reimbursement directly, 
or by offsetting amounts, available under this chapter, when a 
false or fraudulent statement or related act within the meaning 
of such section 1001 is made in connection with a Federal 
transit program.

           *       *       *       *       *       *       *

  (o) Grant Requirements.--The grant requirements under 
sections 5307 and 5309 apply to any project under this chapter 
that receives any assistance or other financing under [the 
Transportation Infrastructure Finance and Innovation Act of 
1998] chapter 6 (other than section 609) of title 23.

[Sec. 5324. Limitations on discretionary and special needs grants and 
                    loans

  [(a) Relocation Program Requirements.--Financial assistance 
may be provided under section 5309 of this title only if the 
Secretary of Transportation decides that--
          [(1) an adequate relocation program is being carried 
        out for families displaced by a project; and
          [(2) an equal number of decent, safe, and sanitary 
        dwellings are being, or will be, provided to those 
        families in the same area or in another area generally 
        not less desirable for public utilities and public and 
        commercial facilities, at rents or prices within the 
        financial means of those families, and with reasonable 
        access to their places of employment.
  [(b) Economic, Social, and Environmental Interests.--(1) In 
carrying out section 5301(e) of this title, the Secretary of 
Transportation shall cooperate and consult with the Secretaries 
of Agriculture, Health and Human Services, Housing and Urban 
Development, and the Interior and the Council on Environmental 
Quality on each project that may have a substantial impact on 
the environment.
  [(2) In carrying out section 5309 of this title, the 
Secretary of Transportation shall review each transcript of a 
hearing submitted under section 5323(b) of this title to 
establish that an adequate opportunity to present views was 
given to all parties with a significant economic, social, or 
environmental interest and that the project application 
includes a statement on--
          [(A) the environmental impact of the proposal;
          [(B) adverse environmental effects that cannot be 
        avoided;
          [(C) alternatives to the proposal; and
          [(D) irreversible and irretrievable impacts on the 
        environment.
  [(3)(A) The Secretary of Transportation may approve an 
application for financial assistance under section 5309 of this 
title only if the Secretary makes written findings, after 
reviewing the application and any hearings held before a State 
or local governmental authority under section 5323(b) of this 
title, that--
          [(i) an adequate opportunity to present views was 
        given to all parties with a significant economic, 
        social, or environmental interest;
          [(ii) the preservation and enhancement of the 
        environment, and the interest of the community in which 
        a project is located, were considered; and
          [(iii) no adverse environmental effect is likely to 
        result from the project, or no feasible and prudent 
        alternative to the effect exists and all reasonable 
        steps have been taken to minimize the effect.
  [(B) If a hearing has not been conducted or the Secretary of 
Transportation decides that the record of the hearing is 
inadequate for making the findings required by this subsection, 
the Secretary shall conduct a hearing on an environmental issue 
raised by the application after giving adequate notice to 
interested persons.
  [(C) A finding of the Secretary of Transportation under 
subparagraph (A) of this paragraph shall be made a matter of 
public record.
  [(c) Prohibitions Against Regulating Operations and 
Charges.--The Secretary of Transportation may not regulate the 
operation of a mass transportation system for which a grant is 
made under section 5309 of this title and, after a grant is 
made, may not regulate any charge for the system. However, the 
Secretary may require the local governmental authority, 
corporation, or association to comply with any undertaking 
provided by it related to its grant application.]

Sec. 5324. Special provisions for capital projects

  (a) Relocation Program Requirements.--Financial assistance 
may be provided under section 5309 only if the Secretary 
decides that--
          (1) an adequate relocation program is being carried 
        out for families displaced by a project; and
          (2) an equal number of decent, safe, and sanitary 
        dwellings are being, or will be, provided to those 
        families in the same area or in another area generally 
        not less desirable for public utilities and public and 
        commercial facilities, at rents or prices within the 
        financial means of those families, and with reasonable 
        access to their places of employment.
  (b) Consideration of Economic, Social, and Environmental 
Interests.--
          (1) Cooperation and consultation.--In carrying out 
        the policy of section 5301(e), the Secretary shall 
        cooperate and consult with the Secretaries of the 
        Interior, Health and Human Services, and Housing and 
        Urban Development and the Administrator of the 
        Environmental Protection Agency on each project that 
        may have a substantial impact on the environment.
          (2) Public participation in environmental reviews.--
        In performing environmental reviews, the Secretary 
        shall review each transcript of a hearing submitted 
        under section 5323(b) to establish that an adequate 
        opportunity to present views was given to all parties 
        having a significant economic, social, or environmental 
        interest in the project, and that the project 
        application includes a record of--
                  (A) the environmental impact of the proposal;
                  (B) adverse environmental effects that cannot 
                be avoided;
                  (C) alternatives to the proposal; and
                  (D) irreversible and irretrievable impacts on 
                the environment.
          (3) Approval of applications for assistance.--
                  (A) Findings by the secretary.--The Secretary 
                may approve an application for financial 
                assistance for a capital project in accordance 
                with this chapter only if the Secretary makes 
                written findings, after reviewing the 
                application and the transcript of any hearing 
                held before a State or local governmental 
                authority under section 5323(b), that--
                          (i) an adequate opportunity to 
                        present views was given to all parties 
                        having a significant economic, social, 
                        or environmental interest;
                          (ii) the preservation and enhancement 
                        of the environment and the interest of 
                        the community in which the project is 
                        located were considered; and
                          (iii) no adverse environmental effect 
                        is likely to result from the project, 
                        or no feasible and prudent alternative 
                        to the effect exists and all reasonable 
                        steps have been taken to minimize the 
                        effect.
                  (B) Hearing.--If a hearing has not been 
                conducted or the Secretary decides that the 
                record of the hearing is inadequate for making 
                the findings required by this subsection, the 
                Secretary shall conduct a hearing on an 
                environmental issue raised by the application 
                after giving adequate notice to interested 
                persons.
                  (C) Availability of findings.--The 
                Secretary's findings under subparagraph (A) 
                shall be made a matter of public record.

Sec. 5325. Contract requirements

  [(a) Noncompetitive Bidding.--A capital project or 
improvement contract for which a grant or loan is made under 
this chapter, if the contract is not made through competitive 
bidding, shall provide that records related to the contract 
shall be made available to the Secretary of Transportation and 
the Comptroller General, or an officer or employee of the 
Secretary or Comptroller General, when conducting an audit and 
inspection.
  [(b) Architectural, Engineering, and Design Contracts.--A 
contract or requirement for program management, construction 
management, a feasibility study, and preliminary engineering, 
design, architectural, engineering, surveying, mapping, or 
related services for a project for which a grant or loan is 
made under this chapter shall be awarded in the same way as a 
contract for architectural and engineering services is 
negotiated under chapter 11 of title 40 or an equivalent 
qualifications-based requirement of a State. When awarding such 
contracts, recipients of assistance under this chapter shall 
maximize efficiencies of administration by accepting 
nondisputed audits conducted by other governmental agencies, as 
provided in subparagraphs (C) through (F) of section 112(b)(2) 
of title 23. This subsection does not apply to the extent a 
State has adopted or adopts by law a formal procedure for 
procuring those services.]
  (a) Competition.--Recipients of Federal assistance under this 
chapter shall conduct all procurement transactions involving 
such assistance in a manner providing full and open 
competition, as determined by the Secretary.
  (b) Architectural, Engineering, and Design Contracts.--
          (1) Procedures for awarding contract.--A contract or 
        requirement for program management, architectural 
        engineering, construction management, a feasibility 
        study, and preliminary engineering, design, 
        architectural, engineering, surveying, mapping, or 
        related services for a project for which Federal 
        assistance is provided under this chapter shall be 
        awarded in the same way as a contract for architectural 
        and engineering services is negotiated under chapter 11 
        of title 40 or an equivalent qualifications-based 
        requirement of a State.
          (2) Effect of state laws.--This subsection does not 
        apply to the extent a State has adopted, before the 
        date of enactment of the Federal Public Transportation 
        Act of 2005, by law a formal procedure for procuring 
        those services.
          (3) Administration of contracts.--When awarding such 
        contracts, recipients of assistance under this chapter 
        shall maximize efficiencies of administration by 
        accepting nondisputed audits conducted by other 
        governmental agencies as follows:
                  (A) Performance of audits.--Any contract or 
                subcontract awarded under this chapter shall be 
                performed and audited in compliance with cost 
                principles contained in the Federal Acquisition 
                Regulation (part 31 of title 48, Code of 
                Federal Regulations).
                  (B) Indirect cost rates.--Instead of 
                performing its own audits, a recipient of funds 
                under a contract or subcontract awarded under 
                this chapter shall accept indirect cost rates 
                established in accordance with the Federal 
                Acquisition Regulation for one-year applicable 
                accounting periods by a cognizant Federal or 
                State government agency, if such rates are not 
                currently under dispute.
                  (C) Application of rates.--Once a firm's 
                indirect cost rates are accepted under this 
                paragraph, the recipient of the funds shall 
                apply such rates for the purposes of contract 
                estimation, negotiation, administration, 
                reporting, and contract payment and shall not 
                be limited by administrative or de facto 
                ceilings.
                  (D) Prenotification; confidentiality of 
                data.--A recipient of funds requesting or using 
                the cost and rate data described in paragraph 
                (3) shall notify any affected firm before such 
                request or use. Such data shall be confidential 
                and shall not be accessible or provided, in 
                whole or in part, to another firm or to any 
                government agency that is not part of the group 
                of agencies sharing cost data under this 
                paragraph, except by written permission of the 
                audited firm. If prohibited by law, such cost 
                and rate data shall not be disclosed under any 
                circumstances.

           *       *       *       *       *       *       *

  (d) Design-Build System Projects.--
          (1) Definition.--In this section, the term ``design-
        build system project'' means a project under which a 
        recipient enters into a contract with a seller, firm, 
        or consortium of firms to design and build a public 
        transportation system or an operable segment thereof 
        that meets specific performance criteria. Such project 
        may also include an option to finance, or operate for a 
        period of time, the system or segment or any 
        combination of designing, building, operating, or 
        maintaining such system or segment.
          (2) Financial assistance.--Government financial 
        assistance under this chapter may be made available for 
        the capital costs of a design-build system project 
        after the recipient complies with Government 
        requirements.
  (e) Multiyear Rolling Stock.--
          (1) Contracts.--A recipient procuring rolling stock 
        with Government financial assistance under this chapter 
        may make a multiyear contract to buy the rolling stock 
        and replacement parts under which the recipient has an 
        option to buy additional rolling stock or replacement 
        parts for not more than 5 years after the date of the 
        original contract.
          (2) Cooperation among recipients.--The Secretary 
        shall allow at least 2 recipients to act on a 
        cooperative basis to procure rolling stock in 
        compliance with this subsection and other Government 
        procurement requirements.
  (f) Acquiring Rolling Stock.--A recipient of financial 
assistance under this chapter may enter into a contract to 
expend that assistance to acquire rolling stock--
          (1) based on--
                  (A) initial capital costs; or
                  (B) performance, standardization, life cycle 
                costs, and other factors; or
          (2) with a party selected through a competitive 
        procurement process.
  (g) Examination of the Records.--Upon request, the Secretary, 
the Comptroller General, or a representative of the Secretary 
or the Comptroller General shall have access to and the right 
to examine and inspect all records, documents, papers, 
including contracts, related to a project for which a grant is 
made under this chapter.
  (h) Grant Prohibitions.--A grant may not be used to support a 
procurement that uses an exclusionary or discriminatory 
specification.

[Sec. 5326. Special procurements

  [(a) Turnkey System Projects.--
          [(1) Turnkey system project defined.--In this 
        subsection, the term ``turnkey system project'' means a 
        project under which a recipient enters into a contract 
        with a seller, firm, or consortium of firms to design 
        and build a mass transportation system or an operable 
        segment thereof that meets specific performance 
        criteria. Such project may also include an option to 
        finance, or operate for a period of time, the system or 
        segment or any combination of designing, building, 
        operating, or maintaining such system or segment.
          [(2) Selection of turnkey projects.--To advance new 
        technologies and lower the cost of a capital project 
        for a new mass transportation system or an operable 
        segment of a mass transportation system, the Secretary 
        of Transportation shall allow solicitation for a 
        turnkey system project to be financed under this 
        chapter to be awarded conditionally before United 
        States Government requirements have been met on the 
        project if the award is made without prejudice to 
        carrying out those requirements. Government financial 
        assistance under this chapter may be made available for 
        the project after the recipient complies with 
        Government requirements.
          [(3) Demonstrations.--To develop guidelines applying 
        generally to turnkey system projects, the Secretary may 
        approve at least 2 projects for an initial 
        demonstration phase. The results of the demonstration 
        projects (and other projects using this procurement 
        method on December 18, 1991) shall be considered in 
        developing guidelines to carry out this subsection.
  [(b) Multiyear Rolling Stock.--(1) A recipient procuring 
rolling stock with Government financial assistance under this 
chapter may make a multiyear contract to buy the rolling stock 
and replacement parts under which the recipient has an option 
to buy additional rolling stock or replacement parts for not 
more than 5 years after the date of the original contract.
  [(2) The Secretary shall allow at least 2 recipients to act 
on a cooperative basis to procure rolling stock in compliance 
with this subsection and other Government procurement 
requirements.
  [(c) Acquiring Rolling Stock.--A recipient of financial 
assistance under this chapter may enter into a contract to 
expend that assistance to acquire rolling stock--
          [(1) based on--
                  [(A) initial capital costs; or
                  [(B) performance, standardization, life cycle 
                costs, and other factors; or
          [(2) with a party selected through a competitive 
        procurement process.
  [(d) Procuring Associated Capital Maintenance Items.--A 
recipient of assistance under section 5307 procuring an 
associated capital maintenance item under section 5307(b) may 
enter into a contract directly with the original manufacturer 
or supplier of the item to be replaced, without receiving prior 
approval of the Secretary, if the recipient first certifies in 
writing to the Secretary that--
          [(1) the manufacturer or supplier is the only source 
        for the item; and
          [(2) the price of the item is no more than the price 
        that similar customers pay for the item.]

Sec. 5327. Project management oversight

  (a) Project Management Plan Requirements.--To receive United 
States Government financial assistance for a major capital 
project under this chapter or the National Capital 
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320), a 
recipient must prepare and carry out a project management plan 
approved by the Secretary of Transportation. The plan shall 
provide for--
          (1) * * *

           *       *       *       *       *       *       *

          (11) periodic updates of the plan, especially related 
        to project budget and project schedule, financing, 
        ridership estimates, and the status of local efforts to 
        enhance ridership where ridership estimates partly 
        depend on the success of those efforts; [and]
          (12) the recipient's commitment to submit a project 
        budget and project schedule to the Secretary each 
        month[.]; and
          (13) safety and security management.

           *       *       *       *       *       *       *

  [(c) Limitations on Use of Available Amounts.--(1) The 
Secretary may use not more than .5 percent of amounts made 
available for a fiscal year to carry out section 5307, 5309, or 
5311 of this title, an interstate transfer mass transportation 
project under section 103(e)(4) of title 23 as in effect on 
September 30, 1991, or a project under the National Capital 
Transportation Act of 1969 (Public Law 91-143, 83 Stat. 320) to 
make a contract to oversee the construction of a major project 
under section 5307, 5309, 5311, or 103(e)(4) or that Act. The 
Secretary may use when necessary not more than an additional 
.25 percent of amounts made available in a fiscal year to carry 
out a major project under section 5309 to make a contract to 
oversee the construction of the project.
  [(2) The Secretary may use amounts available under paragraph 
(1) of this subsection to enter into contracts for safety, 
procurement, management, and financial compliance reviews and 
audits of a recipient of amounts under paragraph (1) and to 
provide technical assistance to correct deficiencies identified 
in compliance reviews and audits carried out under this 
section. Subsections (a), (b), and (e) of this section do not 
apply to contracts under this paragraph.
  [(3) The Government shall pay the entire cost of carrying out 
a contract under this subsection.]
  (c) Limitations.--
          (1) Limitations on use of available amounts.--The 
        Secretary may use not more than .5 percent of amounts 
        made available for a fiscal year to carry out section 
        5311, not more than .75 percent of amounts made 
        available for a fiscal year to carry out section 5307, 
        and not more than 1 percent of amounts made available 
        for a fiscal year to carry out section 5309 to make 
        contracts for the following activities:
                  (A) To oversee the construction of a major 
                project.
                  (B) To review and audit the safety and 
                security, procurement, management, and 
                financial compliance of a recipient or 
                subrecipient of funds under sections 5307, 
                5309, and 5311.
                  (C) To provide technical assistance to 
                correct deficiencies identified in compliance 
                reviews and audits carried out under this 
                section.
          (2) Limitations on applicability.--Subsections (a), 
        (b), and (e) do not apply to contracts under this 
        section for activities described in paragraphs (1)(B) 
        and (1)(C).
          (3) Government's share of costs.--The Government 
        shall pay the entire cost of carrying out a contract 
        under this subsection.

           *       *       *       *       *       *       *

Sec. 5328. Project review

  (a) Schedule.--(1) * * *
  (2) After the draft is circulated and not later than 30 days 
after the applicant selects a locally preferred alternative, 
the Secretary shall allow the project to advance to the 
preliminary engineering stage if the Secretary finds the 
project is consistent with section [5309(e)] 5309(c).

           *       *       *       *       *       *       *

  (4) The Secretary shall make a full funding grant agreement 
under section 5309 of this title for a project not later than 
120 days after the project enters the final design stage of 
construction. The agreement shall provide for a United States 
Government share of the construction cost at least equal to the 
Government share estimated in the Secretary's most recent 
report required [under section 5309(o)(1)] under section 
5309(i)(1) of this title or an update of the report unless the 
applicant requests otherwise.

           *       *       *       *       *       *       *

[Sec. 5329. Investigation of safety hazards

  [(a) General.--The Secretary of Transportation may 
investigate a condition in equipment, a facility, or an 
operation financed under this chapter that the Secretary 
believes causes a serious hazard of death or injury to 
establish the nature and extent of the condition and how to 
eliminate or correct it. If the Secretary establishes that a 
condition causes a hazard, the Secretary shall require the 
local governmental authority receiving amounts under this 
chapter to submit a plan for correcting it. The Secretary may 
withhold further financial assistance under this chapter until 
a plan is approved and carried out.
  [(b) Report.--Not later than June 15, 1992, the Secretary 
shall submit to Congress a report containing--
          [(1) a description of actions taken to identify and 
        investigate conditions in a facility, equipment, or way 
        of operating as part of the findings and decisions 
        required of the Secretary in providing a grant or loan 
        under this chapter;
          [(2) a description of actions of the Secretary to 
        correct or eliminate, as a requirement for making an 
        amount available through a grant or loan under this 
        chapter, a condition found to create a serious hazard 
        of death or injury;
          [(3) a summary of all passenger-related deaths and 
        injuries resulting from an unsafe condition in a 
        facility, equipment, or way of operating a facility or 
        equipment at least partly financed under this chapter;
          [(4) a summary of all employee-related deaths and 
        injuries resulting from an unsafe condition in a 
        facility, equipment, or way of operating a facility or 
        equipment at least partly financed under this chapter;
          [(5) a summary of action of the Secretary to correct 
        or eliminate the unsafe condition to which the deaths 
        and injuries referred to in clauses (3) and (4) of this 
        subsection were attributed;
          [(6) a summary of actions of the Secretary to alert 
        mass transportation operators of the nature of the 
        unsafe condition found to create a serious hazard of 
        death or injury; and
          [(7) recommendations of the Secretary to Congress of 
        any legislative or administrative actions necessary to 
        ensure that all recipients of amounts under this 
        chapter will undertake the best way available to 
        correct or eliminate hazards of death or injury, 
        including--
                  [(A) a timetable for undertaking actions;
                  [(B) an estimate of the capital and operating 
                cost to take the actions; and
                  [(C) minimum standards for establishing and 
                carrying out safety plans by recipients of 
                amounts under this chapter.]

Sec. 5329. Investigation of safety and hazards

  (a) In General.--The Secretary may investigate safety and 
security risks associated with a condition in equipment, a 
facility, or an operation financed under this chapter that the 
Secretary believes causes a serious hazard of death or injury 
to establish the nature and extent of the condition and how to 
eliminate, mitigate, or correct it.
  (b) Plans for Eliminating, Mitigating, or Correcting 
Hazards.--If the Secretary establishes that a condition causes 
a hazard, the Secretary shall require the local governmental 
authority receiving amounts under this chapter to submit a plan 
for eliminating, mitigating, or correcting it.
  (c) Withholding Financial Assistance.--Financial assistance 
under this chapter, in an amount to be determined by the 
Secretary, may be withheld until a plan is approved and carried 
out.

[Sec. 5330. Withholding amounts for noncompliance with safety 
                    requirements

  [(a) Application.--This section applies only to States that 
have rail fixed guideway mass transportation systems not 
subject to regulation by the Federal Railroad Administration.]

Sec. 5330. State safety oversight

  (a) Application.--This section applies only to--
          (1) States that have rail fixed guideway public 
        transportation systems not subject to regulation by the 
        Federal Railroad Administration; and
          (2) States that are designing rail fixed guideway 
        public transportation systems that will not be subject 
        to regulation by the Federal Railroad Administration.

           *       *       *       *       *       *       *

  (c) State Requirements.--A State meets the requirements of 
this section if the State--
          (1) establishes and is carrying out a safety program 
        plan for each fixed guideway [mass] public 
        transportation system in the State that establishes at 
        least safety requirements, lines of authority, levels 
        of responsibility and accountability, and methods of 
        documentation for the system; and

           *       *       *       *       *       *       *

  (d) Multistate Involvement.--When more than one State is 
subject to this section in connection with a single [mass] 
public transportation authority, the affected States shall 
ensure uniform safety standards and enforcement and may 
designate an entity (except the [mass] public transportation 
authority) to ensure uniform safety standards and enforcement 
and to meet the requirements of subsection (c) of this section.

           *       *       *       *       *       *       *

  [(f) Regulations.--Not later than December 18, 1992, the 
Secretary shall prescribe regulations stating the requirements 
for complying with subsection (c) of this section.]

Sec. 5331. Alcohol and controlled substances testing

  (a) Definitions.--In this section--
          (1) * * *

           *       *       *       *       *       *       *

          (3) ``[mass] public transportation'' means any form 
        of [mass] public transportation, except a form the 
        Secretary decides is covered adequately, for employee 
        alcohol and controlled substances testing purposes, 
        under section 20140 or 31306 of this title[.] or 
        section 2303a, 7101(i), or 7302(e) of title 46. The 
        Secretary may also decide that a form of public 
        transportation is covered adequately, for employee 
        alcohol and controlled substances testing purposes, 
        under the alcohol and controlled substance statutes or 
        regulations of an agency within the Department of 
        Transportation or the Coast Guard.
  (b) Testing Program for [Mass] Public Transportation 
Employees.--(1)(A) In the interest of [mass] public 
transportation safety, the Secretary shall prescribe 
regulations that establish a program requiring [mass] public 
transportation operations that receive financial assistance 
under section 5307, 5309, or 5311 of this title [or section 
103(e)(4) of title 23] to conduct preemployment, reasonable 
suspicion, random, and post-accident testing of [mass] public 
transportation employees responsible for safety-sensitive 
functions (as decided by the Secretary) for the use of a 
controlled substance in violation of law or a United States 
Government regulation, and to conduct reasonable suspicion, 
random, and post-accident testing of such employees for the use 
of alcohol in violation of law or a United States Government 
regulation. The regulations shall permit such operations to 
conduct preemployment testing of such employees for the use of 
alcohol.
  (B) When the Secretary of Transportation considers it 
appropriate in the interest of safety, the Secretary may 
prescribe regulations for conducting periodic recurring testing 
of [mass] public transportation employees responsible for 
safety-sensitive functions (as decided by the Secretary) for 
the use of alcohol or a controlled substance in violation of 
law or a Government regulation.
  (2) In prescribing regulations under this subsection, the 
Secretary of Transportation--
          (A) shall require that post-accident testing of such 
        a [mass] public transportation employee be conducted 
        when loss of human life occurs in an accident involving 
        [mass] public transportation; and
          (B) may require that post-accident testing of such a 
        [mass] public transportation employee be conducted when 
        bodily injury or significant property damage occurs in 
        any other serious accident involving [mass] public 
        transportation.
  (c) Disqualifications for Use.--(1) * * *
  (2) This section does not supersede any penalty applicable to 
a [mass] public transportation employee under another law.

           *       *       *       *       *       *       *

  (e) Rehabilitation.--The Secretary of Transportation shall 
prescribe regulations establishing requirements for 
rehabilitation programs that provide for the identification and 
opportunity for treatment of any [mass] public transportation 
employee referred to in subsection (b)(1) of this section who 
is found to have used alcohol or a controlled substance in 
violation of law or a Government regulation. The Secretary 
shall decide on the circumstances under which employees shall 
be required to participate in a program. This subsection does 
not prevent a [mass] public transportation operation from 
establishing a program under this section in cooperation with 
another [mass] public transportation operation.
  (f) Relationship to Other Laws, Regulations, Standards, and 
Orders.--(1) * * *

           *       *       *       *       *       *       *

  [(3) This section does not prevent the Secretary of 
Transportation from continuing in effect, amending, or further 
supplementing a regulation prescribed before October 28, 1991, 
governing the use of alcohol or a controlled substance by mass 
transportation employees.]
  (g) Ineligibility for Assistance.--A person is not eligible 
for financial assistance under section 5307, 5309, or 5311 of 
this title [or section 103(e)(4) of title 23] if the person is 
required, under regulations the Secretary of Transportation 
prescribes under this section, to establish a program of 
alcohol and controlled substances testing and does not 
establish the program.

           *       *       *       *       *       *       *

Sec. 5333. Labor standards

  (a) * * *
  (b) Employee Protective Arrangements.--(1) As a condition of 
financial assistance under sections 5307-5312, [5318(d), 
5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)] 5316, 
5317, 5318, 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, 
5338(b), 5338(g), and 5338(h) of this title, the interests of 
employees affected by the assistance shall be protected under 
arrangements the Secretary of Labor concludes are fair and 
equitable. The agreement granting the assistance under sections 
5307-5312, [5318(d), 5323(a)(1), (b), (d), and (e), 5328, 5337, 
and 5338(b)] 5316, 5317, 5318, 5320, 5323(a)(1), 5323(b), 
5323(d), 5328, 5337, 5338(b), 5338(g), and 5338(h) shall 
specify the arrangements.
  (2) Arrangements under this subsection shall include 
provisions that may be necessary for--
          (A) * * *

           *       *       *       *       *       *       *

          (D) assurances of employment to employees of acquired 
        [mass] public transportation systems;

           *       *       *       *       *       *       *

Sec. 5334. Administrative provisions

  (a) General Authority.--In carrying out this chapter, the 
Secretary of Transportation may--
          (1) * * *

           *       *       *       *       *       *       *

          (9) include in an agreement or instrument under this 
        chapter a covenant or term the Secretary of 
        Transportation considers necessary to carry out this 
        chapter; [and]
          (10) collect fees to cover the costs of training or 
        conferences, including costs of promotional materials, 
        sponsored by the Federal Transit Administration to 
        promote [mass] public transportation and credit amounts 
        collected to the appropriation concerned[.]; and
          (11) issue regulations as necessary to carry out the 
        purposes of this chapter.
  (b) Prohibitions Against Regulating Operations and Charges.--
          (1) In general.--Except for purposes of national 
        defense or in the event of a national or regional 
        emergency, the Secretary may not regulate the 
        operation, routes, or schedules of a public 
        transportation system for which a grant is made under 
        this chapter, nor may the Secretary regulate the rates, 
        fares, tolls, rentals, or other charges prescribed by 
        any provider of public transportation.
          (2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to prevent the 
        Secretary from requiring a recipient of funds under 
        this chapter to comply with the terms and conditions of 
        its Federal assistance agreement.
  [(b)] (c) Procedures for Prescribing Regulations.--(1) * * *

           *       *       *       *       *       *       *

  (4) The Secretary of Transportation shall comply with this 
section (except [subsections (h) and (i)] subsection (i)) and 
sections 5323(a)(2), [5323(c), 5323(e), 5324(c),] 5325(a), 
5325(b), 5326(c), and 5326(d) when proposing or carrying out a 
regulation governing an activity under this chapter, except for 
a routine matter or a matter with no significant impact.
          (5) Nonregulatory substantive policy statements.--The 
        Secretary shall provide notice and an opportunity for 
        public comment at least 60 days before issuing any 
        nonregulatory substantive policy statements (regardless 
        of the form of issuance), including guidance, policy 
        statements, and regulatory interpretations.
  [(c)] (d) Budget Program and Set of Accounts.--The Secretary 
of Transportation shall--
          (1) * * *

           *       *       *       *       *       *       *

  [(d)] (e) Depository and Availability of Amounts.--The 
Secretary of Transportation shall deposit amounts made 
available to the Secretary under this chapter in a checking 
account in the Treasury. Receipts, assets, and amounts obtained 
or held by the Secretary to carry out this chapter are 
available for administrative expenses to carry out this 
chapter.
  [(e)] (f) Binding Effect of Financial Transaction.--A 
financial transaction of the Secretary of Transportation under 
this chapter and a related voucher are binding on all officers 
and employees of the United States Government.
  [(f)] (g) Dealing With Acquired Property.--Notwithstanding 
another law related to the Government acquiring, using, or 
disposing of real property, the Secretary of Transportation may 
deal with property acquired under subsection (a)(3) or (4) of 
this section in any way. However, this subsection does not--
          (1) * * *

           *       *       *       *       *       *       *

  [(g)] (h) Transfer of Assets No Longer Needed.--(1) If a 
recipient of assistance under this chapter decides an asset 
acquired under this chapter at least in part with that 
assistance is no longer needed for the purpose for which it was 
acquired, the Secretary of Transportation may authorize the 
recipient to transfer the asset to a local governmental 
authority to be used for a public purpose with no further 
obligation to the Government. The Secretary may authorize a 
transfer for a public purpose other than [mass] public 
transportation only if the Secretary decides--
          (A) * * *

           *       *       *       *       *       *       *

          (4) Proceeds from the sale of transit assets.--
                  (A) In general.--When real property, 
                equipment, or supplies acquired with assistance 
                under this chapter are no longer needed for 
                [mass] public transportation purposes as 
                determined under the applicable assistance 
                agreement, the Secretary may authorize the 
                sale, transfer, or lease of the assets under 
                conditions determined by the Secretary and 
                subject to the requirements of this subsection.

           *       *       *       *       *       *       *

  [(h)] (i) Transfer of Amounts and Non-Government Share.--(1) 
Amounts made available for a [mass] public transportation 
project under title 23 shall be transferred to and administered 
by the Secretary of Transportation under this chapter. Amounts 
made available for a highway project under this chapter shall 
be transferred to and administered by the Secretary under title 
23.
  (2) The provisions of title 23 related to the non-Government 
share apply to amounts under title 23 used for [mass] public 
transportation projects. The provisions of this chapter related 
to the non-Government share apply to amounts under this chapter 
used for highway projects.
  [(i) Authority of Secretary of Housing and Urban 
Development.--The Secretary of Housing and Urban Development 
shall--
          [(1) carry out section 5312(a) and (b)(1) of this 
        title related to--
                  [(A) urban transportation systems and planned 
                development of urban areas; and
                  [(B) the role of transportation planning in 
                overall urban planning; and
          [(2) advise and assist the Secretary of 
        Transportation in making findings under section 
        5323(a)(1)(A) of this title.]

           *       *       *       *       *       *       *

[Sec. 5335. Reports and audits]

Sec. 5335. National transit database

  (a) National Transit Database.--[(1) To help] To help meet 
the needs of individual [mass] public transportation systems, 
the United States Government, State and local governments, and 
the public for information on which to base [mass] public 
transportation service planning, the Secretary of 
Transportation shall maintain a reporting system, using uniform 
categories to accumulate [mass] public transportation financial 
and operating information and using a uniform system of 
accounts. The reporting and uniform systems shall contain 
appropriate information to help any level of government make a 
public sector investment decision. The Secretary may request 
and receive appropriate information from any source.
  [(2) The Secretary] (b) Reporting and Uniform Systems.--The 
Secretary may make a grant under section 5307 of this title 
only if the applicant, and any person that will receive 
benefits directly from the grant, are subject to the reporting 
and uniform systems.
  [(b) Biennial Transferability Report.--In January 1993, the 
Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of 
Representatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate a report on carrying out section 
5307(b)(5) of this title. The report shall--
          [(1) identify, by State, the amount of mass 
        transportation money transferred for non-mass 
        transportation purposes under section 5307(b)(5) of 
        this title during the prior fiscal year;
          [(2) include an assessment of the impact of the 
        transfers on the mass transportation needs of 
        individuals and communities in the State, including the 
        impact on--
                  [(A) the State's ability to meet the mass 
                transportation needs of elderly individuals and 
                individuals with disabilities;
                  [(B) efforts to meet the objectives of the 
                Clean Air Act (42 U.S.C. 7401 et seq.) and the 
                Americans with Disabilities Act of 1990 (42 
                U.S.C. 12101 et seq.); and
                  [(C) the State's efforts to extend public 
                mass transportation services to unserved rural 
                areas; and
          [(3) examine the relative levels of Government mass 
        transportation assistance and services in urban and 
        rural areas in the fiscal year that ended September 30, 
        1991, and the extent to which the assistance and 
        service has changed in later fiscal years because of 
        mass transportation resources made available under this 
        chapter and the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240, 105 Stat. 
        1914).]

Sec. 5336. Apportionment of appropriations for formula grants

  (a) Based on Urbanized Area Population.--Of the amount made 
available or appropriated under section 5338(a) [of this title] 
to carry out section 5307--
          (1) * * *
          (2) 90.68 percent shall be apportioned each fiscal 
        year only in urbanized areas with populations of at 
        least 200,000 as provided in subsections (b) and (c) of 
        this section, except that the amount apportioned to the 
        Anchorage urbanized area under subsection (b) shall be 
        available to the Alaska Railroad for any costs related 
        to its passenger operations.
  (b) Based on Fixed Guideway Revenue Vehicle-Miles, Route-
Miles, and Passenger-Miles.--(1) In this subsection, ``fixed 
guideway revenue vehicle-miles'' and ``fixed guideway route-
miles'' include ferry boat operations directly or under 
contract by the designated recipient and the Alaska Railroad 
passenger operations.

           *       *       *       *       *       *       *

  (g) Transfers of Apportionments.--(1) The chief executive 
officer of a State may transfer any part of the State's 
apportionment under subsection (a)(1) of this section to 
supplement amounts apportioned to the State under section 
5311(c) of this title or amounts apportioned to urbanized areas 
under this subsection. The chief executive officer may make a 
transfer only after consulting with responsible local officials 
and publicly owned operators of [mass] public transportation in 
each area for which the amount originally was apportioned under 
this section.

           *       *       *       *       *       *       *

  (j) Application of Other Sections.--Sections 5302, 5318, 
5323(a)(1), (d), and (f), 5332, and 5333 of this title apply to 
this section and to [a grant made under] a grant made with 
funds apportioned under this section. Except as provided in 
this section, no other provision of this chapter applies to 
this section or to [a grant made under] a grant made with funds 
apportioned under this section.
  (k) Certain Urbanized Areas Grandfathered.--An area 
designated an urbanized area under the 1980 census and not 
designated an urbanized area under the 1990 census for the 
fiscal year ending September 30, 1993, is eligible to receive--
          (1) 50 percent of the amount the area would have 
        received if the area had been an urbanized area as 
        defined by [section 5302(a)(13) of this title] section 
        5302(a); and

           *       *       *       *       *       *       *

[Sec. 5337. Apportionment of appropriations for fixed guideway 
                    modernization

  [(a) Distribution.--The Secretary shall apportion amounts 
made available for fixed guideway modernization under section 
5309 for each of fiscal years 1998 through 2003 as follows:]

Sec. 5337. Apportionment based on fixed guideway factors

  (a) Distribution.--The Secretary shall apportion amounts made 
available for fixed guideway modernization under sections 
5338(b) and 5338(g) as follows:
          (1) * * *
          (2) The next $70,000,000 shall be apportioned as 
        follows:
                  (A) * * *
                  (B) 50 percent in other urbanized areas 
                eligible for assistance under section 
                5336(b)(2)(A) to which amounts were apportioned 
                under this section for fiscal year 1997, as 
                provided in section 5336(b)(2)(A) and 
                subsection [(e)(1)] (e) of this section.
          (3) The next $5,700,000 shall be apportioned in the 
        following urbanized areas as follows:
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) 21.72 percent in urbanized areas to which 
                paragraph (2)(B) applies, as provided in 
                section 5336(b)(2)(A) and subsection [(e)(1)] 
                (e) of this section.
          (4) The next $186,600,000 shall be apportioned in 
        each urbanized area to which paragraph (1) applies and 
        in each urbanized area to which paragraph (2)(B) 
        applies, as provided in section 5336(b)(2)(A) and 
        subsection [(e)(1)] (e) of this section.
          (5) The next $70,000,000 shall be apportioned as 
        follows:
                  (A) 65 percent in the urbanized areas listed 
                in paragraph (1), as provided in section 
                5336(b)(2)(A) and subsection [(e)(2)] (e) of 
                this section.
                  (B) 35 percent to other urbanized areas 
                eligible for assistance under section 
                5336(b)(2)(A) if the areas contain fixed 
                guideway systems placed in revenue service at 
                least 7 years before the fiscal year in which 
                amounts are made available and in any urbanized 
                area if, before the first day of the fiscal 
                year, the area satisfies the Secretary that the 
                area has modernization needs that cannot 
                adequately be met with amounts received under 
                section 5336(b)(2)(A), as provided in section 
                5336(b)(2)(A) and subsection [(e)(2)] (e) of 
                this section.
          (6) The next $50,000,000 shall be apportioned as 
        follows:
                  (A) 60 percent in the urbanized areas listed 
                in paragraph (1), as provided in section 
                5336(b)(2)(A) and subsection [(e)(2)] (e) of 
                this section.
                  (B) 40 percent to urbanized areas to which 
                paragraph (5)(B) applies, as provided in 
                section 5336(b)(2)(A) and subsection [(e)(2)] 
                (e) of this section.
          (7) Remaining amounts shall be apportioned as 
        follows:
                  (A) 50 percent in the urbanized areas listed 
                in paragraph (1), as provided in section 
                5336(b)(2)(A) and subsection [(e)(2)] (e) of 
                this section.
                  (B) 50 percent to urbanized areas to which 
                paragraph (5)(B) applies, as provided in 
                section 5336(b)(2)(A) and subsection [(e)(2)] 
                (e) of this section.

           *       *       *       *       *       *       *

  (e) Route Segments To Be Included in Apportionment 
Formulas.--
          [(1) 1997 standard.--Amounts apportioned under 
        paragraphs (2)(B), (3), and (4) of subsection (a) shall 
        have attributable to each urbanized area only the 
        number of fixed guideway revenue miles of service and 
        number of fixed guideway route miles for segments of 
        fixed guideway systems used to determine apportionments 
        for fiscal year 1997.
          [(2) Other standards.--] Amounts apportioned under 
        paragraphs (5) through (7) of subsection (a) shall have 
        attributable to each urbanized area only the number of 
        fixed guideway revenue miles of service and number of 
        fixed guideway route-miles for segments of fixed 
        guideway systems placed in revenue service at least 7 
        years before the fiscal year in which amounts are made 
        available.

[Sec. 5338. Authorizations

  [(a) Formula Grants.--
          [(1) Fiscal year 1998.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5307, 
                5310, and 5311, $2,260,000,000 for fiscal year 
                1998.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out sections 5307, 5310, and 5311, 
                $240,000,000 for fiscal year 1998.
                  [(C) Allocation of funds.--Of the aggregate 
                of amounts made available by and appropriated 
                under this paragraph for a fiscal year--
                          [(i) $4,849,950 shall be available to 
                        the Alaska Railroad for improvements to 
                        its passenger operations under section 
                        5307;
                          [(ii) $62,219,389 shall be available 
                        to provide transportation services to 
                        elderly individuals and individuals 
                        with disabilities under section 5310;
                          [(iii) $134,077,934 shall be 
                        available to provide financial 
                        assistance for other than urbanized 
                        areas under section 5311; and
                          [(iv) $2,298,852,727 shall be 
                        available to provide financial 
                        assistance for urbanized areas under 
                        section 5307.
          [(2) Fiscal years 1999 through 2004 and for the 
        period of October 1, 2004, through May 31, 2005.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5307, 
                5308, 5310, and 5311--
                          [(i) $2,280,000,000 for fiscal year 
                        1999;
                          [(ii) $2,478,400,000 for fiscal year 
                        2000;
                          [(iii) $2,676,000,000 for fiscal year 
                        2001;
                          [(iv) $2,873,600,000 for fiscal year 
                        2002;
                          [(v) $3,071,200,000 for fiscal year 
                        2003;
                          [(vi) $3,071,200,000 for fiscal year 
                        2004; and
                          [(vii) $2,201,760,000 for the period 
                        of October 1, 2004, through May 31, 
                        2005.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out sections 5307, 5308, 5310, and 5311--
                          [(i) $570,000,000 for fiscal year 
                        1999;
                          [(ii) $619,600,000 for fiscal year 
                        2000;
                          [(iii) $669,000,000 for fiscal year 
                        2001;
                          [(iv) $718,400,000 for fiscal year 
                        2002;
                          [(v) $767,800,000 for fiscal year 
                        2003;
                          [(vi) $767,800,000 for fiscal year 
                        2004; and
                          [(vii) $550,440,000 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(C) Allocation of funds.--Of the aggregate 
                of amounts made available by and appropriated 
                under this paragraph for each of fiscal years 
                1999 through 2005 (other than for the period of 
                October 1, 2004, through May 31, 2005)--
                          [(i) $4,849,950 shall be available to 
                        the Alaska Railroad for improvements to 
                        its passenger operations under section 
                        5307;
                          [(ii) $50,000,000 shall be available 
                        to carry out section 5308; and
                          [(iii) of the remaining amount--
                                  [(I) 2.4 percent shall be 
                                available to provide 
                                transportation services to 
                                elderly individuals and 
                                individuals with disabilities 
                                under section 5310;
                                  [(II) 6.37 percent shall be 
                                available to provide financial 
                                assistance for other than 
                                urbanized areas under section 
                                5311; and
                                  [(III) 91.23 percent shall be 
                                available to provide financial 
                                assistance for urbanized areas 
                                under section 5307.
  [(b) Capital Program Grants and Loans.--
          [(1) Fiscal year 1998.--There shall be available from 
        the Mass Transit Account of the Highway Trust Fund to 
        carry out section 5309, $2,000,000,000 for fiscal year 
        1998.
          [(2) Fiscal years 1999 through 2004 and for the 
        period of October 1, 2004, through May 31, 2005.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out section 5309--
                          [(i) $1,805,600,000 for fiscal year 
                        1999;
                          [(ii) $1,960,800,000 for fiscal year 
                        2000;
                          [(iii) $2,116,800,000 for fiscal year 
                        2001;
                          [(iv) $2,272,800,000 for fiscal year 
                        2002;
                          [(v) $2,428,800,000 for fiscal year 
                        2003;
                          [(vi) $2,510,000,000 for fiscal year 
                        2004; and
                          [(vii) $1,740,960,000 for the period 
                        of October 1, 2004, through May 31, 
                        2005.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out section 5309--
                          [(i) $451,400,000 for fiscal year 
                        1999;
                          [(ii) $490,200,000 for fiscal year 
                        2000;
                          [(iii) $529,200,000 for fiscal year 
                        2001;
                          [(iv) $568,200,000 for fiscal year 
                        2002;
                          [(v) $607,200,000 for fiscal year 
                        2003;
                          [(vi) $627,500,000 for fiscal year 
                        2004; and
                          [(vii) $435,240,000 for the period of 
                        October 1, 2004, through May 31, 2005.
  [(c) Planning.--
          [(1) Fiscal year 1998.--There are authorized to be 
        appropriated to carry out sections 5303, 5304, 5305, 
        and 5313(b), $47,750,000 for fiscal year 1998.
          [(2) Fiscal years 1999 through 2004 and for the 
        period of October 1, 2004, through May 31, 2005.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5303, 
                5304, 5305, and 5313(b)--
                          [(i) $42,200,000 for fiscal year 
                        1999;
                          [(ii) $48,400,000 for fiscal year 
                        2000;
                          [(iii) $50,200,000 for fiscal year 
                        2001;
                          [(iv) $53,800,000 for fiscal year 
                        2002;
                          [(v) $58,600,000 for fiscal year 
                        2003;
                          [(vi) $58,600,000 for fiscal year 
                        2004; and
                          [(vii) $41,813,334 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out sections 5303, 5304, 5305, and 
                5313(b)--
                          [(i) $10,800,000 for fiscal year 
                        1999;
                          [(ii) $11,600,000 for fiscal year 
                        2000;
                          [(iii) $12,800,000 for fiscal year 
                        2001;
                          [(iv) $13,200,000 for fiscal year 
                        2002;
                          [(v) $14,400,000 for fiscal year 
                        2003;
                          [(vi) $14,400,000 for fiscal year 
                        2004; and
                          [(vii) $10,453,333 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(C) Allocation of funds.--Of the funds made 
                available by or appropriated under this 
                paragraph for a fiscal year or any portion of a 
                fiscal year--
                          [(i) 82.72 percent shall be available 
                        for metropolitan planning under 
                        sections 5303, 5304, and 5305; and
                          [(ii) 17.28 percent shall be 
                        available for State planning under 
                        section 5313(b).
  [(d) Research.--
          [(1) Fiscal year 1998.--There are authorized to be 
        appropriated to carry out sections 5311(b)(2), 5312, 
        5313(a), 5314, 5315, and 5322, $44,250,000 for fiscal 
        year 1998.
          [(2) Fiscal years 1999 through 2004 and for the 
        period of October 1, 2004, through May 31, 2005.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 
                5311(b)(2), 5312, 5313(a), 5314, 5315, and 
                5322--
                          [(i) $36,000,000 for fiscal year 
                        1999;
                          [(ii) $37,600,000 for fiscal year 
                        2000;
                          [(iii) $37,600,000 for fiscal year 
                        2001;
                          [(iv) $39,200,000 for fiscal year 
                        2002;
                          [(v) $39,200,000 for fiscal year 
                        2003;
                          [(vi) $42,200,000 for fiscal year 
                        2004; and
                          [(vii) $28,266,667 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out sections 5311(b)(2), 5312, 5313(a), 
                5314, 5315, and 5322--
                          [(i) $9,000,000 for fiscal year 1999;
                          [(ii) $9,400,000 for fiscal year 
                        2000;
                          [(iii) $9,400,000 for fiscal year 
                        2001;
                          [(iv) $9,800,000 for fiscal year 
                        2002;
                          [(v) $9,800,000 for fiscal year 2003;
                          [(vi) $10,800,000 for fiscal year 
                        2004; and
                          [(vii) $7,066,667 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(C) Allocation of funds.--Of the funds made 
                available by or appropriated under this 
                paragraph for a fiscal year (other than for the 
                period of October 1, 2004, through May 31, 
                2005)--
                          [(i) not less than $5,250,000 shall 
                        be available for providing rural 
                        transportation assistance under section 
                        5311(b)(2);
                          [(ii) not less than $8,250,000 shall 
                        be available for carrying out transit 
                        cooperative research programs under 
                        section 5313(a);
                          [(iii) not less than $4,000,000 shall 
                        be available to carry out programs 
                        under the National Transit Institute 
                        under section 5315, including not more 
                        than $1,000,000 shall be available to 
                        carry out section 5315(a)(16); and
                          [(iv) the remainder shall be 
                        available for carrying out national 
                        planning and research programs under 
                        sections 5311(b)(2), 5312, 5313(a), 
                        5314, and 5322.
  [(e) University Transportation Research.--
          [(1) Fiscal year 1998.--Subject to paragraph (2)(C), 
        there are authorized to be appropriated to carry out 
        section 5505 $6,000,000 for fiscal year 1998.
          [(2) Fiscal years 1999 through 2004 and for the 
        period of October 1, 2004, through May 31, 2005.--
                  [(A) From the trust fund.--Subject to 
                subparagraph (C), there shall be available from 
                the Mass Transit Account of the Highway Trust 
                Fund to carry out section 5505, $4,800,000 for 
                each of fiscal years 1999 through 2004 and 
                $3,200,000 for the period of October 1, 2004, 
                hrough May 31, 2005.
                  [(B) From the general fund.--Subject to 
                subparagraph (C), in addition to amounts made 
                available under subparagraph (A), there are 
                authorized to be appropriated to carry out 
                section 5505, $1,200,000 for each of fiscal 
                years 1999 through 2004 and $800,000 for the 
                period of October 1, 2004, through May 31, 
                2005.
                  [(C) Funding of centers.--
                          [(i) Of the amounts made available 
                        under subparagraph (A) and paragraph 
                        (1) for each fiscal year (other than 
                        for the period of October 1, 2004, 
                        through May 31, 2005)--
                                  [(I) $2,000,000 shall be 
                                available for the center 
                                identified in section 
                                5505(j)(4)(A); and
                                  [(II) $2,000,000 shall be 
                                available for the center 
                                identified in section 
                                5505(j)(4)(F).
                          [(ii) For each of fiscal years 1998 
                        through 2001, of the amounts made 
                        available under this paragraph and 
                        paragraph (1)--
                                  [(I) $400,000 shall be 
                                available from amounts made 
                                available under subparagraph 
                                (A) of this paragraph and under 
                                paragraph (1) for each of the 
                                centers identified in 
                                subparagraphs (E) and (F) of 
                                section 5505(j)(3); and
                                  [(II) $350,000 shall be 
                                available from amounts made 
                                available under subparagraph 
                                (B) of this paragraph and under 
                                paragraph (1) for each of the 
                                centers identified in 
                                subparagraphs (E) and (F) of 
                                section 5505(j)(3).
                          [(iii) Any amounts made available 
                        under this paragraph or paragraph (1) 
                        for any fiscal year (other than for the 
                        period of October 1, 2004, through May 
                        31, 2005) that remain after 
                        distribution under clauses (i) and 
                        (ii), shall be available for the 
                        purposes identified in section 3015(d) 
                        of the Federal Transit Act of 1998.
          [(3) Special rule.--Nothing in this subsection shall 
        be construed to limit the transportation research 
        conducted by the centers funded by this section.
  [(f) Administration.--
          [(1) Fiscal year 1998.--There are authorized to be 
        appropriated to carry out section 5334, $45,738,000 for 
        fiscal year 1998.
          [(2) Fiscal years 1999 through 2004 and for the 
        period of October 1, 2004, through May 31, 2005.--
                  [(A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out section 5334--
                          [(i) $43,200,000 for fiscal year 
                        1999;
                          [(ii) $48,000,000 for fiscal year 
                        2000;
                          [(iii) $51,200,000 for fiscal year 
                        2001;
                          [(iv) $53,600,000 for fiscal year 
                        2002;
                          [(v) $58,400,000 for fiscal year 
                        2003;
                          [(vi) $60,400,000 for fiscal year 
                        2004; and
                          [(vii) $41,600,000 for the period of 
                        October 1, 2004, through May 31, 2005.
                  [(B) From the general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out section 5334--
                          [(i) $10,800,000 for fiscal year 
                        1999;
                          [(ii) $12,000,000 for fiscal year 
                        2000;
                          [(iii) $12,800,000 for fiscal year 
                        2001;
                          [(iv) $13,400,000 for fiscal year 
                        2002;
                          [(v) $14,600,000 for fiscal year 
                        2003;
                          [(vi) $15,100,000 for fiscal year 
                        2004; and
                          [(vii) $10,400,000 for the period of 
                        October 1, 2004, through May 31, 2005.
  [(g) Grants as Contractual Obligations.--
          [(1) Grants financed from the highway trust fund.--A 
        grant or contract approved by the Secretary, that is 
        financed with amounts made available under subsection 
        (a)(1)(A), (a)(2)(A), (b)(1), (b)(2)(A), (c)(2)(A), 
        (d)(2)(A), (e)(2)(A), or (f)(2)(A) is a contractual 
        obligation of the United States Government to pay the 
        Government's share of the cost of the project.
          [(2) Grants financed from general funds.--A grant or 
        contract, approved by the Secretary, that is financed 
        with amounts made available under subsection (a)(1)(B), 
        (a)(2)(B), (b)(2)(B), (c)(1), (c)(2)(B), (d)(1), 
        (d)(2)(B), (e)(1), (e)(2)(B), (f)(1), (f)(2)(B), or (h) 
        is a contractual obligation of the Government to pay 
        the Government's share of the cost of the project only 
        to the extent that amounts are provided in advance in 
        an appropriations Act.
  [(h) Additional Amounts.--In addition to amounts made 
available by or appropriated under subsections (a) through (f) 
under the Transportation Discretionary Spending Guarantee for 
the Mass Transit Category, there are authorized to be 
appropriated--
          [(1) to carry out sections 5303, 5304, 5305, and 
        5313(b)--
                  [(A) for fiscal year 1999, $32,000,000;
                  [(B) for fiscal year 2000, $33,000,000;
                  [(C) for fiscal year 2001, $34,000,000;
                  [(D) for fiscal year 2002, $35,000,000; and
                  [(E) for fiscal year 2003, $36,000,000;
          [(2) to carry out section 5307, $150,000,000 for each 
        of fiscal years 1999 through 2003;
          [(3) to carry out section 5308, $100,000,000 for each 
        of fiscal years 1999 through 2003;
          [(4) to carry out section 5309(m)(1)(A), $100,000,000 
        for each of fiscal years 1999 through 2003;
          [(5) to carry out section 5309(m)(1)(B)--
                  [(A) for fiscal year 1999 $400,000,000;
                  [(B) for fiscal year 2000 $410,000,000;
                  [(C) for fiscal year 2001 $420,000,000;
                  [(D) for fiscal year 2002 $430,000,000; and
                  [(E) for fiscal year 2003 $430,000,000;
          [(6) to carry out section 5309(m)(1)(C), $100,000,000 
        for each of fiscal years 1999 through 2003;
          [(7) to carry out sections 5311(b)(2), 5312, 5313(a), 
        5314, 5315, and 5322--
                  [(A) for fiscal year 1999, $31,000,000;
                  [(B) for fiscal year 2000, $31,000,000;
                  [(C) for fiscal year 2001, $33,000,000;
                  [(D) for fiscal year 2002, $33,000,000; and
                  [(E) for fiscal year 2003, $34,000,000; and
          [(8) to carry out section 5334--
                  [(A) for fiscal year 1999, $13,000,000;
                  [(B) for fiscal year 2000, $14,000,000;
                  [(C) for fiscal year 2001, $16,000,000;
                  [(D) for fiscal year 2002, $17,000,000; and
                  [(E) for fiscal year 2003, $18,000,000.
  [(i) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (a) through (e), and paragraphs 
(1) through (7) of subsection (h), shall remain available until 
expended.]

Sec. 5338. Authorizations

  (a) Formula Grants.--
          (1) Fiscal year 2004.--
                  (A) From trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5307, 
                5308, 5310, 5311, 5316, 5317, and 5318 of this 
                chapter, 1118(b) of the Transportation Equity 
                Act: A Legacy for Users (relating to the 
                nonmotorized transportation pilot program), and 
                section 3038 of the Transportation Equity Act 
                for the 21st Century (49 U.S.C. 5310 note; 112 
                Stat. 392-393) $3,132,304,000 for fiscal year 
                2004.
                  (B) From general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out sections 5307, 5308, 5310, 5311, 
                5316, and 5318 of this chapter, 1118(b) of the 
                Transportation Equity Act: A Legacy for Users 
                (relating to the nonmotorized transportation 
                pilot program), and section 3038 of the 
                Transportation Equity Act for the 21st Century 
                (49 U.S.C. 5310 note; 112 Stat. 392-393) 
                $783,076,000 for fiscal year 2004.
                  (C) Allocation of funds.--Of the aggregate of 
                amounts made available by and appropriated 
                under this paragraph for a fiscal year--
                          (i) $4,849,950 shall be available to 
                        the Alaska Railroad for improvements to 
                        its passenger operations under section 
                        5307;
                          (ii) $125,000,000 shall be available 
                        to provide job access and reverse 
                        commute formula grants under section 
                        5316;
                          (iii) $50,000,000 shall be available 
                        to provide clean fuels formula grants 
                        under section 5308;
                          (iv) $8,000,000 shall be available to 
                        provide over-the-road bus accessibility 
                        grants under section 3038 of the 
                        Transportation Equity Act for the 21st 
                        Century (49 U.S.C. 5310 note);
                          (v) $3,100,000 shall be available to 
                        carry out bus testing under section 
                        5318;
                          (vi) $93,110,751 shall be available 
                        to provide transportation services to 
                        elderly individuals and individuals 
                        with disabilities under section 5310;
                          (vii) $297,954,404 shall be available 
                        to provide financial assistance for 
                        other than urbanized areas under 
                        section 5311; and
                          (viii) $3,333,364,895 shall be 
                        available to provide financial 
                        assistance for urbanized areas under 
                        section 5307, subject to section 
                        3041(h) of the Federal Public 
                        Transportation Act of 2005.
          (2) Fiscal years 2005 through 2009.--
                  (A) From trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5307, 
                5308, 5310, 5311, 5316, 5317, 5318, and 5320 of 
                this chapter, section 3038 of the 
                Transportation Equity Act for the 21st Century 
                (49 U.S.C. 5310 note; 112 Stat. 392-393), and 
                section 1118(b) of the Transportation Equity 
                Act: A Legacy for Users (relating to the 
                nonmotorized transportation pilot program)--
                          (i) $4,133,500,000 for fiscal year 
                        2005;
                          (ii) $4,592,000,000 for fiscal year 
                        2006;
                          (iii) $4,898,000,000 for fiscal year 
                        2007;
                          (iv) $5,223,000,000 for fiscal year 
                        2008; and
                          (v) $5,570,000,000 for fiscal year 
                        2009.
                  (B) Allocation of funds for bus testing and 
                over-the-road bus accessibility.--Of the 
                aggregate of amounts made available by this 
                paragraph for a fiscal year--
                          (i) $3,100,000 shall be available to 
                        carry out section 5318; and
                          (ii) $8,000,000 shall be available to 
                        carry out section 3038 of the 
                        Transportation Equity Act for the 21st 
                        Century (49 U.S.C. 5310 note).
                  (C) Allocation of funds for clean fuels 
                formula grant program.--Of the aggregate of 
                amounts made available by this paragraph, 
                $75,000,000 for fiscal year 2005 and 
                $100,000,000 for each of fiscal years 2006, 
                2007, 2008, and 2009 shall be available to 
                carry out section 5308.
                  (D) Allocation of funds for job access and 
                reverse commute formula grant program.--Of the 
                aggregate of amounts made available by this 
                paragraph, $150,000,000 for fiscal year 2005, 
                $175,000,000 for fiscal year 2006, $200,000,000 
                for fiscal year 2007, $200,000,000 for fiscal 
                year 2008, and $200,000,000 for fiscal year 
                2009 shall be available to carry out section 
                5316.
                  (E) Allocation of funds for new freedom 
                program.--Of the aggregate of amounts made 
                available by this paragraph, $95,000,000 for 
                fiscal year 2005, $100,000,000 for fiscal year 
                2006, $105,000,000 for fiscal year 2007, 
                $115,000,000 for fiscal year 2008, and 
                $125,000,000 for fiscal year 2009 shall be 
                available to carry out section 5317.
                  (F) Allocation of funds for transit in the 
                parks pilot program.--Of the aggregate of 
                amounts made available by this paragraph, 
                $8,000,000 for fiscal year 2005, $16,000,000 
                for fiscal year 2006, $16,000,000 for fiscal 
                year 2007, $16,000,000 for fiscal year 2008, 
                and $16,000,000 for fiscal year 2009 shall be 
                available to carry out section 5320.
                  (G) Allocation of funds for nonmotorized 
                transportation pilot program.--Of the aggregate 
                of amounts made available by this paragraph, 
                $4,000,000 for fiscal year 2005, $4,000,000 for 
                fiscal year 2006, $4,000,000 for fiscal year 
                2007, $8,000,000 for fiscal year 2008, and 
                $8,000,000 for fiscal year 2009 shall be 
                available to carry out section 1118(b) of the 
                Transportation Equity Act: A Legacy for Users 
                (relating to the nonmotorized transportation 
                pilot program).
                  (H) Allocation of funds for the alaska 
                railroad.--Of the aggregate of amounts made 
                available by this paragraph, $10,000,000 for 
                fiscal year 2005, $11,000,000 for fiscal year 
                2006, $12,000,000 for fiscal year 2007, 
                $13,000,000 for fiscal year 2008, and 
                $14,000,000 for fiscal year 2009 shall be 
                available to the Alaska Railroad for 
                improvements to its passenger operations under 
                section 5307.
                  (I) Remainder.--Of the remainder of the 
                aggregate amounts made available by this 
                paragraph for a fiscal year after the 
                allocations under subparagraphs (B) through (H) 
                for such fiscal year--
                          (i) 2.5 percent shall be available to 
                        provide transportation services to 
                        elderly individuals and individuals 
                        with disabilities under section 5310;
                          (ii) 8.0 percent shall be available 
                        to provide financial assistance for 
                        other than urbanized areas under 
                        section 5311; and
                          (iii) 89.5 percent shall be available 
                        to provide financial assistance for 
                        urbanized areas under section 5307, 
                        subject to section 3041(h) of the 
                        Federal Public Transportation Act of 
                        2005.
  (b) Capital Program Grants in Fiscal Year 2004.--
          (1) From trust fund.--There shall be available from 
        the Mass Transit Account of the Highway Trust Fund to 
        carry out section 5309, $2,499,504,000 for fiscal year 
        2004.
          (2) From general fund.--In addition to amounts made 
        available by paragraph (1), there is authorized to be 
        appropriated to carry out section 5309, $624,876,200 
        for fiscal year 2004.
  (c) Planning.--
          (1) Fiscal year 2004.--
                  (A) From trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5303, 
                5304, and 5305, $72,660,000 for fiscal year 
                2004.
                  (B) From general fund.--In addition to 
                amounts made available by subparagraph (A), 
                there is authorized to be appropriated to carry 
                out sections 5303, 5304, and 5305, $18,165,000 
                for fiscal year 2004.
          (2) Fiscal years 2005 through 2009.--
                  (A) From the trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5303, 
                5304, and 5305--
                          (i) $96,875,000 for fiscal year 2005;
                          (ii) $103,325,000 for fiscal year 
                        2006;
                          (iii) $110,200,000 for fiscal year 
                        2007;
                          (iv) $117,537,500 for fiscal year 
                        2008; and
                          (v) $125,362,500 for fiscal year 
                        2009.
                  (B) Allocation of funds.--Of the funds made 
                available by this paragraph for a fiscal year--
                          (i) 82.72 percent shall be available 
                        for metropolitan planning under 
                        sections 5303, 5304, and 5305 (other 
                        than 5305(e)); and
                          (ii) 17.28 percent shall be available 
                        for State planning under section 
                        5305(e).
  (d) Research.--
          (1) Fiscal year 2004.--
                  (A) From trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 
                5311(b), 5312, 5313, 5314, 5315, 5322, and 
                5335, $41,888,000 for fiscal year 2004.
                  (B) From general fund.--In addition to 
                amounts made available by subparagraph (A), 
                there is authorized to be appropriated to carry 
                out sections 5311(b), 5312, 5313, 5314, 5315, 
                5322, and 5335, $10,472,000 for fiscal year 
                2004.
                  (C) Allocation of funds.--Of the funds made 
                available by or appropriated pursuant to this 
                paragraph for fiscal year 2004--
                          (i) not less than $4,500,000 shall be 
                        available to carry out programs under 
                        the National Transit Institute under 
                        section 5315;
                          (ii) not less than $3,500,000 shall 
                        be available to carry out section 5335;
                          (iii) not less than $3,500,000 shall 
                        be available to carry out section 
                        5314(a)(2); and
                          (iv) not less than $8,860,000 shall 
                        be available to carry out section 
                        5313(a).
          (2) Fiscal years 2005 through 2009.--
                  (A) From the general fund.--There is 
                authorized to be appropriated to carry out 
                sections 5312, 5313, 5314, 5315, 5322, and 
                5335--
                          (i) $54,500,000 for fiscal year 2005;
                          (ii) $57,000,000 for fiscal year 
                        2006;
                          (iii) $59,500,000 for fiscal year 
                        2007;
                          (iv) $62,000,000 for fiscal year 
                        2008; and
                          (v) $64,500,000 for fiscal year 2009.
                  (B) Allocation of funds.--Of the funds 
                appropriated pursuant to this paragraph for a 
                fiscal year--
                          (i) not less than $4,500,000 shall be 
                        available to carry out programs under 
                        the National Transit Institute under 
                        section 5315;
                          (ii) not less than $3,500,000 shall 
                        be available to carry out section 5335; 
                        and
                          (iii) not less than $3,500,000 shall 
                        be available to carry out section 
                        5314(a)(2).
                  (C) Transit cooperative research program.--Of 
                the funds appropriated pursuant to this 
                paragraph, $9,000,000 for fiscal year 2005, 
                $9,500,000 for fiscal year 2006, $10,000,000 
                for fiscal year 2007, $10,500,000 for fiscal 
                year 2008, and $11,000,000 for fiscal year 2009 
                shall be available to carry out section 
                5313(a).
                  (D) Remainder.--The remainder of the funds 
                appropriated pursuant to this paragraph for a 
                fiscal year after the allocations under 
                subparagraphs (A) and (B) for such fiscal year 
                shall be available to carry out national 
                research and technology programs under sections 
                5312, 5314, and 5322.
  (e) University Transportation Research.--
          (1) Fiscal year 2004.--
                  (A) From trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out sections 5505 
                and 5506, $6,400,000 for fiscal year 2004.
                  (B) From general fund.--In addition to 
                amounts made available by subparagraph (A), 
                there is authorized to be appropriated to carry 
                out sections 5505 and 5506, $1,600,000 for 
                fiscal year 2004.
          (2) Fiscal years 2005 through 2009.--Subject to 
        paragraph (3), there is authorized to be appropriated 
        to carry out sections 5505 and 5506, $8,000,000 for 
        each of fiscal years 2005 through 2009.
          (3) Funding of university transportation centers.--
                  (A) In general.--Of the amounts made 
                available by and appropriated under paragraphs 
                (1) and (2) $2,000,000 for each of fiscal years 
                2004, 2005, and 2006 shall be available for the 
                institution identified in section 
                5505(j)(3)(E), as so in effect.
                  (B) Use of funds.--Funds made available for 
                the institution identified in subparagraph 
                (A)(iii) shall be used to make grants under 
                5506(f)(5) for that institution
                  (C) Special rule.--Nothing in this subsection 
                shall be construed to limit the transportation 
                research conducted by the centers funded by 
                this section.
  (f) Administration.--
          (1) Fiscal year 2004.--
                  (A) From trust fund.--There shall be 
                available from the Mass Transit Account of the 
                Highway Trust Fund to carry out section 5334, 
                $60,044,000 for fiscal year 2004.
                  (B) From general fund.--In addition to 
                amounts made available under subparagraph (A), 
                there are authorized to be appropriated to 
                carry out section 5334, $15,011,000 for fiscal 
                year 2004.
          (2) Fiscal years 2005 through 2009.--There are 
        authorized to be appropriated to carry out section 
        5334--
                  (A) $78,000,000 for fiscal year 2005;
                  (B) $80,000,000 for fiscal year 2006;
                  (C) $82,000,000 for fiscal year 2007;
                  (D) $84,000,000 for fiscal year 2008; and
                  (E) $86,000,000 for fiscal year 2009.
  (g) Trust Fund Capital Program Grants.--There shall be 
available from the Mass Transit Account of the Highway Trust 
Fund to carry out sections 5309(m)(2)(B)(i) and 
5309(m)(2)(B)(iii)--
          (1) $1,884,255,000 for fiscal year 2005;
          (2) $2,080,005,000 for fiscal year 2006;
          (3) $2,210,580,000 for fiscal year 2007;
          (4) $2,366,677,500 for fiscal year 2008; and
          (5) $2,518,882,500 for fiscal year 2009.
  (h) General Fund Capital Program Grants.--There are 
authorized to be appropriated to carry out sections 
5309(m)(2)(A) and 5309(m)(2)(B)(ii)--
          (1) $1,391,170,000 for fiscal year 2005;
          (2) $1,561,670,000 for fiscal year 2006;
          (3) $1,673,720,000 for fiscal year 2007;
          (4) $1,777,785,000 for fiscal year 2008; and
          (5) $1,904,255,000 for fiscal year 2009.
  (i) Grants as Contractual Obligations.--
          (1) Grants financed from highway trust fund.--A grant 
        or contract approved by the Secretary, that is financed 
        with amounts made available under subsection (a)(l)(A), 
        (a)(2), (b)(1), (c)(2), (d)(1)(A), (e)(1)(A), 
        (f)(1)(A), or (g) is a contractual obligation of the 
        Government to pay the Government's share of the cost of 
        the project.
          (2) Grants financed from general fund.--A grant or 
        contract, approved by the Secretary, that is financed 
        with amounts made available under subsection (a)(l)(B), 
        (b)(2), (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), 
        (e)(2), (f)(1)(B), (f)(2), or (h) is a contractual 
        obligation of the Government to pay the Government's 
        share of the cost of the project only to the extent 
        that amounts are provided in advance in an 
        appropriations Act.
  (j) Availability of Amounts.--Amounts made available by or 
appropriated under subsections (a) through (h) shall remain 
available until expended.

           *       *       *       *       *       *       *

                 CHAPTER 55--INTERMODAL TRANSPORTATION

                          SUBCHAPTER I--GENERAL

Sec.
5501.  National Intermodal Transportation System policy.
     * * * * * * *
[5505.  University transportation research.
[5506.  Advanced vehicle technologies program.]
5505.  National university transportation centers.
5506.  University transportation research.
5507.  Advanced heavy-duty vehicle technologies research program.

           *       *       *       *       *       *       *

SUBCHAPTER I--GENERAL

           *       *       *       *       *       *       *

Sec. 5502. Intermodal Transportation Advisory Board

  (a)  * * *
  (b) Membership.--The Board consists of the Secretary, who 
serves as chairman, and the Administrator, or the 
Administrator's designee, of--
          (1)  * * *

           *       *       *       *       *       *       *

          (4) the Federal Railroad Administration; [and]
          (5) the Federal Transit Administration[.]; and
          (6) the Federal Motor Carrier Safety Administration.

           *       *       *       *       *       *       *

[Sec. 5505. University transportation research

  [(a) Regional Centers.--The Secretary of Transportation shall 
make grants to nonprofit institutions of higher learning to 
establish and operate 1 university transportation center in 
each of the 10 United States Government regions that comprise 
the Standard Federal Regional Boundary System.
  [(b) Other Centers.--The Secretary shall make grants to 
nonprofit institutions of higher learning to establish and 
operate university transportation centers, in addition to the 
centers receiving grants under subsection (a), to address 
transportation management and research and development matters, 
with special attention to increasing the number of highly 
skilled individuals entering the field of transportation.
  [(c) Selection of Grant Recipients.--
          [(1) Applications.--In order to be eligible to 
        receive a grant under this section, a nonprofit 
        institution of higher learning shall submit to the 
        Secretary an application that is in such form and 
        contains such information as the Secretary may require.
          [(2) Selection criteria.--Except as otherwise 
        provided by this section, the Secretary shall select 
        each recipient of a grant under this section through a 
        competitive process on the basis of the following:
                  [(A) For regional centers, the location of 
                the center within the Federal region to be 
                served.
                  [(B) The demonstrated research and extension 
                resources available to the recipient to carry 
                out this section.
                  [(C) The capability of the recipient to 
                provide leadership in making national and 
                regional contributions to the solution of 
                immediate and long-range transportation 
                problems.
                  [(D) The recipient's establishment of a 
                surface transportation program encompassing 
                several modes of transportation.
                  [(E) The recipient's demonstrated commitment 
                of at least $200,000 in regularly budgeted 
                institutional amounts each year to support 
                ongoing transportation research and education 
                programs.
                  [(F) The recipient's demonstrated ability to 
                disseminate results of transportation research 
                and education programs through a statewide or 
                regionwide continuing education program.
                  [(G) The strategic plan the recipient 
                proposes to carry out under the grant.
  [(d) Objectives.--Each university transportation center 
receiving a grant under this section shall conduct the 
following programs and activities:
          [(1) Basic and applied research, the products of 
        which are judged by peers or other experts in the field 
        to advance the body of knowledge in transportation.
          [(2) An education program that includes 
        multidisciplinary course work and participation in 
        research.
          [(3) An ongoing program of technology transfer that 
        makes research results available to potential users in 
        a form that can be implemented, utilized, or otherwise 
        applied.
  [(e) Maintenance of Effort.--In order to be eligible to 
receive a grant under this section, a recipient shall enter 
into an agreement with the Secretary to ensure that the 
recipient will maintain total expenditures from all other 
sources to establish and operate a university transportation 
center and related research activities at a level at least 
equal to the average level of such expenditures in its 2 fiscal 
years prior to award of a grant under this section.
  [(f) Federal Share.--The Federal share of the costs of 
activities carried out using a grant made under this section is 
50 percent of costs. The non-Federal share may include funds 
provided to a recipient under section 503, 504(b), or 505 of 
title 23, United States Code.
  [(g) Program Coordination.--
          [(1) Coordination.--The Secretary shall coordinate 
        the research, education, training, and technology 
        transfer activities that grant recipients carry out 
        under this section, disseminate the results of the 
        research, and establish and operate a clearinghouse.
          [(2) Annual review and evaluation.--At least annually 
        and consistent with the plan developed under section 
        508 of title 23, United States Code, the Secretary 
        shall review and evaluate programs the grant recipients 
        carry out.
          [(3) Funding limitation.--The Secretary may use not 
        more than 1 percent of amounts made available from 
        Government sources to carry out this subsection.
  [(h) Limitation on Availability of Funds.--Funds made 
available to carry out this program shall remain available for 
obligation for a period of 2 years after the last day of the 
fiscal year for which such funds are authorized.
  [(i) Number and Amount of Grants.--Subject to section 
5338(e):
          [(1) Fiscal years 1998 and 1999.--For each of fiscal 
        years 1998 and 1999, the Secretary shall make the 
        following grants under this section:
                  [(A) Group a.--The Secretary shall make a 
                grant in the amount of $1,000,000 to each of 
                the institutions or groups of institutions in 
                group A.
                  [(B) Group b.--The Secretary shall make a 
                grant in the amount of $300,000 to each of the 
                institutions or groups of institutions in group 
                B.
                  [(C) Group c.--The Secretary shall make a 
                grant in the amount of $750,000 to each of the 
                institutions or groups of institutions in group 
                C.
                  [(D) Group d.--The Secretary shall make a 
                grant in the amount of $2,000,000 to each of 
                the institutions or groups of institutions in 
                group D.
          [(2) Fiscal years 2000 and 2001.--For each of fiscal 
        years 2000 and 2001, the Secretary shall make the 
        following grants under this section:
                  [(A) Group a.--The Secretary shall make a 
                grant in the amount of $1,000,000 to each of 
                the institutions or groups of institutions in 
                group A.
                  [(B) Group b.--The Secretary shall make a 
                grant in the amount of $500,000 to 8 of the 
                institutions or groups of institutions in group 
                B.
                  [(C) Group c.--The Secretary shall make a 
                grant in the amount of $750,000 to each of the 
                institutions or groups of institutions in group 
                C.
                  [(D) Group d.--The Secretary shall make a 
                grant in the amount of $2,000,000 to each of 
                the institutions or groups of institutions in 
                group D.
          [(3) Fiscal years 2002 and 2003.--For each of fiscal 
        years 2002 and 2003, the Secretary shall make the 
        following grants under this section:
                  [(A) Group a.--The Secretary shall make a 
                grant in the amount of $1,000,000 to each of 
                the institutions or groups of institutions in 
                group A.
                  [(B) Groups b and c.--The Secretary shall 
                make a grant in the amount of $1,000,000 to 10 
                of the institutions or groups of institutions 
                in groups B and C that received grants under 
                this section in fiscal years 2000 and 2001.
                  [(C) Group d.--The Secretary shall make a 
                grant in the amount of $2,000,000 to each of 
                the institutions or groups of institutions in 
                group D.
  [(j) Identification of Groups.--For the purpose of making 
grants under this section, the following groups are identified:
          [(1) Group a.--Group A shall consist of the 10 
        regional centers selected under subsection (a).
          [(2) Group b.--Group B shall consist of the 
        following:
                  [(A) The University of Denver and Mississippi 
                State University.
                  [(B) The University of Central Florida.
                  [(C) University of Southern California and 
                California State University at Long Beach.
                  [(D) Rutgers University.
                  [(E) University of Missouri at Rolla.
                  [(F) South Carolina State University.
                  [(G) Joseph P. Kennedy Science and Technology 
                Center, Assumption College, Massachusetts.
                  [(H) Purdue University.
          [(3) Group c.--Group C shall consist of the 
        following:
                  [(A) University of Arkansas.
                  [(B) New Jersey Institute of Technology.
                  [(C) University of Idaho.
                  [(D) The University of Alabama.
                  [(E) Morgan State University.
                  [(F) North Carolina State University.
                  [(G) San Jose State University.
                  [(H) University of South Florida.
                  [(I) North Carolina A. and T. State 
                University.
          [(4) Group d.--Group D shall consist of the 
        following:
                  [(A) University of Minnesota.
                  [(B) Marshall University, West Virginia, on 
                behalf of a consortium which may also include 
                West Virginia University Institute of 
                Technology, the College of West Virginia, and 
                Bluefield State College.
                  [(C) George Mason University, along with the 
                University of Virginia and Virginia Tech 
                University.
                  [(D) Western Transportation Institute.
                  [(E) Rhode Island Transportation Research 
                Center.
                  [(F) Northwestern University.

[Sec. 5506. Advanced vehicle technologies program

  [(a) Purposes.--The Secretary of Transportation, in 
coordination with other government agencies and private 
consortia, shall encourage and promote the research, 
development, and deployment of transportation technologies that 
will use technological advances in multimodal vehicles, vehicle 
components, environmental technologies, and related 
infrastructure to remove impediments to an efficient, safe, and 
cost-effective national transportation system.
  [(b) Definition of Eligible Consortium.--In this section, the 
term ``eligible consortium'' means a consortium that receives 
funding under the Department of Defense Appropriations Act, 
1993 (Public Law 102-396; 106 Stat. 1876), and that comprises 2 
or more of the following entities:
          [(1) Businesses incorporated in the United States.
          [(2) Public or private educational or research 
        organizations located in the United States.
          [(3) Entities of State or local governments in the 
        United States.
          [(4) Federal laboratories.
  [(c) Program.--The Secretary shall enter into contracts, 
cooperative agreements, and other transactions as authorized by 
section 2371 of title 10 with, and make grants to, eligible 
consortia to promote the development and deployment of 
innovation in transportation technology services, management, 
and operational practices.
  [(d) Eligibility Criteria.--To be eligible to receive 
assistance under this section, an eligible consortium shall--
          [(1) for a period of not less than the 3 years 
        preceding the date of a contract, cooperative 
        agreement, or other transaction, be organized on a 
        statewide or multistate basis for the purpose of 
        designing, developing, and deploying transportation 
        technologies that address identified technological 
        impediments in the transportation field;
          [(2) facilitate the participation in the consortium 
        of small- and medium-sized businesses, utilities, 
        public laboratories and universities, and other 
        relevant entities;
          [(3) be actively engaged in transportation technology 
        projects that address compliance in nonattainment areas 
        under the Clean Air Act (42 U.S.C. 7401 et seq.);
          [(4) be designed to use Federal and State funding to 
        attract private capital in the form of grants or 
        investments to carry out this section; and
          [(5) ensure that at least 50 percent of the funding 
        for the consortium project will be provided by non-
        Federal sources.
  [(e) Proposals.--The Secretary shall prescribe such terms and 
conditions as the Secretary determines to be appropriate for 
the content and structure of proposals submitted for assistance 
under this section.
  [(f) Reporting Requirements.--At least once each year, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the 
Committee on Environment and Public Works of the Senate a 
report on the projects undertaken by the eligible consortia and 
the progress made in advancing the purposes of this section.
  [(g) Authorization of Appropriations.--
          [(1) In general.--There is authorized to be 
        appropriated to carry out this section $50,000,000 for 
        each of fiscal years 1999 through 2003, to remain 
        available until expended.
          [(2) Availability.--Notwithstanding section 118(a), 
        funds made available under paragraph (1) shall not be 
        available in advance of an annual appropriation.]

Sec. 5505. National university Transportation centers

  (a) In General.--
          (1) Establishment and operation.--The Secretary of 
        Transportation shall make grants under this section to 
        eligible nonprofit institutions of higher learning to 
        establish and operate national university 
        transportation centers.
          (2) Role of centers.--The role of each center shall 
        be to advance significantly transportation research on 
        critical national transportation issues and to expand 
        the workforce of transportation professionals.
  (b) Applicability of Requirements.--A grant received by an 
eligible nonprofit institution of higher learning under this 
section shall be available for the same purposes, and shall be 
subject to the same terms and conditions, as a grant made to a 
nonprofit institution of higher learning under section 5506.
  (c) Eligible Nonprofit Institution of Higher Learning 
Defined.--In this section, the term ``eligible nonprofit 
institution of higher learning'' means each of the lead 
institutions identified in subsections (j)(4)(A), (j)(4)(B), 
and (j)(4)(F) of section 5505 as in effect on the day before 
the date of enactment of the Transportation Equity Act: A 
Legacy for Users, the university referred to in section 704 of 
Public Law 103-206 (107 Stat. 2447), and the university that, 
as of the day before such date of enactment, is the lead 
institution for the regional university transportation center 
for region 5 of the Standard Federal Regional Boundary System.
  (d) Grants.--In each of fiscal years 2004 through 2009, the 
Secretary shall make a grant under this section to each 
eligible nonprofit institution of higher learning in an amount 
not to exceed $3,500,000.

Sec. 5506. University Transportation research

  (a) In General.--The Secretary of Transportation shall make 
grants under this section to nonprofit institutions of higher 
learning to establish and operate university transportation 
centers.
  (b) Objectives.--Grants received under this section shall be 
used by nonprofit institutions of higher learning to advance 
significantly the state-of-the-art in transportation research 
and expand the workforce of transportation professionals 
through the following programs and activities:
          (1) Research.--Basic and applied research, the 
        products of which are judged by peers or other experts 
        in the field of transportation to advance the body of 
        knowledge in transportation.
          (2) Education.--An education program relating to 
        transportation that includes multidisciplinary course 
        work and participation in research.
          (3) Technology transfer.--An ongoing program of 
        technology transfer that makes transportation research 
        results available to potential users in a form that can 
        be implemented, utilized, or otherwise applied.
  (c) Regional, Tier I, and Tier II Centers.--
          (1) In general.--For each of fiscal years 2004 
        through 2009, the Secretary shall make grants under 
        subsection (a) to nonprofit institutions of higher 
        learning to establish and operate--
                  (A) 10 regional university transportation 
                centers; and
                  (B) 10 Tier I university transportation 
                centers.
          (2) Tier ii centers.--For each of fiscal years 2005 
        through 2009, the Secretary shall make grants under 
        subsection (a) to nonprofit institutions of higher 
        learning to establish and operate 10 Tier II university 
        transportation centers.
          (3) Location of regional centers.--One regional 
        university transportation center shall be located in 
        each of the 10 United States Government regions that 
        comprise the Standard Federal Regional Boundary System.
          (4) Limitation.--A nonprofit institution of higher 
        learning may not directly receive a grant under this 
        section for a fiscal year for more than one university 
        transportation center.
  (d) Competitive Selection Process.--
          (1) Applications.--In order to be eligible to receive 
        a grant under this section, a nonprofit institution of 
        higher learning shall submit to the Secretary an 
        application that is in such form and contains such 
        information as the Secretary may require.
          (2) General selection criteria.--Except as otherwise 
        provided by this section, the Secretary shall select 
        each recipient of a grant under this section through a 
        competitive process on the basis of the following:
                  (A) The demonstrated research and extension 
                resources available to the recipient to carry 
                out this section.
                  (B) The capability of the recipient to 
                provide leadership in making national and 
                regional contributions to the solution of 
                immediate and long-range transportation 
                problems.
                  (C) The recipient's demonstrated commitment 
                of at least $400,000 each year in regularly 
                budgeted institutional amounts to support 
                ongoing transportation research and education 
                programs.
                  (D) The recipient's demonstrated ability to 
                disseminate results of transportation research 
                and education programs through a statewide or 
                regionwide continuing education program.
                  (E) The strategic plan the recipient proposes 
                to carry out under the grant.
  (e) Regional University Transportation Centers.--
          (1) Competition.--Not later than August 31, 2005, and 
        not later than March 31st of every 4th year thereafter, 
        the Secretary shall complete a competition among 
        nonprofit institutions of higher learning for grants to 
        establish and operate the 10 regional university 
        transportation centers referred to in subsection 
        (c)(1)(A).
          (2) Selection criteria.--In conducting a competition 
        under paragraph (1), the Secretary shall select a 
        nonprofit institution of higher learning on the basis 
        of--
                  (A) the criteria described in subsection 
                (d)(2);
                  (B) the location of the center within the 
                Federal region to be served; and
                  (C) whether or not the institution (or, in 
                the case of a consortium of institutions, the 
                lead institution) can demonstrate that it has a 
                well-established, nationally recognized program 
                in transportation research and education, as 
                evidenced by--
                          (i) not less than $2,000,000 in 
                        highway or public transportation 
                        research expenditures each year for 
                        each of the preceding 5 years;
                          (ii) not less than 10 graduate 
                        degrees awarded in professional fields 
                        closely related to highways and public 
                        transportation for year for each of the 
                        preceding 5 years; and
                          (iii) not less than 5 tenured or 
                        tenure-track faculty members who 
                        specialize on a full-time basis in 
                        professional fields closely related to 
                        highways and public transportation who, 
                        as a group, have published a total at 
                        least 50 refereed journal publications 
                        on highway or public transportation 
                        research during the preceding 5 years.
          (3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on 
        the basis of a competition conducted under this 
        subsection, the Secretary shall make a grant to the 
        recipient to establish and operate a regional 
        university transportation center in each of the first 4 
        fiscal years beginning after the date of the 
        competition.
          (4) Special rule for fiscal years 2004 and 2005.--For 
        each of fiscal years 2004 and 2005, the Secretary shall 
        make a grant under this section to each of the 10 
        nonprofit institutions of higher learning that were 
        competitively selected for grants by the Secretary 
        under this section in July 1999 to operate regional 
        university transportation centers.
          (5) Amount of grants.--For each of fiscal years 2004 
        through 2009, a grant made by the Secretary to a 
        nonprofit institution of higher learning for a fiscal 
        year to establish and operate a regional university 
        transportation center shall not exceed $3,500,000.
  (f) Tier I University Transportation Centers.--
          (1) Competition.--Not later than March 31, 2006, and 
        not later than March 31st of every 4th year thereafter, 
        the Secretary shall complete a competition among 
        nonprofit institutions of higher learning for grants to 
        establish and operate the 10 Tier I university 
        transportation centers referred to in subsection 
        (c)(1)(B).
          (2) Selection criteria.--In conducting a competition 
        under paragraph (1), the Secretary shall select a 
        nonprofit institution of higher learning on the basis 
        of--
                  (A) the criteria described in subsection 
                (d)(2); and
                  (B) whether or not the institution (or, in 
                the case of a consortium of institutions, the 
                lead institution) can demonstrate that it has 
                an established, recognized program in 
                transportation research and education, as 
                evidenced by--
                          (i) not less than $1,000,000 in 
                        highway or public transportation 
                        research expenditures each year for 
                        each of the preceding 5 years or not 
                        less than $6,000,000 in such 
                        expenditures during the 5 preceding 
                        years;
                          (ii) not less than 5 graduate degrees 
                        awarded in professional fields closely 
                        related to highways and public 
                        transportation each year for each of 
                        the preceding 5 years; and
                          (iii) not less than 3 tenured or 
                        tenure-track faculty members who 
                        specialize on a full-time basis in 
                        professional fields closely related to 
                        highways and public transportation who, 
                        as a group, have published a total at 
                        least 20 refereed journal publications 
                        on highway or public transportation 
                        research during the preceding 5 years.
          (3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on 
        the basis of a competition conducted under this 
        subsection, the Secretary shall make a grant to the 
        recipient to establish and operate a Tier I university 
        transportation center in each of the first 4 fiscal 
        years beginning after the date of the competition.
          (4) Special rule for fiscal years 2004, 2005, and 
        2006.--For each of fiscal years 2004, 2005, and 2006, 
        the Secretary shall make a grant under this section to 
        each of the 10 nonprofit institutions of higher 
        learning that were competitively selected for grant 
        awards by the Secretary under this section in May 2002 
        to operate university transportation centers (other 
        than regional centers).
          (5) Amount of grants.--A grant made by the Secretary 
        to a nonprofit institution of higher learning for a 
        fiscal year to establish and operate a Tier I 
        university transportation center shall not exceed 
        $1,000,000 for fiscal year 2004 and $1,500,000 for each 
        of fiscal years 2005 through 2009.
  (g) Tier II University Transportation Centers.--
          (1) Competition.--Not later than 60 days after the 
        date of enactment of the Transportation Equity Act: A 
        Legacy for Users, not later than March 31, 2008, and 
        not later than March 31st of every 4th year thereafter, 
        the Secretary shall complete a competition among 
        nonprofit institutions of higher learning for grants to 
        establish and operate the 10 Tier II university 
        transportation centers referred to in subsection 
        (c)(2).
          (2) Selection criteria.--In conducting a competition 
        under paragraph (1), the Secretary shall select a 
        nonprofit institution of higher learning on the basis 
        of the criteria described in subsection (f)(2).
          (3) Grant recipients.--After selecting a nonprofit 
        institution of higher learning as a grant recipient on 
        the basis of a competition conducted under this 
        subsection, the Secretary shall--
                  (A) in the case of the competition to be 
                completed not later than 60 days after the date 
                of enactment of the Transportation Equity Act: 
                A Legacy for Users, make a grant to the 
                recipient to establish and operate a Tier II 
                university transportation center in each of 
                fiscal years 2005 through 2008; and
                  (B) in the case of each subsequent 
                competition, make a grant to the recipient to 
                establish and operate a Tier II university 
                transportation center in each of the first 4 
                fiscal years beginning after the date of the 
                competition.
          (4) Amount of grants.--For each of fiscal years 2005 
        through 2009, a grant made by the Secretary to a 
        nonprofit institution of higher learning for a fiscal 
        year to establish and operate a Tier II university 
        transportation center shall not exceed $1,000,000.
  (h) Support of National Strategy for Surface Transportation 
Research.--In order to be eligible to receive a grant under 
this section, a nonprofit institution of higher learning shall 
provide assurances satisfactory to the Secretary that the 
research and education activities of its university 
transportation center will support the national strategy for 
surface transportation research, as identified by--
          (1) the report of the National Highway Research and 
        Technology Partnership entitled ``Highway Research and 
        Technology: The Need for Greater Investment'', dated 
        April 2002; and
          (2) the programs of the National Research and 
        Technology Program of the Federal Transit 
        Administration.
  (i) Maintenance of Effort.--In order to be eligible to 
receive a grant under this section, a nonprofit institution of 
higher learning shall enter into an agreement with the 
Secretary to ensure that the institution will maintain total 
expenditures from all other sources to establish and operate a 
university transportation center and related research 
activities at a level at least equal to the average level of 
such expenditures in its 2 fiscal years prior to award of a 
grant under this section.
  (j) Federal Share.--The Federal share of the costs of 
activities carried out using a grant made under this section 
shall be 50 percent of such costs. The non-Federal share may 
include funds provided to a recipient under section 503, 
504(b), or 505 of title 23.
  (k) Program Coordination.--
          (1) Coordination.--The Secretary shall coordinate the 
        research, education, and technology transfer activities 
        that grant recipients carry out under this section, 
        disseminate the results of the research, and establish 
        and operate a clearinghouse to disseminate the results 
        of the research.
          (2) Annual review and evaluation.--At least annually, 
        and consistent with the plan developed under section 
        508 of title 23, the Secretary shall review and 
        evaluate programs of grant recipients.
          (3) Management and oversight.--The Secretary shall 
        expend $1,500,000 for each of fiscal years 2005 through 
        2009 from amounts made available to carry out this 
        section to carry out management and oversight of the 
        centers receiving assistance under this section.
  (l) Program Administration.--The Secretary shall carry out 
this section acting through the Administrator of the Research 
and Innovative Technology Administration.
  (m) Limitation on Availability of Funds.--Funds made 
available to carry out this section shall remain available for 
obligation by the Secretary for a period of 2 years after the 
last day of the fiscal year for which such funds are 
authorized.

Sec. 5507. Advanced heavy-duty vehicle technologies research program

  (a) In General.--The Secretary of Transportation shall 
conduct research, development, demonstration, and testing to 
integrate emerging advanced heavy-duty vehicle technologies in 
order to provide seamless, safe, secure, and efficient 
transportation and to benefit the environment.
  (b) Consultation.--To ensure the activities performed 
pursuant to this section achieve the maximum benefit, the 
Secretary of Transportation shall consult with the Secretary of 
Energy, the Administrator of the Environmental Protection 
Agency, and other relevant Federal agencies on research, 
development, and demonstration activities authorized under this 
section related to advanced heavy-duty vehicle technologies.
  (c) Grants, Cooperative Agreements, and Other Transactions.--
The Secretary may make grants to, and enter into cooperative 
agreements and other transactions with, Federal and other 
public agencies (including State and local governments) and 
persons to carry out subsection (a).
  (d) Cost Sharing.--At least 50 percent of the funding for 
projects carried out under this section must be provided by 
non-Federal sources.
  (e) Authorization of Appropriations.--There are authorized to 
be appropriated from the Highway Trust Fund (other than the 
Mass Transit Account) to carry out subsection (a) $1,000,000 
for fiscal year 2004 and $3,000,000 for each of fiscal years 
2005 through 2009.
  (f) Contract Authority.--The funds authorized to be 
appropriated by subsection (e) shall be available for 
obligation in the same manner as if such funds were apportioned 
under chapter 1 of title 23 and shall be subject to any 
limitation on obligations imposed on funds made available to 
carry out title V of the Transportation Equity Act: A Legacy 
for Users.

           *       *       *       *       *       *       *

CHAPTER 131--GENERAL PROVISIONS

           *       *       *       *       *       *       *

Sec. 13102. Definitions

  In this part, the following definitions shall apply:
          (1)  * * *

           *       *       *       *       *       *       *

          (6) Foreign motor carrier.--The term ``foreign motor 
        carrier'' means a person (including a motor carrier of 
        property but excluding a motor private carrier)--
                  (A) * * *
                  (B) in the case of a person that is not a 
                motor carrier of property, that provides 
                interstate transportation of property by [motor 
                vehicle] commercial motor vehicle (as defined 
                in section 31132) under an agreement or 
                contract entered into with a motor carrier of 
                property (other than a motor private carrier or 
                a motor carrier of property described in 
                subparagraph (A)).
          (7) Foreign motor private carrier.--The term 
        ``foreign motor private carrier'' means a person 
        (including a motor private carrier but excluding a 
        motor carrier of property)--
                  (A) * * *
                  (B) in the case of a person that is not a 
                motor private carrier, that provides interstate 
                transportation of property by [motor vehicle] 
                commercial motor vehicle (as defined in section 
                31132) under an agreement or contract entered 
                into with a person (other than a motor carrier 
                of property or a motor private carrier 
                described in subparagraph (A)).

           *       *       *       *       *       *       *

          (12) Motor carrier.--The term ``motor carrier'' means 
        a person providing [motor vehicle] commercial motor 
        vehicle (as defined in section 31132) transportation 
        for compensation.
          (13) Motor private carrier.--The term ``motor private 
        carrier'' means a person, other than a motor carrier, 
        transporting property by [motor vehicle] commercial 
        motor vehicle (as defined in section 31132) when--
                  (A)  * * *

           *       *       *       *       *       *       *

CHAPTER 139--REGISTRATION

           *       *       *       *       *       *       *

Sec. 13902. Registration of motor carriers

  (a) Motor Carrier Generally.--
          (1) In general.--Except as provided in this section, 
        the Secretary shall register a person to provide 
        transportation subject to jurisdiction under subchapter 
        I of chapter 135 of this title as a motor carrier if 
        the Secretary finds that the person is willing and able 
        to comply with--
                  (A)  * * *
                  [(B) any safety regulations imposed by the 
                Secretary and the safety fitness requirements 
                established by the Secretary under section 
                31144; and]
                  (B) (i) any safety regulations imposed by the 
                Secretary;
                  (ii) the duties of employers and employees 
                established by the Secretary under section 
                31135; and
                  (iii) the safety fitness requirements 
                established by the Secretary under section 
                31144; and

           *       *       *       *       *       *       *

Sec. 13903. Registration of freight forwarders

  (a) In General.--[The Secretary]
          (1) Household goods.--The Secretary shall register a 
        person to provide service subject to jurisdiction under 
        subchapter III of chapter 135 as a freight forwarder of 
        household goods if the Secretary finds that the person 
        is fit, willing, and able to provide the service and to 
        comply with this part and applicable regulations of the 
        Secretary and the Board.
          (2) Others.--The Secretary may register a person to 
        provide service subject to jurisdiction under 
        subchapter III of chapter 135 as a freight forwarder 
        (other than a freight forwarder of household goods) if 
        the Secretary finds that such registration is needed 
        for the protection of shippers and that the person is 
        fit, willing, and able to provide the service and to 
        comply with this part and applicable regulations of the 
        Secretary and Board.

           *       *       *       *       *       *       *

Sec. 13908. Registration and other reforms

  (a) Regulations Replacing Certain Programs.--The Secretary, 
in cooperation with the States, and after notice and 
opportunity for public comment, shall issue regulations to 
replace the current Department of Transportation identification 
number system, [the single State registration system under 
section 14504,] the registration system contained in this 
chapter, and the financial responsibility information system 
under section 13906 with a single, on-line, Federal system. The 
new system shall serve as a clearinghouse and depository of 
information on and identification of all foreign and domestic 
motor carriers, brokers, and freight forwarders, and others 
required to register with the Department as well as information 
on safety fitness and compliance with required levels of 
financial responsibility. In issuing the regulations, the 
Secretary shall consider whether or not to integrate the 
requirements of section 13304 into the new system and may 
integrate such requirements into the new system.
  (b) Factors To Be Considered.--In conducting the rulemaking 
under subsection (a), the Secretary shall, at a minimum, 
consider the following factors:
          (1)  * * *
          [(2) Whether the existing single State registration 
        system is duplicative and burdensome.
          [(3) The justification and need for collecting the 
        statutory fee for such system under section 
        14504(c)(2)(B)(iv).]
          [(4)] (2) The public safety.
          [(5)] (3) The efficient delivery of transportation 
        services.
          [(6)] (4) How, and under what conditions, to extend 
        the registration system to motor private carriers and 
        to carriers exempt under sections 13502, 13503, and 
        13506.

           *       *       *       *       *       *       *

  [(d) State Registration Programs.--If the Secretary 
determines that no State should require insurance filings or 
collect fees for such filings (including filings and fees 
authorized under section 14504), the Secretary may prevent any 
State or political subdivision thereof, or any political 
authority of 2 or more States, from imposing any insurance 
filing requirements or fees that are for the same purposes as 
filings or fees the Secretary requires under the new system 
under subsection (a). The Secretary may not take any action 
pursuant to this subsection unless--
          [(1) fees that will be collected by the Secretary 
        under subsection (c) and distributed in each fiscal 
        year to the States will provide each State with at 
        least as much revenue as that State received in fiscal 
        year 1995 under section 11506, as in effect on December 
        31, 1995; and
          [(2) all States will receive from the distribution of 
        such fees a minimum apportionment.]
  [(e) Deadline for Conclusion; Modifications.--Not later than 
24 months after January 1, 1996,] (d) Deadline for 
Completion.--Not later than 1 year after the date of enactment 
of the Transportation Equity Act: A Legacy for Users, the 
Secretary--
          (1)  * * *

           *       *       *       *       *       *       *

CHAPTER 141--OPERATIONS OF CARRIERS

           *       *       *       *       *       *       *

Sec. 14104. Household goods carrier operations

  (a)  * * *
  (b) Estimates.--
          [(1) Authority to provide without compensation.--
        Every motor carrier providing transportation of 
        household goods subject to jurisdiction under 
        subchapter I of chapter 135, upon request of a 
        prospective shipper, may provide the shipper with an 
        estimate of charges for transportation of household 
        goods and for the proposed services. The Secretary 
        shall not prohibit any such carrier from charging a 
        prospective shipper for providing a written, binding 
        estimate for the transportation and proposed services.]
          (1) Required to be in writing.--
                  (A) In general.--Except as otherwise provided 
                in this subsection, every motor carrier 
                providing transportation of household goods 
                described in section 13102(10)(A) subject to 
                jurisdiction under subchapter I of chapter 135 
                shall conduct a physical survey of the 
                household goods to be transported on behalf of 
                a prospective individual shipper and shall 
                provide the shipper with a written estimate of 
                charges for the transportation and all related 
                services.
                  (B) Waiver.--A shipper may elect to waive a 
                physical survey under this paragraph by written 
                agreement signed by the shipper before the 
                shipment is loaded. A copy of the waiver 
                agreement must be retained as an addendum to 
                the bill of lading and shall be subject to the 
                same record inspection and preservation 
                requirements of the Secretary as are applicable 
                to bills of lading.
                  (C) Estimate.--
                          (i) In general.--Notwithstanding a 
                        waiver under subparagraph (B), a 
                        carrier's statement of charges for 
                        transportation must be submitted to the 
                        shipper in writing and must indicate 
                        whether it is binding or nonbinding.
                          (ii) Binding.--A binding estimate 
                        under this paragraph must indicate that 
                        the carrier and shipper are bound by 
                        such charges. The carrier may impose a 
                        charge for providing a written binding 
                        estimate.
                          (iii) Nonbinding.--A nonbinding 
                        estimate under this paragraph must 
                        indicate that the actual charges will 
                        be based upon the actual weight of the 
                        individual shipper's shipment and the 
                        carrier's lawful tariff charges. The 
                        carrier may not impose a charge for 
                        providing a nonbinding estimate.

           *       *       *       *       *       *       *

                  CHAPTER 145--FEDERAL-STATE RELATIONS

Sec.
14501. Federal authority over intrastate transportation.
     * * * * * * *
[14504. Registration of motor carriers by a State.]
     * * * * * * *
14506. Enforcement of Federal regulations by State attorneys general.

Sec. 14501. Federal authority over intrastate transportation

  (a)  * * *

           *       *       *       *       *       *       *

  (c) Motor Carriers of Property.--
          (1)  * * *
          (2) Matters not covered.--Paragraph (1)--
                  (A)  * * *
                  (B) does not apply to the intrastate 
                transportation of household goods; and

           *       *       *       *       *       *       *

[Sec. 14504. Registration of motor carriers by a State

  [(a) Definitions.--In this section, the terms ``standards'' 
and ``amendments to standards'' mean the specification of forms 
and procedures required by regulations of the Secretary to 
prove the lawfulness of transportation by motor carrier 
referred to in section 13501.
  [(b) General Rule.--The requirement of a State that a motor 
carrier, providing transportation subject to jurisdiction under 
subchapter I of chapter 135 and providing transportation in 
that State, must register with the State is not an unreasonable 
burden on transportation referred to in section 13501 when the 
State registration is completed under standards of the 
Secretary under subsection (c). When a State registration 
requirement imposes obligations in excess of the standards of 
the Secretary, the part in excess is an unreasonable burden.
  [(c) Single State Registration System.--
          [(1) In general.--The Secretary shall maintain 
        standards for implementing a system under which--
                  [(A) a motor carrier is required to register 
                annually with only one State by providing 
                evidence of its Federal registration under 
                chapter 139;
                  [(B) the State of registration shall fully 
                comply with standards prescribed under this 
                section; and
                  [(C) such single State registration shall be 
                deemed to satisfy the registration requirements 
                of all other States.
          [(2) Specific requirements.--
                  [(A) Evidence of federal registration; proof 
                of insurance; payment of fees.--Under the 
                standards of the Secretary implementing the 
                single State registration system described in 
                paragraph (1) of this subsection, only a State 
                acting in its capacity as registration State 
                under such single State system may require a 
                motor carrier registered by the Secretary under 
                this part--
                          [(i) to file and maintain evidence of 
                        such Federal registration;
                          [(ii) to file satisfactory proof of 
                        required insurance or qualification as 
                        a self-insurer;
                          [(iii) to pay directly to such State 
                        fee amounts in accordance with the fee 
                        system established under subparagraph 
                        (B)(iv) of this paragraph, subject to 
                        allocation of fee revenues among all 
                        States in which the carrier operates 
                        and which participate in the single 
                        State registration system; and
                          [(iv) to file the name of a local 
                        agent for service of process.
                  [(B) Receipts; fee system.--The standards of 
                the Secretary--
                          [(i) shall require that the 
                        registration State issue a receipt, in 
                        a form prescribed under the standards, 
                        reflecting that the carrier has filed 
                        proof of insurance as provided under 
                        subparagraph (A)(ii) of this paragraph 
                        and has paid fee amounts in accordance 
                        with the fee system established under 
                        clause (iv) of this subparagraph;
                          [(ii) shall require that copies of 
                        the receipt issued under clause (i) of 
                        this subparagraph be kept in each of 
                        the carrier's commercial motor 
                        vehicles;
                          [(iii) shall not require decals, 
                        stamps, cab cards, or any other means 
                        of registering or identifying specific 
                        vehicles operated by the carrier;
                          [(iv) shall establish a fee system 
                        for the filing of proof of insurance as 
                        provided under subparagraph (A)(ii) of 
                        this paragraph that--
                                  [(I) is based on the number 
                                of commercial motor vehicles 
                                the carrier operates in a State 
                                and on the number of States in 
                                which the carrier operates;
                                  [(II) minimizes the costs of 
                                complying with the registration 
                                system; and
                                  [(III) results in a fee for 
                                each participating State that 
                                is equal to the fee, not to 
                                exceed $10 per vehicle, that 
                                such State collected or charged 
                                as of November 15, 1991; and
                          [(v) shall not authorize the charging 
                        or collection of any fee for filing and 
                        maintaining evidence of Federal 
                        registration under subparagraph (A)(i) 
                        of this paragraph.
                  [(C) Prohibited fees.--The charging or 
                collection of any fee under this section that 
                is not in accordance with the fee system 
                established under subparagraph (B)(iv) of this 
                paragraph shall be deemed to be a burden on 
                interstate commerce.
                  [(D) Limitation on participation by states.--
                Only a State which, as of January 1, 1991, 
                charged or collected a fee for a vehicle 
                identification stamp or number under part 1023 
                of title 49, Code of Federal Regulations, shall 
                be eligible to participate as a registration 
                State under this subsection or to receive any 
                fee revenue under this subsection.]

           *       *       *       *       *       *       *

Sec. 14506. Enforcement of Federal regulations by State attorneys 
                    General

  (a) In General.--A State, as parens patriae, may bring a 
civil action on behalf of a resident of the State in an 
appropriate district court of the United States to enforce a 
regulation or order of the Secretary or Board--
          (1) to protect an individual shipper of household 
        goods if such regulation or order governs the delivery 
        of the shipper's household goods; or
          (2) to impose a civil penalty under section 14915 
        whenever the attorney general of the State has reason 
        to believe that the interests of the residents of the 
        State have been or are being threatened or adversely 
        affected by--
                  (A) a carrier or broker providing 
                transportation of household goods subject to 
                jurisdiction under subchapter I or III of 
                chapter 135 who is committing repeat violations 
                of section 14915; or
                  (B) a foreign motor carrier providing 
                transportation of household goods who is 
                registered under section 13902 and who is 
                committing repeat violations of section 14915.
  (b) Limitation on Statutory Construction.--Nothing in this 
section shall be construed--
          (1) as preventing an attorney general from exercising 
        the powers conferred on the attorney general by the 
        laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the 
        attendance of witnesses or the production of 
        documentary and other evidence;
          (2) as prohibiting a State official from proceeding 
        in State court to enforce a criminal statute of the 
        State;
          (3) as authorizing a State or political subdivision 
        of a State to bring an enforcement action under a 
        consumer protection law, regulation, or other provision 
        of the State relating to interstate transportation of 
        household goods (as defined in section 13102(10)(A)) 
        with respect to an activity that is inconsistent with 
        Federal laws and regulations relating to interstate 
        transportation of household goods; or
          (4) as authorizing a State, as parens patriae, to 
        bring a class civil action on behalf of its residents 
        to enforce a regulation or order of the Secretary or 
        Board.
  (c) Actions by the Secretary or Board.--Whenever a civil 
action has been instituted by or on behalf of the Secretary or 
Board for violation of section 14915, no State may, during the 
pendency of such action, institute a civil action under 
subsection (a) against any defendant named in the complaint 
relating to such violation.
  (d) Venue; Service of Process.--Any civil action to be 
brought under subsection (a) in a district court of the United 
States may be brought in the district in which the defendant is 
found, is an inhabitant, or transacts business or wherever 
venue is proper under section 1391 of title 28. Process in such 
an action may be served in any district in which the defendant 
is an inhabitant or in which the defendant may be found.

           *       *       *       *       *       *       *

CHAPTER 147--ENFORCEMENT; INVESTIGATIONS; RIGHTS; REMEDIES

           *       *       *       *       *       *       *

Sec. 14708. Dispute settlement program for household goods carriers

  (a) Offering Shippers Arbitration.--As a condition of 
registration under section 13902 or 13903, a carrier providing 
transportation of household goods subject to jurisdiction under 
subchapter I or III of chapter 135 must agree to offer in 
accordance with this section to shippers of household goods 
arbitration as a means of settling disputes between such 
carriers and shippers of household goods concerning damage or 
loss to the household goods transported and to determine 
whether carrier charges, in addition to those collected at 
delivery, must be paid by the shipper for transportation and 
services related to the transportation of household goods.
  (b) Arbitration Requirements.--
          (1)  * * *

           *       *       *       *       *       *       *

          (6) Requests.--The carrier must not require the 
        shipper to agree to utilize arbitration prior to the 
        time that a dispute arises. If the dispute involves a 
        claim for [$5,000] $10,000 or less and the shipper 
        requests arbitration, such arbitration shall be binding 
        on the parties. If the dispute involves a claim for 
        more than [$5,000] $10,000 and the shipper requests 
        arbitration, such arbitration shall be binding on the 
        parties only if the carrier agrees to arbitration.

           *       *       *       *       *       *       *

          (8) Deadline for decision.--The arbitrator must, as 
        expeditiously as possible but at least within 60 days 
        of receipt of written notification of the dispute, 
        render a decision based on the information gathered; 
        except that, in any case in which a party to the 
        dispute fails to provide in a timely manner any 
        information concerning such dispute which the person 
        settling the dispute may reasonably require to resolve 
        the dispute, the arbitrator may extend such 60-day 
        period for a reasonable period of time. A decision 
        resolving a dispute may include any remedies 
        appropriate under the circumstances, including repair, 
        replacement, refund, reimbursement for expenses, [and] 
        compensation for damages, and an order requiring the 
        payment of additional carrier charges.

           *       *       *       *       *       *       *

  (d) Attorney's Fees to Shippers.--In any court action to 
resolve a dispute between a shipper of household goods and a 
carrier providing transportation or service subject to 
jurisdiction under subchapter I or III of chapter 135 
concerning the transportation of household goods by such 
carrier, the shipper shall be awarded reasonable attorney's 
fees if--
          (1)  * * *

           *       *       *       *       *       *       *

          (3)(A) the shipper was not advised by the carrier 
        during the claim settlement process that a dispute 
        settlement program was available to resolve the 
        dispute;
          [(A)] (B) a decision resolving the dispute was not 
        rendered through arbitration under this section within 
        the period provided under subsection (b)(8) of this 
        section or an extension of such period under such 
        subsection; or
          [(B)] (C) the court proceeding is to enforce a 
        decision rendered through arbitration under this 
        section and is instituted after the period for 
        performance under such decision has elapsed.

           *       *       *       *       *       *       *

               CHAPTER 149--CIVIL AND CRIMINAL PENALTIES

Sec.
14901. General civil penalties.
     * * * * * * *
14915. Holding household goods hostage.

Sec. 14901. General civil penalties

  (a)  * * *

           *       *       *       *       *       *       *

  (d) Protection of Household Goods Shippers.--[If a carrier]
          (1) In general.--If a carrier providing 
        transportation of household goods subject to 
        jurisdiction under subchapter I or III of chapter 135 
        or a receiver or trustee of such carrier fails or 
        refuses to comply with any regulation issued by the 
        Secretary or the Board relating to protection of 
        individual shippers, such carrier, receiver, or trustee 
        is liable to the United States for a civil penalty of 
        not less than $1,000 for each violation and for each 
        additional day during which the violation continues.
          (2) Estimate of broker without carrier agreement.--If 
        a broker for transportation of household goods subject 
        to jurisdiction under subchapter I of chapter 135 makes 
        an estimate of the cost of transporting any such goods 
        before entering into an agreement with a carrier to 
        provide transportation of household goods subject to 
        such jurisdiction, the broker is liable to the United 
        States for a civil penalty of not less than $10,000 for 
        each violation.
          (3) Unauthorized transportation.--If a person 
        provides transportation of household goods subject to 
        jurisdiction under subchapter I of chapter 135 or 
        provides broker services for such transportation 
        without being registered under chapter 139 to provide 
        such transportation or services as a motor carrier or 
        broker, as the case may be, such person is liable to 
        the United States for a civil penalty of not less than 
        $25,000 for each violation.

           *       *       *       *       *       *       *

Sec. 14915. Holding household goods hostage

  (a) Holding Household Goods Hostage Defined.--For purposes of 
this section, the term ``holding household goods hostage'' 
means the knowing and willful refusal to relinquish possession 
of a shipment of household goods described in section 
13102(10)(A) upon payment of not more than 100 percent of a 
binding estimate (or, in the case of a nonbinding estimate, not 
more than 110 percent of the estimated charges for such 
shipment).
  (b) Civil Penalty.--Whoever is found holding a household 
goods shipment hostage is liable to the United States for a 
civil penalty of not less than $10,000 for each violation. If 
such person is a carrier or broker, the Secretary may suspend 
for a period of not less than 6 months the registration of such 
carrier or broker under chapter 139.
  (c) Criminal Penalty.--A motor carrier that has been 
convicted of knowingly and willfully holding household goods 
hostage by falsifying documents or demanding the payment of 
charges for services that were not performed or were not 
necessary in the safe and adequate movement of a shipment of 
household goods shall be fined under title 18, or imprisoned 
not more than 2 years, or both.

           *       *       *       *       *       *       *

SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS

           *       *       *       *       *       *       *

                           PART B--COMMERCIAL

              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY

[SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE PROGRAMS]

            SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS

Sec.
31100.  Purpose.
     * * * * * * *
[31107.  Contract authority funding for information systems.
[31108.  Authorization of appropriations.]
31107. Border enforcement grants.
31108. Motor carrier research and technology program.
31109. Performance and registration information system management.
     * * * * * * *

                       Subchapter IV--Miscellaneous

31161. International cooperation.

    [SUBCHAPTER I--STATE GRANTS AND OTHER COMMERCIAL MOTOR VEHICLE 
                               PROGRAMS]

SUBCHAPTER I--GENERAL AUTHORITY AND STATE GRANTS

           *       *       *       *       *       *       *

Sec. 31102. Grants to States

  (a)  * * *
  (b) State Plan Procedures and Contents.--(1) The Secretary 
shall prescribe procedures for a State to submit a plan under 
which the State agrees to assume responsibility for improving 
motor carrier safety and to adopt and enforce regulations, 
standards, and orders of the Government on commercial motor 
vehicle safety, hazardous materials transportation safety, or 
compatible State regulations, standards, and orders. The 
Secretary shall approve the plan if the Secretary decides the 
plan is adequate to promote the objectives of this section and 
the plan--
          [(A) implements performance-based activities by 
        fiscal year 2000;]
          (A) implements performance-based activities, 
        including deployment of technology to enhance the 
        efficiency and effectiveness of commercial motor 
        vehicle safety programs;

           *       *       *       *       *       *       *

          [(Q) provides that the State will establish a program 
        to ensure the proper and timely correction of 
        commercial motor vehicle safety violations noted during 
        an inspection carried out with funds authorized under 
        section 31104;]
          (Q) provides that the State has established a program 
        to ensure accurate, complete, and timely motor carrier 
        safety data is collected and reported to the Secretary 
        and that the State will participate in a national motor 
        carrier safety data correction system prescribed by the 
        Secretary;
          (R) ensures that the State will cooperate in the 
        enforcement of registration requirements under section 
        13902 and financial responsibility requirements under 
        sections 13906, 31138, and 31139 and regulations issued 
        thereunder;
          (S) ensures consistent, effective, and reasonable 
        sanctions; [and]
          (T) ensures that roadside inspections will be 
        conducted at a location that is adequate to protect the 
        safety of drivers and enforcement personnel[.];
          (U) provides that the State will include in the 
        training manual for the licensing examination to drive 
        a noncommercial motor vehicle and a commercial motor 
        vehicle, information on best practices for driving 
        safely in the vicinity of commercial motor vehicles and 
        in the vicinity of noncommercial motor vehicles, 
        respectively;
          (V) provides that the State will enforce the 
        registration requirements of section 13902 by 
        prohibiting the operation of any vehicle discovered to 
        be operated by a motor carrier without a registration 
        issued under such section or to be operating beyond the 
        scope of such registration; and
          (W) provides that the State will conduct 
        comprehensive and highly visible traffic enforcement 
        and commercial motor vehicle safety inspection programs 
        in high-risk locations and corridors.
  (3) In estimating the average level of State expenditure 
under paragraph [(1)(D)] (1)(E) of this subsection, the 
Secretary--
          (A) * * *

           *       *       *       *       *       *       *

  [(c) Use of Grants to Enforce Other Laws.--A State may use 
amounts received under a grant under subsection (a) of this 
section for the following activities if the activities are 
carried out in conjunction with an appropriate inspection of 
the commercial motor vehicle to enforce Government or State 
commercial motor vehicle safety regulations:
          [(1) enforcement of commercial motor vehicle size and 
        weight limitations at locations other than fixed weight 
        facilities, at specific locations such as steep grades 
        or mountainous terrains where the weight of a 
        commercial motor vehicle can significantly affect the 
        safe operation of the vehicle, or at ports where 
        intermodal shipping containers enter and leave the 
        United States.
          [(2) detection of the unlawful presence of a 
        controlled substance (as defined under section 102 of 
        the Comprehensive Drug Abuse Prevention and Control Act 
        of 1970 (21 U.S.C. 802)) in a commercial motor vehicle 
        or on the person of any occupant (including the 
        operator) of the vehicle.
          [(3) enforcement of State traffic laws and 
        regulations designed to promote the safe operation of 
        commercial motor vehicles.]
  (c) Use of Grants to Enforce Other Laws.--A State may use 
amounts received under a grant under subsection (a)--
          (1) for the following activities if the activities 
        are carried out in conjunction with an appropriate 
        inspection of the commercial motor vehicle to enforce 
        Government or State commercial motor vehicle safety 
        regulations:
                  (A) enforcement of commercial motor vehicle 
                size and weight limitations at locations other 
                than fixed weight facilities, at specific 
                locations such as steep grades or mountainous 
                terrains where the weight of a commercial motor 
                vehicle can significantly affect the safe 
                operation of the vehicle, or at ports where 
                intermodal shipping containers enter and leave 
                the United States; and
                  (B) detection of the unlawful presence of a 
                controlled substance (as defined under section 
                102 of the Comprehensive Drug Abuse Prevention 
                and Control Act of 1970 (21 U.S.C. 802)) in a 
                commercial motor vehicle or on the person of 
                any occupant (including the operator) of the 
                vehicle; and
          (2) for documented enforcement of State traffic laws 
        and regulations designed to promote the safe operation 
        of commercial motor vehicles, including documented 
        enforcement of such laws and regulations relating to 
        noncommercial motor vehicles when necessary to promote 
        the safe operation of commercial motor vehicles if the 
        number of roadside safety inspections conducted in the 
        State is maintained at a level at least equal to the 
        average number conducted in the State in fiscal years 
        2001, 2002, and 2003; except that the State may not use 
        more than 5 percent of the aggregate amount the State 
        receives under the grant under subsection (a) for 
        enforcement activities relating to noncommercial motor 
        vehicles described in this paragraph.

           *       *       *       *       *       *       *

  (e) Annual Report.--The Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science and 
Transportation of the Senate an annual report that describes 
the effect of activities carried out with funds from grants 
made under this section on commercial motor vehicle safety.

Sec. 31103. United States Government's share of costs

  (a) Commercial Motor Vehicle Safety Programs and 
Enforcement.--The Secretary of Transportation shall reimburse a 
State, from a grant made under this subchapter, an amount that 
is not more than 80 percent of the costs incurred by the State 
in a fiscal year in developing and implementing programs to 
improve commercial motor vehicle safety and enforce commercial 
motor vehicle regulations, standards, or orders adopted under 
this subchapter or subchapter II of this chapter. In 
determining those costs, the Secretary shall include in-kind 
contributions by the State. Amounts of the State and its 
political subdivisions required to be expended under section 
31102(b)[(1)(D)] (1)(E) of this title may not be included as 
part of the share not provided by the United States Government. 
The Secretary may allocate among the States whose applications 
for grants have been approved those amounts appropriated for 
grants to support those programs, under criteria that may be 
established.

           *       *       *       *       *       *       *

Sec. 31104. Availability of amounts

  [(a) In General.--The following amounts are made available 
from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to incur 
obligations to carry out section 31102:
          [(1) Not more than $79,000,000 for fiscal year 1998.
          [(2) Not more than $90,000,000 for fiscal year 1999.
          [(3) Not more than $95,000,000 for fiscal year 2000.
          [(4) Not more than $100,000,000 for fiscal year 2001.
          [(5) Not more than $105,000,000 for fiscal year 2002.
          [(6) Not more than $110,000,000 for fiscal year 2003.
          [(7) Not more than $169,000,000 for fiscal year 2004.
          [(8) Not more than $112,512,329 for the period of 
        October 1, 2004, through May 31, 2005.]
  (a) In General.--Subject to subsection (f), there are 
authorized to be appropriated from the Highway Trust Fund 
(other than the Mass Transit Account) to carry out section 
31102--
          (1) $188,852,000 for fiscal year 2004;
          (2) $188,480,000 for fiscal year 2005;
          (3) $188,000,000 for fiscal year 2006;
          (4) $197,000,000 for fiscal year 2007;
          (5) $202,000,000 for fiscal year 2008; and
          (6) $209,000,000 for fiscal year 2009.

           *       *       *       *       *       *       *

  (f) Allocation Criteria and Eligibility.--
          (1) In general.--On October 1 of each fiscal year or 
        as soon after that date as practicable and after making 
        the [deduction under subsection (e)] deductions under 
        subsection (e) and paragraphs (2) and (3), the 
        Secretary shall allocate amounts made available to 
        carry out section 31102 for such fiscal year among the 
        States with plans approved under section 31102. Such 
        allocation shall be made under such criteria as the 
        Secretary prescribes by regulation.
          (2) High-priority [and border activities.--
                  [(A) High-priority activities and projects.--
                The Secretary may designate up to 5 percent] 
                activities.--The Secretary may designate up to 
                10 percent of amounts available for allocation 
                under paragraph (1) for States, local 
                governments, and other persons for carrying out 
                high priority activities and projects that 
                improve commercial motor vehicle safety and 
                compliance with commercial motor vehicle safety 
                regulations, including activities and projects 
                that are national in scope, increase public 
                awareness and education, [or] demonstrate new 
                technologies, or improve the quality and 
                accuracy of data provided by the State. The 
                amounts designated under this subparagraph 
                shall be allocated by the Secretary to State 
                agencies, local governments, and other persons 
                that use and train qualified officers and 
                employees in coordination with State motor 
                vehicle safety agencies.
                  [(B) Border commercial motor vehicle safety 
                and enforcement programs.--The Secretary may 
                designate up to 5 percent of amounts available 
                for allocation under paragraph (1) for States, 
                local governments, and other persons for 
                carrying out border commercial motor vehicle 
                safety programs and enforcement activities and 
                projects. The amounts designated under this 
                subparagraph shall be allocated by the 
                Secretary to State agencies, local governments, 
                and other persons that use and train qualified 
                officers and employees in coordination with 
                State motor vehicle safety agencies.]

           *       *       *       *       *       *       *

          (3) New entrant audits.--The Secretary may deduct up 
        to $15,000,000 of the amounts available under 
        subsection (a) for a fiscal year for audits of new 
        entrant motor carriers under section 31144(g).

           *       *       *       *       *       *       *

  (i) Administrative Expenses.--
          (1) Authorization of appropriations.--There are 
        authorized to be appropriated from the Highway Trust 
        Fund (other than the Mass Transit Account) for the 
        Secretary of Transportation to pay administrative 
        expenses of the Federal Motor Carrier Safety 
        Administration--
                  (A) $173,450,000 for fiscal year 2004;
                  (B) $254,849,000 for fiscal year 2005;
                  (C) $215,000,000 for fiscal year 2006;
                  (D) $230,000,000 for fiscal year 2007;
                  (E) $234,000,000 for fiscal year 2008; and
                  (F) $240,000,000 for fiscal year 2009.
          (2) Use of funds.--The funds authorized by this 
        subsection shall be used for personnel costs; 
        administrative infrastructure; rent; information 
        technology; programs for research and technology, 
        information management, regulatory development 
        (including a medical review board), the administration 
        of the performance and registration information system 
        management, and outreach and education; other operating 
        expenses; and such other expenses as may from time to 
        time become necessary to implement statutory mandates 
        of the Administration not funded from other sources.
          (3) Period of availability.--The amounts made 
        available under this section shall remain available 
        until expended.
          (4) Initial date of availability.--Authorizations 
        from the Highway Trust Fund (other than the Mass 
        Transit Account) to carry out subtitle IV, part B, and 
        subtitle VI, part B, of this title, or the provisions 
        of title IV of the Transportation Equity Act: A Legacy 
        for Users, shall be available for obligation on the 
        date of their apportionment or allocation or on October 
        1 of the fiscal year for which they are authorized, 
        whichever occurs first.
          (5) Contract authority.--Approval by the Secretary of 
        a grant with funds made available under paragraph (4) 
        imposes upon the United States a contractual obligation 
        for payment of the Government's share of costs incurred 
        in carrying out the objectives of the grant.

           *       *       *       *       *       *       *

Sec. 31106. Information systems

  (a) Information Systems and Data Analysis.--
          (1)  * * *

           *       *       *       *       *       *       *

          (3) Data analysis capacity and programs.--The 
        Secretary shall develop and maintain under this section 
        data analysis capacity and programs that provide the 
        means to--
                  (A)  * * *

           *       *       *       *       *       *       *

                  (D) determine the cost-effectiveness of 
                Federal and State safety compliance and 
                enforcement programs and other countermeasures; 
                [and]
                  (E) adapt, improve, and incorporate other 
                information and information systems as the 
                Secretary determines appropriate[.];
                  (F) ensure, to the maximum extent practical, 
                all the data is complete, timely, and accurate 
                across all information systems and initiatives; 
                and
                  (G) establish and implement a national motor 
                carrier safety data correction system.

           *       *       *       *       *       *       *

  (b) Performance and Registration Information 
Program.--
          (1)  * * *
          [(2) Design.--The program shall link Federal motor 
        carrier safety information systems with State driver 
        and commercial vehicle registration and licensing 
        systems and shall be designed to enable a State to--
                  [(A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  [(B) decide, in cooperation with the 
                Secretary, whether and what types of sanctions 
                or operating limitations to impose on the motor 
                carrier or registrant to ensure safety.
          [(3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  [(A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4); and
                  [(B) possess or seek authority to impose 
                commercial motor vehicle registration sanctions 
                on the basis of a Federal safety fitness 
                determination.
          [(4) Funding.--The Secretary may make available up to 
        50 percent of the amounts available to carry out this 
        section by section 31107 in each of fiscal years 1998, 
        1999, 2000, 2001, 2002, and 2003 to carry out this 
        subsection. The Secretary is encouraged to direct no 
        less than 80 percent of amounts made available to carry 
        out this subsection to States that have not previously 
        received financial assistance to develop or implement 
        the information systems authorized by this section.]
          (2) Design.--The program shall link Federal motor 
        carrier safety information systems with State 
        commercial vehicle registration and licensing systems 
        and shall be designed to enable a State to--
                  (A) determine the safety fitness of a motor 
                carrier or registrant when licensing or 
                registering the registrant or motor carrier or 
                while the license or registration is in effect; 
                and
                  (B) deny, suspend, or revoke the commercial 
                motor vehicle registrations of a motor carrier 
                or registrant that has been issued an 
                operations out-of-service order by the 
                Secretary.
          (3) Conditions for participation.--The Secretary 
        shall require States, as a condition of participation 
        in the program, to--
                  (A) comply with the uniform policies, 
                procedures, and technical and operational 
                standards prescribed by the Secretary under 
                subsection (a)(4); and
                  (B) possess or seek the authority to deny, 
                suspend, or revoke commercial motor vehicle 
                registrations based on the issuance of an 
                operations out-of-service order by the 
                Secretary.

           *       *       *       *       *       *       *

[Sec. 31107. Contract authority funding for information systems

  [(a) Funding.--There shall be available from the Highway 
Trust Fund (other than the Mass Transit Account) to carry out 
sections 31106 and 31309 of this title--
          [(1) $6,000,000 for fiscal year 1998;
          [(2) $10,000,000 for each of fiscal years 1999 and 
        2000;
          [(3) $12,000,000 for each of fiscal years 2001 
        through 2002;
          [(4) $15,000,000 for fiscal year 2003;
          [(5) $20,000,000 for the fiscal year 2004; and
          [(6) $13,315,068 for the period of October 1, 2004 
        through May 31, 2005.
The amounts made available under this subsection shall remain 
available until expended.
  [(b) Contract Authority.--Approval by the Secretary of a 
grant with funds made available under this section imposes upon 
the United States Government a contractual obligation for 
payment of the Government's share of costs incurred in carrying 
out the objectives of the grant.
  [(c) Emergency CDL Grants.--From amounts made available by 
subsection (a) for a fiscal year, the Secretary of 
Transportation may make a grant of up to $1,000,000 to a State 
whose commercial driver's license program may fail to meet the 
compliance requirements of section 31311(a).

[Sec. 31108. Authorization of appropriations

  [Not more than $--------- may be appropriated to the 
Secretary of Transportation for the fiscal year ending 
September 30, 19--, to carry out the safety duties and powers 
of the Federal Highway Administration.]

Sec. 31107. Border enforcement grants

  (a) General Authority.--The Secretary of Transportation may 
make a grant in a fiscal year to a State that shares a land 
border with another country for carrying out border commercial 
motor vehicle safety programs and related enforcement 
activities and projects.
  (b) Maintenance of Expenditures.--The Secretary may make a 
grant to a State under this section only if the State agrees 
that the total expenditure of amounts of the State and 
political subdivisions of the State, exclusive of amounts from 
the United States, for carrying out border commercial motor 
vehicle safety programs and related enforcement activities and 
projects will be maintained at a level at least equal to the 
average level of that expenditure by the State and political 
subdivisions of the State for the last 2 fiscal years of the 
State ending before the date of enactment of the Transportation 
Equity Act: A Legacy for Users.
  (c) Governments Share of Costs.--The Secretary shall 
reimburse a State under a grant made under this section an 
amount that is not more than 100 percent of the costs incurred 
by the State in a fiscal year for carrying out border 
commercial motor vehicle safety programs and related 
enforcement activities and projects.
  (d) Availability and Reallocation of Amounts.--Allocations to 
a State remain available for expenditure in the State for the 
fiscal year in which they are allocated and for the next fiscal 
year. Amounts not expended by a State during those 2 fiscal 
years are available to the Secretary for reallocation under 
this section.

Sec. 31108. Motor carrier research and technology program

  (a) Research, Technology, and Technology Transfer 
Activities.--
          (1) Establishment.--The Secretary of Transportation 
        shall establish and carry out a motor carrier research 
        and technology program.
          (2) Multiyear plan.--The program must include a 
        multi-year research plan that focuses on nonredundant 
        innovative research.
          (3) Research, development, and technology transfer 
        activities.--The Secretary may carry out under the 
        program research, development, technology, and 
        technology transfer activities with respect to--
                  (A) the causes of accidents, injuries, and 
                fatalities involving commercial motor vehicles;
                  (B) means of reducing the number and severity 
                of accidents, injuries, and fatalities 
                involving commercial motor vehicles;
                  (C) improving commercial motor vehicle and 
                motor carrier safety, and industry efficiency, 
                through technological improvement;
                  (D) improving technology used by enforcement 
                officers when conducting roadside inspections 
                and compliance reviews to increase efficiency 
                and information transfers; and
                  (E) increasing the safety and security of 
                hazardous materials transportation.
          (4) Tests and development.--The Secretary may test, 
        develop, or assist in testing and developing any 
        material, invention, patented article, or process 
        related to the research and technology program.
          (5) Training.--The Secretary may use the funds made 
        available to carry out this section for training or 
        education of commercial motor vehicle safety personnel, 
        including training in accident reconstruction and 
        detection of controlled substances or other contraband 
        and stolen cargo or vehicles.
          (6) Procedures.--The Secretary may carry out this 
        section--
                  (A) independently;
                  (B) in cooperation with other Federal 
                departments, agencies, and instrumentalities 
                and Federal laboratories; or
                  (C) by making grants to, or entering into 
                contracts, cooperative agreements, and other 
                transactions with, any Federal laboratory, 
                State agency, authority, association, 
                institution, for-profit or nonprofit 
                corporation, organization, foreign country, or 
                person.
          (7) Development and promotion of use of products.--
        The Secretary shall use funds made available to carry 
        out this section to develop, administer, communicate, 
        and promote the use of products of research, 
        technology, and technology transfer programs under this 
        section.
  (b) Collaborative Research and Development.--
          (1) In general.--To advance innovative solutions to 
        problems involving commercial motor vehicle and motor 
        carrier safety, security, and efficiency, and to 
        stimulate the deployment of emerging technology, the 
        Secretary may carry out, on a cost-shared basis, 
        collaborative research and development with--
                  (A) non-Federal entities, including State and 
                local governments, foreign governments, 
                colleges and universities, corporations, 
                institutions, partnerships, and sole 
                proprietorships that are incorporated or 
                established under the laws of any State; and
                  (B) Federal laboratories.
          (2) Cooperative agreements.--In carrying out this 
        subsection, the Secretary may enter into cooperative 
        research and development agreements (as defined in 
        section 12 of the Stevenson-Wydler Technology 
        Innovation Act of 1980 (15 U.S.C. 3710a)).
          (3) Cost sharing.--
                  (A) Federal share.--The Federal share of the 
                cost of activities carried out under a 
                cooperative research and development agreement 
                entered into under this subsection shall not 
                exceed 50 percent; except that, if there is 
                substantial public interest or benefit 
                associated with any such activity, the 
                Secretary may approve a greater Federal share.
                  (B) Treatment of directly incurred non-
                federal costs.--All costs directly incurred by 
                the non-Federal partners, including personnel, 
                travel, and hardware or software development 
                costs, shall be credited toward the non-Federal 
                share of the cost of the activities described 
                in subparagraph (A).
          (4) Use of technology.--The research, development, or 
        use of a technology under a cooperative research and 
        development agreement entered into under this 
        subsection, including the terms under which the 
        technology may be licensed and the resulting royalties 
        may be distributed, shall be subject to the Stevenson-
        Wydler Technology Innovation Act of 1980 (15 U.S.C. 
        3701 et seq.).

Sec. 31109. Performance and registration information system management

  (a) In General.--The Secretary of Transportation may make a 
grant to a State to implement the performance and registration 
information system management requirements of section 31106(b).
  (b) Availability of Amounts.--Amounts made available to a 
State under this section shall remain available until expended.

           *       *       *       *       *       *       *

              SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS

Sec. 31111. Length limitations

  (a) Definitions.--In this section, the following definitions 
apply:
          (1)  * * *

           *       *       *       *       *       *       *

          (4) Drive-away saddlemount with fullmount vehicle 
        transporter combination.--The term ``drive-away 
        saddlemount with fullmount vehicle transporter 
        combination'' means a vehicle combination designed and 
        specifically used to tow up to 3 trucks or truck 
        tractors, each connected by a saddle to the frame or 
        fifth-wheel of the forward vehicle of the truck or 
        truck tractor in front of it.
  (b) General Limitations.--(1) Except as provided in this 
section, a State may not prescribe or enforce a regulation of 
commerce that--
          (A)  * * *

           *       *       *       *       *       *       *

          (D) imposes a vehicle length limitation of not less 
        than or more than 97 feet on a driveaway saddlemount 
        with fullmount vehicle transporter combinations;
          [(D)] (E) has the effect of prohibiting the use of an 
        existing semitrailer or trailer, of not more than 28.5 
        feet in length, in a truck tractor-semitrailer-trailer 
        combination if the semitrailer or trailer was operating 
        lawfully on December 1, 1982, within a 65-foot overall 
        length limit in any State; or
          [(E)] (F) imposes a limitation of less than 46 feet 
        on the distance from the kingpin to the center of the 
        rear axle on trailers used exclusively or primarily in 
        connection with motorsports competition events.

           *       *       *       *       *       *       *

SUBCHAPTER III--SAFETY REGULATION

           *       *       *       *       *       *       *

Sec. 31132. Definitions

  In this subchapter--
          (1) ``commercial motor vehicle'' means a self-
        propelled or towed vehicle (including intermodal 
        equipment, including trailers, chassis and associated 
        devices, commonly used for the transportation of 
        intermodal freight via highway) used on the highways in 
        interstate commerce to transport passengers or 
        property, if the vehicle--
                  (A) * * *

           *       *       *       *       *       *       *

Sec. 31135. Duties of employers and employees

  (a) In General.--Each employer and employee shall comply with 
regulations on commercial motor vehicle safety prescribed by 
the Secretary of Transportation under this subchapter that 
apply to the employer's or employee's conduct.
  (b) Pattern of Noncompliance.--If the Secretary finds that an 
officer of a motor carrier engages or has engaged in a pattern 
or practice of avoiding compliance, or masking or otherwise 
concealing noncompliance, with regulations on commercial motor 
vehicle safety prescribed under this subchapter, while serving 
as an officer of any motor carrier, the Secretary may suspend, 
amend, or revoke any part of the motor carrier's registration 
under section 13905.
  (c) Regulations.--The Secretary shall by regulation establish 
standards to implement subsection (b).
  (d) Definitions.--In this section, the following definitions 
apply:
          (1) Motor carrier.--The term ``motor carrier'' has 
        the meaning such term has under section 13102.
          (2) Officer.--The term ``officer'' means an owner, 
        director, chief executive officer, chief operating 
        officer, chief financial officer, safety director, 
        vehicle maintenance supervisor, and driver supervisor 
        of a motor carrier, regardless of the title attached to 
        those functions, and any person, however designated, 
        exercising controlling influence over the operations of 
        a motor carrier.

           *       *       *       *       *       *       *

Sec. 31136. United States Government regulations

  (a) * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

Sec. 31138. Minimum financial responsibility for transporting 
                    passengers

  (a)  * * *

           *       *       *       *       *       *       *

  (d) Civil Penalty.--(1)  * * *

           *       *       *       *       *       *       *

  (5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the [Treasury as miscellaneous 
receipts] Highway Trust Fund (other than the Mass Transit 
Account).

           *       *       *       *       *       *       *

Sec. 31139. Minimum financial responsibility for transporting property

  (a)  * * *

           *       *       *       *       *       *       *

  (f) Civil Penalty.--(1)  * * *

           *       *       *       *       *       *       *

  (5) The amount of the penalty may be deducted from amounts 
the Government owes the person. An amount collected under this 
section shall be deposited in the [Treasury as miscellaneous 
receipts] Highway Trust Fund (other than the Mass Transit 
Account).

           *       *       *       *       *       *       *

Sec. 31144. Safety fitness of owners and operators

  [(a) In General.--The Secretary shall--
          [(1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles;
          [(2) periodically update such safety fitness 
        determinations;
          [(3) make such final safety fitness determinations 
        readily available to the public; and
          [(4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.]
  (a) In General.--The Secretary shall--
          (1) determine whether an owner or operator is fit to 
        operate safely commercial motor vehicles, utilizing 
        among other things the accident record of an owner or 
        operator operating in interstate commerce and the 
        accident record and safety inspection record of such 
        owner or operator in operations that affect interstate 
        commerce;
          (2) periodically update such safety fitness 
        determinations;
          (3) make such final safety fitness determinations 
        readily available to the public; and
          (4) prescribe by regulation penalties for violations 
        of this section consistent with section 521.

           *       *       *       *       *       *       *

  (c) Prohibited Transportation.--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) Transportation affecting interstate commerce.--
        Owners or operators of commercial motor vehicles 
        prohibited from operating in interstate commerce 
        pursuant to paragraphs (1) through (3) may not operate 
        any commercial motor vehicle that affects interstate 
        commerce until the Secretary determines that such owner 
        or operator is fit.
  (d) Determination of Unfitness by a State.--If a State that 
receives a grant under section 31102 determines, by applying 
the standards prescribed by the Secretary under subsection (b), 
that an owner or operator of commercial motor vehicles that has 
its principal place of business in that State and operates in 
intrastate commerce is unfit under such standards and prohibits 
the owner or operator from operating such vehicles in the 
State, the Secretary shall prohibit the owner or operator from 
operating such vehicles in interstate commerce until the State 
determines that the owner or operator is fit.
  [(d)] (e) Review of Fitness Determinations.--
          (1) * * *

           *       *       *       *       *       *       *

  [(e)] (f) Prohibited Government Use.--A department, agency, 
or instrumentality of the United States Government may not use 
to provide any transportation service an owner or operator who 
the Secretary has determined is not fit until the Secretary 
determines such owner or operator is fit.

           *       *       *       *       *       *       *

  [(c)] (g) Safety Reviews of New Operators.--
          (1)  * * *

           *       *       *       *       *       *       *

          (5) Grants for audits.--From amounts deducted under 
        section 31104(f)(3), the Secretary may make grants to 
        States and local governments for new entrant motor 
        carrier audits under this subsection without requiring 
        a matching contribution from such States or local 
        governments.
          (6) DOT audits.--If the Secretary determines that a 
        State or local government is unable to use government 
        employees to conduct new entrant motor carrier audits, 
        the Secretary may utilize the funds deducted under 
        section 31104(f)(3) to conduct such audits in areas 
        under the jurisdiction of such State or local 
        government.

           *       *       *       *       *       *       *

                      SUBCHAPTER IV--MISCELLANEOUS

Sec. 31161. International cooperation

  The Secretary of Transportation is authorized to use funds 
made available by section 31104(i) to participate and cooperate 
in international activities to enhance motor carrier, driver, 
and highway safety by such means as exchanging information, 
conducting research, and examining needs, best practices, and 
new technology.

            CHAPTER 313--COMMERCIAL MOTOR VEHICLE OPERATORS

Sec.
31301.  Definitions.
     * * * * * * *
[31313.  [Repealed.]]
31313.  Grants for commercial driver's license program improvements.

           *       *       *       *       *       *       *

Sec. 31310. Disqualifications

  (a)  * * *

           *       *       *       *       *       *       *

  (i) Out-of-Service Orders.--(1)  * * *

           *       *       *       *       *       *       *

  (2) [Not later than December 18, 1992, the] The Secretary 
shall prescribe regulations establishing sanctions and 
penalties related to violations of out-of-service orders by 
individuals operating commercial motor vehicles. The 
regulations shall require at least that--
          (A) an operator of a commercial motor vehicle found 
        to have committed a first violation of an out-of-
        service order shall be disqualified from operating such 
        a vehicle for at least [90 days] 180 days and liable 
        for a civil penalty of at least [$1,000] $2,500;
          (B) an operator of a commercial motor vehicle found 
        to have committed a 2d violation of an out-of-service 
        order shall be disqualified from operating such a 
        vehicle for at least [one year] 2 years and not more 
        than 5 years and liable for a civil penalty of at least 
        [$1,000; and] $5,000;
          (C) an employer that knowingly allows or requires an 
        employee to operate a commercial motor vehicle in 
        violation of an out-of-service order shall be liable 
        for a civil penalty of not more than [$10,000.] 
        $25,000; and
          (D) an employer that knowingly and willfully allows 
        or requires an employee to operate a commercial motor 
        vehicle in violation of an out-of-service order shall, 
        upon conviction, be subject for each offense to 
        imprisonment for a term not to exceed one year or a 
        fine under title 18, or both.

           *       *       *       *       *       *       *

Sec. 31313. Grants for commercial driver's license program improvements

  (a) Grants for Commercial Driver's License Program 
Improvements.--
          (1) General authority.--The Secretary of 
        Transportation may make a grant to a State in a fiscal 
        year--
                  (A) to comply with the requirements of 
                section 31311; and
                  (B) in the case of a State that is in 
                substantial compliance with the requirements of 
                section 31311 and this section, to improve its 
                implementation of its commercial driver's 
                license program.
          (2) Purposes for which grants may be used.--A State 
        may use grants under paragraphs (1)(A) and (1)(B) only 
        for expenses directly related to its compliance with 
        section 31311; except that a grant under paragraph 
        (1)(B) may be used for improving implementation of the 
        State's commercial driver's license program, including 
        expenses for computer hardware and software, 
        publications, testing, personnel, training, and quality 
        control. The grant may not be used to rent, lease, or 
        buy land or buildings.
          (3) Application.--In order to receive a grant under 
        this section, a State must submit an application for 
        such grant that is in such form, and contains such 
        information, as the Secretary may require. The 
        application shall include the State's assessment of its 
        commercial drivers license program.
          (4) Maintenance of expenditures.--The Secretary may 
        make a grant to a State under this subsection only if 
        the State agrees that the total expenditure of amounts 
        of the State and political subdivisions of the State, 
        exclusive of amounts from the United States, for the 
        State's commercial driver's license program will be 
        maintained at a level at least equal to the average 
        level of that expenditure by the State and political 
        subdivisions of the State for the last 2 fiscal years 
        of the State ending before the date of enactment of the 
        Transportation Equity Act: A Legacy for Users.
          (5) Government share.--The Secretary shall reimburse 
        a State under a grant made under this subsection an 
        amount that is not more than 80 percent of the costs 
        incurred by the State in a fiscal year in complying 
        with section 31311 and improving its implementation of 
        its commercial driver's license program. In determining 
        such costs, the Secretary shall include in-kind 
        contributions by the State. Amounts required to be 
        expended by the State under paragraph (4) may not be 
        included as part of the non-Federal share of such 
        costs.
  (b) High-Priority Activities.--
          (1) Grants for national concerns.--The Secretary may 
        make a grant to a State agency, local government, or 
        other person for 100 percent of the costs of research, 
        development, demonstration projects, public education, 
        and other special activities and projects relating to 
        commercial driver licensing and motor vehicle safety 
        that are of benefit to all jurisdictions of the United 
        States or are designed to address national safety 
        concerns and circumstances.
          (2) Funding.--The Secretary may deduct up to 10 
        percent of the amounts made available to carry out this 
        section for a fiscal year to make grants under this 
        subsection.

Sec. 31314. Withholding amounts for State noncompliance

  (a) First Fiscal Year.--The Secretary of Transportation shall 
withhold up to 5 percent of the amount required to be 
apportioned to a State under section 104(b)(1), (3), and (4) of 
title 23 on the first day of the fiscal year after the first 
fiscal year beginning after September 30, 1992, throughout 
which the State does not comply substantially with a 
requirement of section 31311(a) of this title.
  (b) Second Fiscal Year.--The Secretary shall withhold up to 
10 percent of the amount required to be apportioned to a State 
under section 104(b)(1), (3), and (4) of title 23 on the first 
day of each fiscal year after the 2d fiscal year beginning 
after September 30, 1992, throughout which the State does not 
comply substantially with a requirement of section 31311(a) of 
this title.

           *       *       *       *       *       *       *

CHAPTER 315--MOTOR CARRIER SAFETY

           *       *       *       *       *       *       *

Sec. 31502. Requirements for qualifications, hours of service, safety, 
                    and equipment standards

  (a)  * * *

           *       *       *       *       *       *       *

  (e) Exception.--
          (1)  * * *
          (2) Declaration of emergency.--An elected State or 
        local government official or elected officials of more 
        than one State or local government jointly may issue an 
        emergency declaration for purposes of paragraph (1) 
        after notice to the [Regional Director of the Federal 
        Highway Administration] Field Administrator of the 
        Federal Motor Carrier Safety Administration with 
        jurisdiction over the area covered by the declaration.
          (3) Incident report.--Within 30 days after the end of 
        the declared emergency period the official who issued 
        the emergency declaration shall file with the [Regional 
        Director] Field Administrator a report of each safety-
        related incident or accident that occurred during the 
        emergency period involving--
                  (A)  * * *

           *       *       *       *       *       *       *

                              ----------                              

INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991

           *       *       *       *       *       *       *

                    TITLE I--SURFACE TRANSPORTATION

Part A--Title 23 Programs

           *       *       *       *       *       *       *

SEC. 1012. TOLL ROADS, BRIDGES, AND TUNNELS.

           *       *       *       *       *       *       *

  (b) [Value Pricing] Congestion Pricing Pilot Program.--[(1) 
The Secretary shall solicit the participation of State and 
local governments and public authorities for one or more value 
pricing pilot programs. The Secretary may enter into 
cooperative agreements with as many as 15 such State or local 
governments or public authorities to establish, maintain, and 
monitor value pricing programs.]
          (1) Establishment.--
                  (A) In general.--The Secretary may enter into 
                cooperative agreements with State and local 
                governments to carry out not more than 25 
                congestion pricing pilot projects.
                  (B) Previously approved projects.--Projects 
                carried out under paragraph (1) shall include 
                each project approved under this subsection 
                before the date of enactment of the 
                Transportation Equity Act: A Legacy for Users 
                and under which highway tolls are being 
                collected as of such date of enactment.
  [(2) Notwithstanding]
          (2) Federal share; eligible costs.--Notwithstanding 
        section 129 of title 23, United States Code, the 
        Federal share payable for such [programs] projects 
        shall be 80 percent. The Secretary shall fund all 
        preimplementation costs and project design, and all of 
        the development and other start up costs of such 
        projects, including salaries and expenses, for a period 
        of at least 1 year, and thereafter until such time that 
        sufficient revenues are being generated by the 
        [program] project to fund its operating costs without 
        Federal participation, except that the Secretary may 
        not fund the preimplementation or implementation costs 
        of any project for more than 3 years.
  [(3) Revenues]
          (3) Use of revenues.--Revenues generated by any pilot 
        project under this subsection must be applied to 
        projects eligible under such title.
  [(4) Notwithstanding]
          (4) Use of tolls on interstate system.--
        Notwithstanding sections 129 and 301 of title 23, 
        United States Code, the Secretary shall allow the use 
        of tolls on the Interstate System as part of any [value 
        pricing pilot program] congestion pricing pilot project 
        under this subsection.
  [(5) The Secretary]
          (5) Monitoring.--The Secretary shall monitor the 
        effect of such [programs] projects for a period of at 
        least 10 years, and shall report to the Committee on 
        Environment and Public Works of the Senate and the 
        Committee on Transportation and Infrastructure of the 
        House of Representatives every 2 years on the effects 
        such [programs] projects are having on driver behavior, 
        traffic volume, transit ridership, air quality, and 
        availability of funds for transportation programs.
          (6) HOV passenger requirements.--Notwithstanding 
        section 102(a) of title 23, United States Code, a State 
        may permit vehicles with fewer than 2 occupants to 
        operate in high occupancy vehicle lanes if the vehicles 
        are part of a [value pricing pilot program] congestion 
        pricing pilot project under this subsection.
          [(7) Financial effects on low-income drivers.--Any 
        value pricing pilot program under this subsection shall 
        include, if appropriate, an analysis of the potential 
        effects of the pilot program on low-income drivers and 
        may include mitigation measures to deal with any 
        potential adverse financial effects on low-income 
        drivers.]
          (7) Reduced tolls for low-income drivers.--Any 
        congestion pricing pilot project carried out under this 
        subsection that involves the collection of highway 
        tolls shall include a program to permit low-income 
        drivers to pay a reduced toll amount.
          (8) Funding.--
                  (A) * * *

           *       *       *       *       *       *       *

                  (D) Set-aside for projects not involving 
                highway tolls.--Of the amounts made available 
                to carry out this subsection, $3,000,000 per 
                fiscal year shall be available only for 
                congestion pricing pilot projects that do not 
                involve highway tolls.

           *       *       *       *       *       *       *

SEC. 1023. GROSS VEHICLE WEIGHT RESTRICTION.

  (a) * * *

           *       *       *       *       *       *       *

  (h) Over-the-Road Buses and Public Transit Vehicles.--
          (1) Temporary exemption.--The second sentence of 
        section 127 of title 23, United States Code, relating 
        to axle weight limitations for vehicles using the 
        Dwight D. Eisenhower System of Interstate and Defense 
        Highways, shall not apply, for the period beginning on 
        October 6, 1992, and ending on October 1, [2005] 2009, 
        to--
                  (A) * * *

           *       *       *       *       *       *       *

SEC. 1105. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Identification of High Priority Corridors on National 
Highway System.--The following are high priority corridors on 
the National Highway System:
          (1) * * *

           *       *       *       *       *       *       *

          (23) The Interstate Route 35 Corridor from Laredo, 
        Texas, through Oklahoma City, Oklahoma, to Wichita, 
        Kansas, to Kansas City, Kansas/Missouri, to Des Moines, 
        Iowa, to Minneapolis, Minnesota, to Duluth, Minnesota, 
        including I-29 between Kansas City and the Canadian 
        border 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.

           *       *       *       *       *       *       *

          [(34) The Alameda Corridor East and Southwest 
        Passage, California. The Alameda Corridor East is 
        generally described as 52.8 miles from east Los Angeles 
        (terminus of Alameda Corridor) through the San Gabriel 
        Valley terminating at Colton Junction in San 
        Bernardino. The Southwest Passage shall follow I-10 
        from San Bernardino to the Arizona State line and I-8 
        from San Diego to the Arizona State line.]
          (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.

           *       *       *       *       *       *       *

          (45) The United States Route 78 Corridor from 
        Memphis, Tennessee, to Corridor X of the Appalachian 
        development highway system near Fulton, Mississippi, 
        and Corridor X of the Appalachian development highway 
        system extending from near Fulton, Mississippi, to near 
        Birmingham, Alabama.
          (46) Interstate Route 710 between the terminus at 
        Long Beach, California, to California State Route 60.
          (47) Interstate Route 87 from the Quebec border to 
        New York City.
          (48) The Route 50 High Plains Corridor along the 
        United States Route 50 corridor from Newton, Kansas, to 
        Pueblo, Colorado.
          (49) The Atlantic Commerce Corridor on Interstate 
        Route 95 from Jacksonville, Florida, to Miami, Florida.
          (50) The East-West Corridor commencing in Watertown, 
        New York, continuing northeast through New York, 
        Vermont, New Hampshire, and Maine, and terminating in 
        Calais, Maine.
          (51) The SPIRIT Corridor on United States Route 54 
        from El Paso, Texas, through New Mexico, Texas, and 
        Oklahoma to Wichita, Kansas.
          (52) The route in Arkansas running south of and 
        parallel to Arkansas State Highway 226 from the 
        relocation of United States Route 67 to the vicinity of 
        United States Route 49 and United States Route 63.
          (53) United States Highway Route 6 from Interstate 
        Route 70 to Interstate Route 15, Utah.
          (54) The California Farm-to-Market Corridor, 
        California State Route 99 from south of Bakersfield to 
        Sacramento, California.
          (55) In Texas, Interstate Route 20 from Interstate 
        Route 35E in Dallas County, east to the intersection of 
        Interstate Route 635, north to the intersection of 
        Interstate Route 30, northeast through Texarkana to 
        Little Rock, Arkansas, Interstate Route 40 northeast 
        from Little Rock east to the proposed Interstate Route 
        69 corridor.
          (56) In the State of Texas, the La Entrada al 
        Pacifico Corridor consisting of the following highways 
        and any portion of a highway in a corridor on 2 miles 
        of either side of the center line of the highway:
                  (A) State Route 349 from Lamesa to the point 
                on that highway that is closest to 32 degrees, 
                7 minutes, north latitude, by 102 degrees, 6 
                minutes, west longitude.
                  (B) The segment or any roadway extending from 
                the point described by subparagraph (A) to the 
                point on Farm-to-Market Road 1788 closest to 32 
                degrees, 0 minutes, north latitude, by 102 
                degrees, 16 minutes, west longitude.
                  (C) Farm-to-Market Road 1788 from the point 
                described by subparagraph (B) to its 
                intersection with Interstate Route 20.
                  (D) Interstate Route 20 from its intersection 
                with Farm-to-Market Road 1788 to its 
                intersection with United States Route 385.
                  (E) United States Route 385 from Odessa to 
                Fort Stockton, including those portions that 
                parallel United States Route 67 and Interstate 
                Route 10.
                  (F) United States Route 67 from Fort Stockton 
                to Presidio, including those portions that 
                parallel Interstate Route 10 and United States 
                Route 90.
          (57) United States Route 41 corridor between 
        Interstate Route I-94 near Milwaukee and Interstate 
        Route I-43 near Green Bay in the State of Wisconsin.

           *       *       *       *       *       *       *

TITLE III--FEDERAL TRANSIT ACT AMENDMENTS OF 1991

           *       *       *       *       *       *       *

SEC. 3031. NEW JERSEY URBAN CORE PROJECT.

  (a) * * *

           *       *       *       *       *       *       *

  (d) Elements of Urban Core Project.--For the purposes of this 
section, the New Jersey Urban Core Project consists of the 
following elements: Secaucus Transfer (including relocation and 
construction of the Bergen County and Pascack Valley Rail Lines 
and the relocation of the Main/Bergen Connection with 
construction of a rail station and [associated components to 
and at the contiguous New Jersey Meadowlands Sports Complex),] 
to and at the contiguous New Jersey Meadowlands Sports 
Complex), including a connection to the Hudson River Waterfront 
Transportation System, the Lackawanna Cutoff, Kearny 
Connection, Waterfront Connection, Northeast Corridor Signal 
System, Hudson River Waterfront Transportation System 
(including a connection from the Vince Lombardi Station to 
Saddlebrook and Edgewater), restoration of commuter rail 
service along the Northern Branch Line or the West Shore Line, 
Newark-Newark International Airport-Elizabeth Transit Link 
(including construction of an auxiliary New Jersey Light Rail 
Transit station, providing access from the Newark-Newark 
International Airport-Elizabeth Light Rail Transit Link to the 
Newark International Airport), a rail connection between Penn 
Station Newark and Broad Street Station, Newark, New York Penn 
Station Concourse, the restoration of commuter rail service [in 
Lakewood to Freehold to Matawan or Jamesburg, New Jersey, as 
described in section 3035(p) of the Intermodal Surface 
Transportation Efficiency Act of 1991 (105 Stat. 2131)] from 
Lakehurst to the Northeast Corridor or the New Jersey Coast 
Line, a light rail extension of the Newark-Newark International 
Airport-Elizabeth Light Rail Transit Link from Elizabeth, New 
Jersey, to the towns of Cranford, Westfield, Fanwood, and 
Plainfield in Union County, New Jersey, and any appropriate 
light rail connections and alignments within the city of 
Elizabeth to be determined by the city of Elizabeth and the New 
Jersey Department of Transportation (and which shall include 
connecting midtown Elizabeth to Route 1 Park and Ride, the 
Elizabeth Car House Museum, Division Street, Singer Place, 
Ferry Terminal, Jersey Gardens Mall, Elizabeth Port to Lot D at 
Newark Airport) and any appropriate fixed guideway system in 
Passaic County, and the equipment needed to operate revenue 
service associated with improvements made by the project. The 
project includes elements advanced with 100 percent non-Federal 
funds.

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 351 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2001

  [Sec. 351. Notwithstanding any other provision of law, 
beginning in fiscal year 2004, the Secretary shall withhold 2 
percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3), 
and (4) of section 104(b) of title 23, United States Code, if a 
State has not enacted and is not enforcing a provision 
described in section 163(a) of chapter 1 of title 23, United 
States Code, in fiscal year 2005, the Secretary shall withhold 
4 percent of the amount required to be apportioned for Federal-
aid highways to any State under each of paragraphs (1), (3), 
and (4) of section 104(b) of title 23, United States Code, if a 
State has not enacted and is not enforcing a provision 
described in section 163(a) of title 23, United States Code; in 
fiscal year 2006, the Secretary shall withhold 6 percent of the 
amount required to be apportioned for Federal-aid highways to 
any State under each of paragraphs (1), (3), and (4) of section 
104(b) of title 23, United States Code, if a State has not 
enacted and is not enforcing a provision described in section 
163(a) of title 23, United States Code; and beginning in fiscal 
year 2007, and in each fiscal year thereafter, the Secretary 
shall withhold 8 percent of the amount required to be 
apportioned for Federal-aid highways to any State under each of 
paragraphs (1), (3), and (4) of section 104(b) of title 23, 
United States Code, if a State has not enacted and is not 
enforcing a provision described in section 163(a) of title 23, 
United States Code. If within four years from the date the 
apportionment for any State is reduced in accordance with this 
section the Secretary determines that such State has enacted 
and is enforcing a provision described in section 163(a) of 
chapter 1 of title 23, United States Code, the apportionment of 
such State shall be increased by an amount equal to such 
reduction. If at the end of such four-year period, any State 
has not enacted and is not enforcing a provision described in 
section 163(a) of title 23, United States Code, any amounts so 
withheld shall lapse.]

           *       *       *       *       *       *       *

                              ----------                              

 SECTION 124 OF THE TRANSPORTATION, TREASURY, AND INDEPENDENT AGENCIES 
                        APPROPRIATIONS ACT, 2004

(Title I of division F of the Consolidated Appropriations Act, 2004)

           *       *       *       *       *       *       *

  [Sec. 124. Motorist Information Concerning Pharmacy Services. 
(a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall 
amend the Manual on Uniform Traffic Control Devices to include 
a provision permitting information to be provided to motorists 
to assist motorists in locating licensed 24-hour pharmacy 
services open to the public.
  [(b) Logo Panel.--The provision under subsection (a) may 
allow placement of a logo panel that displays information 
disclosing the names or logos of pharmacies described in 
subsection (a) that are located within 3 miles of an 
interchange on the Federal-aid system (as defined in section 
101 of title 23, United States Code).]
                              ----------                              

             SECTION 14102 OF TITLE 4O, UNITED STATES CODE

Sec. 14102. Definitions

  (a) Definitions.--In this subtitle--
          (1) Appalachian region.--The term ``Appalachian 
        region'' means that area of the eastern United States 
        consisting of the following counties (including any 
        political subdivision located within the area):
                  (A) * * *

           *       *       *       *       *       *       *

                  (C) In Kentucky, the counties of Adair, Bath, 
                Bell, Boyd, Breathitt, Carter, Casey, Clark, 
                Clay, Clinton, Cumberland, Edmonson, Elliott, 
                Estill, Fleming, Floyd, Garrard, Green, 
                Greenup, Harlan, Hart, Jackson, Johnson, Knott, 
                Knox, Laurel, Lawrence, Lee, Leslie, Letcher, 
                Lewis, Lincoln, McCreary, Madison, Magoffin, 
                Martin, Menifee, Monroe, Montgomery, Morgan, 
                Nicholas, Owsley, Perry, Pike, Powell, Pulaski, 
                Robertson, Rockcastle, Rowan, Russell, Wayne, 
                Whitley, and Wolfe.

           *       *       *       *       *       *       *

                  (H) In Ohio, the counties of Adams, 
                Ashtabula, Athens, Belmont, Brown, Carroll, 
                Clermont, Columbiana, Coshocton, Fayette, 
                Gallia, Guernsey, Harrison, Highland, Hocking, 
                Holmes, Jackson, Jefferson, Lawrence, Mahoning, 
                Meigs, Monroe, Morgan, Muskingum, Noble, Perry, 
                Pike, Ross, Scioto, Trumbull, Tuscarawas, 
                Vinton, and Washington.

           *       *       *       *       *       *       *

                  (K) In Tennessee, the counties of Anderson, 
                Bledsoe, Blount, Bradley, Campbell, Cannon, 
                Carter, Claiborne, Clay, Cocke, Coffee, 
                Cumberland, De Kalb, Fentress, Franklin, Giles, 
                Grainger, Greene, Grundy, Hamblen, Hamilton, 
                Hancock, Hawkins, Jackson, Jefferson, Johnson, 
                Knox, Lawrence, Lewis, Lincoln, Loudon, McMinn, 
                Macon, Marion, Meigs, Monroe, Morgan, Overton, 
                Pickett, Polk, Putnam, Rhea, Roane, Scott, 
                Sequatchie, Sevier, Smith, Sullivan, Unicoi, 
                Union, Van Buren, Warren, Washington, and 
                White.
                  (L) In Virginia, the counties of Alleghany, 
                Bath, Bland, Botetourt, Buchanan, Carroll, 
                Craig, Dickenson, Floyd, Giles, Grayson, Henry, 
                Highland, Lee, Montgomery, Patrick, Pulaski, 
                Rockbridge, Russell, Scott, Smyth, Tazewell, 
                Washington, Wise, and Wythe.

           *       *       *       *       *       *       *

                              ----------                              

                  SECTION 3 OF THE SMALL BUSINESS ACT

  Sec. 3. (a) * * *

           *       *       *       *       *       *       *

  (p) Definitions Relating to HUBZones.--In this Act:
          (1) * * *

           *       *       *       *       *       *       *

          (4) Qualified areas.--
                  (A) * * *
                  (B) Qualified nonmetropolitan county.--The 
                term ``qualified nonmetropolitan county'' means 
                any county--
                          (i) * * *
                          (ii) in which--
                                  (I) the median household 
                                income is less than 80 percent 
                                of the nonmetropolitan State 
                                median household income, based 
                                on the most recent data 
                                available from the Bureau of 
                                the Census of the Department of 
                                Commerce; [or]
                                  (II) the unemployment rate is 
                                not less than 140 percent of 
                                the average unemployment rate 
                                for the United States or for 
                                the State in which such county 
                                is located, whichever is less, 
                                based on the most recent data 
                                available from the Secretary of 
                                Labor[.]; or
                                  (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.

           *       *       *       *       *       *       *

                              ----------                              

                    SECTION 176 OF THE CLEAN AIR ACT

               limitations on certain federal assistance

      Sec. 176.
      (c)(1) * * *

           *       *       *       *       *       *       *

  (2) Any transportation plan or program developed pursuant to 
title 23, United States Code, or the Urban Mass Transportation 
Act shall implement the transportation provisions of any 
applicable implementation plan approved under this Act 
applicable to all or part of the area covered by such 
transportation plan or program. No Federal agency may approve, 
accept or fund any transportation plan, program or project 
unless such plan, program or project has been found to conform 
to any applicable implementation plan in effect under this Act. 
In particular--
          (A) * * *

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

  (4)(A) No later than [one year after the date of enactment of 
the Clean Air Act Amendments of 1990] one year after the date 
of enactment of the Transportation Equity Act: A Legacy for 
Users, the Administrator shall promulgate criteria and 
procedures for determining conformity (except in the case of 
transportation plans, programs, and projects) of, and for 
keeping the Administrator informed about, the activities 
referred to in paragraph (1). No later than one year after such 
date of enactment, the Administrator, with the concurrence of 
the Secretary of Transportation, shall promulgate criteria and 
procedures for demonstrating and assuring conformity in the 
case of transportation plans, programs, and projects. A suit 
may be brought against the Administrator and the Secretary of 
Transportation under section 304 to compel promulgation of such 
criteria and procedures and the Federal district court shall 
have jurisdiction to order such promulgation.
  (B) The procedures and criteria shall, at a minimum--
          (i) * * *
          [(ii) address the appropriate frequency for making 
        conformity determinations, but in no case shall such 
        determinations for transportation plans and programs be 
        less frequent than every three years; and]
          (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)).

           *       *       *       *       *       *       *

          (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).
          (8)(A) Transportation control measures that are 
        specified in an implementation plan may be replaced in 
        the implementation plan with substitute transportation 
        control measures if--
                  (i) the substitute measures achieve 
                equivalent or greater emission reductions than 
                the control measures to be replaced, as 
                determined by the Administrator;
                  (ii) the substitute measures utilize an 
                emissions impact analysis that is consistent 
                with the current methodology used for 
                evaluating replaced control measures in the 
                implementation plan;
                  (iii) the substitute control measures are 
                implemented not later than the date on which 
                such emission reductions are necessary to 
                achieve the purpose of the implementation plan;
                  (iv) the substitute control measures were 
                developed with reasonable public notice and the 
                opportunity for comments; and
                  (v) the metropolitan planning organization 
                finds that adequate funding is included in the 
                transportation improvement program to ensure 
                timely implementation of the substitute control 
                measures.
          (B) After the requirements of subparagraph (A) are 
        met, a State may adopt the substitute measures in the 
        applicable implementation plan within a reasonable 
        period of time.
          (C) The substitution of a transportation control 
        measure in accordance with this paragraph shall not be 
        contingent on the existence of any provision in the 
        applicable implementation plan that expressly permits 
        such substitution.
          (D) The substitution of a transportation control 
        measure in accordance with this paragraph shall not 
        require--
                  (i) a new conformity determination for the 
                transportation plan, or
                  (ii) a revision of the applicable 
                implementation plan.
          (E) A control measure that is being replaced by a 
        substitute control measure under this paragraph shall 
        remain in effect until the substitute control measure 
        is adopted.
          (F) Adoption of a substitute control measure shall 
        constitute rescission of the previously applicable 
        control measure.
Transportation control measures may be added to an 
implementation plan subject to subparagraphs (B), (C), and (D), 
on the same basis as if such measures were substitute 
transportation control measures if such measures do not 
increase emissions for which limitations have been established 
in an implementation plan, and such measures meet the 
requirements of clauses (ii), (iii), (iv), and (v) of 
subparagraph (A).
          (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.

           *       *       *       *       *       *       *

                              ----------                              

              SECTION 2342 OF TITLE 28, UNITED STATES CODE

Sec. 2342. Jurisdiction of court of appeals

      The court of appeals (other than the United States Court 
of Appeals for the Federal Circuit) has exclusive jurisdiction 
to enjoin, set aside, suspend (in whole or in part), or to 
determine the validity of--
          (1) * * *

           *       *       *       *       *       *       *

          (3) all rules, regulations, or final orders of--
                  (A) the Secretary of Transportation issued 
                pursuant to section 2, 9, 37, or 41 of the 
                Shipping Act, 1916 (46 U.S.C. App. 802, 803, 
                808, 835, 839, and 841a) or pursuant to part B 
                or C of subtitle IV, subchapter III of chapter 
                311, chapter 313, or chapter 315 of title 49; 
                and

           *       *       *       *       *       *       *

                              ----------                              

   SECTION 345 OF THE NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995

SEC. 345. EXEMPTIONS FROM REQUIREMENTS RELATING TO COMMERCIAL MOTOR 
                    VEHICLES AND THEIR OPERATORS.

  (a) Exemptions.--
          [(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 and is during 
        the planting and harvesting seasons within such State, 
        as determined by the State.]
          (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 
        during planting and harvest periods, as determined by 
        each State 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.
          (2) Transportation and operation of ground water well 
        drilling rigs.--Such regulations shall, in the case of 
        a driver of a commercial motor vehicle who is used 
        primarily in the transportation and operation of a 
        ground water well drilling rig, permit any period of 7 
        or 8 consecutive days to end with the beginning of an 
        off-duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time. Except as required in section 395.3 of title 49, 
        Code of Federal Regulations, as in effect on the date 
        of enactment of this sentence, no additional off-duty 
        time shall be required in order to operate such 
        vehicle.

           *       *       *       *       *       *       *

          [(4) Drivers of utility service vehicles.--Such 
        regulations shall, in the case of a driver of a utility 
        service vehicle, permit any period of 7 or 8 
        consecutive days to end with the beginning of an off-
        duty period of 24 or more consecutive hours for the 
        purposes of determining maximum driving and on-duty 
        time.]
          (4) Operators of utility service vehicles.--
                  (A) Inapplicability of federal regulations.--
                Such regulations shall not apply to a driver of 
                a utility service vehicle.
                  (B) Prohibition on state regulations.--A 
                State, a political subdivision of a State, an 
                interstate agency, or other entity consisting 
                of 2 or more States, shall not enact or enforce 
                any law, rule, regulation, or standard that 
                imposes requirements on a driver of a utility 
                service vehicle that are similar to the 
                requirements contained in such regulations.

           *       *       *       *       *       *       *

  (b) Preemption.--[Nothing] Except as provided in subsection 
(a)(4), nothing contained in this section shall require the 
preemption of State laws and regulations concerning the safe 
operation of commercial motor vehicles as the result of 
exemptions from Federal requirements provided under this 
section.
  (c) Review by the Secretary.--The Secretary may conduct a 
rulemaking proceeding to determine whether granting any 
exemption provided by subsection (a) (other than [paragraph 
(2)] an exemption under paragraph (2) or (4)) is not in the 
public interest and would have a significant adverse impact on 
the safety of commercial motor vehicles. If, at any time as a 
result of such a proceeding, the Secretary determines that 
granting such exemption would not be in the public interest and 
would have a significant adverse impact on the safety of 
commercial motor vehicles, the Secretary may prevent the 
exemption from going into effect, modify the exemption, or 
revoke the exemption. The Secretary may develop a program to 
monitor the exemption, including agreements with carriers to 
permit the Secretary to examine insurance information 
maintained by an insurer on a carrier.

           *       *       *       *       *       *       *

  (e) Definitions.--In this section, the following definitions 
apply:
          (1) * * *

           *       *       *       *       *       *       *

          (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.
                        Committee Correspondence

                     U.S. House of Representatives,
                          Committee on Energy and Commerce,
                                     Washington, DC, March 3, 2005.
The Hon. Don Young,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
    Dear Chairman Young: I am writing with regard to H.R. 3, 
the Transportation Equity Act: A Legacy for Users, which was 
ordered reported by the Committee on Transportation and 
Infrastructure on March 2, 2005. As you know, the Energy and 
Commerce Committee has jurisdiction over matters involving air 
quality planning and the air quality impact of transportation 
projects, the Congestion Mitigation Air Quality Program, 
provisions involving energy production, supply and storage and 
other matters contained within H.R. 3 as reported.
    I recognize your desire to bring this legislation before 
the House in an expeditious manner. Accordingly, I will not 
exercise my Committee's right to referral. By agreeing to waive 
its consideration of the bill, however, the Energy and Commerce 
Committee does not waive its jurisdiction over H.R. 3. In 
addition, the Energy and Commerce Committee reserves its right 
to seek conferees on any provisions of the bill that are within 
its jurisdiction during any House-Senate conference that may be 
convened on this legislation. I ask for your commitment to 
support any request by the Energy and Commerce Committee for 
conferees on H.R. 3 or similar legislation.
    I request that you include this letter as part of the 
Committee's Report on H.R. 3 and in the Record during 
consideration of the legislation on the House floor. Thank you 
for your attention to these matters.
            Sincerely,
                                                Joe Barton,
                                                          Chairman.
                                ------                                

                     U.S. House of Representatives,
            Committee on Transportation and Infrastructure,
                                     Washington, DC, March 3, 2005.
The Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
U.S. House of Representatives, Washington, DC.
    Dear Mr. Chairman: Thank you for your letter of March 3, 
2005 regarding H.R. 3, the Transportation Equity Act: A Legacy 
for Users. Your assistance in expediting consideration of the 
bill is very much appreciated.
    I agree that there are certain provisions in the bill that 
are of jurisidictional interest to the Committee on Energy and 
Commerce and I agree that by foregoing a sequential referral, 
the Committee on Commerce is not waving its jurisdicition. Be 
assured that I will support your request to be represented in 
the conference on those provisions in the jurisdiction of the 
Energy and Commerce Committee.
    As you have requested, I will include this exchange of 
letters in the Committee report on the bill and in the Record 
when the bill is on the Floor. Thank you for your cooperation 
and your continued leadership and support in surface 
transportation matters.
            Sincerely,
                                                 Don Young,
                                                          Chairman.

                                  

```