I 

108TH CONGRESS 

1ST SESSION H. R. 2088

To authorize funds for Federal-aid highways, highway safety programs, and 

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2003

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, and Mr. LIPINSKI) (all by request) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure, and in addition 

to the Committees on Ways and Means, the Budget, Science, Resources, 

the Judiciary, Energy and Commerce, Government Reform, and Rules, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Safe, Accountable, Flexible, and Efficient Transportation 

6 Equity Act of 2003’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Funding 

Sec. 1101. Authorization of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Apportionments. 

Sec. 1104. Minimum guarantee. 

Sec. 1105. Revenue aligned budget authority. 

Subtitle B—New Programs 

Sec. 1201. Infrastructure Performance and Maintenance Program. 

Sec. 1202. Clarify Federal-aid eligibility for certain security projects. 

Sec. 1203. Future of the interstate highway system. 

Sec. 1204. Military vehicle access (oversize and overweight vehicles; relief from 

tolls). 

Sec. 1205. Freight transportation gateways; freight intermodal connections. 

Sec. 1206. Authority for alternative time-saving procedures for critical transportation security projects. 

Subtitle C—Finance 

Sec. 1301. Federal share. 

Sec. 1302. Transfer of highway and transit funds. 

Sec. 1303. State Infrastructure Bank Pilot Program. 

Sec. 1304. Transportation Infrastructure Finance and Innovation Act (TIFIA) 

amendments. 

Sec. 1305. International registration plan and international fuel tax agreement 

facilitation. 

Sec. 1306. Commercialized rest area pilot projects. 

Sec. 1307. Highway use tax evasion projects. 

Subtitle D—Program Efficiencies and Improvements—Safety 

Sec. 1401. National highway safety goal; National Blue Ribbon Commission on 

Highway Safety. 

Sec. 1402. Highway Safety Improvement Program. 

Sec. 1403. Operation Lifesaver. 

Sec. 1404. Highway safety programs; certification of public road mileage. 

Subtitle E—Program Efficiencies and Improvements—Planning 

Sec. 1501. Metropolitan planning. 

Sec. 1502. Statewide planning. 

Sec. 1503. State planning and research. 

Sec. 1504. Critical real property acquisition. 

Sec. 1505. Planning capacity building initiative. 

Subtitle F—Program Efficiencies and Improvements—Environment 
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Sec. 1601. Congestion Mitigation and Air Quality Improvement Program. 

Sec. 1602. Efficient environmental reviews for project decisionmaking. 

Sec. 1603. Assumption of responsibility for categorical exclusions. 

Sec. 1604. Section 4(f) policy on lands, wildlife and waterfowl refuges, and historic sites. 

Sec. 1605. National Scenic Byways Program. 

Sec. 1606. Recreational Trails Program. 

Sec. 1607. Exemption of the interstate system. 

Sec. 1608. Modifications to NHS/STP for invasive species, wetlands, 

brownfields, and environmental restoration. 

Sec. 1609. Standards. 

Sec. 1610. Use of HOV lanes. 

Sec. 1611. Bicycle transportation and pedestrian walkways. 

Sec. 1612. Transportation, energy, and environment. 

Sec. 1613. Idling reduction facilities in interstate rights-of-way. 

Sec. 1614. Appropriation for transportation purposes of lands or interest in 

lands owned by the United States. 

Sec. 1615. Toll programs. 

Sec. 1616. Ozone Standards, Particulate Matter Standards, And Regional Haze 

Program.

Sec. 1617. Indemnification on certain railbanked projects. 

Subtitle G—Program Efficiencies and Improvements—Operations 

Sec. 1701. Transportation systems management and operations. 

Sec. 1702. Real-Time System Management Information Program. 

Sec. 1703. Intelligent Transportation Systems Performance Incentive Program. 

Sec. 1704. Commercial vehicle information systems and networks deployment. 

Subtitle H—Program Efficiencies and Improvements—Federal-Aid 

Stewardship 

Sec. 1801. Surface Transportation System Performance Pilot Program. 

Sec. 1802. Stewardship and oversight. 

Sec. 1803. Emergency relief. 

Sec. 1804. Federal Lands Highways Program. 

Sec. 1805. Appalachian development highway system. 

Sec. 1806. Multi-State Corridor Planning Program. 

Sec. 1807. Border Planning, Operations, and Technology Program. 

Sec. 1808. Territorial Highway Program amendments. 

Sec. 1809. Future interstate system routes. 

Sec. 1810. Donations and credits. 

Sec. 1811. Disadvantaged business enterprises. 

Sec. 1812. Highway Bridge Program. 

Sec. 1813. Design-build. 

Sec. 1814. International ferries. 

Sec. 1815. Assumption of responsibility for transportation enhancements, recreational trails, and transportation and community and system 

preservation program projects. 

Sec. 1816. Transportation, Community, and System Preservation Program. 

Sec. 1817. Program efficiencies—Finance. 

Subtitle I—Technical Corrections to Title 23, U.S.C. 

Sec. 1901. Repeal or update of obsolete text. 

Sec. 1902. Clarification of date. 
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Sec. 1903. Inclusion of requirements for signs identifying funding sources in 

title 23. 

Sec. 1904. Inclusion of ‘‘Buy America’’ requirements in title 23. 

Sec. 1905. Technical Amendments to 23 U.S.C. 140—Nondiscrimination. 

Sec. 1906. Federal share payable for projects for elimination of hazards of railway-highway crossings. 

TITLE II—HIGHWAY SAFETY 

Sec. 2001. Highway safety programs. 

Sec. 2002. Highway safety research and development. 

Sec. 2003. Emergency medical services. 

Sec. 2004. State traffic safety information system improvements. 

Sec. 2005. Authorization of appropriations. 

Sec. 2006. Repeal of obsolete provisions of title 23. 

TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 

Sec. 3001. Short title. 

Sec. 3002. Updated terminology; amendments to title 49, United States Code. 

Sec. 3003. Policies, findings, and purposes. 

Sec. 3004. Definitions. 

Sec. 3005. Metropolitan planning. 

Sec. 3006. Statewide planning. 

Sec. 3007. Planning programs. 

Sec. 3008. Private Enterprise participation. 

Sec. 3009. Urbanized Area Public Transportation Formula Grants Program. 

Sec. 3010. Formula grants for other than urbanized areas. 

Sec. 3011. New Freedom Program. 

Sec. 3012. Major Capital Investment Program. 

Sec. 3013. Research, development, demonstration, and deployment projects. 

Sec. 3014. Cooperative Research Grant Program. 

Sec. 3015. National research programs. 

Sec. 3016. National transit institute. 

Sec. 3017. Bus testing facility. 

Sec. 3018. Bicycle facilities. 

Sec. 3019. Suspended light rail technology pilot project. 

Sec. 3020. General provisions on assistance. 

Sec. 3021. Special provisions for capital projects. 

Sec. 3022. Contract requirements. 

Sec. 3023. Human resources programs. 

Sec. 3024. Project management oversight and review. 

Sec. 3025. Project review. 

Sec. 3026. Investigations of safety and security risk. 

Sec. 3027. State safety oversight. 

Sec. 3028. Sensitive security information. 

Sec. 3029. Terrorist attacks and other acts of violence against public transportation systems. 

Sec. 3030. Controlled substances and alcohol misuse testing. 

Sec. 3031. Employee protective arrangements. 

Sec. 3032. Administrative procedures. 

Sec. 3033. Reports and audits. 

Sec. 3034. Apportionments of appropriations for formula grants. 

Sec. 3035. Apportionments based on fixed guideway factors. 

Sec. 3036. Authorizations. 

Sec. 3037. National Parks and Public Lands Legacy Project. 
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Sec. 3038. Over-the-Road Bus Accessibility Program. 

Sec. 3039. Formula grants for special needs of elderly individuals and individuals with disabilities. 

Sec. 3040. Job access and reverse commute. 

TITLE IV—MOTOR CARRIER SAFETY 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Motor carrier safety grants. 

Sec. 4003. Hobbs Act. 

Sec. 4004. Penalty for denial of access to records. 

Sec. 4005. Medical review board and medical examiners. 

Sec. 4006. Enforcement of household goods regulations. 

Sec. 4007. Registration of commercial motor carriers, freight forwarders, and 

brokers. 

Sec. 4008. Financial responsibility for private motor carriers. 

Sec. 4009. Increased penalties for out-of-service violations and false records. 

Sec. 4010. Elimination of commodity and service exemptions. 

Sec. 4011. Intrastate operations of interstate motor carriers. 

Sec. 4012. Authority to stop commercial motor vehicles. 

Sec. 4013. Pattern of safety violations by motor carrier management. 

Sec. 4014. Motor Carrier Research and Technology Program. 

Sec. 4015. International cooperation. 

Sec. 4016. Performance and Registration Information System Management 

(PRISM). 

Sec. 4017. Information systems and data analysis. 

Sec. 4018. Outreach and education. 

TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 

Subtitle A—Funding 

Sec. 5101. Authorization of appropriations. 

Subtitle B—Research, Technology, and Education

Sec. 5201. Research, technology, and education. 

Sec. 5202. Surface Transportation Environment and Planning Cooperative Research Program. 

Sec. 5203. Long-Term Bridge Performance Program; Innovative Bridge Research and Deployment Program. 

Sec. 5204. Technology deployment. 

Sec. 5205. Training and education. 

Sec. 5206. Advanced Travel Forecasting Procedures Program. 

Subtitle C—Multimodal Research Programs; Scholarship Opportunities 

Sec. 5301. University transportation research. 

Sec. 5302. Multimodal Research Program. 

Sec. 5303. Commercial remote sensing products. 

Sec. 5304. Transportation Scholarship Opportunities Program. 

Subtitle D—Transportation data and analysis 

Sec. 5401. Bureau of Transportation Statistics. 

Subtitle E—Intelligent Transportation Systems Research 
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Sec. 5501. Short title. 

Sec. 5502. Goals and purposes. 

Sec. 5503. General authorities and requirements. 

Sec. 5504. National architecture and standards. 

Sec. 5505. Research and development. 

Sec. 5506. Use of funds. 

Sec. 5507. Definitions. 

Sec. 5508. Repeal. 

TITLE VI—TRANSPORTATION PLANNING; INTERMODAL 

FACILITIES 

Sec. 6001. Transportation planning. 

Sec. 6002. Intermodal passenger facilities. 

TITLE VII—MISCELLANEOUS 

Subtitle A—Railroads 

Sec. 7101. Rail corridor planning. 

Sec. 7102. High speed rail authorizations. 

Subtitle B—Miscellaneous Technical Corrections to Title 49

Sec. 7201. Correction of obsolete references to Interstate Commerce Commission. 

Subtitle C—Hazardous Material Transportation 

Sec. 7301. Definitions. 

Sec. 7302. Representations and tampering with hazardous material packaging. 

Sec. 7303. Hazardous material transportation safety and security. 

Sec. 7304. Administrative authority for transportation service and infrastructure assurance research. 

Sec. 7305. Postal service civil penalty authority. 

Sec. 7306. Registration. 

Sec. 7307. Shipping paper retention. 

Sec. 7308. Planning and training grants. 

Sec. 7309. Enforcement. 

Sec. 7310. Penalties. 

Sec. 7311. Emergency waiver of preemption. 

Sec. 7312. Judicial review. 

Subtitle D—Sanitary Food Transportation 

Sec. 7401. Short title. 

Sec. 7402. Responsibilities of the Secretary of Health and Human Services. 

Sec. 7403. Department of Transportation requirements. 

Sec. 7404. Effective date of the subtitle. 

Subtitle E—Sport Fishing and Boating Safety 

Sec. 7501. Sport fish restoration account amendments. 

TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 

GUARANTEE AND BUDGET OFFSETS 

Sec. 8101. Discretionary spending categories. 

Sec. 8102. Level of obligation limitations. 
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Sec. 8103. Effectiveness of title. 

TITLE IX—AMENDMENTS OF INTERNAL REVENUE CODE OF 1986

Sec. 9001. Short title; amendment of 1986 code. 

Sec. 9002. Extension of highway-related taxes and trust fund. 

Sec. 9003. Extension of tax benefits for alcohol fuels. 

Sec. 9004. Private activity bonds for surface transportation infrastructure. 

Sec. 9005. All alcohol fuel taxes transferred to highway trust fund. 

Sec. 9006. Transfer from highway trust fund to boat safety account. 

Sec. 9007. Extension of small-engine fuel taxes transferred to sport fish restoration account. 

Sec. 9008. Technical correction. 

Sec. 9009. Transfer by registered pipeline, vessel, or barge required for fuel tax 

exemption of bulk transfers to registered terminals or refineries; display of registration requirement. 

Sec. 9010. Returns filed electronically. 

Sec. 9011. Civil penalty for refusal of entry. 

Sec. 9012. Requirement of tax payment decal; elimination of installment payments of highway use tax. 

Sec. 9013. Additional rules regarding inspections of records.

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) METROPOLITAN PLANNING ORGANIZA4 TION.—The term ‘‘metropolitan planning organiza5 tion’’ has the meaning such term has under section 

6 5203(b) of title 49, United States Code, as added by 

7 section 6001 of this Act. 

8 (2) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Transportation. 

10 (3) TRANSPORTATION EQUITY ACT FOR THE

11 21ST CENTURY.—The term ‘‘Transportation Equity 

12 Act for the 21st Century’’ means the Transportation 

13 Equity Act for the 21st Century, Public Law 105–

14 178, as amended by the TEA 21 Restoration Act, 

15 title IX of Public Law 105–206. 
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1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 Subtitle A—Funding 

4 SEC. 1101. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—The following sums are author6 ized to be appropriated out of the Highway Trust Fund 

7 (other than the Mass Transit Account): 

8 (1) INTERSTATE MAINTENANCE PROGRAM.—

9 For the Interstate maintenance program under sec10 tion 119 of title 23, United States Code, 

11 $4,100,000,000 for fiscal years 2004 and 2005, 

12 $4,200,000,000 for fiscal year 2006, 

13 $4,400,000,000 for fiscal year 2007, 

14 $4,500,000,000 for fiscal year 2008, and 

15 $4,700,000,000 for fiscal year 2009. 

16 (2) NATIONAL HIGHWAY SYSTEM.—For the Na17 tional Highway System under section 103 of such 

18 title $5,000,000,000 for fiscal years 2004 and 2005, 

19 $5,100,000,000 for fiscal year 2006, 

20 $5,200,000,000 for fiscal year 2007, 

21 $5,400,000,000 for fiscal year 2008, and 

22 $5,500,000,000 for fiscal year 2009. 

23 (3) BRIDGE PROGRAM.—For the bridge pro24 gram under section 144 of such title $3,400,000,000 

25 for fiscal year 2004, $3,500,000,000 for fiscal year 
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1 2005, $3,700,000,000 for fiscal year 2006, 

2 $3,800,000,000 for fiscal year 2007, 

3 $3,900,000,000 for fiscal year 2008, and 

4 $4,000,000,000 for fiscal year 2009. 

5 (4) SURFACE TRANSPORTATION PROGRAM.—

6 For the surface transportation program under sec7 tion 133 of such title $5,102,000,000 for fiscal year 

8 2004, $5,202,000,000 for fiscal year 2005, 

9 $5,402,000,000 for fiscal year 2006, 

10 $5,514,000,000 for fiscal year 2007, 

11 $5,714,000,000 for fiscal year 2008, and 

12 $5,807,000,000 for fiscal year 2009. 

13 (5) CONGESTION MITIGATION AND AIR QUALITY

14 IMPROVEMENT PROGRAM.—For the congestion miti15 gation and air quality improvement program under 

16 section 149 of such title $1,100,000,000 for fiscal 

17 year 2004, $1,462,000,000 for fiscal year 2005, 

18 $1,500,000,000 for fiscal year 2006, 

19 $1,600,000,000 for fiscal years 2007 through 2009. 

20 (6) HIGHWAY SAFETY IMPROVEMENT PRO21 GRAM.—For the highway safety improvement pro22 gram under section 150 of such title $1,000,000,000 

23 for fiscal year 2004, $1,100,000,000 for fiscal year 

24 2005, $1,200,000,000 for fiscal year 2006, 

25 $1,300,000,000 for fiscal year 2007, 
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1 $1,400,000,000 for fiscal year 2008, and 

2 $1,500,000,000 for fiscal year 2009. 

3 (7) APPALACHIAN DEVELOPMENT HIGHWAY

4 SYSTEM PROGRAM.—For the Appalachian develop5 ment highway system program under section 201 of 

6 the Appalachian Regional Development Act of 1965 

7 (40 U.S.C. App.) $450,000,000 for each of fiscal 

8 years 2004 through 2009. 

9 (8) RECREATIONAL TRAILS PROGRAM.—For the 

10 recreational trails program under section 206 of 

11 such title $60,000,000 for each of fiscal years 2004 

12 through 2009. 

13 (9) FEDERAL LANDS HIGHWAYS PROGRAM.—

14 (A) INDIAN RESERVATION ROADS.—For 

15 Indian reservation roads under section 204 of 

16 such title $333,000,000 for each of fiscal years 

17 2004 through 2009. 

18 (B) RECREATION ROADS.—For recreation 

19 roads under section 204 of such title 

20 $50,000,000 for each of fiscal years 2004 

21 through 2009. 

22 (C) PARK ROADS AND PARKWAYS.—For 

23 park roads and parkways under section 204 of 

24 such title, $300,000,000 for fiscal year 2004, 

25 $310,000,000 for fiscal year 2005, and 
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1 $320,000,000 for each of fiscal years 2006 

2 through 2009. 

3 (D) REFUGE ROADS.—For refuge roads 

4 under section 204 of such title $30,000,000 for 

5 each of fiscal years 2004 through 2009. 

6 (E) FOREST HIGHWAYS.—For forest high7 ways under section 204 of such title 

8 $200,000,000 for each of fiscal years 2004 

9 through 2009. 

10 (F) SAFETY.—For safety under section 

11 204 of such title $40,000,000 for each of fiscal 

12 years 2004 through 2009. 

13 (10) MULTI-STATE CORRIDOR PLANNING PRO14 GRAM.—For the multi-state corridor planning pro15 gram under section 1806 of this Act $76,500,000 

16 for fiscal year 2004 and $84,000,000 for each of fis17 cal years 2005 through 2009. 

18 (11) BORDER PLANNING, OPERATIONS, AND

19 TECHNOLOGY PROGRAM.—For the border planning, 

20 operations, and technology program under section 

21 1807 of this Act $76,500,000 for fiscal year 2004 

22 and $84,000,000 for each of fiscal years 2005 

23 through 2009. 

24 (12) NATIONAL SCENIC BYWAYS PROGRAM.—

25 For the national scenic byways program under sec-
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1 tion 162 of title 23, United States Code, 

2 $31,500,000 for each of fiscal years 2004 through 

3 2009. 

4 (13) INTELLIGENT TRANSPORTATION SYSTEMS

5 PERFORMANCE INCENTIVE PROGRAM.—For carrying 

6 out the intelligent transportation systems perform7 ance incentive program under section 1703 of this 

8 Act, $135,000,000 for each of fiscal years 2004 

9 through 2009. 

10 (14) HIGHWAY USE TAX EVASION PROJECTS.—

11 For highway use tax evasion projects under section 

12 143 of such title, $26,550,000 for fiscal year 2004, 

13 $54,500,000 for each of fiscal years 2005 and 2006, 

14 $44,500,000 for fiscal year 2007, and $11,000,000 

15 for each of fiscal years 2008 and 2009. 

16 (15) COMMERCIAL VEHICLE INFORMATION SYS17 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

18 out the Commercial Vehicle Information Systems 

19 and Networks Deployment program under section 

20 1704 of this Act, $25,000,000 for each of fiscal 

21 years 2004 through 2009. 

22 (16) INFRASTRUCTURE PERFORMANCE AND

23 MAINTENANCE PROGRAM.—For carrying out the in24 frastructure performance and maintenance program 
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1 under section 1201 of this Act, $1,000,000,000 for 

2 each of fiscal years 2004 through 2009. 

3 SEC. 1102. OBLIGATION CEILING. 

4 (a) GENERAL LIMITATION.—Notwithstanding any 

5 other provision of law, but subject to subsections (f) and 

6 (g), the obligations for Federal-aid highway and highway 

7 safety construction programs shall not exceed—

8 (1) $29,293,948,000 for fiscal year 2004; 

9 (2) $30,265,000,000 for fiscal year 2005; 

10 (3) $31,326,000,000 for fiscal year 2006; 

11 (4) $32,257,000,000 for fiscal year 2007; 

12 (5) $33,104,000,000 for fiscal year 2008; and 

13 (6) $33,903,000,000 for fiscal year 2009. 

14 (b) EXCEPTIONS.—The limitations under subsection 

15 (a) shall not apply to obligations under—

16 (1) section 125 of title 23, United States Code; 

17 (2) section 147 of the Surface Transportation 

18 Assistance Act of 1978; 

19 (3) section 9 of the Federal-Aid Highway Act 

20 of 1981;

21 (4) sections 131(b) and 131(j) of the Surface 

22 Transportation Assistance Act of 1982; 

23 (5) sections 149(b) and 149(c) of the Surface 

24 Transportation and Uniform Relocation Assistance 

25 Act of 1987; 
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1 (6) sections 1103 through 1108 of the Inter2 modal Surface Transportation Efficiency Act of 

3 1991; 

4 (7) section 157 of title 23, United States Code, 

5 as in effect on the day before the date of enactment 

6 of the Transportation Equity Act for the 21st Cen7 tury; 

8 (8) section 105 of title 23, United States Code 

9 (but, for each of fiscal years 2004 through 2009), 

10 only in an amount equal to $639,000,000 per fiscal 

11 year; and 

12 (9) for Federal-aid highway programs for which 

13 obligation authority was made available under the 

14 Transportation Equity Act for the 21st Century or 

15 subsequent public laws for multiple years or to re16 main available until used, but only to the extent that 

17 such obligation authority has not lapsed or been 

18 used. 

19 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—

20 For each of fiscal years 2004 through 2009, the Secretary 

21 shall—

22 (1) reserve obligation authority provided by 

23 subsection (a) for such fiscal year for amounts au24 thorized for administrative expenses, programs fund25 ed from the administrative takedown authorized by 
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1 section 104(a) of title 23, United States Code, the 

2 infrastructure performance and maintenance pro3 gram, and for each of the programs that are allo4 cated by the Secretary under this Act and title 23, 

5 United States Code; 

6 (2) reserve the obligation authority provided by 

7 subsection (a) less the amounts reserved under para8 graph (1) for section 201 of the Appalachian Re9 gional Development Act of 1965, and 

10 $2,000,000,000 for such fiscal year under section 

11 105 of such title (relating to minimum guarantee); 

12 and 

13 (3) distribute the obligation authority provided 

14 by subsection (a) less the aggregate amounts not re15 served under paragraph (1) and (2) for Federal-aid 

16 highway and highway safety construction programs 

17 (other than the minimum guarantee program, but 

18 only to the extent that amounts apportioned for the 

19 minimum guarantee program for such fiscal year ex20 ceed $2,639,000,000, and the Appalachian develop21 ment highway system program) that are apportioned 

22 by the Secretary under this Act and title 23, United 

23 States Code, in the ratio that—
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1 (A) sums authorized to be appropriated for 

2 such programs that are apportioned to each 

3 State for such fiscal year, bear to 

4 (B) the total of the sums authorized to be 

5 appropriated for such programs that are appor6 tioned to all States for such fiscal year. 

7 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU8 THORITY.—Notwithstanding subsection (c), the Secretary 

9 shall, after August 1 of each of fiscal years 2004 through 

10 2009, revise a distribution of the obligation authority 

11 made available under subsection (c) if a State will not obli12 gate the amount distributed during that fiscal year and 

13 redistribute sufficient amounts to those States able to obli14 gate amounts in addition to those previously distributed 

15 during that fiscal year, giving priority to those States hav16 ing large unobligated balances of funds apportioned under 

17 sections 104 and 144 of title 23, United States Code. 

18 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

19 TRANSPORTATION RESEARCH PROGRAMS.—Obligation 

20 limitations imposed by subsection (a) shall apply to trans21 portation research programs carried out under chapter 5 

22 of title 23, United States Code, and under title V of this 

23 Act; except that obligation authority made available for 

24 such programs under such limitations shall remain avail25 able for a period of 3 fiscal years and shall be in addition 
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1 to the amount of any limitation imposed on obligations 

2 for Federal-aid highway and highway safety construction 

3 programs for future fiscal years. 

4 (f) SPECIAL RULE.—Obligation authority distributed 

5 for a fiscal year under subsection (c)(2) for a section set 

6 forth in subsection (c)(2) shall remain available until used 

7 for obligation of funds for such section and shall be in 

8 addition to the amount of any limitation imposed on obli9 gations for Federal-aid highway and highway safety con10 struction programs for future fiscal years. 

11 (g) ADJUSTMENT IN OBLIGATION LIMIT.—Limita12 tions on obligations imposed by subsection (a) for a fiscal 

13 year shall be adjusted by an amount equal to the amount 

14 determined pursuant to section 251(b)(1)(B) of the Bal15 anced Budget and Emergency Deficit Control Act of 1985 

16 for such fiscal year, as amended by this Act. Any such 

17 adjustment shall be distributed in accordance with this 

18 section. 

19 (h) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA20 TIVE EXPENSES.—Notwithstanding any other provision of 

21 law, the total amount of all obligations under section 

22 104(a) of title 23, United States Code, shall not exceed—

23 (1) $350,000,000 for fiscal year 2004; 

24 (2) $380,000,000 for fiscal year 2005; 

25 (3) $400,000,000 for fiscal year 2006; 
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1 (4) $420,000,000 for fiscal year 2007; 

2 (5) $440,000,000 for fiscal year 2008; and 

3 (6) $460,000,000 for fiscal year 2009. 

4 SEC. 1103. APPORTIONMENTS. 

5 (a) ADMINISTRATIVE EXPENSES.—Section 104(a) of 

6 title 23, United States Code, as amended by this Act, is 

further amended in paragraph (1) by striking ‘‘1 1 7 ⁄6’’ and 

8 inserting ‘‘1.4’’. 

9 (b) METROPOLITAN PLANNING.—Section 104(f) of 

10 title 23, United States Code, is amended: 

11 (1) in paragraph (1), by striking ‘‘not to ex12 ceed’’; and by striking ‘‘authorized under this title’’ 

13 and inserting ‘‘identified in such subsection, except 

14 for the Federal lands highway program and the Ap15 palachian development highway program’’; 

16 (2) in paragraph (2), by striking ‘‘per centum’’ 

17 and inserting ‘‘percent’’; 

18 (3) in paragraph (3), by striking ‘‘These funds 

19 shall be matched in accordance with section 120(b) 

20 unless the Secretary determines that the interests of 

21 the Federal-aid highway program would be best 

22 served without such matching.’’ and inserting ‘‘Any 

23 funds that are not used to carry out section 134 of 

24 this title may be made available by a metropolitan 
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1 planning organization to the State to fund activities 

2 under section 135.’’; and 

3 (4) by adding the following after paragraph (5):

4 ‘‘(6) FEDERAL SHARE.—Funds apportioned to 

5 a State under this subsection shall be matched in ac6 cordance with section 120(b) unless the Secretary 

7 determines that the interests of the Federal-aid 

8 highway program would be best served without such 

9 matching.’’. 

10 (c) STATE DEFINED.—Section 1103(n) of the Trans11 portation Equity Act for the 21st Century (Public Law 

12 105–178) is repealed. 

13 (d) EXECUTIVE OFFICE COMPLEX.—Section 104 of 

14 title 23, United States Code, is amended by adding after 

15 subsection (q), as added by this Act, the following: 

16 ‘‘(r) EXECUTIVE OFFICE COMPLEX.—On October 1 

17 of each fiscal year for fiscal years 2004 through 2009, 

18 the Secretary, after making the deductions authorized by 

19 subsections (a) and (f), shall set aside $2,000,000 for each 

20 of fiscal years 2004 through 2006, $14,000,000 for each 

21 of fiscal years 2007 and 2008, and $7,000,000 for fiscal 

22 year 2009 of the remaining funds authorized to be appro23 priated under subsection (b)(3) for the preferred option 

24 determined by a study for highway access near the Execu25 tive Office complex.’’. 
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1 (e) ALASKA HIGHWAY.—Section 104(b)(1)(A) of title 

2 23, United States Code, is amended by striking 

3 ‘‘$18,800,000 for each of fiscal years 1998 through 2002 

4 for the Alaska Highway’’ and substituting ‘‘$18,800,000 

5 for each of fiscal years 2004 through 2009 for the Alaska 

6 Highway’’. 

7 SEC. 1104. MINIMUM GUARANTEE. 

8 Section 105 of title 23, United States Code, is 

9 amended to read as follows: 

10 ‘‘§ 105. Minimum guarantee 

11 ‘‘(a) GENERAL RULE.—For each of fiscal years 2004 

12 through 2009, the Secretary shall allocate among the 

13 States amounts sufficient to ensure that each State’s per14 centage of the total apportionments for such fiscal year 

15 of Interstate maintenance, national highway system, 

16 bridge, congestion mitigation and air quality improvement, 

17 surface transportation, highway safety improvement, min18 imum guarantee, Appalachian development highway sys19 tem, infrastructure performance and maintenance, and 

20 recreational trails programs shall equal the percentage 

21 listed for each State in subsection (b). The minimum 

22 amount allocated to a State listed in subsection (b) under 

23 this section for a fiscal year shall be $1,000,000. 
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1 ‘‘(b) STATE PERCENTAGES.—The percentage re2 ferred to in subsection (a) for a State shall be determined 

3 in accordance with the following table:

‘‘States: Percentage 

Alabama ....................................................................................... 2.0269

Alaska .......................................................................................... 1.1915 

Arizona ......................................................................................... 1.5581 

Arkansas ...................................................................................... 1.3214 

California ..................................................................................... 9.1962 

Colorado ....................................................................................... 1.1673

Connecticut .................................................................................. 1.5186 

Delaware ...................................................................................... 0.4424 

District of Columbia .................................................................... 0.3956 

Florida ......................................................................................... 46176 

Georgia ......................................................................................... 3.5104 

Hawaii .......................................................................................... 0.5177 

Idaho ............................................................................................ 0.7718 

Illinois .......................................................................................... 3.3819

Indiana ......................................................................................... 2.3588 

Iowa ............................................................................................. 1.2020 

Kansas ......................................................................................... 1.1717 

Kentucky ...................................................................................... 1.7365 

Louisiana ..................................................................................... 1.5900 

Maine ........................................................................................... 0.5263 

Maryland ...................................................................................... 1.5087 

Massachusetts .............................................................................. 1.8638 

Michigan ...................................................................................... 3.1535 

Minnesota ..................................................................................... 1.4993 

Mississippi .................................................................................... 1.2186

Missouri ....................................................................................... 2.3615 

Montana ....................................................................................... 0.9929

Nebraska ...................................................................................... 0.7768 

Nevada ......................................................................................... 0.7248 

New Hampshire ........................................................................... 0.5163 

New Jersey .................................................................................. 2.5816 

New Mexico .................................................................................. 0.9884 

New York ..................................................................................... 5.1628 

North Carolina ............................................................................. 2.8298

North Dakota ............................................................................... 0.6553 

Ohio ............................................................................................. 3.4257 

Oklahoma ..................................................................................... 1.5419 

Oregon ......................................................................................... 1.2183 

Pennsylvania ................................................................................ 4.9887

Rhode Island ................................................................................ 0.5958 

South Carolina ............................................................................. 1.5910 

South Dakota ............................................................................... 0.7149 

Tennessee ..................................................................................... 2.2646 

Texas ............................................................................................ 7.2131 

Utah ............................................................................................. 0.7831 

Vermont ....................................................................................... 0.4573 

Virginia ........................................................................................ 2.5627 
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‘‘States: Percentage 

Washington .................................................................................. 1.7875 

West Virginia ............................................................................... 1.1319 

Wisconsin ..................................................................................... 1.9916 

Wyoming ...................................................................................... 0.6951

1 ‘‘(c) SPECIAL RULE.—The Secretary shall allocate to 

2 Puerto Rico $1,000,000 for each of fiscal years 2004 

3 through 2009. Such amounts shall be subject to the provi4 sions in paragraph (d) of this section. 

5 ‘‘(d) TREATMENT OF FUNDS.—

6 ‘‘(1) PROGRAMMATIC DISTRIBUTION.—The Sec7 retary shall apportion 50 percent of the amounts 

8 made available under this section so that the amount 

9 apportioned to each State under this paragraph for 

10 each program referred to in subsection (a) (other 

11 than metropolitan planning, minimum guarantee, 

12 Appalachian development highway system, infra13 structure performance and maintenance, and rec14 reational trails programs) is equal to the amount de15 termined by multiplying the amount to be appor16 tioned under this paragraph by the ratio that—

17 ‘‘(A) the amount of funds apportioned to 

18 each State for each program referred to in sub19 section (a) (other than metropolitan planning, 

20 minimum guarantee, Appalachian development 

21 highway system, infrastructure performance 

22 and maintenance, and recreational trails pro23 grams) for a fiscal year; bears to 
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1 ‘‘(B) the total amount of funds appor2 tioned to each State for all such programs for 

3 such fiscal year. 

4 ‘‘(2) REMAINING DISTRIBUTION.—The Sec5 retary shall allocate the remainder of funds made 

6 available under this section to the States for use in 

7 accordance with section 133; except that require8 ments of paragraphs (1) and (2) of section 133(d) 

9 shall not apply to amounts apportioned pursuant to 

10 this paragraph. 

11 ‘‘(e) AUTHORIZATION.—There are authorized to be 

12 appropriated out of the Highway Trust Fund (other than 

13 the Mass Transit Account) such sums as may be necessary 

14 to carry out this section for each of fiscal years 2004 

15 through 2009. 

16 ‘‘(f) GUARANTEE OF 90.5 PERCENTAGE RETURN.—

17 ‘‘(1) IN GENERAL.—Before making any appor18 tionment under this title for each of fiscal years 

19 2004 through 2009, the Secretary shall adjust the 

20 percentages in the table in subsection (b) to reflect 

21 the estimated percentage of estimated tax payments 

22 attributable to highway users in each State paid into 

23 the Highway Trust Fund (other than the Mass 

24 Transit Account) in the latest fiscal year for which 

25 data is available, to ensure that no State’s percent-
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1 age return from such Trust Fund is less than 90.5 

2 percent of the State’s percentage contribution. 

3 ‘‘(2) CONFORMING ADJUSTMENTS.—After mak4 ing any adjustments under paragraph (1) for a fiscal 

5 year, the Secretary shall adjust the remaining per6 centages in the table set forth in subsection (b) to 

7 ensure that the total of the percentages in the table, 

8 as adjusted, do not exceed 100 percent for such fis9 cal year. 

10 ‘‘(3) LIMITATION ON ADJUSTMENTS.—After 

11 making any adjustments under paragraph (2) for a 

12 fiscal year, the Secretary shall determine whether or 

13 not any State’s percentage return from the Highway 

14 Trust Fund (other than the Mass Transit Account) 

15 is less than 90.5 percent of the State’s percentage 

16 contribution to the Highway Trust fund as a result 

17 of such adjustments and shall adjust the percentages 

18 in the table for such fiscal year accordingly. Adjust19 ments of the percentages in the table under this 

20 paragraph may not result in the total of such per21 centages exceeding 100 percent. 

22 ‘‘(4) RATE OF RETURN.—A State’s percentage 

23 return for such fiscal year shall be in the ratio 

24 that—
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1 ‘‘(A) the quotient obtained by dividing the 

2 total amount of funds apportioned to each 

3 State, except Puerto Rico, for the current fiscal 

4 year for Interstate maintenance, national high5 way system, bridge, congestion mitigation and 

6 air quality improvement, surface transportation, 

7 minimum guarantee, highway safety improve8 ment, Appalachian development highway sys9 tem, infrastructure performance and mainte10 nance, and recreational trails programs by the 

11 total amount of funds apportioned for such pro12 grams in all States, except Puerto Rico, for the 

13 current fiscal year; bears to 

14 ‘‘(B) the quotient obtained by dividing the 

15 estimated tax payments attributable to highway 

16 users in each State paid into the Highway 

17 Trust Fund (other than the Mass Transit Ac18 count) in the latest fiscal year for which data 

19 are available by the estimated tax payments at20 tributable to highway users in all States paid 

21 into the Highway Trust Fund (other than the 

22 Mass Transit Account) for such fiscal year.’’. 
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1 SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY (RABA) 

2 AMENDMENTS. 

3 Section 110 of title 23, United States Code, is 

4 amended—

5 (1) in subsections (a)(1) and (a)(2), by striking 

6 ‘‘2000’’ and inserting ‘‘2006’’; 

7 (2) in subsection (a)(2), by striking ‘‘the suc8 ceeding’’ and inserting ‘‘that’’, and by striking ‘‘and 

9 the motor carrier safety grant program’’; 

10 (3) in subsection (b)(1)(A), by striking ‘‘and 

11 the motor carrier safety grant program’’ and by 

12 striking ‘‘, the Transportation Equity Act for the 

13 21st Century, and subchapter I of chapter 311 of 

14 title 49’’ after ‘‘under this title’’ and insert ‘‘and the 

15 Safe, Accountable, Flexible, and Efficient Transpor16 tation Equity Act of 2003’’; 

17 (4) in subsection (c), by inserting ‘‘the highway 

18 safety improvement program,’’ after ‘‘the surface 

19 transportation program,’’; and 

20 (5) by striking subsections (e), (f), and (g). 

21 Subtitle B—New Programs 

22 SEC. 1201. INFRASTRUCTURE PERFORMANCE AND MAINTE23 NANCE PROGRAM. 

24 (a) ESTABLISHMENT.—The Secretary shall establish 

25 and implement an Infrastructure Performance and Main26 tenance Program in accordance with this section. 
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1 (b) ELIGIBLE PROJECTS.—

2 (1) IN GENERAL.—A State may obligate funds 

3 apportioned to it under this section only for highway 

4 projects eligible under the Interstate Maintenance 

5 Program, the National Highway System Program, 

6 and the Surface Transportation Program that will—

7 (A) cost-effectively preserve, maintain, or 

8 otherwise extend the useful life of existing high9 way infrastructure elements; or 

10 (B) provide operational improvements, in11 cluding traffic management and intelligent 

12 transportation system strategies and limited ca13 pacity enhancements, at points of recurring 

14 highway congestion. 

15 (2) TRANSFER PROHIBITION.—Notwithstanding 

16 sections 104 and 126 of title 23, United States 

17 Code, funds apportioned under this section shall not 

18 be transferred to another Federal agency or pro19 gram. 

20 (c) APPORTIONMENT OF INFRASTRUCTURE PER21 FORMANCE AND MAINTENANCE PROGRAM FUNDS.— 

22 (1) IN GENERAL.— On October 1 of each fiscal 

23 year the Secretary shall apportion to the States the 

24 funds authorized to be appropriated to carry out this 

25 section in accordance with the following formula: 
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1 (A) 25 percent of the apportionments in 

2 the ratio that—

3 (i) the total lane miles of Federal-aid 

4 highways in each State; bears to 

5 (ii) the total lane miles of Federal-aid 

6 highways in all States. 

7 (B) 40 percent of the apportionments in 

8 the ratio that—

9 (i) the total vehicle miles traveled on 

10 lanes on Federal-aid highways in each 

11 State; bears to 

12 (ii) the total vehicle miles traveled on 

13 lanes on Federal-aid highways in all 

14 States. 

15 (C) 35 percent of the apportionments in 

16 the ratio that—

17 (i) the estimated tax payments attrib18 utable to highway users in each State paid 

19 into the Highway Trust Fund (other than 

20 the Mass Transit Account) in the latest 

21 fiscal year for which data are available; 

22 bears to 

23 (ii) the estimated tax payments attrib24 utable to highway users in all States paid 

25 into the Highway Trust Fund (other than 
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1 the Mass Transit Account) in the latest 

2 fiscal year for which data are available. 

3 (2) MINIMUM APPORTIONMENT.—Notwith4 standing paragraph (1), each State shall receive a 

minimum of 1 5 ⁄2 of 1 percent of the funds appor6 tioned under this paragraph.

7 (d) CONTRACT AUTHORITY.—Funds authorized to be 

8 appropriated under section 1101(a)(16) of this Act to 

9 carry out this section shall be available for obligation in 

10 the same manner as if such funds were apportioned under 

11 chapter 1 of title 23, United States Code, except that such 

12 funds shall remain available for obligation only as provided 

13 in subsection (e); shall not be subject to any deduction 

14 or set aside requirement; and shall not be transferred to 

15 another Federal agency or program in accordance with 

16 subsection (b)(2). 

17 (e) PERIOD OF AVAILABILITY.—

18 (1) OBLIGATION WITHIN 6 MONTHS.—Funds 

19 apportioned to a State under this section must be 

20 obligated by such State within 6 months of the date 

21 of apportionment. Any amounts that remain unobli22 gated at the end of that period shall be reappor23 tioned in accordance with subsection (f). 

24 (2) ONE YEAR.—All funds apportioned or re25 apportioned under this section shall remain available 
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1 for obligation until the last day of the fiscal year in 

2 which they are apportioned. Any amounts appor3 tioned that remain unobligated at the end of the fis4 cal year shall lapse. 

5 (f) REDISTRIBUTION OF APPORTIONED FUNDS AND

6 OBLIGATION AUTHORITY.—Six months after the date of 

7 apportionment or as soon thereafter as feasible in each 

8 fiscal year, the Secretary shall withdraw any funds appor9 tioned to a State under this section that remain unobli10 gated, along with an equal amount of obligation authority 

11 provided for the use of such funds pursuant to section 

12 1102(c) of this Act, and shall reapportion such funds and 

13 redistribute such obligation authority to those States that 

14 have fully obligated all amounts apportioned under this 

15 section in such fiscal year and that demonstrate they are 

16 able to obligate additional amounts for projects eligible 

17 under this section before the end of the fiscal year. The 

18 calculation and distribution of funds under section 105 of 

19 title 23, United States Code, shall not be adjusted as a 

20 result of the reapportionment of funds under this sub21 section. 

22 (g) FEDERAL SHARE PAYABLE.—The Federal share 

23 payable for a project funded under this section shall be 

24 determined in accordance with the provisions of section 

25 120 of title 23, United States Code. 
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1 (h) STATE DEFINED.—In this section, the term 

2 ‘‘State’’ has the meaning such term has under section 

3 101(a) of title 23, United States Code. 

4 SEC. 1202. CLARIFY FEDERAL-AID ELIGIBILITY FOR SECU5 RITY PROJECTS. 

6 Section 101 of title 23, United States Code, is 

7 amended—

8 (1) by striking the word ‘‘and’’ at the end of 

9 paragraph (a)(3)(G); 

10 (2) by striking the period at the end of para11 graph (a)(3)(H) and inserting ‘‘; and’’; 

12 (3) by adding the following at the end of para13 graph (a)(3)(H): 

14 ‘‘(I) improvements directly related to 

15 homeland security for detection, preparedness, 

16 prevention, response, and recovery.’’; and 

17 (4) by inserting the words ‘‘protection and’’ 

18 after the words ‘‘means the’’ and by inserting ‘‘, se19 cure,’’ after the word ‘‘safe’’ in section (a)(14). 

20 SEC. 1203. FUTURE OF THE INTERSTATE HIGHWAY SYSTEM. 

21 (a) DECLARATION OF POLICY.—Section 101 of title 

22 23, United States Code, is amended by striking subsection 

23 (b) and inserting the following: 

24 ‘‘(b) It is hereby declared to be in the national inter25 est to accelerate the construction and reconstruction of the 
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1 Federal-aid highway systems since many of such high2 ways, or portions thereof, are in fact inadequate to meet 

3 the needs of local and interstate commerce and national 

4 and civil defense. 

5 ‘‘It is further declared that it is in the national inter6 est to preserve and enhance the Dwight D. Eisenhower 

7 National System of Interstate and Defense Highways 

8 (hereafter referred to as the ‘‘Interstate System’’) to meet 

9 the nation’s needs for the 21st Century. Urban and long 

10 distance personal travel and freight movement demands 

11 continue to grow. Travel demand patterns will remain dy12 namic. Continued planning for and investment in the 

13 Interstate System is critical to assure it adequately meets 

14 the changing travel demands of the future. The Interstate 

15 System must be safe, efficient, and reliable and must en16 sure national and interregional personal mobility, the flow 

17 of interstate commerce, and travel movements essential for 

18 national security. To the maximum extent possible, actions 

19 under this title should address congestion and freight 

20 transportation to provide for a strong and vigorous na21 tional economy. Special emphasis should be devoted to 

22 providing safe and efficient access for the type and size 

23 of commercial and military vehicles that access designated 

24 National Highway System intermodal freight terminals. 
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1 ‘‘The Interstate System is further declared to be the 

2 nation’s premiere highway system, essential for the na3 tion’s economic vitality, national security, and general wel4 fare. The Secretary is directed to take appropriate actions 

5 to preserve and enhance the Interstate System to meet 

6 the needs of the 21st Century.’’. 

7 SEC. 1204. MILITARY VEHICLE ACCESS (OVERSIZE AND 

8 OVERWEIGHT VEHICLES; RELIEF FROM 

9 TOLLS). 

10 (a) PROCEDURES ON MILITARY VEHICLE ACCESS.—

11 The Secretary of Transportation is authorized to issue, in 

12 consultation with the Secretary of Defense and the Sec13 retary of Homeland Security, procedures and orders that 

14 will expedite the highway movement of all marked military 

15 vehicles and convoys. The procedures shall specifically ad16 dress the expedited movement of marked military vehicles, 

17 including the establishment of temporary vehicle size and 

18 weight limits in excess of Federal and local maximum lim19 its, expedited oversize/overweight permits, and exemptions 

20 from payment of local tolls and expedited movement 

21 through toll facilities. 

22 (b) PREEMPTION.—A law, regulation, order, ruling, 

23 provision, or other requirement of a State, territory, In24 dian tribe, or political subdivision thereof, which covers the 

25 vehicles and movements described in paragraph (a) and 
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1 which is not consistent with the procedures or related limi2 tations established by the Secretary under that paragraph, 

3 is preempted. The Secretaries of Transportation, Home4 land Security, and Defense, may request the Attorney 

5 General to bring a civil action seeking appropriate relief 

6 respecting the effect of such laws, regulations, orders, rul7 ings, provisions or other requirements in any court of com8 petent jurisdiction. Nothing in this section shall be con9 strued as limiting claims or remedies otherwise available 

10 under law or equity. 

11 (c) EXEMPTION FROM ADMINISTRATIVE PROCEDURE

12 ACT.—A procedure established by the Secretary under 

13 paragraph (a) shall be exempt from the provisions of 5 

14 U.S.C. 553.

15 SEC. 1205. FREIGHT TRANSPORTATION GATEWAYS; 

16 FREIGHT INTERMODAL CONNECTIONS. 

17 (a) FREIGHT TRANSPORTATION GATEWAYS.—Chap18 ter 3 of title 23, United States Code, is amended by add19 ing after section 324 the following new section: 

20 ‘‘§ 325. Freight transportation gateways 

21 ‘‘(a) IN GENERAL.—

22 ‘‘(1) ESTABLISHMENT.—The Secretary shall es23 tablish a freight transportation gateways program to 

24 improve productivity, security, and safety of freight 

25 transportation gateways, while mitigating congestion 
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1 and community impacts in the area of such gate2 ways. 

3 ‘‘(2) PURPOSES.—The purposes of the freight 

4 transportation gateways program shall be—

5 ‘‘(A) to facilitate and support multimodal 

6 freight transportation initiatives at the State 

7 and local levels in order to improve freight 

8 transportation gateways and mitigate the im9 pact of congestion on the environment in the 

10 area of such gateways; 

11 ‘‘(B) to provide capital funding to address 

12 infrastructure and freight operational needs at 

13 freight transportation gateways; 

14 ‘‘(C) to encourage adoption of new financ15 ing strategies to leverage State, local, and pri16 vate investment in freight transportation gate17 ways; and 

18 ‘‘(D) to support military mobilization and 

19 readiness. 

20 ‘‘(b) STATE RESPONSIBILITIES.—

21 ‘‘(1) PROJECT DEVELOPMENT PROCESS.—Each 

22 State shall ensure that intermodal freight transpor23 tation, trade facilitation, and economic development 

24 needs are adequately addressed and fully integrated 

25 into the project development process, including 
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1 transportation planning, through final design and 

2 construction of freight related transportation 

3 projects. 

4 ‘‘(2) FREIGHT TRANSPORTATION COORDINATOR

5 POSITION.—Each State shall designate a freight 

6 transportation coordinator. The coordinator shall be 

7 responsible for fostering public and private sector 

8 collaboration needed to implement complex solutions 

9 to freight transportation and freight transportation 

10 gateway problems, including coordination of metro11 politan and statewide transportation activities with 

12 trade and economic interests and coordination with 

13 other States, local Department of Defense officials, 

14 local Department of Homeland Security officials, 

15 agencies, and organizations to find regional solutions 

16 to freight transportation problems. The coordinator 

17 shall also be responsible for advancing freight pro18 fessional capacity building programs for the State. 

19 ‘‘(c) INNOVATIVE FINANCE.—States and localities 

20 are encouraged to adopt innovative financing strategies for 

21 freight transportation gateway improvements, including 

22 new user fees; modifications to existing user fees, includ23 ing trade facilitation charges; revenue options that incor24 porate private sector investment; and a blending of Fed25 eral-aid and innovative finance programs. The Secretary 
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1 shall provide technical assistance to States and localities 

2 with respect to such strategies. 

3 ‘‘(d) INTERMODAL FREIGHT TRANSPORTATION

4 PROJECTS.—

5 ‘‘(1) USE OF SURFACE TRANSPORTATION PRO6 GRAM FUNDS.—A State may obligate funds appor7 tioned to it under section 104(b)(3) of this title for 

8 publicly owned intermodal freight transportation 

9 projects that provide community and highway bene10 fits by addressing economic, congestion, security, 

11 safety, and environmental issues associated with 

12 freight transportation gateways. 

13 ‘‘(2) ELIGIBLE PROJECTS.—Projects eligible for 

14 funding under this section—

15 ‘‘(A) may include publicly-owned inter16 modal freight transfer facilities, access to such 

17 facilities, and operational improvements for 

18 such facilities (including capital investment for 

19 Intelligent Transportation Systems), except that 

20 projects located within the boundaries of port 

21 terminals shall only include the transportation 

22 infrastructure modifications necessary to facili23 tate direct intermodal access into and out of 

24 such port; and 
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1 ‘‘(B) may involve the combining of private 

2 and public sector funds.’’. 

3 (b) ELIGIBILITY FOR SURFACE TRANSPORTATION

4 PROGRAM FUNDS.—Section 133(b) of title 23, United 

5 States Code, is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(15) Intermodal freight transportation projects 

8 in accordance with section 325(d)(2) of this title.’’. 

9 (c) FREIGHT INTERMODAL CONNECTIONS TO

10 NHS.—Section 103(b) of such title, is amended by adding 

11 at the end the following new paragraph: 

12 ‘‘(7) FREIGHT INTERMODAL CONNECTIONS TO

13 THE NHS.— 

14 ‘‘(A) FUNDING SET-ASIDE.—Of the funds 

15 apportioned to a State in each fiscal year under 

16 section 104(b)(1) of this title, an amount deter17 mined in accordance with subparagraph (B) of 

18 this paragraph shall only be available to such 

19 State to be obligated for projects on— 

20 ‘‘(i) National Highway System routes 

21 connecting to intermodal freight terminals 

22 identified according to criteria set forth in 

23 the report to Congress entitled ‘‘Pulling 

24 Together: The National Highway System 

25 and its Connections to Major Intermodal 
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1 Terminals’’ dated May 24, 1996, ref2 erenced in paragraph (1) of this sub3 section, and any modifications to these 

4 connections consistent with paragraph (4) 

5 of this subsection, and 

6 ‘‘(ii) Strategic Highway Network 

7 (STRAHNET) connectors to strategic 

8 military deployment ports. 

9 ‘‘(B) DETERMINATION OF AMOUNT.—The 

10 amount of funds for each State in a fiscal year 

11 that shall be set aside pursuant to subpara12 graph (A) of this paragraph shall be— 

13 ‘‘(i) equal to the total amount of 

14 funds apportioned to such State under sec15 tion 104(b)(1) of this title multiplied by 

16 the percentage of miles that routes set 

17 forth in subparagraph (A) of this para18 graph constitute of the total miles on the 

19 National Highway System in such State, 

20 or 

21 ‘‘(ii) two percent of the annual appor22 tionment to the State of funds under 

23 104(b)(1), whichever is greater.

24 ‘‘(C) EXEMPTION FROM SET-ASIDE.—In 

25 any fiscal year, a State may obligate the funds 
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1 otherwise set aside by this paragraph on any 

2 project which is both eligible under paragraph 

3 (6) of this subsection and located in such State 

4 on a segment of the National Highway System 

5 set forth in paragraph (2) of this subsection if 

6 such State certifies and the Secretary concurs 

7 that—

8 ‘‘(i) the routes described in subpara9 graph (A) of this paragraph are in good 

10 condition and provide an adequate level of 

11 service for military vehicle and civilian 

12 commercial vehicle use, and 

13 ‘‘(ii) significant needs on such routes 

14 are being met or do not exist.’’. 

15 (d) DEFINITIONS AND DECLARATION OF POLICY.—

16 Section 101(a) of such title is amended by redesignating 

17 paragraphs (11) through (37) as paragraphs (12) through 

18 (38), respectively, and inserting new paragraph (11) as 

19 follows: 

20 ‘‘(11) FREIGHT TRANSPORTATION GATEWAY.—

21 The term ‘freight transportation gateway’ means a 

22 nationally or regionally significant transportation 

23 port of entry or hub for domestic and global trade, 

24 military mobilization, and includes freight inter-
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1 modal and Strategic Highway Network connections 

2 that provide access to and from these gateways.’’. 

3 (e) FEDERAL SHARE PAYABLE.—Section 120 of such 

4 title is amended by adding at the end the following new 

5 subsection: 

6 ‘‘(m) INCREASED FEDERAL SHARE FOR CONNEC7 TORS.—On National Highway System intermodal freight 

8 connections and Strategic Highway Network connectors to 

9 strategic military deployment ports described in section 

10 103(b)(7), the Federal share may be up to 90 percent of 

11 the total cost of the project.’’. 

12 (f) LENGTH LIMITATIONS.—Section 31111(e) of title 

13 49, United States Code, is amended by adding at the end 

14 ‘‘In the interests of economic competitiveness, security, 

15 and intermodal connectivity, States shall update these 

16 qualifying highways within three years of enactment of the 

17 Safe, Accountable, Flexible, and Efficient Transportation 

18 Equity Act of 2003 to include Strategic Highway Network 

19 connectors to strategic military deployment ports and Na20 tional Highway System intermodal freight connections 

21 serving military and commercial truck traffic going to 

22 major intermodal terminals as described in section 

23 103(b)(7).’’. 
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1 (g) CONFORMING AMENDMENT.—The analysis of 

2 chapter 3 of title 23 is amended by adding at the end 

3 the following:

‘‘325. Freight transportation gateways.’’.

4 SEC. 1206. AUTHORITY FOR ALTERNATIVE TIME—SAVING 

5 PROCEDURES FOR CRITICAL TRANSPOR6 TATION SECURITY PROJECTS. 

7 (a) Critical, time sensitive highway and public trans8 portation security projects are projects that are necessary 

9 to address an imminent threat to the security of a trans10 portation facility or to repair damage to a transportation 

11 facility caused by a terrorist attack against the United 

12 States. Such projects shall be identified by the Secretary 

13 in consultation with the owner-operator of the facility and 

14 with the Secretary of Homeland Security. 

15 (b) The Secretary of Transportation shall develop 

16 and implement expedited procedures for critical, time-sen17 sitive highway and public transportation security projects. 

18 These procedures shall address planning, environmental 

19 review, public involvement, acquisition of rights-of-way, 

20 and contracting, and they shall be developed with the con21 currence of other affected Federal agencies whose authori22 ties will be affected by the procedures and in consultation 

23 with any other Federal agencies that the Secretary deter24 mines have an interest in the procedures. For the limited 

25 purpose of expediting interim measures needed to address 
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1 an imminent threat to the security of a transportation fa2 cility, the Secretary may provide that these procedures are 

3 exclusive of any other statute relating to planning, envi4 ronmental reviews, public involvement, acquisition of 

5 right-of-way, and contracting, so long as the Secretary de6 termines that such measures are necessary for the protec7 tion of the public and receives the concurrence of any 

8 other Federal agency responsible for administering such 

9 statutes. The Secretary shall issue rules establishing these 

10 procedures within one year of the enactment of this law. 

11 Subtitle C—Finance 

12 SEC. 1301. FEDERAL SHARE. 

13 Section 120 of title 23, United States Code, is 

14 amended—

15 (1) in subsection (a), by striking ‘‘shall be 90 

16 percent’’ and all that follows through the end of the 

17 subsection and inserting ‘‘shall not exceed 90 per18 cent of the total cost of the project.’’; 

19 (2) in subsection (b), by striking ‘‘shall be’’ and 

20 all that follows through the end of the subsection 

21 and inserting ‘‘shall not exceed 80 percent of the 

22 total cost of the project.’’; and 

23 (3) by striking subsection (d) and inserting the 

24 following: 
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1 ‘‘(d) INCREASED FEDERAL SHARE.—The Federal 

2 share payable under (a) and (b) may be increased in the 

3 case of any State containing nontaxable Indian lands, pub4 lic lands (both reserved and unreserved), national forests, 

5 and national parks and monuments. The Federal share 

6 for any project subject to this section shall be increased 

7 by a percentage of the remaining cost equal to the percent8 age that the area of all such lands in a State is of its 

9 total area not to exceed 95 percent of the total cost of 

10 the project. These rates shall be revised as needed based 

11 on data provided by the Federal agencies responsible for 

12 maintaining the data.’’. 

13 SEC. 1302. TRANSFER OF HIGHWAY AND TRANSIT FUNDS. 

14 Section 104(m) of title 23, as redesignated by this 

15 Act, is amended to read as follows: 

16 ‘‘(m) TRANSFER OF HIGHWAY AND TRANSIT

17 FUNDS.—

18 ‘‘(1) TRANSFER OF HIGHWAY FUNDS FOR

19 TRANSIT PROJECTS.—Funds made available for 

20 transit projects or transportation planning under 

21 this title may be transferred to and administered by 

22 the Secretary in accordance with chapter 53 of title 

23 49, except that the provisions of this title relating to 

24 the non-Federal share shall apply to the transferred 

25 funds. 
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1 ‘‘(2) TRANSFER OF TRANSIT FUNDS FOR HIGH2 WAY PROJECTS.—Funds made available for highway 

3 projects or transportation planning under chapter 53 

4 of title 49 may be transferred to and administered 

5 by the Secretary in accordance with this title, except 

6 that the provisions of such chapter relating to the 

7 non-Federal share shall apply to the transferred 

8 funds.

9 ‘‘(3) TRANSFER OF HIGHWAY FUNDS TO OTHER

10 FEDERAL AGENCIES.—Except as provided in para11 graphs (1) and (2), when an expenditure is specifi12 cally authorized in Federal-aid highway legislation, 

13 as a line item in an appropriation act, or when a 

14 State transportation department consents to a trans15 fer of funds under this title that are derived from 

16 the Highway Trust Fund (other than the Mass 

17 Transit account), such funds may be transferred to 

18 another Federal agency subject to subparagraphs 

19 (A), (B), (C), and (D) of this paragraph—

20 ‘‘(A) if the Secretary determines, after 

21 consultation with the State transportation de22 partment as appropriate, that another Federal 

23 agency should carry out a project with funds 

24 made available under this title or any other act 
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1 that are derived from Highway Trust Fund 

2 (other than the Mass Transit account); 

3 ‘‘(B) the project will be administered by 

4 the Federal agency under its procedures, and 

5 such funds shall not be deemed to be an aug6 mentation of that agency’s appropriations; 

7 ‘‘(C) such other Federal agency agrees to 

8 accept the transfer of funds and to administer 

9 those funds; and 

10 ‘‘(D) the provisions of this title or the acts 

11 referred to above relating to the non-Federal 

12 share shall apply to the transferred funds, ex13 cept where the Secretary determines that it is 

14 in the best interest of the United States that 

15 such share be waived. 

16 ‘‘(4) TRANSFER OF FUNDS AMONG STATES OR

17 TO THE FEDERAL HIGHWAY ADMINISTRATION.—The 

18 Secretary may, at the request of a State, transfer 

19 funds apportioned or allocated to such State to an20 other State or to the Federal Highway Administra21 tion for the purpose of funding a specific project or 

22 projects. The funds transferred shall be used for the 

23 same purpose and in the same manner for which 

24 they were authorized. Such transfer shall have no ef25 fect on any apportionment formula used to dis-
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1 tribute funds to the States under sections 104, 105, 

2 or 144. Funds that are apportioned or allocated to 

3 a State under section 104(b)(3) and attributed to 

4 urbanized areas of a State with a population of over 

5 200,000 individuals under section 133(d)(2) may be 

6 transferred under this subsection only if the metro7 politan planning organization designated for the 

8 area concurs, in writing, with the transfer request. 

9 ‘‘(5) TRANSFER OF OBLIGATION AUTHORITY.—

10 Obligation authority shall be transferred in the same 

11 manner and amount as the funds for the projects 

12 are transferred under this section.’’. 

13 SEC. 1303. STATE INFRASTRUCTURE BANK PILOT PRO14 GRAM. 

15 (a) DEFINITIONS.—In this section, the following defi16 nitions apply: 

17 (1) CAPITAL PROJECT.—The term ‘‘capital 

18 project’’ has the meaning such term has under sec19 tion 5302 of title 49, United States Code. 

20 (2) OTHER ASSISTANCE.—The term ‘‘other as21 sistance’’ includes any use of funds in an infrastruc22 ture bank—

23 (A) to provide credit enhancements; 

24 (B) to serve as a capital reserve for bond 

25 or debt instrument financing; 
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1 (C) to subsidize interest rates; 

2 (D) to ensure the issuance of letters of 

3 credit and credit instruments; 

4 (E) to finance purchase and lease agree5 ments with respect to transit projects; 

6 (F) to provide bond or debt financing in7 strument security; and 

8 (G) to provide other forms of debt financ9 ing and methods of leveraging funds that are 

10 approved by the Secretary and that relate to 

11 the project with respect to which such assist12 ance is being provided. 

13 (3) STATE.—The term ‘‘State’’ has the mean14 ing such term has under section 101 of title 23, 

15 United States Code. 

16 (4) CAPITALIZATION.—The term ‘‘capitaliza17 tion’’ means the process used for depositing funds as 

18 initial capital into a State Infrastructure Bank to es19 tablish the infrastructure bank. 

20 (5) COOPERATIVE AGREEMENT.—The term ‘‘co21 operative agreement’’ means the written consent be22 tween a State and the Secretary which sets forth the 

23 manner in which the State Infrastructure Bank will 

24 be administered. 
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1 (6) LOAN.—The term ‘‘loan’’ means any form 

2 of direct financial assistance from the State Infra3 structure Bank, required to be repaid over a period 

4 of time, which is provided to a project sponsor for 

5 all or part of project costs. 

6 (7) GUARANTEE.—The term ‘‘guarantee’’ 

7 means a contract or contracts entered into by the 

8 State Infrastructure Bank in which the State Infra9 structure Bank agrees to take responsibility for all 

10 or a portion of a project sponsor’s financial obliga11 tions for a project under specified conditions. 

12 (8) INITIAL ASSISTANCE.—The term ‘‘initial as13 sistance’’ means the first round of State Infrastruc14 ture Bank funds that must be loaned or used for 

15 credit enhancement for purposes limited to highway 

16 construction under title 23 or transit capital projects 

17 under title 49. 

18 (9) LEVERAGE.—The term ‘‘leverage’’ means a 

19 financial structure used to increase State Infrastruc20 ture Bank funds through debt issuance. A State In21 frastructure Bank is considered leveraged if its total 

22 potential liabilities exceed its equity. 

23 (b) PILOT PROGRAM.—

24 (1) COOPERATIVE AGREEMENTS.—Subject to 

25 the provisions of this section, the Secretary may 
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1 enter into cooperative agreements with up to five 

2 States, including States that entered into coopera3 tive agreements under section 1511 of the Transpor4 tation Equity Act for the 21st Century, as amended, 

5 for the establishment of State infrastructure banks 

6 for making loans and providing other forms of credit 

7 assistance to public and private entities carrying out 

8 or proposing to carry out projects eligible for assist9 ance under this section. 

10 (2) APPLICATION.—To participate in the pilot 

11 program, a State shall submit an application to the 

12 Secretary. 

13 (3) SELECTION CRITERIA.—In evaluating appli14 cations for participation in the pilot program, the 

15 Secretary shall establish selection criteria that shall 

16 include—

17 (A) the State’s ability to provide non-Fed18 eral funds to capitalize the bank;

19 (B) the existence of State enabling legisla20 tion that clearly allows for full State Infrastruc21 ture Bank participation; 

22 (C) the State’s strategy for encouraging 

23 non-Federal repayment sources from project 

24 sponsors; 
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1 (D) the amount of Federal funds the State 

2 will commit to the State Infrastructure Bank as 

3 a percentage of its Federal-aid apportionments; 

4 (E) the State’s eligibility under section 

5 1511 of the Transportation Equity Act for the 

6 21st Century, as amended; and 

7 (F) the State’s past experience with a 

8 State Infrastructure Bank, including the pro9 gram established under section 1511 of the 

10 Transportation Equity Act for the 21st Cen11 tury, as amended, or comparable financing 

12 mechanisms. 

13 (4) TERMINATION OF COOPERATIVE AGREE14 MENT.—If a State that has been selected for this 

15 pilot program does not fund its State Infrastructure 

16 Bank within 90 days after execution of the coopera17 tive agreement, the Secretary may terminate the co18 operative agreement and may select another State to 

19 participate in the pilot program in accordance with 

20 this subsection. 

21 (c) INTERSTATE COMPACTS.—Congress grants con22 sent to 2 or more of the States, entering into a cooperative 

23 agreement under subsection (b)(1) with the Secretary for 

24 the establishment of a multi-state infrastructure bank, to 
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1 enter into an interstate compact establishing such bank 

2 in accordance with this section. 

3 (d) FUNDING.—

4 (1) HIGHWAY ACCOUNT.—Subject to subsection 

5 (i), the Secretary may permit a State entering into 

6 a cooperative agreement under this section to con7 tribute not to exceed— 

8 (A) 10 percent of the funds apportioned to 

9 the State for each of fiscal years 2004 through 

10 2009 under each of sections 104(b)(1), 

11 104(b)(3), 104(b)(4), and 144, of title 23, 

12 United States Code, and 

13 (B) 10 percent of the funds allocated to 

14 the State for each of such fiscal years under 

15 section 105 of such title into the highway ac16 count of the infrastructure bank established by 

17 the State. Federal funds contributed to such ac18 count under this paragraph shall constitute for 

19 purposes of this section a capitalization grant 

20 for the highway account of the infrastructure 

21 bank. 

22 (2) TRANSIT ACCOUNT.—Subject to subsection 

23 (i), the Secretary may permit a State entering into 

24 a cooperative agreement under this section, and any 

25 other Federal transit grant recipient, to contribute 
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1 not to exceed 10 percent of the funds made available 

2 to the State or other Federal transit grant recipient 

3 in each of fiscal years 2004 through 2009 for capital 

4 projects under sections 5307, 5309, and 5311 of 

5 title 49, United States Code, into the transit account 

6 of the infrastructure bank established by the State. 

7 Federal funds contributed to such account under 

8 this paragraph shall constitute for purposes of this 

9 section a capitalization grant for the transit account 

10 of the infrastructure bank. 

11 (3) SPECIAL RULE FOR URBANIZED AREAS OF

12 OVER 200,000.—Funds that are attributed to urban13 ized areas of States with urbanized populations of 

14 over 200,000 under section 133(d)(2) of title 23, as 

15 amended by this Act, may be used to provide assist16 ance with respect to a project only if the metropoli17 tan planning organization designated for such area 

18 concurs, in writing, with the provision of such assist19 ance. 

20 (4) DISCONTINUANCE OF FUNDING.—If the 

21 Secretary determines that a State is not imple22 menting the State Infrastructure Bank in accord23 ance with the cooperative agreement, the Secretary 

24 may prohibit a State from contributing additional 

25 Federal funds to its State Infrastructure Bank. 
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1 (e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE

2 BANKS.—An infrastructure bank established under this 

3 section may make loans or provide other credit assistance 

4 to a public or private entity in an amount equal to all 

5 or part of the cost of carrying out a project eligible for 

6 assistance under this section. The amount of any loan or 

7 other credit assistance provided for such project may be 

8 subordinated to any other debt financing for the project. 

9 Initial assistance provided with respect to a project from 

10 Federal funds contributed to an infrastructure bank under 

11 this section may not be made in the form of a grant. 

12 (f) QUALIFYING PROJECTS.—Subject to paragraph 

13 (e), funds in an infrastructure bank established under this 

14 section may be used only to provide assistance with respect 

15 to projects eligible for assistance under title 23, United 

16 States Code, for capital projects (as defined in section 

17 5302 of title 49, United States Code), or for any other 

18 project related to surface transportation that the Sec19 retary determines to be appropriate. 

20 (g) INFRASTRUCTURE BANK REQUIREMENTS.—In 

21 order to establish an infrastructure bank under this sec22 tion, each State establishing the bank shall—

23 (1) contribute, at a minimum, into each account 

24 of the bank from non-Federal sources an amount 

25 equal to 25 percent of the amount of each capitaliza-
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1 tion grant made to the State and contributed to the 

2 bank, except that if the contribution is into the high3 way account of the bank and the State has a lower 

4 non-Federal share under section 120(d) of title 23, 

5 as amended by this Act, such percentage shall be ad6 justed by the Secretary to correspond with such 

7 lower non-Federal share. The non-Federal share 

8 must be in the form of cash; 

9 (2) ensure that the bank maintains on a con10 tinuing basis an investment grade rating on its debt 

11 or has a sufficient level of bond or debt financing in12 strument insurance to maintain the viability of the 

13 bank; 

14 (3) ensure that investment income generated by 

15 funds contributed to an account of the bank will 

16 be—

17 (A) credited to the account; 

18 (B) available for use in providing loans 

19 and other assistance to projects eligible for as20 sistance from the account; and 

21 (C) invested in United States Treasury se22 curities, bank deposits, or such other financing 

23 instruments as the Secretary may approve to 

24 earn interest to enhance the leveraging of 

25 projects assisted by the bank; 
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1 (4) ensure that any loan from the bank will 

2 bear interest at or below market interest rates, as 

3 determined by the State, to make feasible the project 

4 that is the subject of the loan;

5 (5) ensure that repayment of any loan from the 

6 bank will commence not later than 5 years after the 

7 project has been completed or, in the case of a high8 way project, the facility has opened to traffic, which9 ever is later; 

10 (6) ensure that the term for repaying any loan 

11 will not exceed 30 years after the date of the first 

12 payment on the loan under paragraph (5); and 

13 (7) require the bank to make an annual report 

14 to the Secretary on its status, and to make such 

15 other reports as the Secretary may require by guide16 lines. 

17 (h) SECRETARIAL REQUIREMENTS.—In admin18 istering this section, the Secretary shall—

19 (1) issue guidelines to ensure that all require20 ments of title 23, United States Code, or title 49, 

21 United States Code, that would otherwise apply to 

22 funds made available under such title and projects 

23 assisted with such funds apply to—
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1 (A) funds made available under such title 

2 and contributed to an infrastructure bank es3 tablished under this section; and 

4 (B) projects assisted by the bank through 

5 the use of such funds; except to the extent that 

6 the Secretary determines that any requirement 

7 of such title (other than sections 113 and 114 

8 of title 23 and section 5333 of title 49), is not 

9 consistent with the objectives of this section; 

10 and 

11 (2) specify procedures and guidelines for estab12 lishing, operating, and providing assistance from the 

13 bank. 

14 (i) APPLICABILITY OF FEDERAL LAW TO REPAY15 MENTS.—The requirements of title 23 and title 49, United 

16 States Code, shall apply to projects financed from repay17 ments to an infrastructure bank from projects assisted by 

18 the bank. Such repayments shall be considered to be Fed19 eral funds for the purpose of this subsection. 

20 (j) UNITED STATES NOT OBLIGATED.—The con21 tribution of Federal funds into an infrastructure bank es22 tablished under this section shall not be construed as a 

23 commitment, guarantee, or obligation on the part of the 

24 United States to any third party, nor shall any third party 

25 have any right against the United States for payment sole-
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1 ly by virtue of the contribution. Any security or debt-fi2 nancing instrument issued by the infrastructure bank 

3 shall expressly state that the security or instrument does 

4 not constitute a commitment, guarantee, or obligation of 

5 the United States. 

6 (k) MANAGEMENT OF FEDERAL FUNDS.—Sections 

7 3335 and 6503 of title 31, United States Code, shall not 

8 apply to funds contributed under this section. 

9 (l) PROGRAM ADMINISTRATION.—For each of fiscal 

10 years 2004 through 2009, a State may expend not to ex11 ceed 2 percent of the Federal funds contributed to an in12 frastructure bank established by the State under this sec13 tion to pay the reasonable costs of administering the bank. 

14 This limitation shall not apply to non-Federal funds. 

15 SEC. 1304. TRANSPORTATION INFRASTRUCTURE FINANCE 

16 AND INNOVATION ACT (TIFIA) AMENDMENTS. 

17 (a) DEFINITIONS.—Section 181 of title 23, United 

18 States Code is amended—

19 (1) in paragraph (3), by striking ‘‘category’’ 

20 and ‘‘offered into the capital markets’’; 

21 (2) by striking paragraph (7) and redesignating 

22 paragraphs (8) through (15) as paragraphs (7) 

23 through (14) respectively; 

24 (3) by amending paragraph (8)(D), as redesig25 nated, to read as follows—
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1 ‘‘(D) a public or private freight rail facil2 ity; an intermodal freight transfer facility; ac3 cess to such facilities; and service improvements 

4 for such facilities including capital investment 

5 for Intelligent Transportation Systems; or a 

6 group of such projects with the common objec7 tive of improving the flow of goods, except that 

8 projects located within the boundaries of port 

9 terminals shall only include the transportation 

10 infrastructure modifications necessary to facili11 tate direct intermodal access into and out of 

12 such port. Such a project may involve the com13 bining of private and public sector funds, in14 cluding investment of public funds in private 

15 sector facility improvements.’’; and 

16 (4) in paragraph (10), as redesignated, by 

17 striking ‘‘bond’’ and inserting ‘‘credit’’. 

18 (b) DETERMINATION OF ELIGIBILITY AND PROJECT

19 SELECTION.— Section 182 of such title is amended—

20 (1) in subsection (a)—

21 (A) by striking paragraphs (1) and (2) and 

22 inserting the following: 

23 ‘‘(1) INCLUSION IN TRANSPORTATION PLANS

24 AND PROGRAMS.—The project shall satisfy the appli25 cable planning and programming requirements of 
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1 sections 134 and 135 at such time as an agreement 

2 to make available a Federal credit instrument is en3 tered into under this subchapter. 

4 ‘‘(2) APPLICATION.—A State, a local govern5 ment, public authority, public-private partnership, or 

6 any other legal entity undertaking the project and 

7 authorized by the Secretary, shall submit a project 

8 application to the Secretary.’’; 

9 (B) in paragraph (3)(A)(i), by striking 

10 ‘‘$100,000,000’’ and inserting ‘‘$50,000,000’’; 

11 and 

12 (C) in paragraph (4), by striking ‘‘Project 

13 financing’’ and inserting ‘‘The Federal credit 

14 instrument’’ and by adding at the end of the 

15 sentence ‘‘that also secure the project obliga16 tions’’; and 

17 (2) in subsection (b)(1), by striking ‘‘criteria’’ 

18 after ‘‘eligibility’’ and inserting ‘‘requirements’’ and 

19 in subsection (b)(2)(B) by inserting ‘‘, which may be 

20 the Federal credit instrument,’’ after ‘‘obligations’’. 

21 (c) SECURED LOANS.—Section 183 of such title is 

22 amended—

23 (1) in subsection (a)—
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1 (A) by striking ‘‘of any project selected 

2 under section 182.’’ at the end of paragraph 

3 (1); 

4 (B) by inserting ‘‘of any project selected 

5 under section 182’’ after ‘‘costs’’ in paragraphs 

6 (1)(A) and (1)(B); and 

7 (C) in paragraph (4), by striking ‘‘fund8 ing’’ and inserting ‘‘execution’’ and by inserting 

9 a period in place of the comma after ‘‘receiving 

10 an investment grade rating’’ and striking all 

11 that follows to the end of the paragraph; and 

12 (2) in subsection (b)—

13 (A) by inserting ‘‘the lesser of’’ after ‘‘ex14 ceed’’ and ‘‘or the amount of the senior project 

15 obligations’’ after ‘‘costs’’; 

16 (B) by inserting ‘‘that also secure the sen17 ior project obligations’’ in paragraph (3)(A)(i) 

18 after ‘‘sources’’; and 

19 (C) by striking ‘‘marketable’’ in paragraph 

20 (4); and

21 (3) in subsection (c), by striking paragraph (3) 

22 and redesignating paragraphs (4) and (5) as para23 graphs (3) and (4) respectively. 

24 (d) LINES OF CREDIT.—Section 184 of such title is 

25 amended—
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1 (1) in subsection (b)—

2 (A) in paragraph (3), by striking the 

3 comma after ‘‘interest’’ and by striking ‘‘any 

4 debt service reserve fund, and any other avail5 able reserve’’, and by inserting ‘‘but not includ6 ing reasonably required financing reserves’’; 

7 (B) in paragraph (4), by striking ‘‘market8 able’’; by striking ‘‘on which’’ after ‘‘date’’ and 

9 inserting ‘‘of execution of’’; and by striking ‘‘is 

10 obligated’’ after ‘‘credit’’ and inserting ‘‘agree11 ment’’; and 

12 (C) in paragraph (5)(A)(i), by inserting 

13 ‘‘that also secure the senior project obligations’’ 

14 after ‘‘sources’’; and 

15 (2) in subsection (c)—

16 (A) in paragraph (2) by striking ‘‘sched17 uled’’, by inserting ‘‘be scheduled to’’ after 

18 ‘‘shall’’, and by striking ‘‘be fully repaid, with 

19 interest,’’ and inserting ‘‘to conclude, with full 

20 repayment of principle and interest,’’; and 

21 (B) by striking paragraph (3). 

22 (e) PROGRAM ADMINISTRATION.—Section 185 of 

23 such title is amended to read as follows: 
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1 ‘‘§ 185. Program administration 

2 ‘‘(a) REQUIREMENT.—The Secretary shall establish 

3 a uniform system to service the Federal credit instruments 

4 made available under this subchapter. 

5 ‘‘(b) FEES.—The Secretary may establish fees at a 

6 level to cover all or a portion of the costs to the Federal 

7 government of servicing the Federal credit instruments. 

8 ‘‘(c) SERVICER.—The Secretary may identify a finan9 cial entity to assist the Secretary in servicing the Federal 

10 credit instruments. The servicer—

11 ‘‘(1) shall act as the agent for the Secretary; 

12 and 

13 ‘‘(2) shall receive a servicing fee, subject to ap14 proval by the Secretary. 

15 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec16 retary may retain the services of expert firms, including 

17 counsel, in the field of municipal and project finance to 

18 assist in the underwriting and servicing of Federal credit 

19 instruments.’’. 

20 (f) FUNDING.—Section 188 of such title is amended 

21 to read as follows: 

22 ‘‘§ 188. Funding 

23 ‘‘(a) FUNDING.—

24 ‘‘(1) IN GENERAL.—There are authorized to be 

25 appropriated from the Highway Trust Fund (other 

26 than the Mass Transit Account) $130,000,000 for 
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1 each of fiscal years 2004 through 2009 to carry out 

2 this subchapter. 

3 ‘‘(2) ADMINISTRATIVE COSTS.—From funds 

4 made available under paragraph (1), the Secretary 

5 may use, for the administration of this subchapter, 

6 not more than $3,000,000 for each of fiscal years 

7 2004 through 2009. 

8 ‘‘(3) AVAILABILITY.—Amounts made available 

9 under paragraph (1) shall remain available until ex10 pended. 

11 ‘‘(b) CONTRACT AUTHORITY.—

12 ‘‘(1) IN GENERAL.—Notwithstanding any other 

13 provision of law, approval by the Secretary of a Fed14 eral credit instrument that uses funds made avail15 able under this subchapter shall be deemed to be ac16 ceptance by the United States of a contractual obli17 gation to fund the Federal credit investment. 

18 ‘‘(2) AVAILABILITY.—Amounts authorized 

19 under this section for a fiscal year shall be available 

20 for obligation on October 1 of the fiscal year. 

21 ‘‘(c) LIMITATIONS ON CREDIT AMOUNTS.—For each 

22 of fiscal years 2004 through 2009, principal amounts of 

23 Federal credit instruments made available shall be limited 

24 to $2,600,000,000.’’. 

25 (g) REPEAL.—Section 189 of such title is repealed. 
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1 (h) CONFORMING AMENDMENTS.—The analysis of 

2 chapter 1 of title 23 is amended by—

3 (1) revising the item relating to section 185 to 

4 read as follows:

‘‘185. Program administration.’’;

5 and 

6 (2) striking the item relating to section 189. 

7 SEC. 1305. INTERNATIONAL REGISTRATION PLAN AND 

8 INTERNATIONAL FUEL TAX AGREEMENT FA9 CILITATION. 

10 The Secretary may provide assistance to any State 

11 that is participating in the International Registration Plan 

12 and International Fuel Tax Agreement, as provided in sec13 tions 31704 and 31705 of title 49, United States Code, 

14 and that serves as a base jurisdiction for motor carriers 

15 that are domiciled in Mexico, to help the State with ad16 ministration needs resulting from serving as a base juris17 diction for motor carriers from Mexico. 

18 SEC. 1306. COMMERCIALIZED REST AREA PILOT PROJECTS. 

19 (a) IN GENERAL.—The Secretary shall permit the 

20 States to conduct pilot projects to acquire, construct, oper21 ate, convert, and maintain rest areas along Interstate 

22 highways in their States in accordance with subsection (b). 

23 (b) COMMERCIAL OPERATIONS.—

24 (1) ELIGIBILITY.—Notwithstanding section 111 

25 of title 23 United States Code, and the project 
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1 agreements required by section 111(a) and executed 

2 between the States and the Federal Highway Ad3 ministration, the Secretary shall permit the rest 

4 areas in the pilot projects to include commercial op5 erations that provide goods, services, and informa6 tion that benefit the traveling public and the com7 mercial motor carrier industry, and as deemed ap8 propriate by the States, including—

9 (A) commercial advertising and displays if 

10 such advertising and media displays are—

11 (i) exhibited solely within any facility 

12 constructed in the rest area; and 

13 (ii) not legible from the main traveled 

14 way; 

15 (B) programs to provide commercial vehi16 cle operators with special services designed to 

17 enhance motor carrier and highway safety; and 

18 (C) State promotional or tourism-oriented 

19 items. 

20 (2) PRIVATE OPERATORS.—The States may 

21 permit such commercial operations to be run by a 

22 private operator.

23 (c) PARTICIPATION.—Participation in this pilot 

24 project is limited to those proposals submitted to the Sec-
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1 retary for approval during the one year period after the 

2 date of enactment of this Act. 

3 (d) PROPOSALS.—

4 (1) The State proposals shall at a minimum—

5 (A) describe the types of goods, services 

6 and information to be provided; 

7 (B) demonstrate that the proposed 

8 project(s) helps implement the strategies devel9 oped in the ‘‘Study of Adequacy of Parking Fa10 cilities’’ prepared pursuant to section 4027 of 

11 the Transportation Equity Act for the 21st 

12 Century; 

13 (C) contain a review and update of the in14 dividual State action plans for addressing com15 mercial truck parking shortages; and 

16 (D) prepare a plan for evaluating the re17 sults of the pilot project(s) in that State. 

18 (2) The Secretary must determine that com19 mercial rest area projects being advanced under this 

20 pilot program will meet all of the design standards 

21 applicable to rest areas on the Interstate system. 

22 (e) LIMITATION ON USE OF REVENUES.—Any reve23 nues received by a State from the commercial operations 

24 in a rest area under this section that are in excess of 

25 amounts required for the proper operation and mainte-
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1 nance of the rest area shall be used by the State for 

2 projects eligible under title 23, United States Code. 

3 (f) CONSIDERATIONS.—The Secretary shall consider 

4 the benefit to the traveling public and the impact on local 

5 businesses in carrying out this section. 

6 (g) VENDING MACHINES.—If vending machines are 

7 placed in a pilot project, the State shall give priority to 

8 vending machines operated through the State licensing 

9 agency designated under the Randolph-Sheppard Act. 

10 SEC. 1307. HIGHWAY USE TAX EVASION PROJECTS. 

11 (a) ELIGIBLE ACTIVITIES.—Section 143(b) of title 

12 23, United States Code, is amended as follows: 

13 (1) INTERGOVERNMENTAL ENFORCEMENT EF14 FORTS.—Paragraph (2) is amended by inserting a 

15 comma after ‘‘Secretary’’ and adding ‘‘except that 

16 for each of fiscal years 2004 through 2009, 

17 $2,000,000 shall be available only to carry out inter18 governmental enforcement efforts, including research 

19 and training’’. 

20 (2) CONDITIONS ON FUNDS ALLOCATED TO IN21 TERNAL REVENUE SERVICE.—Paragraph (3) is 

22 amended by inserting a comma after ‘‘subsection’’ 

23 and adding ‘‘except as otherwise provided in this 

24 section’’. 
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1 (3) LIMITATION ON USE OF FUNDS.—Para2 graph (4) is amended—

3 (A) by striking ‘‘and’’ at the end of sub4 paragraph (F); 

5 (B) by striking the period at the end of 

6 subparagraph (G) and inserting a semicolon; 

7 and 

8 (C) by adding at the end the following: 

9 ‘‘(H) to support efforts between States and 

10 tribes to address issues related to state motor 

11 fuel taxes; and 

12 ‘‘(I) to analyze and implement programs to 

13 reduce tax evasion associated with foreign im14 ported fuel.’’. 

15 (4) REPORTS.—The following new paragraph is 

16 added at the end: 

17 ‘‘(9) REPORTS.—The Internal Revenue Service 

18 and States shall submit to the Secretary annual re19 ports that describe the projects, examinations, and 

20 criminal investigations funded by and carried out 

21 under this section. The reports must specify the an22 nual yield estimated for each project funded under 

23 this section.’’. 

24 (b) EXCISE FUEL REPORTING SYSTEM.—Section 

25 143(c) of such title is amended—
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1 (1) in paragraph (1) by striking ‘‘Not later 

2 than August 1, 1998,’’ and inserting ‘‘Not later 

3 than 90 days after enactment of the Safe, Account4 able, Flexible, and Efficient Transportation Equity 

5 Act of 2003,’’; by striking ‘‘development’’ and insert6 ing ‘‘completion, operation,’’; by striking ‘‘an excise 

7 fuel reporting system’’ and inserting ‘‘the excise 

8 summary terminal activity reporting system’’; and 

9 by striking ‘‘(in this subsection referred to as the 

10 ‘‘system’’)’’; 

11 (2) in paragraph (2)— 

12 (A) by striking ‘‘the system’’ each place it 

13 appears and inserting ‘‘the excise summary ter14 minal activity reporting system’’; 

15 (B) in subparagraph (A), by striking ‘‘de16 velop’’ and inserting ‘‘complete’’; 

17 (C) by striking ‘‘and’’ at the end of sub18 paragraph (B); 

19 (D) by striking the period at the end of 

20 subparagraph (C) and inserting ‘‘; and’’; and 

21 (E) by adding at the end the following new 

22 subparagraph: 

23 ‘‘(D) the Commissioner of the Internal 

24 Revenue Service shall submit and the Secretary 

25 shall approve a budget and project plan for the 
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1 completion, operation, and maintenance of the 

2 excise summary terminal activity reporting sys3 tem.’’; and 

4 (3) by amending paragraph (3) to read as fol5 lows: 

6 ‘‘(3) FUNDING.—Of the amounts made avail7 able to carry out this section for each of fiscal years 

8 2004 through 2009, the Secretary shall make funds 

9 available to the Internal Revenue Service to com10 plete, operate, and maintain the excise summary ter11 minal activity reporting system in accordance with 

12 this subsection.’’. 

13 (c) REGISTRATION SYSTEM AND ELECTRONIC DATA14 BASE.—Section 143 as amended by this Act is further 

15 amended by adding at the end the following new sub16 sections: 

17 ‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION

18 SYSTEM.—

19 ‘‘(1) IN GENERAL.—Not later than 90 days 

20 after enactment of the Safe, Accountable, Flexible, 

21 and Efficient Transportation Equity Act of 2003, 

22 the Secretary shall enter into a memorandum of un23 derstanding with the Commissioner of the Internal 

24 Revenue Service for the purposes of the develop25 ment, operation, and maintenance of a registration 
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1 system for pipelines, vessels, and barges, and opera2 tors of such pipelines, vessels, and barges, that make 

3 bulk transfers of taxable fuel. 

4 ‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER5 STANDING.—The memorandum of understanding 

6 shall provide that—

7 ‘‘(A) the Internal Revenue Service shall de8 velop and maintain the registration system 

9 through contracts; 

10 ‘‘(B) the Commissioner of the Internal 

11 Revenue Service shall submit and the Secretary 

12 shall approve a budget and project plan for de13 velopment, operation, and maintenance of the 

14 registration system; 

15 ‘‘(C) the registration system shall be under 

16 the control of the Internal Revenue Service; and 

17 ‘‘(D) the registration system shall be made 

18 available for use by appropriate State and Fed19 eral revenue, tax, and law enforcement authori20 ties, subject to section 6103 of the Internal 

21 Revenue Code of 1986. 

22 ‘‘(3) FUNDING.—Of the amounts made avail23 able to carry out this section for each of fiscal years 

24 2004 through 2009, the Secretary shall make funds 

25 available to the Internal Revenue Service to com-
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1 plete, operate, and maintain a registration system 

2 for pipelines, vessels, and barges, and operators of 

3 such pipelines, vessels, and barges, that make bulk 

4 transfers of taxable fuel in accordance with this sub5 section. 

6 ‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATA7 BASE.—

8 ‘‘(1) IN GENERAL.—Not later than 90 days 

9 after enactment of the Safe, Accountable, Flexible, 

10 and Efficient Transportation Equity Act of 2003, 

11 the Secretary shall enter into a memorandum of un12 derstanding with the Commissioner of the Internal 

13 Revenue Service for the purposes of the establish14 ment, operation, and maintenance of an electronic 

15 database of heavy vehicle highway use tax payments. 

16 ‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER17 STANDING.—The memorandum of understanding 

18 shall provide that—

19 ‘‘(A) the Internal Revenue Service shall es20 tablish and maintain the electronic database 

21 through contracts; 

22 ‘‘(B) the Commissioner of the Internal 

23 Revenue Service shall submit and the Secretary 

24 shall approve a budget and project plan for es-
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1 tablishment, operation, and maintenance of the 

2 electronic database; 

3 ‘‘(C) the electronic database shall be under 

4 the control of the Internal Revenue Service; and 

5 ‘‘(D) the electronic database shall be made 

6 available for use by appropriate State and Fed7 eral revenue, tax, and law enforcement authori8 ties, subject to section 6103 of the Internal 

9 Revenue Code of 1986. 

10 ‘‘(3) FUNDING.—Of the amounts made avail11 able to carry out this section for each of fiscal years 

12 2004 through 2009, the Secretary shall make funds 

13 available to the Internal Revenue Service to estab14 lish, operate, and maintain an electronic database of 

15 heavy vehicle highway use tax payments in accord16 ance with this subsection. 

17 ‘‘(f) REPORTS.—By March 30 and September 30 of 

18 each year, the Internal Revenue Service shall provide re19 ports to the Secretary on the status of the Internal Rev20 enue Service projects funded under this section related to 

21 the excise summary terminal activity reporting system; the 

22 pipeline, vessel, and barge registration system; and the 

23 heavy vehicle use tax electronic database.’’. 

24 (d) ALLOCATIONS.—Of the amounts authorized to be 

25 appropriated under section 1101(a)(14) of this Act for 
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1 Highway Use Tax Evasion Projects for each of fiscal years 

2 2004 through 2009, $4,500,000 shall be allocated to the 

3 States, and for fiscal year 2004, $20,050,000 shall be allo4 cated to the Internal Revenue Service, of which 

5 $10,500,000 shall be dedicated to the excise summary ter6 minal activity reporting system, for each of fiscal years 

7 2005 and 2006, $48,000,000 shall be allocated to the In8 ternal Revenue Service, of which $4,500,000 shall be dedi9 cated to the excise summary terminal activity reporting 

10 system, for fiscal year 2007, $38,000,000 shall be allo11 cated to the Internal Revenue Service, of which 

12 $4,500,000 shall be dedicated to the excise summary ter13 minal activity reporting system, and for each of fiscal 

14 years 2008 and 2009, $4,500,000 shall be allocated to the 

15 Internal Revenue Service, which shall be used for the ex16 cise summary terminal activity reporting system. 

17 Subtitle D—Program Efficiencies 

18 and Improvements—Safety 

19 SEC. 1401. NATIONAL HIGHWAY SAFETY GOAL; NATIONAL 

20 BLUE RIBBON COMMISSION ON HIGHWAY 

21 SAFETY. 

22 (a) NATIONAL HIGHWAY SAFETY GOAL.—Section 

23 101 of title 23, United States Code, is amended by adding 

24 at the end the following new subsection: 
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1 ‘‘(f) It is hereby declared to be in the national interest 

2 that the number of deaths attributable to traffic accidents 

3 on America’s highways be significantly reduced. To 

4 achieve this goal, a national initiative targeted at saving 

5 lives through improved engineering, education, enforce6 ment, and emergency response in cooperation with new 

7 and existing State and local safety programs is hereby au8 thorized.’’. 

9 (b) NATIONAL BLUE RIBBON COMMISSION ON HIGH10 WAY SAFETY.—

11 (1) ESTABLISHMENT.—The Secretary shall es12 tablish a National Blue Ribbon Commission on 

13 Highway Safety (hereinafter in this section referred 

14 to as ‘‘the Commission’’). 

15 (2) MEMBERSHIP.—

16 (A) COMPOSITION.—The Commission shall 

17 be composed of 15 members as follows—

18 (i) the Secretary or the Secretary’s 

19 delegate; 

20 (ii) the Administrators of the Federal 

21 Highway Administration; the National 

22 Highway Traffic Safety Administration; 

23 the Federal Motor Carrier Safety Adminis24 tration; and the Federal Railroad Adminis-
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1 tration, or the Administrators’ delegates; 

2 and 

3 (iii) 10 members appointed by the 

4 Secretary from among individuals who rep5 resent the interests of States and political 

6 subdivisions of States, the safety commu7 nity, public health, and State and local law 

8 enforcement agencies, and who have been 

9 nominated by the Committee on Environ10 ment and Public Works and the Committee 

11 on Commerce, Science and Transportation 

12 of the United States Senate and the Com13 mittee on Transportation and Infrastruc14 ture of the United States House of Rep15 resentatives. 

16 (B) APPOINTMENT.—The Secretary shall 

17 select the individuals to be appointed under this 

18 subsection on the basis of their knowledge, ex19 pertise, or experience related to highway safety. 

20 Half of the appointments shall be made from 

21 nominees submitted by the Committee on Envi22 ronment and Public Works and the Committee 

23 on Commerce, Science and Transportation of 

24 the Senate and the other half from the nomi25 nees submitted by the Committee on Transpor-
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1 tation and Infrastructure of the House of Rep2 resentatives. Each of these committees shall 

3 nominate 20 individuals qualified to serve on 

4 the Commission. 

5 (C) TERMS.—The term of each member of 

6 the Commission shall be 6 years. Any vacancy 

7 shall be filled in the manner the original ap8 pointment was made. The vacancy does not af9 fect the Commission’s powers. 

10 (3) FUNCTION.—The Commission, to carry out 

11 the direction of Congress, under section 101(f) of 

12 title 23, United States Code as amended by this Act, 

13 that the number of deaths attributable to traffic ac14 cidents on America’s highways be significantly re15 duced, shall—

16 (A) oversee a comprehensive study evalu17 ating the Nation’s highway safety needs over 

18 the next three decades in the areas of engineer19 ing, education, enforcement, and emergency re20 sponse and, based on such study, make specific 

21 recommendations to the Secretary for an 

22 achievable national goal for the reduction of 

23 highway fatalities and for the funding necessary 

24 to achieve such goal; 
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1 (B) assist in developing a national con2 sensus in support of such goal; and 

3 (C) advise, consult with, and make rec4 ommendations to, the Secretary to assist in 

5 identifying specific measures for achieving the 

6 national highway safety goal. 

7 (4) SPECIFIC MATTERS TO BE ADDRESSED.—

8 The national highway safety goal study conducted by 

9 the Commission shall examine the roles of highway 

10 infrastructure, drivers, and vehicles in fatalities on 

11 all public roads; identify high risk areas and activi12 ties associated with the greatest numbers of highway 

13 fatalities; examine the roles of various levels of gov14 ernment agencies and non-governmental organiza15 tions in reducing highway fatalities and recommend 

16 ways to strengthen highway safety partnerships; and 

17 identify measures that will save the most lives both 

18 long term and short term. The study shall consider, 

19 among other things, the findings, conclusions, and 

20 recommendations of highway safety studies and re21 search conducted by the Transportation Research 

22 Board, including studies related to implementation 

23 of the American Association of State Highway and 

24 Transportation Officials’ Strategic Highway Safety 

25 Plan. 
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1 (5) REPORTS TO CONGRESS.—

2 (A) INITIAL REPORT.—Not later than Sep3 tember 30, 2006, the Commission shall trans4 mit to Congress an initial report on the results 

5 of the national highway safety goal study, in6 cluding recommendations and such legislative 

7 recommendations as the President judges nec8 essary and expedient for an achievable national 

9 goal for the reduction of highway fatalities and 

10 for preliminary strategies to be implemented to 

11 achieve such goal. 

12 (B) FINAL REPORT.—Not later than Feb13 ruary 1, 2009, the Commission shall transmit 

14 to Congress a final report on the results of the 

15 national highway safety goal study, including 

16 recommendations and such legislative rec17 ommendations as the President judges nec18 essary and expedient for a comprehensive plan 

19 with specific strategies to achieve the fatality 

20 reduction goal recommended in the initial re21 port and for the level of funding necessary to 

22 implement such fatality reduction plan and 

23 strategies. 

24 (6) TERMINATION OF COMMISSION.—The Com25 mission shall terminate on the 180th day following 
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1 the date of transmittal of the final report to Con2 gress under paragraph (5)(B) of this subsection. By 

3 the 180th day, all records and papers of the Com4 mission shall be delivered to the Administrator of 

5 the General Services Administration for deposit in 

6 the National Archives. 

7 (7) AUTHORIZATION OF APPROPRIATIONS.—

8 There are authorized to be appropriated out of the 

9 Highway Trust Fund (other than the Mass Transit 

10 Account) up to $3,000,000 for fiscal year 2004, 

11 $1,000,000 for fiscal year 2005, $1,000,000 for fis12 cal year 2006, $1,000,000 for fiscal year 2007, 

13 $500,000 for fiscal year 2008, and $500,000 for fis14 cal year 2009 for the purposes of carrying out this 

15 subsection. 

16 (8) APPLICABILITY OF TITLE 23.—Funds au17 thorized by this subsection shall be available for obli18 gation in the same manner as if such funds were ap19 portioned under chapter 1 of title 23, United States 

20 Code, except that the Federal share of the cost of 

21 the study and the Commission under this section 

22 shall be 100 percent, and such funds shall remain 

23 available until expended. 
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1 SEC. 1402. HIGHWAY SAFETY IMPROVEMENT PROGRAM; 

2 FLEXIBILITY FOR SAFETY INITIATIVES 

3 (a) ESTABLISHMENT OF PROGRAM.—Chapter 1 of 

4 title 23, United States Code, is amended by inserting the 

5 following new section after section 149: 

6 ‘‘§ 150. Highway Safety Improvement Program 

7 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab8 lish and implement a highway safety improvement pro9 gram in accordance with this section, in order to signifi10 cantly reduce fatalities and serious injuries on the Na11 tion’s roadway system. 

12 ‘‘(b) PROGRAM.—

13 ‘‘(1) STATE RESPONSIBILITIES.—To receive 

14 funds under this section, each State shall have a 

15 process in place that identifies and analyzes highway 

16 safety problems and opportunities and will produce 

17 a program of projects for funding under this section 

18 based on this analysis. Such process and program of 

19 projects shall be known as the Highway Safety Im20 provement Program. The statewide program shall 

21 identify hazardous locations, sections, and elements 

22 including roadside obstacles, railway-highway cross23 ing needs, and unmarked or poorly marked roads 

24 that may constitute a danger to motorists, bicyclists, 

25 pedestrians, and other highway users. States shall 

26 also have crash data systems and the ability to per-
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1 form safety problem identification and counter2 measure analysis.

3 ‘‘(2) PROGRAM ADMINISTRATION.—The Sec4 retary shall establish implementing guidelines for 

5 this program, which shall include at a minimum the 

6 following components: 

7 ‘‘(A) STRATEGIC APPROACH TO HIGHWAY

8 SAFETY.—Each State shall, as appropriate, 

9 adopt strategic and performance-based goals for 

10 its Highway Safety Improvement Program. 

11 This statewide program shall address safety 

12 problems and opportunities on all roadways 

13 within the State, focus resources on areas of 

14 greatest need, and be complementary to the 

15 programs developed in response to section 402 

16 of this title. 

17 ‘‘(B) DATA IMPROVEMENT PROGRAM.—

18 Each State shall, as appropriate, advance its 

19 capabilities for traffic records data collection, 

20 analysis, and integration with other sources of 

21 safety data such as roadway inventories. Such 

22 a data improvement program shall be com23 plementary to the programs supported by sec24 tions 402 and 412 of this title; include all pub25 lic roads; and contain provisions to identify haz-
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1 ardous locations, sections, and elements on 

2 these public roads that constitute a danger to 

3 motorists, bicyclists, and pedestrians. 

4 ‘‘(C) PROGRAM OF IMPROVEMENTS.—Each 

5 State shall determine priorities for the correc6 tion of hazardous roadway locations, sections, 

7 and elements, including railway-highway cross8 ing improvements, as identified through crash 

9 data analysis; identify opportunities for pre10 venting the development of such hazardous con11 ditions; and establish and implement a schedule 

12 of safety improvement projects for hazard cor13 rection and hazard prevention. 

14 ‘‘(D) EVALUATION.—Each State shall, as 

15 appropriate, establish an evaluation process to 

16 analyze and assess results achieved by safety 

17 improvement projects carried out in accordance 

18 with procedures and criteria established by this 

19 section, and such information shall be used in 

20 setting priorities for safety improvement 

21 projects. 

22 ‘‘(c) REPORTS.—Each State shall report to the Sec23 retary on progress being made to implement safety im24 provement projects under this section and the effective-
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1 ness of such improvements. The Secretary shall establish 

2 the content and schedule for such reports. 

3 ‘‘(d) ELIGIBLE PROJECTS.—

4 ‘‘(1) IN GENERAL.—A State may obligate funds 

5 apportioned to it under this section for any safety 

6 improvement project on any public road or publicly7 owned bicycle or pedestrian pathway or trail. 

8 ‘‘(2) SAFETY IMPROVEMENT PROJECT.—For 

9 purposes of this section the term ’safety improve10 ment project’ means a project that corrects or im11 proves a hazardous roadway location or feature, or 

12 proactively addresses highway safety problems, in13 cluding: intersection improvements, pavement and 

14 shoulder widening, installation of rumble strips and 

15 other warning devices, improving skid resistance, im16 provements for pedestrian or bicyclist safety, rail17 way-highway crossing safety, traffic calming, elimi18 nation of roadside obstacles, improving highway 

19 signage and pavement marking, installing priority 

20 control systems for emergency vehicles at signalized 

21 intersections, installing traffic control or warning de22 vices at locations with high accident potential, safety 

23 conscious planning, and improving crash data collec24 tion and analysis. 
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1 ‘‘(e) FUNDING.—Sums authorized to be appropriated 

2 to carry out this section shall be apportioned in accordance 

3 with section 104(b)(5). 

4 ‘‘(f) FEDERAL SHARE.—The Federal share payable 

5 on account of any project carried out under this section 

6 shall be 90 percent of the cost thereof. 

7 ‘‘(g) USE OF FUNDS.—Beginning in fiscal year 2005 

8 and for each fiscal year thereafter, 10 percent of the funds 

9 available to a State to carry out the highway safety im10 provement program established in accordance with this 

11 section shall be obligated for projects under section 402 

12 of this title, unless by October 1 of the fiscal year in which 

13 funds become available to a State the State has enacted 

14 a primary safety belt law or the State demonstrates that 

15 the safety belt use rate in that State meets or exceeds 

16 90 percent. A State subject to the provisions of this sub17 section must have in place or adopt a strategic highway 

18 safety plan in accordance with section 151 of this title. 

19 Activities funded under this subsection shall be consistent 

20 with such a plan. 

21 ‘‘(h) USE OF OTHER FUNDING FOR SAFETY.—Noth22 ing in this section shall be interpreted to prohibit the use 

23 of funds made available under other sections of this title 

24 for highway safety improvement projects, and States are 

25 to encouraged to address the full scope of their safety 
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1 needs and opportunities by using other funds unless provi2 sions exist that prohibit such use.’’. 

3 (b) APPORTIONMENT OF HIGHWAY SAFETY IM4 PROVEMENT PROGRAM FUNDS.—Section 104 of such title 

5 is amended—

6 (1) by inserting in subsection (a) ‘‘the Highway 

7 Safety Improvement Program under section 150,’’ 

8 after ‘‘section 204,’’; 

9 (2) by inserting in subsection (b) ‘‘the Highway 

10 Safety Improvement Program,’’ after ‘‘Improvement 

11 Program,’’; and 

12 (3) by adding at the end of subsection (b) the 

13 following new paragraph: 

14 ‘‘(5) HIGHWAY SAFETY IMPROVEMENT PRO15 GRAM.—

16 ‘‘(A) IN GENERAL.—For the Highway 

17 Safety Improvement Program, in accordance 

18 with the following formula: 

19 ‘‘(i) 25 percent of the apportionments 

20 in the ratio that—

21 ‘‘(I) the total lane miles of Fed22 eral-aid highways in each State; bears 

23 to 

24 ‘‘(II) the total lane miles of Fed25 eral-aid highways in all States. 
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1 ‘‘(ii) 40 percent of the apportionments 

2 in the ratio that—

3 ‘‘(I) the total vehicle miles trav4 eled on lanes on Federal-aid highways 

5 in each State; bears to 

6 ‘‘(II) the total vehicle miles trav7 eled on lanes on Federal-aid highways 

8 in all States. 

9 ‘‘(iii) 35 percent of the apportion10 ments in the ratio that—

11 ‘‘(I) the estimated tax payments 

12 attributable to highway users in each 

13 State paid into the Highway Trust 

14 Fund (other than the Mass Transit 

15 Account) in the latest fiscal year for 

16 which data are available; bears to

17 ‘‘(II) the estimated tax payments 

18 attributable to highway users in all 

19 States paid into the Highway Trust 

20 Fund (other than the Mass Transit 

21 Account) in the latest fiscal year for 

22 which data are available. 

23 ‘‘(B) MINIMUM APPORTIONMENT.—Not24 withstanding subparagraph (A), each State 
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1 shall receive a minimum of 1/2 of 1 percent of 

2 the funds apportioned under this paragraph.’’. 

3 (c) FLEXIBILITY FOR SAFETY INITIATIVES.—Chap4 ter 1 of such title, as amended by this Act, is further 

5 amended—

6 (1) by repealing section 152; 

7 (2) by redesignating section 151 as section 152; 

8 and 

9 (3) by inserting the following new section 151 

10 after section 150: 

11 ‘‘§ 151. Flexibility for safety initiatives 

12 ‘‘(a) IN GENERAL.—As provided in this section, a 

13 State that develops and implements a strategic highway 

14 safety plan and comprehensive safety planning process 

15 shall have the flexibility to use funds available under sec16 tion 150 of this title, the Highway Safety Improvement 

17 Program, for title 23 safety purposes not otherwise eligible 

18 under such section, including funding for public aware19 ness, education, and enforcement. 

20 ‘‘(b) STRATEGIC HIGHWAY SAFETY PLAN.—To qual21 ify for flexible safety funding as provided under this sec22 tion, the State strategic highway safety plan must—

23 ‘‘(1) be based on a collaborative process that in24 cludes the State Department of Transportation, the 

25 Governor’s Representative for Highway Safety, per-
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1 sons responsible for administering section 130 of 

2 this title at the State level, and other major State 

3 and local safety stakeholders, including Operation 

4 Lifesaver; 

5 ‘‘(2) address engineering, education, enforce6 ment, and emergency services elements of highway 

7 safety; 

8 ‘‘(3) consider the results of existing State 

9 transportation and highway safety planning proc10 esses; and 

11 ‘‘(4) be certified by the Secretary, in consulta12 tion with the Federal Highway Administration and 

13 the National Highway Traffic Safety Administra14 tion, as based on a comprehensive, collaborative 

15 process, and effective analyses of State crash data. 

16 ‘‘(c) SAFETY ACTIVITIES CONSISTENT WITH

17 PLAN.—To qualify for the flexible use of funds available 

18 under sections 150 and 402(k) in accordance with this sec19 tion, activities must be consistent with the State strategic 

20 highway safety plan. 

21 ‘‘(d) OTHER TRANSPORTATION AND HIGHWAY SAFE22 TY PLANS.—Nothing in this section shall require a State 

23 to revise existing State processes, plans, or programs. 

24 ‘‘(e) FLEXIBLE FUNDING.—A State that receives 

25 funds under section 150 shall use such funds for projects 
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1 eligible under such section, except that up to 50 percent 

2 of such funds may be used for activities eligible for assist3 ance under section 402 of this title that are consistent 

4 with the State’s strategic highway safety plan and not oth5 erwise eligible for assistance under section 150.’’. 

6 (d) ELIMINATION OF SURFACE TRANSPORTATION

7 PROGRAM SET-ASIDE.—Section 133(d) of such title is 

8 amended by striking paragraph (1) and by redesignating 

9 paragraphs (2) through (5) as paragraphs (1) through 

10 (4), respectively. 

11 (e) CONFORMING AMENDMENTS.— 

12 (1) The analysis for chapter 1 of such title is 

13 amended—

14 (A) by striking the item relating to section 

15 152; 

16 (B) by renumbering ‘‘151. National bridge 

17 inspection program.’’ as ‘‘152’’; and 

18 (C) by inserting after the item relating to 

19 section 149 the following:

‘‘150. Highway Safety Improvement Program. 

‘‘151. Flexibility for safety initiatives.’’.

20 (2) Section 130 of such title is amended— 

21 (A) by striking subsections (e) and (f) and 

22 redesignating subsections (g) through (j) as (e) 

23 through (h), respectively; and 
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1 (B) in subsection (f), as redesignated by 

2 this Act, by striking ‘‘authorized to be appro3 priated to carry out this section’’ and inserting 

4 ‘‘made available as provided under section 150 

5 of this title to carry out this section’’. 

6 (3) Section 154(c)(3) of such title is amended 

7 by striking ‘‘152’’ and inserting ‘‘150’’. 

8 (4) Section 164(b)(3) of such title is amended 

9 by striking ‘‘152’’ and inserting ‘‘150’’. 

10 (5) Section 409 of such title is amended by 

11 striking ‘‘152’’ and inserting ‘‘150’’. 

12 SEC. 1403. OPERATION LIFESAVER. 

13 Section 104(d)(1) of title 23, United States Code, is 

14 amended by striking ‘‘$500,000’’ and inserting 

15 ‘‘$600,000’’. 

16 SEC. 1404. HIGHWAY SAFETY PROGRAMS; CERTIFICATION 

17 OF PUBLIC ROAD MILEAGE. 

18 Section 402(c) of title 23, United States Code, is 

19 amended by striking in the fifth sentence ‘‘the Governor 

20 of’’. 
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1 Subtitle E—Program Efficiencies 

2 and Improvements—Planning 

3 SEC. 1501. METROPOLITAN PLANNING. 

4 Section 134 of title 23, United States Code, is 

5 amended by striking subsections (a) through (o) and in6 serting the following: 

7 ‘‘Metropolitan planning shall be carried out in ac8 cordance with section 5203 of title 49, United States 

9 Code.’’. 

10 SEC. 1502. STATEWIDE PLANNING. 

11 Section 135 of title 23, United States Code, is 

12 amended by striking subsections (a) through (i) and in13 serting the following: 

14 ‘‘Statewide planning shall be carried out in accord15 ance with section 5204 of title 49, United States Code.’’. 

16 SEC. 1503. STATE PLANNING AND RESEARCH. 

17 (a) STATE PLANNING AND RESEARCH.—Chapter 5 

18 of title 23, United States Code, is amended by striking 

19 section 505.

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 5 of such title is amended by striking the item 

22 related to section 505. 

23 (c) APPORTIONMENT.—Section 104 of title 23, 

24 United States Code, is amended—
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1 (1) by redesignating subsections (i), (j), (k), 

2 and (l) as subsections (k), (l), (m), and (n), respec3 tively; and 

4 (2) by inserting after subsection (h) the fol5 lowing: 

6 ‘‘(i) STATE PLANNING AND RESEARCH.—

7 ‘‘(1) IN GENERAL.—Two and 1/2 percent of the 

8 sums apportioned to a State for each fiscal year 

9 under this section (other than subsections (f) and 

10 (h)) and under sections 105 and 144 of this title 

11 shall be available for expenditure by the State, in 

12 consultation with the Secretary, only for the fol13 lowing purposes: 

14 ‘‘(A) Engineering and economic surveys 

15 and investigations. 

16 ‘‘(B) The planning of future highway and 

17 local public transportation systems, the plan18 ning of the financing of such systems, and met19 ropolitan and statewide planning under sections 

20 134 and 135 of this title, including freight 

21 planning, safety planning, transportation sys22 tems management and operations planning, 

23 transportation-related land use planning, and 

24 transportation-related growth management ac25 tivities within these planning processes and 
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1 planning capacity building activities described 

2 in section 104(j) of this title. 

3 ‘‘(C) Development and implementation of 

4 infrastructure management and traffic moni5 toring systems under section 303 of this title 

6 and for asset management activities. 

7 ‘‘(D) Studies of the economy, safety, and 

8 convenience of highway and local public trans9 portation systems and the desirable regulation 

10 and equitable taxation of their use. 

11 ‘‘(E) Research, development, and tech12 nology transfer activities necessary in connec13 tion with the planning, design, construction, 

14 management, maintenance, regulation, and tax15 ation of the use of highway, local public trans16 portation, and intermodal transportation sys17 tems. 

18 ‘‘(F) Study, research, and training on the 

19 engineering standards and construction mate20 rials, including accreditation of inspection and 

21 testing, for highway, local public transportation, 

22 and intermodal transportation systems. 

23 ‘‘(2) MINIMUM EXPENDITURES ON RESEARCH, 

24 DEVELOPMENT, AND TECHNOLOGY TRANSFER AC25 TIVITIES.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), not less than 20 percent of the 

3 funds subject to paragraph (1) for a fiscal year 

4 shall be expended by the State for research, de5 velopment, and technology transfer activities 

6 described in paragraph (1), relating to highway, 

7 local public transportation, and intermodal 

8 transportation systems. 

9 ‘‘(B) WAIVERS.—The Secretary may waive 

10 the application of subparagraph (A) with re11 spect to a State for a fiscal year if the State 

12 certifies to the Secretary for the fiscal year that 

13 the funds described in subparagraph (A) are 

14 not needed for research, development, and tech15 nology transfer and the Secretary accepts such 

16 certification. 

17 ‘‘(C) NONAPPLICABILITY OF ASSESS18 MENT.—Funds expended under subparagraph 

19 (A) shall not be considered to be part of the ex20 tramural budget of the agency for the purpose 

21 of section 9 of the Small Business Act (15 

22 U.S.C. 638). 

23 ‘‘(3) MINIMUM EXPENDITURES FOR IMPROVING

24 THE QUALITY OF COLLECTION AND REPORTING OF

25 STRATEGIC SURFACE TRANSPORTATION DATA.—
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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), not less than 20 percent of the 

3 funds subject to paragraph (1) for a fiscal year 

4 shall be expended by the State to improve the 

5 collection and reporting of strategic surface 

6 transportation data to provide critical informa7 tion about the extent, condition, use, perform8 ance, and financing of the Nation’s highways 

9 (including intermodal connectors) for passenger 

10 and freight movement. 

11 ‘‘(B) WAIVERS.—The Secretary may waive 

12 the application of subparagraph (A) with re13 spect to a State for a fiscal year if the State 

14 certifies to the Secretary for the fiscal year that 

15 the State is collecting and reporting strategic 

16 data consistent with quality assurance guide17 lines developed cooperatively with the States 

18 and the Secretary approves such certification. If 

19 such waiver is approved, the funds may be used 

20 for the activities described in paragraph (1) of 

21 this subsection. 

22 ‘‘(4) FEDERAL SHARE.—The Federal share of 

23 the cost of a project carried out using funds subject 

24 to paragraph (1) shall be matched in accordance 

25 with section 120(b) unless the Secretary determines 
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1 that the interests of the Federal-aid highway pro2 gram would be best served without such matching. 

3 ‘‘(5) ADMINISTRATION OF SUMS.—Funds sub4 ject to paragraph (1) shall be combined and admin5 istered by the Secretary as a single fund and shall 

6 be available for obligation for the same period as 

7 funds apportioned under section 104(b)(1).’’. 

8 SEC.1504. CRITICAL REAL PROPERTY ACQUISITION. 

9 Section 108 of title 23, United States Code, is 

10 amended by adding at the end the following: 

11 ‘‘(d) CRITICAL REAL PROPERTY ACQUISITION.—

12 ‘‘(1) Subject to paragraph (2), funds appor13 tioned to a State under this title may be used to 

14 participate in the payment of costs incurred in the 

15 acquisition of real property that is deemed critical, 

16 as determined under paragraph (2), for any project 

17 proposed for funding under this title, prior to the 

18 completion of any required environmental reviews for 

19 property acquisition. 

20 ‘‘(2) The Federal share payable of the costs de21 scribed in paragraph (1) shall be eligible for reim22 bursement out of funds apportioned to a State under 

23 this title if, prior to acquisition, the State dem24 onstrates to the Secretary, and the Secretary deter25 mines, that the property is offered for sale on the 
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1 open market, that the State will comply fully with 

2 the Uniform Relocation Assistance and Real Prop3 erty Acquisition Policies Act in acquiring the prop4 erty, and that immediate acquisition of the property 

5 is critical because either—

6 ‘‘(A) normal appraisal techniques show 

7 that the property’s value is increasing signifi8 cantly; 

9 ‘‘(B) there is an imminent threat of devel10 opment or redevelopment of the property; or

11 ‘‘(C) the property is necessary for the im12 plementation of the goals as stated in the 

13 project proposal. 

14 ‘‘(3) An acquisition undertaken pursuant to this 

15 section shall be considered to be an exempt project 

16 under section 176 of the Clean Air Act and its im17 plementing regulations. 

18 ‘‘(4) No project development activity may be 

19 undertaken on property acquired in accordance with 

20 paragraph (2) until any required environmental re21 views for the project have been completed. 

22 ‘‘(5) The number of critical acquisitions associ23 ated with a project shall be limited and shall not af24 fect the consideration of project alternatives during 

25 the environmental review process. 
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1 ‘‘(6) Section 156(c) of this title shall not apply 

2 to the sale, use or lease of any property acquired in 

3 accordance with paragraph (2).’’. 

4 SEC. 1505. PLANNING CAPACITY BUILDING INITIATIVE. 

5 Section 104 of title 23, United States Code, is 

6 amended by inserting after subsection (i), as added by this 

7 Act, the following: 

8 ‘‘(j) PLANNING CAPACITY BUILDING INITIATIVE.—

9 ‘‘(1) IN GENERAL.—The Secretary shall estab10 lish a planning capacity building initiative to support 

11 enhancements in transportation planning, in order 

12 to—

13 ‘‘(A) strengthen metropolitan and state14 wide transportation planning under chapter 52 

15 of title 49; 

16 ‘‘(B) enhance tribal capacity to conduct 

17 joint transportation planning under Chapter 2 

18 of this title; and 

19 ‘‘(C) participate in the metropolitan and 

20 statewide transportation planning programs 

21 under chapter 52 of title 49. 

22 ‘‘(2) PRIORITY.—The Secretary shall give pri23 ority to planning practices and processes that sup24 port homeland security planning, performance based 

25 planning, safety planning, operations planning, 
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1 freight planning, and integration of environment and 

2 planning. 

3 ‘‘(3) USE OF FUNDS.—Funds authorized for 

4 this program may be used for research, program de5 velopment, information collection and dissemination, 

6 and technical assistance. The Secretary may use 

7 these funds independently or make grants to, or 

8 enter into contracts, cooperative agreements, and 

9 other transactions, with a Federal agency, State 

10 agency, local agency, federally recognized Indian 

11 tribal government or tribal consortium, authority, 

12 association, nonprofit or for-profit corporation, or in13 stitution of higher education, to carry out the pur14 poses of this subsection. 

15 ‘‘(4) SET-ASIDE.—On October 1 of each fiscal 

16 year, the Secretary, after making the deductions au17 thorized by subsections (a) and (f) of section 104 of 

18 this title, shall set aside $20,000,000 of the remain19 ing funds authorized for the Surface Transportation 

20 Program to carry out the requirements of this sub21 section. 

22 ‘‘(5) FEDERAL SHARE.—The Federal share of 

23 the cost of an activity carried out using such funds 

24 shall be up to 100 percent, and such funds shall re25 main available until expended. 
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1 ‘‘(6) ADMINISTRATION.—This initiative shall be 

2 administered by the Federal Highway Administra3 tion in cooperation with the Federal Transit Admin4 istration.’’. 

5 Subtitle F—Program Efficiencies 

6 and Improvements—Environment 

7 SEC. 1601. CONGESTION MITIGATION AND AIR QUALITY IM8 PROVEMENT PROGRAM. 

9 (a) ELIGIBLE PROJECTS.—Section 149(b) of title 23, 

10 United States Code, is amended—

11 (1) in the first paragraph, by inserting ‘‘and, 

12 the project or program will reduce emissions to con13 tribute to the attainment or maintenance of the Na14 tional Ambient Air Quality Standard for which the 

15 area is or was designated nonattainment,’’ after 

16 ‘‘December 31, 1997,’’; 

17 (2) in subsection (1)(A), by striking ‘‘(other 

18 than clause (xvi) of such section)’’; 

19 (3) in paragraph (1)(A)(ii), by inserting ‘‘by 

20 providing new or enhanced transportation facilities 

21 or services to further reduce emissions’’ after 

22 ‘‘area’’; 

23 (4) in paragraph (1)(B), by inserting ‘‘or’’ at 

24 the end after ‘‘section;’’; 
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1 (5) in paragraph (2), by inserting ‘‘or program’’ 

2 after ‘‘and the project’’, and by striking ‘‘have air 

3 quality benefits;’’ and inserting ‘‘reduce emissions; 

4 or’’; 

5 (6) in paragraph (3), by—

6 ‘‘(A) inserting ‘‘if’’ after ‘‘(3)’’; 

7 ‘‘(B) striking ‘‘contribute to the attain8 ment of a national ambient air quality stand9 ard’’ and inserting ‘‘reduce emissions’’; 

10 ‘‘(C) striking the comma after ‘‘traveled’’ 

11 and inserting ‘‘or’’; and 

12 ‘‘(D) inserting ‘‘through technological im13 provements such as anti-idling equipment and 

14 diesel retrofits for trucks, school buses, transit 

15 buses and other vehicles’’ after ‘‘consumption,’’; 

16 (7) in paragraph (4), by inserting ‘‘if the 

17 project or program is’’ after ‘‘(4)’’, and by striking 

18 ‘‘contribute to the attainment of a national ambient 

19 air quality standard’’ and inserting ‘‘reduce emis20 sions’’; 

21 (8) in paragraph (5), by striking ‘‘that are eli22 gible for assistance under this section on the day be23 fore the date of enactment of this paragraph’’ and 

24 inserting ‘‘that will reduce emissions’’; and 
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1 (9) in the final unnumbered paragraph, by 

2 striking the second sentence. 

3 (b) STATES RECEIVING MINIMUM APPORTION4 MENT.—Section 149(c) of such title is amended in para5 graphs (1) and (2) by inserting ‘‘OR MAINTENANCE’’ 

6 after ‘‘NONATTAINMENT’’ in the heading of each para7 graph. 

8 (c) SELECTION OF PROJECTS.—Section 149 of such 

9 title is amended by adding at the end the following new 

10 paragraph: 

11 ‘‘(f) INTERAGENCY CONSULTATION.—The Secretary 

12 shall encourage States and metropolitan planning organi13 zations to consult with State and local air quality agencies 

14 in nonattainment and maintenance areas on the estimated 

15 emissions reductions from proposed congestion mitigation 

16 and air quality improvement programs and projects.’’.

17 (d) EVALUATION AND ASSESSMENT OF PROJECTS.—

18 Section 149 of such title is amended by adding at the end 

19 the following new paragraph: 

20 ‘‘(g) EVALUATION AND ASSESSMENT OF

21 PROJECTS.—

22 ‘‘(1) EVALUATION AND ASSESSMENT.—The 

23 Secretary, in consultation with the Administrator of 

24 the Environmental Protection Agency, shall evaluate 

25 and assess a representative sample of projects fund-
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1 ed under the Congestion Mitigation and Air Quality 

2 Improvement Program for their actual impact on 

3 emissions, and congestion levels and to assure effec4 tive program implementation. Using appropriate as5 sessments of CMAQ-funded projects, and results 

6 from other research, the Secretary shall maintain a 

7 cumulative database on these impacts for broad dis8 semination. 

9 ‘‘(2) FUNDING.—Funds set aside under section 

10 104(o) of this title shall be available to carry out 

11 this subsection.’’. 

12 (e) FUNDING FOR EVALUATION AND ASSESSMENT OF

13 PROJECTS.—Section 104 of such title is amended by add14 ing at the end the following new subsection: 

15 ‘‘(o) CONGESTION MITIGATION AND AIR QUALITY

16 IMPROVEMENT PROGRAM EVALUATION AND ASSESSMENT

17 OF PROJECTS.—Before making apportionments under 

18 subsection (b)(2) of this section for a fiscal year, the Sec19 retary shall deduct 0.5 percent from the amount to be ap20 portioned for such fiscal year for the purpose of carrying 

21 out the requirements of section 149(g) of this title.’’. 

22 (f) APPORTIONMENTS.—Section 104(b) of such title 

23 23 is amended—

24 (1) in paragraph (2)(B), by striking ‘‘or’’ after 

25 ‘‘ozone’’ and inserting a comma, and by inserting ‘‘, 
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1 or fine particulate matter (PM–2.5)’’ after ‘‘carbon 

2 monoxide’’; 

3 (2) by amending paragraph (2)(B)(i) to read as 

4 follows: 

5 ‘‘(i) 1.0 if at the time of the appor6 tionment, the area is a maintenance 

7 area;’’; 

8 (3) in paragraph (2)(B)(vi), by striking ‘‘or’’ 

9 after the semicolon; 

10 (4) in paragraph (2)(B)(vii), by inserting ‘‘for 

11 ozone’’ after ‘‘maintenance area’’, and striking ‘‘for 

12 ozone’’ after ‘‘section 149(b)’’ and inserting ‘‘or for 

13 PM–2.5’’; 

14 (5) by adding at the end of paragraph (2)(B) 

15 two new clauses to read as follows: 

16 ‘‘(viii) 1.0 if, at the time of apportion17 ment, any county, not designated as a non18 attainment or maintenance area under the 

19 1-hour ozone standard, is designated as 

20 nonattainment under the 8-hour ozone 

21 standard; or 

22 ‘‘(ix) 1.2 if, at the time of apportion23 ment, the area is not a nonattainment or 

24 maintenance area as described in section 

25 149(b) for ozone or carbon monoxide, but 
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1 is an area designated nonattainment under 

2 the PM–2.5 standard.’’; 

3 (6) by amending paragraph (2)(C) to read as 

4 follows: 

5 ‘‘(C) ADDITIONAL ADJUSTMENT FOR CAR6 BON MONOXIDE AREAS.—If, in addition to 

7 being designated as a nonattainment or mainte8 nance area for ozone as described in section 

9 149(b), any county within the area was also 

10 classified under subpart 3 of part D of title I 

11 of such Act (42 U.S.C. 7512 et seq.) as a non12 attainment or maintenance area described in 

13 section 149(b) for carbon monoxide, the weight14 ed nonattainment or maintenance area popu15 lation of the county, as determined under 

16 clauses (i) through (vi) of subparagraph (B), 

17 shall be further multiplied by a factor of 1.2.’’; 

18 and 

19 (7) by redesignating paragraphs (2)(D) and 

20 (2)(E) as (2)(E) and (2)(F) and inserting after 

21 paragraph (2)(C) a new paragraph (2)(D) to read as 

22 follows: 

23 ‘‘(D) ADDITIONAL ADJUSTMENT FOR PM–

24 2.5 AREAS.—If, in addition to being designated 

25 as a nonattainment or maintenance area for 
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1 ozone, carbon monoxide or both as described in 

2 section 149(b), any county within the area was 

3 also designated under the PM–2.5 standard as 

4 a nonattainment or maintenance area, the 

5 weighted nonattainment or maintenance area 

6 population of those counties shall be further 

7 multiplied by a factor of 1.2.’’. 

8 SEC. 1602. EFFICIENT ENVIRONMENTAL REVIEWS FOR 

9 PROJECT DECISIONMAKING. 

10 (a) POLICY AND PURPOSE.—

11 (1) POLICY.—The Enlibra principles, as ini12 tially developed by the Western Governors Associa13 tion and adopted by the National Governors Associa14 tion, represent a sound basis for interaction among 

15 the Federal, State, local governments, and tribes on 

16 environmental matters and should be followed to the 

17 maximum extent practicable in the development of 

18 highway construction and public transit improve19 ments. These principles are: 

20 (A) Assign responsibilities at the right 

21 level. 

22 (B) Use collaborative processes to break 

23 down barriers and find solutions. 

24 (C) Move to a performance-based system. 
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1 (D) Separate subjective choices from objec2 tive data gathering. 

3 (E) Pursue economic incentives whenever 

4 appropriate. 

5 (F) Ensure environmental understanding. 

6 (G) Make sure environmental decisions are 

7 fully informed. 

8 (H) Use appropriate geographic bound9 aries for environmental problems. 

10 (2) PURPOSE.—The purpose of this section is 

11 to reduce delays in the delivery of highway construc12 tion and public transit projects arising from the en13 vironmental review process, while continuing to en14 sure the protection of the human and natural envi15 ronment. 

16 (b) COORDINATED ENVIRONMENTAL REVIEW PROC17 ESS.—

18 (1) DEVELOPMENT AND IMPLEMENTATION.—

19 The Secretary shall develop and implement a coordi20 nated environmental review process for highway con21 struction and public transit projects that require—

22 (A) the preparation of an environmental 

23 impact statement or environmental assessment 

24 under the National Environmental Policy Act of 

25 1969 (42 U.S.C. 4321 et seq.), except that the 
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1 Secretary may decide not to apply this section 

2 to the preparation of an environmental assess3 ment under such Act; or 

4 (B) the conduct of any other environ5 mental review or analysis, rendering of an opin6 ion, or issuance of an environmental permit, li7 cense, or approval under Federal law. 

8 (2) MEMORANDUM OF UNDERSTANDING.—

9 (A) IN GENERAL.—The coordinated envi10 ronmental review process may be specified for a 

11 particular project, class of projects, or program 

12 and shall ensure that, whenever practicable (as 

13 specified in this section), all environmental re14 views, analyses, opinions, and any permits, li15 censes, or approvals that must be issued or 

16 made by any Federal agency for the project 

17 concerned shall be conducted concurrently and 

18 completed within a cooperatively determined 

19 time period. Such process for a project, class 

20 of projects, or program may be incorporated 

21 into a memorandum of understanding between 

22 the Department of Transportation and affected 

23 Federal agencies (and, where appropriate, State 

24 and local agencies and federally recognized 

25 tribes). 
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1 (B) ESTABLISHMENT OF TIME PERIODS.—

2 In establishing the time period referred to in 

3 subparagraph (A), and any time periods for re4 view within such period, the Department and all 

5 such agencies shall take into account their re6 spective resources and statutory commitments. 

7 (c) ELEMENTS OF COORDINATED ENVIRONMENTAL

8 REVIEW PROCESS.—For each project, the coordinated en9 vironmental review process established under this section 

10 shall provide, at a minimum, for the following elements: 

11 (1) FEDERAL AGENCY IDENTIFICATION.—The 

12 Secretary shall, at the earliest possible time, identify 

13 all potential Federal agencies that— 

14 (A) have jurisdiction by law over or special 

15 expertise related to environmental-related issues 

16 that may be affected by the project and the 

17 analysis of which would be part of any environ18 mental document required by the National En19 vironmental Policy Act of 1969 (42 U.S.C. 

20 4321 et seq.); or 

21 (B) may be required by Federal law to 

22 independently— 

23 (i) conduct an environmental-related 

24 review or analysis for the project; 
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1 (ii) determine whether to issue a per2 mit, license, or approval for the project; or 

3 (iii) render an opinion on the environ4 mental impact of the project. 

5 (2) TIME LIMITATIONS AND CONCURRENT RE6 VIEW.—If requested by the project sponsor, the Sec7 retary and the head of each Federal agency identi8 fied under paragraph (1)—

9 (A)(i) shall jointly develop and establish 

10 time periods for review for— 

11 (I) all Federal agency comments with 

12 respect to any environmental documents 

13 required by the National Environmental 

14 Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) for the project; and 

16 (II) all other independent Federal 

17 agency environmental analyses, reviews, 

18 opinions, and decisions on any permits, li19 censes, and approvals that must be issued 

20 or made for the project; such that each 

21 such Federal agency’s review shall be un22 dertaken and completed within such estab23 lished time periods for review; or 
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1 (ii) may enter into an agreement to estab2 lish such time periods for review with respect to 

3 a class of projects or programs; and 

4 (B) shall ensure, in establishing such time 

5 periods for review, that the conduct of any such 

6 analysis or review, rendering of such opinion, 

7 and the issuance of such decision is undertaken 

8 concurrently with all other environmental re9 views for the project, including the reviews re10 quired by the National Environmental Policy 

11 Act of 1969 (42 U.S.C. 4321 et seq.); except 

12 that such review may not be concurrent if the 

13 affected Federal agency can demonstrate that 

14 such concurrent review would result in a signifi15 cant adverse impact to the environment or sub16 stantively alter the operation of Federal law or 

17 would not be possible without information de18 veloped as part of the environmental review 

19 process. 

20 (3) FACTORS TO BE CONSIDERED.—Time peri21 ods for review established under this section shall be 

22 consistent with the time periods established by the 

23 Council on Environmental Quality under sections 

24 1501.8 and 1506.10 of title 40, Code of Federal 

25 Regulations. 
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1 (4) EXTENSIONS.—The Secretary shall extend 

2 any time periods for review under this section if, 

3 upon good cause shown, the Secretary and any Fed4 eral agency concerned determine that additional time 

5 for analysis and review is needed. Any memorandum 

6 of understanding shall be modified to incorporate 

7 any mutually agreed-upon extensions. 

8 (d) CLARIFICATION REGARDING ENVIRONMENTAL

9 IMPACT STATEMENTS PREPARED BY STATE AND LOCAL

10 TRANSPORTATION AGENCIES.—Any project sponsor that 

11 is a State or local governmental entity eligible to receive 

12 funds under this Act, chapter I of title 23, United States 

13 Code; or chapter 53 of title 49, United States Code, may, 

14 at the discretion of the Secretary, serve as a joint lead 

15 agency with the Department for purposes of preparing any 

16 environmental document under the National Environ17 mental Policy Act of 1969, as amended (42 U.S.C. 4321, 

18 et seq.), and may prepare any such environmental docu19 ments required in support of any action or approval by 

20 the Secretary, provided that the Department furnishes 

21 guidance in such preparation and independently evaluates 

22 such document, and provided that the document is ap23 proved and adopted by the Secretary prior to the Sec24 retary taking any subsequent action or making any ap25 proval based on such document, whether or not the Sec-
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1 retary’s action or approval results in Federal funding. The 

2 Secretary shall ensure that the project sponsor complies 

3 with all design and mitigation commitments made jointly 

4 by the Secretary and the project sponsor in such environ5 mental document, or that the document is appropriately 

6 supplemented if project changes become necessary. Any 

7 such environmental document prepared in accordance with 

8 this subsection may be adopted or used by any Federal 

9 agency making any approval to the same extent that such 

10 Federal agency could adopt or use a document prepared 

11 by another Federal agency. 

12 (e) DISPUTE RESOLUTION.—When the Secretary de13 termines that a Federal agency which is subject to a time 

14 period under this section for its environmental review has 

15 failed to complete its review, analysis, opinion, or decision 

16 on issuing any permit, license, or approval within the es17 tablished time period or within any agreed-upon extension 

18 to such time period, the Secretary may, after notice and 

19 consultation with such agency, close the record on the 

20 matter before the Secretary. If the Secretary finds, after 

21 timely compliance with this section, that an environmental 

22 issue related to the project over which an affected Federal 

23 agency has jurisdiction under Federal law has not been 

24 resolved, the Secretary and the head of the Federal agency 

25 shall resolve the matter not later than 30 days after the 
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1 date of the finding by the Secretary. The dispute resolu2 tion procedures established pursuant to this subsection 

3 may be initiated by the Secretary or by the Governor of 

4 any State in which a highway construction or public tran5 sit project is located, or by the head of any Federal agency 

6 subject to the time period under this subsection.

7 (f) PARTICIPATION OF STATE AGENCIES.—For any 

8 project eligible for assistance under chapter 1 of title 23, 

9 United States Code, a State, under State law, may require 

10 that all State agencies that have jurisdiction by State or 

11 Federal law over environmental-related issues that may be 

12 affected by the project, or that are required to issue any 

13 environmental-related reviews, analyses, opinions, or de14 terminations on issuing any permits, licenses, or approvals 

15 for the project, be subject to the coordinated environ16 mental review process established under this section unless 

17 the Secretary determines that a State agency’s participa18 tion would not be in the public interest. If a State wishes 

19 to participate in the review process, the State must require 

20 all such State agencies with jurisdiction by law to be sub21 ject to and comply with the review process to the same 

22 extent as a Federal agency. 

23 (g) ASSISTANCE TO AFFECTED STATE AND FEDERAL

24 AGENCIES.—
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1 (1) IN GENERAL.—The Secretary may approve 

2 a request by a State to provide funds made available 

3 under chapter 1 of title 23, United States Code, or 

4 for a public transit project made available under 

5 chapter 53 of title 49, United States Code, to the 

6 State for the project, class of projects, or program 

7 subject to the coordinated environmental review 

8 process established under this section, to affected 

9 Federal agencies, including the Department of 

10 Transportation, to State agencies participating in 

11 the coordinated environmental review process, and to 

12 Federally recognized tribes, to provide the resources 

13 necessary to meet any time limits established under 

14 this section. The Secretary also may use funds made 

15 available under section 204 of title 23, United States 

16 Code, for the purposes specified under this sub17 section. 

18 (2) AMOUNTS.—Such requests under paragraph 

19 (1) shall be approved only— 

20 (A) for the additional amounts that the 

21 Secretary determines are necessary for the af22 fected Federal agencies to meet the time limits 

23 for environmental review; and 

24 (B) if such time limits are less than the 

25 customary time necessary for such review. 
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1 (h) JUDICIAL REVIEW AND SAVINGS CLAUSE.—

2 (1) JUDICIAL REVIEW.—Except as set forth 

3 under subsection (i), nothing in this section shall af4 fect the reviewability of any final Federal agency ac5 tion in a court of the United States. 

6 (2) SAVINGS CLAUSE.—Nothing in this section 

7 shall affect the applicability of the National Environ8 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

9 or any other Federal environmental statute or affect 

10 the responsibility of any Federal officer to comply 

11 with or enforce any such statute. 

12 (i) LIMITATIONS ON CLAIMS.—Notwithstanding any 

13 other provision of law, a claim arising under Federal law 

14 seeking judicial review of a permit, license, or approval 

15 issued by a Federal agency for a highway construction or 

16 public transit project shall be barred unless it is filed with17 in one hundred eighty days after the permit, license, or 

18 approval is final pursuant to the statute under which the 

19 agency action is taken, unless a shorter time is specified 

20 in the Federal law pursuant to which judicial review is 

21 allowed. Nothing in this subsection shall create a right to 

22 judicial review or place any limit on filing a claim that 

23 a person has violated the terms of a permit, license, or 

24 approval. 
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1 (j) REPEAL.—Section 1309 of the Transportation 

2 Equity Act for the 21st Century (Public Law 105–178; 

3 112 Stat. 232; June 9, 1998) is repealed. 

4 SEC. 1603. ASSUMPTION OF RESPONSIBILITY FOR CAT5 EGORICAL EXCLUSIONS. 

6 (a) GENERAL.—Section 138 of title 23, United 

7 States Code, is repealed and the following new section is 

8 inserted: 

9 ‘‘§ 138. Assumption of responsibility for categorical 

10 exclusions 

11 ‘‘(a) CATEGORICAL EXCLUSION DETERMINATIONS.—

12 Upon mutual agreement, the Secretary may assign and 

13 a State may assume responsibility for determining wheth14 er certain designated activities are included within classes 

15 of action identified in regulation by the Secretary that are 

16 categorically excluded from requirements for environ17 mental assessments or environmental impact statements 

18 pursuant to regulations promulgated by the Council on 

19 Environmental Quality, or other successor law or regula20 tion. Such determinations shall be made by a State pursu21 ant to criteria established by the Secretary and only for 

22 types of activities specifically designated by the Secretary. 

23 Such criteria shall include provision for public availability 

24 of information consistent with the Freedom of Information 

25 Act (5 U.S.C. 552). 
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1 ‘‘(b) OTHER APPLICABLE FEDERAL LAWS.—Upon 

2 mutual agreement, the Secretary may assign and the 

3 State may assume some or all of the Department’s respon4 sibilities for environmental review, consultation, or other 

5 related actions required under any Federal law applicable 

6 to activities that are classified by the Secretary as categor7 ical exclusions, with the exception of government-to-gov8 ernment consultation with Indian tribes, if the State also 

9 assumes decision-making authority under this section. The 

10 State shall assume this responsibility subject to the same 

11 procedural and substantive requirements as would be re12 quired if that responsibility was carried out by the Depart13 ment. When a State assumes such responsibility under a 

14 Federal law, it shall be solely responsible and solely liable 

15 for complying with and carrying out that law in lieu of 

16 the Department. 

17 ‘‘(c) AGREEMENTS.—The Secretary and the State 

18 shall enter into a memorandum of understanding setting 

19 forth the responsibilities to be assigned under this section 

20 and the terms and conditions under which such assign21 ments are to be made. Such memorandums of under22 standing shall be established for periods of no more than 

23 three years. In the memorandum of understanding the 

24 State shall consent to accept the jurisdiction of the Fed25 eral courts for the compliance, discharge, and enforcement 
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1 of any responsibility of the Secretary it may assume. The 

2 Secretary shall monitor the State department of transpor3 tation’s compliance with the memorandum of under4 standing as well as the effectiveness of the delegation, and 

5 will take into account the State’s performance in deciding 

6 whether and under what conditions to renew a memo7 randum of understanding. 

8 ‘‘(d) TERMINATION.—The Secretary may terminate 

9 any assumption of responsibility under this section upon 

10 a determination that a State is not adequately carrying 

11 out its assigned responsibilities. 

12 ‘‘(e) STATE SUBJECT TO FEDERAL LAWS.—For pur13 poses of assuming the Secretary’s responsibilities under 

14 this section, the State agency signing the agreement in 

15 subsection (c) is deemed to be a Federal agency to the 

16 extent the State is carrying out the Secretary’s respon17 sibilities under the National Environmental Policy Act, 

18 under this title, and under any other Federal law.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis of 

20 chapter 1 of title 23 is amended by striking ‘‘Preservation 

21 of parklands’’ in the item relating to section 138 and in22 serting ‘‘Assumption of responsibility for categorical exclu23 sions.’’. 
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1 SEC. 1604. SECTION 4(f) POLICY ON LANDS, WILDLIFE AND 

2 WATERFOWL REFUGES, AND HISTORIC SITES. 

3 Section 303 of title 49, United States Code, is 

4 amended to read as follows: 

5 ‘‘§ 303. Policy on lands, wildlife and waterfowl ref6 uges, and historic sites 

7 ‘‘(a) It is the policy of the United States Government 

8 that special effort should be made to preserve the natural 

9 beauty of the countryside and public park and recreation 

10 lands, wildlife and waterfowl refuges, and historic sites. 

11 ‘‘(b) The Secretary of Transportation shall cooperate 

12 and consult, when appropriate, with the Secretaries of the 

13 Interior, Housing and Urban Development, and Agri14 culture, and with the States, in developing transportation 

15 plans and programs that include measures to maintain or 

16 enhance the natural beauty of lands crossed by transpor17 tation activities or facilities. 

18 ‘‘(c)(1) The Secretary of Transportation may approve 

19 a transportation program or project requiring the use of 

20 publicly owned land of a public park, recreation area, or 

21 wildlife and waterfowl refuge of national, State, or local 

22 significance, or land of a historic site of national, State, 

23 or local significance (as determined by the Federal, State, 

24 or local officials having jurisdiction over the park, area, 

25 refuge or site) only if—
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1 ‘‘(A) there is no feasible and prudent alter2 native to using that land, and 

3 ‘‘(B) the program or project includes all pos4 sible planning to minimize harm to the park, recre5 ation area, wildlife and waterfowl refuge, or historic 

6 site resulting from the use. 

7 ‘‘(2) In making approvals under this subsection, the 

8 Secretary shall apply the following standards: 

9 ‘‘(A) The Secretary may eliminate an alter10 native as infeasible if the Secretary finds that the al11 ternative cannot be implemented as a matter of 

12 sound engineering. 

13 ‘‘(B) The Secretary shall consider the following 

14 when determining whether it would be prudent to 

15 avoid the use of land of a resource subject to preser16 vation under this section: 

17 ‘‘(i) The relative significance of the land of 

18 the resource being protected. 

19 ‘‘(ii) The views of the official or officials 

20 with jurisdiction over the land. 

21 ‘‘(iii) The relative severity of the adverse 

22 effects on the protected activities, attributes, or 

23 features that qualify a resource for protection. 

24 ‘‘(iv) The ability to mitigate adverse ef25 fects. 
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1 ‘‘(v) The magnitude of the adverse effects 

2 that would result from the selection of an alter3 native that avoids the use of the land of the re4 source. 

5 ‘‘(C) A mitigation measure or mitigation alter6 native under paragraph (c)(1)(B) of this section is 

7 possible if it is feasible and prudent. In evaluating 

8 the feasibility and prudence of a mitigation measure 

9 or mitigation alternative under paragraph (c)(1)(B) 

10 of this section, the Secretary shall be governed by 

11 the standards of paragraphs (c)(2)(A) and (B) of 

12 this subsection. 

13 ‘‘(d) The requirements of this section do not apply 

14 to—

15 ‘‘(1) a project for a park road, parkway, or ref16 uge road under section 204 of title 23; or 

17 ‘‘(2) a highway project on land administered by 

18 an agency of the Federal government, when the pur19 pose of the project is to serve or enhance the values 

20 for which the land would otherwise be protected 

21 under this section, as jointly determined by the Sec22 retary of Transportation and the head of the appro23 priate Federal land managing agency. 

24 ‘‘(e) The requirements of this section are deemed to 

25 be satisfied where the treatment of an historic site (other 
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1 than a National Historic Landmark) has been agreed 

2 upon in accordance with Section 106 of the National His3 toric Preservation Act (16 U.S.C. 470f). The Secretary, 

4 in consultation with the Advisory Council on Historic 

5 Preservation, shall develop administrative procedures to 

6 review the implementation of this subsection to ensure 

7 that the objectives of the National Historic Preservation 

8 Act are being met. 

9 ‘‘(f)(1) The Secretary may approve a request by a 

10 State to provide funds made available under chapter 1 of 

11 title 23, United States Code, to a State historic preserva12 tion office, Tribal historic preservation office, or to the Ad13 visory Council on Historic Preservation to provide the re14 sources necessary to expedite the historic preservation re15 view and consultation process under section 303 of title 

16 49 and under section 470f of title 16, United States Code. 

17 ‘‘(2) The Secretary shall encourage States to provide 

18 such funding to State historic preservation officers, Tribal 

19 historic preservation officers or the Advisory Council on 

20 Historic Preservation where the investment of such funds 

21 will accelerate completion of a project or classes of projects 

22 or programs by reducing delays in historic preservation 

23 review and consultation. 

24 ‘‘(3) Such requests under paragraph (1) shall be ap25 proved only for the additional amounts that the Secretary 
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1 determines are necessary for a State historic preservation 

2 office, Tribal historic preservation office, or the Advisory 

3 Council on Historic Preservation to expedite the review 

4 and consultation process and only where the Secretary de5 termines that such additional amounts will permit comple6 tion of the historic preservation process in less than the 

7 time customarily required for such process.’’. 

8 SEC. 1605. NATIONAL SCENIC BYWAYS PROGRAM. 

9 (a) IN GENERAL.— Section 162 of title 23, United 

10 States Code, is amended—

11 (1) in subsection (a)(1), by inserting a comma 

12 after ‘‘Byways’’ and by striking ‘‘or All-American 

13 Roads’’ and inserting ‘‘All-American Roads, or one 

14 of America’s Byways’’; 

15 (2) in subsection (b)(1)(A), by inserting a 

16 comma after ‘‘Byways’’ and by striking ‘‘or All17 American Roads,’’ and inserting ‘‘All-American 

18 Roads, or one of America’s Byways,’’; 

19 (3) in subsection (b)(2)(A), by inserting a 

20 comma after ‘‘Byway’’ and by striking ‘‘or All-Amer21 ican Road’’ and inserting ‘‘All-American Road, or 

22 one of America’s Byways’’;

23 (4) in subsection (b)(2)(B), by inserting a 

24 comma after ‘‘Byway’’ and by striking ‘‘or All-Amer-
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1 ican Road’’ and inserting ‘‘All-American Road, or 

2 one of America’s Byways’’; and 

3 (5) in subsection (c)(4), by striking ‘‘passing 

4 lane,’’. 

5 (b) RESEARCH, TECHNICAL ASSISTANCE, MAR6 KETING, AND PROMOTION.—Section 162 of such title is 

7 further amended—

8 (1) by redesignating subsections (d), (e), and 

9 (f) as subsections (e), (f), and (g), respectively; and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection: 

12 ‘‘(d) RESEARCH, TECHNICAL ASSISTANCE, MAR13 KETING, AND PROMOTION.—

14 ‘‘(1) IN GENERAL.—The Secretary may carry 

15 out research, technical assistance, marketing, and 

16 promotion with respect to State scenic byways, Na17 tional Scenic Byways, All-American Roads, or Amer18 ica’s Byways. 

19 ‘‘(2) COOPERATION, GRANTS, AND CON20 TRACTS.—The Secretary may make grants to or 

21 enter into contracts, cooperative agreements, and 

22 other transactions with any Federal agency, State 

23 agency, authority, association, institution, for-profit 

24 or nonprofit corporation, organization, foreign coun25 try, or person, including the center for national sce-
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1 nic byways in Duluth, Minnesota, to carry out the 

2 provisions of this subsection. 

3 ‘‘(3) FUNDS.—The Secretary may use funds 

4 made available for the National Scenic Byways Pro5 gram to carry out projects and activities under this 

6 subsection. 

7 ‘‘(4) PRIORITY.—The Secretary shall give pri8 ority to partnerships that leverage private, Federal, 

9 or other public funds for research, technical assist10 ance, marketing and promotion.’’; and 

11 (3) by adding the following at the end of sub12 section (g): ‘‘The Federal share of the cost of 

13 projects or activities under subsection (d) may be up 

14 to 100 percent.’’. 

15 SEC. 1606. RECREATIONAL TRAILS PROGRAM. 

16 (a) RECREATIONAL TRAILS PROGRAM FORMULA.—

17 Section 104(h)(1) of title 23, United States Code, is 

18 amended by striking ‘‘research and technical assistance 

19 under the recreational trails program and for the adminis20 tration of the National Recreational Trails Advisory Com21 mittee’’ and inserting ‘‘research, technical assistance, and 

22 training under the recreational trails program’’. 

23 (b) RECREATIONAL TRAILS PROGRAM ADMINISTRA24 TION.—Section 206 of title 23, United States Code, is 

25 amended—
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1 (1) by striking subsection (c) and inserting the 

2 following: 

3 ‘‘(c) STATE RESPONSIBILITIES.—

4 ‘‘(1) ELIGIBILITY.—To be eligible for appor5 tionments under this section—

6 ‘‘(A) the Governor of the State shall des7 ignate the State agency or agencies that will be 

8 responsible for administering apportionments 

9 made to the State under this section; and 

10 ‘‘(B) the State shall establish a State rec11 reational trail committee that—

12 ‘‘(i) has not less than 30 percent of 

13 its voting membership representing non14 motorized recreational trail users, 

15 ‘‘(ii) has not less than 30 percent of 

16 its voting membership representing motor17 ized recreational trail users, 

18 ‘‘(iii) must meet not less than once 

19 per Federal fiscal year in a publicly an20 nounced public meeting, and 

21 ‘‘(iv) must be used to develop state22 wide trail program policy and to rate, 

23 rank, and recommend recreational trails 

24 program projects for funding. 
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1 ‘‘(2) OBLIGATION REQUIREMENT.—If a State 

2 does not meet the committee requirements within a 

3 fiscal year, it is not eligible for an apportionment in 

4 the following fiscal year.’’; 

5 (2) by striking subsection (d)(2) and inserting 

6 the following: 

7 ‘‘(2) PERMISSIBLE USES.—Permissible uses of 

8 funds apportioned to a State for a fiscal year to 

9 carry out this section include—

10 ‘‘(A) maintenance and restoration of exist11 ing recreational trails; 

12 ‘‘(B) development and rehabilitation of 

13 trailside and trailhead facilities and trail link14 ages for recreational trails; 

15 ‘‘(C) purchase and lease of recreational 

16 trail construction and maintenance equipment; 

17 ‘‘(D) construction of new recreational 

18 trails, except that, in the case of new rec19 reational trails crossing Federal lands, con20 struction of the trails shall be—

21 ‘‘(i) permissible under other law; 

22 ‘‘(ii) necessary and recommended by a 

23 statewide comprehensive outdoor recreation 

24 plan that is required by the Land and 

25 Water Conservation Fund Act of 1965 (16 
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1 U.S.C. 460l–4 et seq.) and that is in ef2 fect; 

3 ‘‘(iii) approved by the administering 

4 agency of the State designated under sub5 section (c)(1)(A); and 

6 ‘‘(iv) approved by each Federal agency 

7 having jurisdiction over the affected lands 

8 under such terms and conditions as the 

9 head of the Federal agency determines to 

10 be appropriate, except that the approval 

11 shall be contingent on compliance by the 

12 Federal agency with all applicable laws, in13 cluding the National Environmental Policy 

14 Act of 1969 (42 U.S.C. 4321 et seq.), the 

15 Forest and Rangeland Renewable Re16 sources Planning Act of 1974 (16 U.S.C. 

17 1600 et seq.), and the Federal Land Policy 

18 and Management Act of 1976 (43 U.S.C. 

19 1701 et seq.); 

20 ‘‘(E) acquisition of easements and fee sim21 ple title to property for recreational trails or 

22 recreational trail corridors; 

23 ‘‘(F) assessment of trail conditions for ac24 cessibility and maintenance; 
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1 ‘‘(G) use of trail crews, youth conservation 

2 or service corps, or other appropriate means to 

3 carry out activities under this section;

4 ‘‘(H) operation of educational programs to 

5 promote safety and environmental protection as 

6 those objectives relate to the use of recreational 

7 trails, supporting non-law enforcement trail 

8 safety and trail use monitoring patrol pro9 grams, and providing trail-related training, but 

10 in an amount not to exceed 5 percent of the ap11 portionment made to the State for the fiscal 

12 year; and 

13 ‘‘(I) payment of costs to the State incurred 

14 in administering the program, but in an amount 

15 not to exceed 7 percent of the apportionment 

16 made to the State for the fiscal year to carry 

17 out this section.’’; 

18 (3) by striking subsection (d)(3)(C) and insert19 ing the following: 

20 ‘‘(C) USE OF YOUTH CONSERVATION OR

21 SERVICE CORPS.—A State shall make available 

22 not less than 10 percent of its apportionments 

23 for grants, cooperative agreements, or contracts 

24 with qualified youth conservation or service 
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1 corps to perform recreational trails program ac2 tivities.’’; 

3 (4) in subsection (d)(3)(D), by striking 

4 ‘‘(2)(F)’’ and inserting ‘‘(2)(I)’’; 

5 (5) by amending subsection (f)—

6 (A) in paragraph (1)—

7 (i) by inserting ‘‘and the Federal 

8 share of the administrative costs of a 

9 State’’ after ‘‘project’’; and 

10 (ii) by striking ‘‘not exceed 80 per11 cent’’ and inserting in its place ‘‘be deter12 mined in accordance with section 120(b)’’; 

13 (B) in paragraph (2)(A), by striking ‘‘80 

14 percent of’’ and inserting ‘‘the amount deter15 mined in accordance with section 120(b) for’’; 

16 (C) in paragraph (2)(B), by inserting 

17 ‘‘sponsoring the project’’ after ‘‘Federal agen18 cy’’; 

19 (D) by striking paragraph (5); 

20 (E) by redesignating paragraph (4) as 

21 paragraph (5), and by striking ‘‘80 percent’’ 

22 and inserting in its place ‘‘the Federal share as 

23 determined in accordance with section 120(b)’’; 

24 and 

25 (F) by inserting after paragraph (3)—
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1 ‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM

2 FUNDS TO MATCH OTHER FEDERAL PROGRAM

3 FUNDS.—Notwithstanding any other provision of 

4 law, funds made available under this section may be 

5 used toward the non-Federal matching share for 

6 other Federal program funds that are—

7 ‘‘(A) expended in accordance with the re8 quirements of the Federal program relating to 

9 activities funded and populations served; and 

10 ‘‘(B) expended on a project that is eligible 

11 for assistance under this section.’’; 

12 (6) by inserting after subsection (h)(1)(B) the 

13 following: 

14 ‘‘(C) PLANNING AND ENVIRONMENTAL AS15 SESSMENT COSTS INCURRED PRIOR TO PROJECT

16 APPROVAL.—A project funded under sub17 sections (d)(2)(A) through (H) may allow pre18 approval planning and environmental compli19 ance costs to be credited toward the non-Fed20 eral share in accordance with subsection (f), 

21 limited to costs incurred less than 18 months 

22 prior to project approval.’’; and 

23 (7) by striking paragraph (h)(2) and inserting 

24 the following: 
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1 ‘‘(2) WAIVER OF HIGHWAY PROGRAM REQUIRE2 MENTS.—A project funded under this section is in3 tended to enhance recreational opportunity and is 

4 not considered a highway project. Projects funded 

5 under this section are not subject to sections 112, 

6 113, 114, 116, 134, 135, 217, or 301 of this title; 

7 or section 303 of title 49.’’. 

8 SEC. 1607. EXEMPTION OF THE INTERSTATE SYSTEM. 

9 Subsection 103(c) of title 23, United States Code, is 

10 amended by inserting the following after paragraph (4): 

11 ‘‘(5) EXEMPTION OF THE INTERSTATE SYS12 TEM.—The Interstate Highway System, or any por13 tion thereof, as designated pursuant to subsection 

14 103(c) of this title, shall not be considered an his15 toric site of national, State or local significance for 

16 purposes of 49 U.S.C. 303, 16 U.S.C. 470f, or 16. 

17 U.S.C. 470h–2 by virtue of being listed as a re18 source on, or eligible for listing in, the National Reg19 ister of Historic Places. At the discretion of the Sec20 retary, with the advice of the Department of the In21 terior, individual elements of the Interstate Highway 

22 System may receive the protection of section 106 or 

23 section 110 of the National Historic Preservation 

24 Act (16 U.S.C. 470f and 470h–2).’’. 
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1 SEC. 1608. MODIFICATION TO NHS/STP FOR INVASIVE SPE2 CIES, WETLANDS, BROWNFIELDS, AND ENVI3 RONMENTAL RESTORATION. 

4 (a) MODIFICATIONS TO THE NHS FOR INVASIVE

5 SPECIES, WETLANDS, BROWNFIELDS, AND ENVIRON6 MENTAL RESTORATION.— 

7 (1) TECHNICAL CORRECTIONS.—Section 103 

8 (b)(6) of title 23, United States Code, is amended 

9 in subparagraph (M)—

10 (A) by striking ‘‘1990’’ and inserting 

11 ‘‘2000’’; and 

12 (B) by striking ‘‘101–640’’ and inserting 

13 ‘‘106–541’’. 

14 (2) STATE RESPONSIBILITY.—Section 103 

15 (b)(6) is further amended in subparagraph (M) by 

16 inserting ‘‘as determined by the State’’ after ‘‘to the 

17 maximum extent practicable’’. 

18 (3) ELIGIBLE PROJECTS FOR NHS.—Section 

19 103 (b)(6) is further amended by adding at the end 

20 the following new subparagraphs: 

21 ‘‘(Q) Environmental restoration and pollu22 tion abatement to minimize or mitigate impacts 

23 of any transportation project funded under this 

24 title (including the retrofit or construction of 

25 storm water treatment systems to meet State 

26 and Federal National Pollutant Discharge 
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1 Elimination System requirements under Section 

2 402 of the Clean Water Act) to address water 

3 pollution or environmental degradation caused 

4 or contributed to by transportation facilities. 

5 When transportation facilities are undergoing 

6 reconstruction, rehabilitation, resurfacing, or 

7 restoration, the expenditure of funds under this 

8 section for any such environmental restoration 

9 or pollution abatement project shall not exceed 

10 20 percent of the total cost of the reconstruc11 tion, rehabilitation, resurfacing, or restoration 

12 project. 

13 ‘‘(R) In accordance with all applicable 

14 Federal law (including applicable Federal regu15 lations), participation in the control of invasive 

16 plant species and the establishment of native 

17 species related to projects funded under this 

18 title, which may include participation in state19 wide inventories of both invasive and desirable 

20 plant species and regional native plant habitat 

21 conservation and mitigation, and restoration 

22 plans. Contributions to the measures described 

23 in the preceding sentence may take place con24 current with or in advance of project construc25 tion; except that contributions in advance of 
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1 project construction may occur only if the ef2 forts are consistent with all applicable require3 ments of Federal law (including applicable Fed4 eral regulations) and State transportation plan5 ning processes. 

6 ‘‘(S) Remediation associated with the con7 struction of a project funded under this title on 

8 a brownfield site, as defined in 42 U.S.C. 

9 9601.’’. 

10 (b) MODIFICATIONS TO THE SURFACE TRANSPOR11 TATION PROGRAM FOR INVASIVE SPECIES, WETLANDS, 

12 BROWNFIELDS, AND ENVIRONMENTAL RESTORATION.—

13 (1) TECHNICAL CORRECTIONS.—Section 133 

14 (b)(11) of title 23, is amended—

15 (A) by striking ‘‘1990’’ and inserting 

16 ‘‘2000’’; and 

17 (B) by striking ‘‘101–640’’ and inserting 

18 ‘‘106–541’’; 

19 (2) STATE RESPONSIBILITY.—Section 133 

20 (b)(11) is further amended by inserting ‘‘determined 

21 by the State’’ after ‘‘to the maximum extent prac22 ticable’’. 

23 (3) ELIGIBLE PROJECTS FOR SURFACE TRANS24 PORTATION PROGRAM.—
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1 (A) ENVIRONMENTAL RESTORATION AND

2 POLLUTION ABATEMENT.—Section 133 of title 

3 23, United States Code, is amended by striking 

4 (b)(14) and inserting the following: 

5 ‘‘(14) Environmental restoration and pollution 

6 abatement to minimize or mitigate impacts of any 

7 transportation project funded under this title (in8 cluding the retrofit or construction of storm water 

9 treatment systems to meet State and Federal Na10 tional Pollutant Discharge Elimination System re11 quirements under Section 402 of the Clean Water 

12 Act) to address water pollution or environmental 

13 degradation caused or contributed to by transpor14 tation facilities. When transportation facilities are 

15 undergoing reconstruction, rehabilitation, resur16 facing, or restoration, the expenditure of funds 

17 under this section for any such environmental res18 toration or pollution abatement project shall not ex19 ceed 20 percent of the total cost of the reconstruc20 tion, rehabilitation, resurfacing, or restoration 

21 project.’’. 

22 (B) INVASIVE SPECIES CONTROL AND

23 BROWNFIELDS REMEDIATION EFFORTS.—Sec24 tion 133(b) of such title, as amended by this 
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1 Act, is further amended by adding at the end 

2 the following new paragraphs: 

3 ‘‘(16) In accordance with all applicable Federal 

4 law (including regulations), participation in the con5 trol of invasive plant species and the establishment 

6 of native species related to projects funded under 

7 this title, which may include participation in state8 wide inventories of both invasive and desirable plant 

9 species and regional native plant habitat conserva10 tion and mitigation, and restoration plans. Contribu11 tions to the measures described in the preceding sen12 tence may take place concurrent with or in advance 

13 of project construction; except that contributions in 

14 advance of project construction may occur only if the 

15 efforts are consistent with all applicable require16 ments of Federal law (including regulations) and 

17 State transportation planning processes. 

18 ‘‘(17) Remediation associated with the con19 struction of a project funded under this title on a 

20 brownfield site, as defined in 42 U.S.C. 9601.’’. 

21 SEC. 1609. STANDARDS. 

22 (a) IN GENERAL.—Section 109(a) of title 23 of the 

23 United States Code is amended by—

24 (1) striking ‘‘and’’ at the end of paragraph (1); 
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1 (2) striking the period at the end of paragraph 

2 (2) and inserting ‘‘; and’’; and 

3 (3) adding the following paragraph at the end 

4 of subsection (a): 

5 ‘‘(3) consider the preservation, historic, scenic, 

6 natural environment, and community values.’’. 

7 (b) CONTEXT SENSITIVE DESIGN.—Section 109 of 

8 such title is amended by striking subsection (p) and insert9 ing the following: 

10 ‘‘(p) CONTEXT SENSITIVE DESIGN.—

11 ‘‘(1) The Secretary shall encourage States to 

12 design projects funded under title 23 to—

13 ‘‘(A) allow for the preservation of environ14 mental, scenic, community, and/or historic val15 ues; 

16 ‘‘(B) ensure safe use of the facility for 

17 both passenger and freight movement; 

18 ‘‘(C) provide for consideration of the con19 text of the locality; 

20 ‘‘(D) encourage access for other modes of 

21 transportation; and 

22 ‘‘(E) comply with subsection (a). 

23 ‘‘(2) Notwithstanding subsections (b) and (c), 

24 the Secretary may approve a project for the Na25 tional Highway System if the project is designed to 
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1 achieve the criteria of subparagraphs (A) through 

2 (E).’’. 

3 SEC. 1610. USE OF HOV LANES. 

4 Section 102 of title 23, United States Code, is 

5 amended by striking subsection (a) and inserting the fol6 lowing: 

7 ‘‘(a) HIGH OCCUPANCY VEHICLE (HOV) PASSENGER

8 REQUIREMENTS.—

9 ‘‘(1) IN GENERAL.—A State transportation de10 partment or other responsible local agencies shall es11 tablish the occupancy requirements of vehicles oper12 ating in HOV facilities; except that no fewer than 2 

13 occupants per vehicle may be required, unless other14 wise provided in paragraph (2). 

15 ‘‘(2) EXCEPTIONS TO HOV OCCUPANCY RE16 QUIREMENTS.—

17 ‘‘(A) MOTORCYCLES.—Motorcycles shall 

18 not be considered single occupant vehicles and 

19 shall be allowed to use HOV facilities, except 

20 that upon certification by the responsible agen21 cy to the Secretary, the agency may restrict 

22 such use by motorcycles if such use would cre23 ate a safety hazard. 

24 ‘‘(B) LOW EMISSION AND ENERGY-EFFI25 CIENT VEHICLES.—
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1 ‘‘(i) Responsible agencies shall have 

2 the option of allowing qualifying low emis3 sion and energy-efficient vehicles to use 

4 HOV facilities if they do not satisfy the es5 tablished occupancy requirements.

6 ‘‘(ii) Responsible agencies that allow 

7 qualifying low emission and energy-effi8 cient vehicles to use HOV facilities shall—

9 ‘‘(I) establish a program that ad10 dresses how such qualifying vehicles 

11 are selected and certified; 

12 ‘‘(II) establish requirements for 

13 labeling qualifying vehicles and proce14 dures for enforcing such vehicles; 

15 ‘‘(III) continuously monitor, 

16 evaluate, and report on performance; 

17 and 

18 ‘‘(IV) establish the policies and 

19 procedures that will limit or restrict 

20 the use of such vehicles as necessary, 

21 to ensure that the performance of in22 dividual facilities or the entire system 

23 does not become seriously degraded. 

24 ‘‘(iii) As used in this subparagraph, 

25 the term ‘low emission and energy-efficient 
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1 vehicles’ means vehicles that have been cer2 tified—

3 ‘‘(I) by the Administrator of the 

4 Environmental Protection Agency to 

5 have a 45-mile-per-gallon or greater 

6 fuel economy highway rating; or are 

7 defined as an alternative fuel vehicle 

8 under section 301(2) of the Energy 

9 Policy Act of 1992 (42 U.S.C. 

10 13211(2)); and 

11 ‘‘(II) as meeting Tier II emission 

12 level established in regulations pre13 scribed by the Administrator of the 

14 Environmental Protection Agency 

15 under section 202(i) of the Clean Air 

16 Act (42 U.S.C. 7521(i)) for that make 

17 and model year vehicle. 

18 ‘‘(C) BICYCLES.—Responsible agencies 

19 shall have the option of allowing bicycles on 

20 surface street HOV facilities when there is in21 sufficient space within the roadway or public 

22 right-of-way to establish and designate a bicycle 

23 lane. 

24 ‘‘(D) TOLLING OF VEHICLES.—Responsible 

25 agencies may permit vehicles, in addition to 
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1 those vehicles described in paragraphs (A), (B), 

2 and (E) that do not satisfy the established oc3 cupancy requirements, to use an HOV facility 

4 only if they charge such vehicles a toll. The au5 thority of an agency to impose a toll shall be 

6 subject to section 129 of this title. Any agency 

7 electing to toll such vehicles shall also—

8 ‘‘(i) establish a program that address9 es how motorists can enroll and partici10 pate; 

11 ‘‘(ii) develop, manage, and maintain a 

12 system that will automatically collect the 

13 tolls that vehicles must pay; 

14 ‘‘(iii) continuously monitor, evaluate, 

15 and report on performance; 

16 ‘‘(iv) establish the policies and proce17 dures for varying the toll that is charged 

18 to manage the demand to use the subject 

19 facilities and enforcing violations; and 

20 ‘‘(v) establish procedures that will 

21 limit or restrict the use of such vehicles as 

22 necessary, to ensure that the performance 

23 of individual facilities or the entire system 

24 does not become seriously degraded. 
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1 ‘‘(E) DESIGNATED PUBLIC TRANSPOR2 TATION VEHICLES.—

3 ‘‘(i) In this subparagraph, the term 

4 ‘designated public transportation vehicles’ 

5 means vehicles that provide designated 

6 public transportation, as defined under 

7 section 12141 of title 42, and that are 

8 owned or operated by a public entity or 

9 that are operating under contract to a pub10 lic entity. 

11 ‘‘(ii) Responsible agencies may permit 

12 designated public transportation vehicles to 

13 use HOV facilities if they do not satisfy 

14 the established occupancy requirements. 

15 ‘‘(iii) Any agency that permits des16 ignated public transportation vehicles to 

17 use HOV facilities if they do not satisfy 

18 the established occupancy requirements 

19 shall—

20 ‘‘(I) establish requirements for 

21 clearly and identifiably labeling vehi22 cles operating under contract to the 

23 public entity with the name of the 

24 public entity on all sides of the vehi25 cle; 
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1 ‘‘(II) establish the policies and 

2 procedures to ensure that vehicles op3 erating under contract to the public 

4 entity are in compliance with the la5 beling requirement under subclause 

6 (I) of this clause; 

7 ‘‘(III) continuously monitor, 

8 evaluate, and report on performance; 

9 and 

10 ‘‘(IV) establish the policies and 

11 procedures that will limit or restrict 

12 the use of such vehicles as necessary, 

13 to ensure that the performance of in14 dividual facilities or the entire system 

15 does not become seriously degraded. 

16 ‘‘(3) HOV FACILITY MANAGEMENT, OPERATION, 

17 AND MONITORING.—Agencies that permit any of the 

18 exceptions specified in paragraph (a)(2) shall be re19 sponsible for the following: 

20 ‘‘(A) PERFORMANCE MONITORING, EVAL21 UATION, AND REPORTING.—Responsible agen22 cies shall be required to establish, manage, and 

23 support a performance monitoring, evaluation, 

24 and reporting program if they permit any of the 

25 exceptions specified in paragraph (a)(2). This 
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1 program shall continuously monitor, assess, and 

2 report on the impacts that any of these specific 

3 types of allowed vehicles may have on the oper4 ation of individual HOV facilities and the entire 

5 HOV system. 

6 ‘‘(B) OPERATION OF HOV FACILITY OR

7 SYSTEM.—Responsible agencies shall limit or 

8 discontinue permitting any of the exceptions 

9 specified in paragraph (a)(2), if the presence of 

10 any of these specific types of allowed vehicles 

11 seriously degrades the operation of individual 

12 HOV facilities or the entire HOV system. For 

13 purposes of this section, ‘seriously degraded’ 

14 means that an HOV facility located on a free15 way, or similar type of roadway, fails to main16 tain a minimum average operating speed of at 

17 least 45 miles per hour 90 percent of the time 

18 over a consecutive six-month period during 

19 weekday peak travel periods. For HOV facilities 

20 on other types of roadways, the minimum aver21 age operating speed, performance threshold, 

22 and associated time period shall be established 

23 based on the conditions unique to each roadway 

24 and agreed to by the responsible agencies.’’. 
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1 SEC. 1611. BICYCLE TRANSPORTATION AND PEDESTRIAN 

2 WALKWAYS. 

3 (a) IN GENERAL.—Section 217 of title 23, United 

4 States Code, is amended— 

5 (1) in subsection (a), by inserting ‘‘pedestrian 

6 and’’ after ‘‘safe’’; 

7 (2) in subsection (e), by striking ‘‘bicycles’’ 

8 each time it appears and inserting ‘‘pedestrians or 

9 bicyclists’’ in each instance; 

10 (3) by striking subsection (f) and inserting the 

11 following: 

12 ‘‘(f) FEDERAL SHARE.—The Federal share of the 

13 construction of bicycle transportation facilities and pedes14 trian walkways and for carrying out nonconstruction 

15 projects related to safe pedestrian and bicycle use shall 

16 be determined in accordance with section 120(b).’’; 

17 (4) in subsection (j), by inserting after para18 graph (4) the following: 

19 ‘‘(5) SHARED USE PATH.—The term 

20 ‘‘shared use path’’ means a multi-use trail or 

21 other path, physically separated from motorized 

22 vehicular traffic by an open space or barrier, ei23 ther within a highway right-of-way or within an 

24 independent right-of-way, and usable for trans25 portation purposes. Shared use paths may be 
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1 used by pedestrians, bicyclists, skaters, eques2 trians, and other nonmotorized users.’’; and 

3 (5) by adding after subsection (j) the following: 

4 ‘‘(k) USER FEES.—At the option of each State, a 

5 shared use path funded under this section is not subject 

6 to the provisions of 23 U.S.C. 301, provided that the 

7 shared use path is not within a highway right-of-way, and 

8 the income received from user fees is used for ongoing 

9 maintenance and operation of shared use paths within the 

10 State. 

11 ‘‘(l) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—

12 ‘‘(1) IN GENERAL.—The Secretary shall make 

13 grants to a national, not-for-profit organization en14 gaged in promoting bicycle and pedestrian safety 

15 to—

16 ‘‘(A) operate a national bicycle and pedes17 trian clearinghouse; 

18 ‘‘(B) develop information and educational 

19 programs; and 

20 ‘‘(C) disseminate techniques and strategies 

21 for improving bicycle and pedestrian safety. 

22 ‘‘(2) FUNDING.—Funds provided under section 

23 104(p) of this title shall be available to carry out the 

24 provisions of this section. 
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1 ‘‘(3) APPLICABILITY OF TITLE 23.—Funds au2 thorized by this subsection shall be available for obli3 gation in the same manner as if such funds were ap4 portioned under chapter 1 of title 23, United States 

5 Code, except that the funds shall remain available 

6 until expended.’’. 

7 (b) SET-ASIDE.—Section 104 of title 23, United 

8 States Code, is amended by adding, after subsection (o), 

9 as added by this Act, the following: 

10 ‘‘(p) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—

11 On October 1 of each fiscal year for fiscal years 2004 

12 through 2009, the Secretary, after making the deductions 

13 authorized by subsections (a) and (f), shall set-aside 

14 $500,000 of the remaining funds authorized to be appor15 tioned under subsection (b)(3) for carrying out the Bicycle 

16 and Pedestrian Safety Grants under section 217 of this 

17 title.’’. 

18 SEC. 1612. TRANSPORTATION, ENERGY, AND ENVIRON19 MENT. 

20 (a) IN GENERAL.—As part of the National Climate 

21 Change Technology Initiative and the Climate Change Re22 search Initiative, the Secretary shall establish and carry 

23 out a multimodal energy and climate change program to 

24 study the relationship of transportation, energy, and cli25 mate change. 
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1 (b) CONTENTS.—The program to be carried out 

2 under this section shall include, but not be limited to, re3 search designed to—

4 (1) identify, develop and evaluate strategies to 

5 improve energy efficiency and reduce greenhouse gas 

6 emissions from transportation sources; and 

7 (2) identify and evaluate the potential effects of 

8 climate changes on the nation’s transportation sys9 tems, and strategies to address these effects. 

10 (c) PROJECT SELECTION.—Activities to be under11 taken in this program will be determined by an internal 

12 steering committee established by the Secretary of Trans13 portation. This intermodal committee shall include rep14 resentatives from the Office of the Secretary and oper15 ating administrations within the Department of Transpor16 tation as designated by the Secretary. 

17 (d) GRANTS, COOPERATIVE AGREEMENTS AND CON18 TRACTS.—The Secretary may carry out this program inde19 pendently or by making grants to, or entering into con20 tracts, cooperative agreements, and other transactions, 

21 with a Federal agency, State agency, local agency, author22 ity, association, nonprofit or for-profit corporation, or in23 stitution of higher education. 

24 (e) FUNDING.—

25 (1) HIGHWAY ACCOUNT.—
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1 (A) FUNDING.—There is authorized to be 

2 appropriated from the Highway Trust Fund 

3 (other than the Mass Transit Account) to carry 

4 out this section $3,600,000 for fiscal year 

5 2004, $2,200,000 for fiscal year 2005, 

6 $2,200,000 for fiscal year 2006, $2,200,000 for 

7 fiscal year 2007, $2,700,000 for fiscal year 

8 2008, and $2,700,000 for fiscal year 2009. 

9 (B) CONTRACT AUTHORITY.—Funds au10 thorized from the Highway Trust Fund (other 

11 than the Mass Transit Account) to carry out 

12 this Section shall be available for obligation in 

13 the same manner as if the funds were appor14 tioned under Chapter 1 of Title 23, United 

15 States Code, except that the Federal share of 

16 the cost of a project or activity carried out 

17 using such funds shall not exceed 100 percent 

18 and such funds shall remain available until ex19 pended. 

20 (2) MASS TRANSIT ACCOUNT.—

21 (A) FUNDING.—There is authorized to be 

22 appropriated from the Mass Transit Account of 

23 the Highway Trust Fund to carry out this sec24 tion $400,000 for fiscal year 2004, $300,000 

25 for fiscal year 2005, $300,000 for fiscal year 
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1 2006, $300,000 for fiscal year 2007, $300,000 

2 for fiscal year 2008, and $300,000 for fiscal 

3 year 2009. 

4 (B) CONTRACT AUTHORITY.—A grant or 

5 contract that is financed with amounts paid 

6 under this subparagraph from the Mass Transit 

7 Account is a contractual obligation of the 

8 United States Government to pay the Govern9 ment’s share of the cost of the project. 

10 (3) AIRPORT AND AIRWAY TRUST FUND.—

11 There is authorized to be appropriated from the Air12 port and Airway Trust Fund to carry out this sec13 tion $500,000 for fiscal year 2005, $500,000 for fis14 cal year 2006, and $500,000 for fiscal year 2007.

15 SEC. 1613. IDLING REDUCTION FACILITIES IN INTERSTATE 

16 RIGHTS-OF-WAY. 

17 Section 111 of title 23 of the United States Code is 

18 hereby amended by adding at the end the following: 

19 ‘‘(d) IDLING REDUCTION FACILITIES IN INTERSTATE

20 RIGHTS-OF-WAY.—Notwithstanding the prohibition on 

21 commercial establishments set forth in subsection (a), any 

22 State may permit electrification or other idling reduction 

23 facilities and equipment, for use by motor vehicles used 

24 for commercial purposes, to be placed in rest and recre25 ation areas, and in safety rest areas, constructed or lo-
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1 cated on rights-of-way of the Interstate System in such 

2 State, and may charge, or permit charges for the use of 

3 such facilities. The exclusive purpose of such facilities or 

4 technologies shall be to enable operators of such vehicles 

5 to turn off their engines while parked and still have heat6 ing, air conditioning, electricity, and communication serv7 ices in the vehicle.’’. 

8 SEC. 1614. APPROPRIATION FOR TRANSPORTATION PUR9 POSES OF LANDS OR INTEREST IN LANDS 

10 OWNED BY THE UNITED STATES. 

11 (a) IN GENERAL.—Section 317 of title 23, United 

12 States Code, is amended to read as follows: 

13 ‘‘§ 317. Appropriation for transportation purposes of 

14 lands or interest in lands owned by the 

15 United States 

16 ‘‘(a) IN GENERAL.—If the Secretary determines that 

17 any part of the lands or interests in land owned by the 

18 United States are reasonably necessary for any project ad19 ministered under this title or as a source for materials 

20 for such a project, the Secretary is authorized to file with 

21 the Secretary of the Department supervising the adminis22 tration of such lands or interests in lands a description 

23 and a map showing the portion of such lands or interests 

24 in lands which it is necessary to appropriate. The Sec25 retary of such Department shall have a period of up to 
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1 four months to review the proposed appropriation and to 

2 designate reasonable mitigation measures necessary to 

3 protect the adjacent Federal lands from adverse environ4 mental impacts, or to certify that the proposed appropria5 tion is contrary to the purposes for which such lands or 

6 materials have been reserved. If no such certification is 

7 received, the Secretary may appropriate and transfer such 

8 lands or interests in lands to the State transportation de9 partment, or its nominee, subject to such reasonable miti10 gation measures designated above. If at any time the need 

11 for such lands or materials for transportation purposes 

12 shall no longer exist, notice of the fact shall be given by 

13 the State transportation department to the Secretary and 

14 the Secretary of the Department from which they had 

15 been appropriated. Such lands or materials may, at the 

16 discretion of the Secretary of the Department from which 

17 they had been appropriated or its designee, revert to the 

18 United States, under the control of such Secretary, or its 

19 designee. Unless otherwise instructed by the Secretary, 

20 prior to any such reversion the State transportation de21 partment shall restore the land to its former condition. 

22 ‘‘(b) PRIOR RESTRICTIONS OR ENCUMBRANCES.—

23 Notwithstanding any other provision of law, the acquisi24 tion and use of land under this section may proceed irre25 spective of any prior deed restrictions or other encum-
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1 brances that were imposed as a condition on the receipt 

2 of Federal funds.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 3 of such title is revised by amending the item 

5 relating to section 317 to read as follows:

‘‘317. Appropriation for transportation purposes of lands or interest in lands 

owned by the United States.’’.

6 SEC. 1615. TOLL PROGRAMS. 

7 (a) INTERSTATE SYSTEM RECONSTRUCTION AND RE8 HABILITATION PILOT PROGRAM.—Sec. 1216(b) of the 

9 Transportation Equity Act for the 21st Century is amend10 ed—

11 (1) in paragraph (1), by striking ‘‘that could 

12 not otherwise be adequately maintained or function13 ally improved without the collection of tolls’’; 

14 (2) in paragraph (3), by striking subparagraph 

15 (C) and inserting the following: 

16 ‘‘(C) An analysis demonstrating that fi17 nancing the reconstruction or rehabilitation of 

18 the facility with the collection of tolls under this 

19 pilot program is the most efficient, economical, 

20 or expeditious way to advance the project.’’; and 

21 (3) in paragraph (4), 

22 (A) by striking subparagraph (A) and in23 serting the following: 
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1 ‘‘(A) the State’s analysis showing that fi2 nancing the reconstruction or rehabilitation of 

3 this facility with the collection of tolls under 

4 this program is the most efficient, economical, 

5 or expeditious way to advance the project is 

6 reasonable;’’; 

7 (B) by striking subparagraph (B) and in8 serting the following: 

9 ‘‘(B) the facility needs reconstruction or 

10 rehabilitation;’’; 

11 (C) by striking subparagraph (C); and 

12 (D) by redesignating subparagraphs (D) 

13 and (E) as subparagraphs (C) and (D), respec14 tively. 

15 (b) VARIABLE TOLL PRICING PROGRAM.—

16 (1) ESTABLISHMENT.—The Secretary, notwith17 standing sections 129 and 301 of title 23, United 

18 States Code, may permit a State or public authority 

19 to toll any highway, bridge, or tunnel, including fa20 cilities on the Interstate System, to manage existing 

21 high levels of congestion or reduce emissions in a 

22 nonattainment area or maintenance area. 

23 (2) BASIC PROGRAM.—The following conditions 

24 apply to any variable toll pricing program estab25 lished under this section: 
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1 (A) LIMITATION ON USE OF REVENUES.—

2 All toll revenues received from the operation of 

3 the toll facility shall be used first for debt serv4 ice, reasonable return on investment of any pri5 vate financing, and the costs necessary for 

6 proper operation and maintenance of the toll fa7 cility (including reconstruction, resurfacing, res8 toration, and rehabilitation). If the State or 

9 public authority certifies annually that the 

10 tolled facility is being adequately maintained, 

11 then the State or public authority may use any 

12 excess toll revenues for projects eligible for Fed13 eral assistance under title 23, United States 

14 Code. 

15 (B) AGREEMENT.—Before the Secretary 

16 may permit tolling under this subsection, and 

17 for each facility that may be tolled, the Sec18 retary and the State or public authority must 

19 enter into an agreement providing for the con20 ditions in subparagraphs (A) and (C) of this 

21 paragraph. The agreement shall terminate upon 

22 the decision of the State or public authority to 

23 discontinue its variable tolling program for that 

24 facility. If there is any debt outstanding on the 

25 facility at the time the decision is made to dis-
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1 continue the program, the facility may continue 

2 to be tolled in accordance with the terms of the 

3 agreement until the debt is retired. 

4 (C) REQUIREMENTS.—

5 (i) VARIABLE PRICE REQUIREMENT.—

6 The Secretary shall require, for each facil7 ity that may be tolled under this sub8 section, that the tolls vary in price accord9 ing to time of day, as appropriate, to man10 age congestion or to improve air quality. 

11 (ii) HOV PASSENGER REQUIRE12 MENTS.—In addition to the exceptions to 

13 the high occupancy vehicle passenger re14 quirements established under section 

15 102(a)(2) of title 23, United States Code, 

16 a State may permit vehicles with fewer 

17 than 2 occupants to operate in high occu18 pancy vehicle lanes as part of a variable 

19 toll pricing program established under this 

20 subsection. 

21 (D) LIMITATION ON FEDERAL SHARE.—

22 The Federal share payable for projects on the 

23 tolled facility, including projects to install toll 

24 collection facilities, shall be a percentage deter-
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1 mined by the State but shall not exceed 80 per2 cent. 

3 (3) ELIGIBILITY.—To be eligible to participate 

4 in the program, a State or public authority shall 

5 provide to the Secretary—

6 (A) a description of the congestion or air 

7 quality problems sought to be addressed under 

8 this program; 

9 (B) an identification of the goals sought to 

10 be achieved and the performance measures that 

11 would be used to gauge the success made to12 ward reaching those goals; and 

13 (C) such other information as the Sec14 retary may require. 

15 (4) DEFINITIONS.—

16 (A) MAINTENANCE AREA.—The term 

17 ‘‘maintenance area’’ has the same meaning 

18 given the term under section 101 of title 23, 

19 United States Code. 

20 (B) NONATTAINMENT AREA.—The term 

21 ‘‘nonattainment area’’ has the same meaning 

22 given the term under section 7501 of title 42, 

23 United States Code. 

24 (c) REPEAL.—Section 1012(b) of the Intermodal 

25 Surface Transportation Efficiency Act, as amended by 
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1 section 1216(a) of the Transportation Equity Act for the 

2 21st Century, is repealed. Notwithstanding the repeal of 

3 section 1012(b), the Secretary shall monitor and allow any 

4 value pricing program established under a cooperative 

5 agreement in effect on the date of enactment of this Act 

6 to continue. 

7 SEC. 1616. OZONE STANDARDS, PARTICULATE MATTER 

8 STANDARDS, AND REGIONAL HAZE PRO9 GRAM. 

10 (a) TITLE.—The heading of title VI of the Transpor11 tation Equity Act for the 21st Century (Public Law 105–

12 178; 112 Stat. 463; June 9, 1998) is amended to read 

13 as follows: 

14 ‘‘TITLE VI—OZONE STANDARDS, 

15 PARTICULATE MATTER 

16 STANDARDS, AND REGIONAL 

17 HAZE PROGRAM’’. 

18 (b) FINDINGS AND PURPOSE.—Section 6101 of such 

19 Act is amended to read as follows: 

20 ‘‘§ 6101. Findings and purpose 

21 ‘‘(a) The Congress finds that—

22 ‘‘(1) the fine particle (PM–2.5) standards pro23 mulgated by the Administrator of the Environmental 

24 Protection Agency (referred to in this title as ‘‘Ad-
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1 ministrator’’) in July 1997 were established to pro2 tect the public health and welfare; 

3 ‘‘(2) there is a continuing need for PM–2.5 air 

4 quality monitoring data; 

5 ‘‘(3) with three years of PM–2.5 air quality 

6 monitoring data for all areas expected to be available 

7 by 2003 it is important to move forward to des8 ignate areas as attainment or nonattainment and 

9 proceed with implementation of these standards; 

10 ‘‘(4) it will be beneficial to States to develop 

11 and submit implementation plans for the PM–2.5 

12 standards and the regional haze program at the 

13 same time; and 

14 ‘‘(5) Western States that participated in the 

15 Grand Canyon Visibility Transport Commission 

16 should be permitted to submit plans in 2003 to im17 plement recommendations set forth in the Commis18 sion’s report. 

19 ‘‘(b) The purposes of this title are— 

20 ‘‘(1) to ensure the availability of PM–2.5 air 

21 quality monitoring data; 

22 ‘‘(2) to establish a deadline for the designation 

23 of areas for the PM–2.5 standards; and 

24 ‘‘(3) to ensure that States are able to develop 

25 PM–2.5 and regional haze implementation plans at 
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1 the same time for all areas within a State, while 

2 continuing to allow nine Western States the option 

3 of submitting regional haze plans in 2003 to imple4 ment regional haze requirements based on the 1996 

5 recommendations of the Grand Canyon Visibility 

6 Transport Commission.’’. 

7 (c) PARTICULATE MATTER AND REGIONAL HAZE.— 

8 (1) The heading of section 6102 of the Trans9 portation Equity Act for the 21st Century is amend10 ed to read as follows: 

11 ‘‘§ 6102. Particulate matter and regional haze pro12 grams’’. 

13 (2) Section 6102(c) of such Act is amended to 

14 read as follows: 

15 ‘‘(c)(1) The Governors shall be required to submit 

16 designations referred to in section 107(d)(1) of the Clean 

17 Air Act (42 U.S.C. 7407(d)(1)) for each area following 

18 promulgation of the July 1997 PM–2.5 national ambient 

19 air quality standard by September 30, 2003, based on air 

20 quality monitoring data collected in accordance with any 

21 applicable Federal reference methods for the relevant 

22 areas. Only data from the monitoring network designated 

23 in subsection (a) and other Federal reference method PM–

24 2.5 monitors shall be considered for such designations. 

25 Nothing in the previous sentence shall be construed as af-
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1 fecting the Governor’s authority to designate an area ini2 tially as nonattainment, and the Administrator’s authority 

3 to promulgate the designation of an area as nonattain4 ment, under section 107(d)(1) of the Clean Air Act, based 

5 on its contribution to ambient air quality in a nearby non6 attainment area. 

7 ‘‘(2)(A) Each State shall submit, for the entire State, 

8 the State implementation plan revisions to meet the re9 quirements promulgated by the Administrator under sec10 tion 169B(e)(1) of the Clean Air Act (42 U.S.C. 

11 7492(e)(1)) (hereinafter in this paragraph referred to as 

12 ‘‘the regional haze requirements’’) by 3 years after the 

13 date the Administrator promulgates the designations re14 ferred to in subsection (d) for such State. 

15 ‘‘(B) The provisions of subparagraph (A) of this 

16 paragraph shall not preclude the implementation of the 

17 agreements and recommendations set forth in the Grand 

18 Canyon Visibility Transport Commission Report dated 

19 June 1996. These provisions shall not preclude the sub20 mission of State implementation plan revisions by the 

21 States of Arizona, California, Colorado, Idaho, Nevada, 

22 New Mexico, Oregon, Utah, or Wyoming by December 31, 

23 2003, for implementation of the regional haze require24 ments as they apply to such States. Each of the aforemen25 tioned States submitting such plan revisions shall also 
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1 submit statewide implementation plan revisions, as re2 quired under subparagraph (A), to address, as necessary, 

3 any additional mandatory Class I Federal areas not ad4 dressed by the revisions submitted pursuant to the pre5 ceding sentence.’’. 

6 (3) Section 169B(e)(2) of the Clean Air Act 

7 (42 U.S.C. 7492(e)(2)) is repealed. 

8 (4) Section 6102(d) of the Transportation Eq9 uity Act for the 21st Century is amended to read as 

10 follows: 

11 ‘‘(d) Notwithstanding any other provision of law, the 

12 Administrator shall promulgate the designations referred 

13 to in subsection (d) of section 107 of the Clean Air Act 

14 for each area of each State for the July 1997 PM–2.5 

15 national ambient air quality standards by December 31, 

16 2004.’’. 

17 (d) CONFORMING AMENDMENT.—Section 1(b) of the 

18 Transportation Equity Act for the 21st Century is amend19 ed in the Table of Contents—

20 (1) in the heading for title VI, by striking 

21 ‘‘OZONE AND PARTICULATE MATTER 

22 STANDARDS’’ and inserting ‘‘OZONE STAND23 ARDS, PARTICULATE MATTER STANDARDS, 

24 AND REGIONAL HAZE PROGRAM’’; and 
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1 (2) in the item relating to section 6102, by 

2 striking ‘‘monitoring program’’ and inserting ‘‘and 

3 regional haze programs’’. 

4 SEC. 1617. INDEMNIFICATION ON CERTAIN RAILBANKED 

5 PROJECTS. 

6 Where, pursuant to a final judgment, a Federal court 

7 finds the United States liable by operation of section 8(d) 

8 the National Trails System Act (enacted by section 208 

9 of Public Law 98–11, 97 Stat. 48) (16 U.S.C. 1247(d)), 

10 for a taking of property under the Fifth Amendment to 

11 the United States Constitution, a State that has received 

12 funds, after the date of enactment of this Act, under a 

13 Federal-aid highway program established under title 23, 

14 United States Code, and that has used a portion of those 

15 funds to acquire, develop, maintain or improve a railroad 

16 right-of-way that is the subject of the judgment, shall in17 demnify the United States up to the lesser amount of the 

18 judgment awarded (including attorney fees) or the Fed19 eral-aid highway program funds received in connection 

20 with that railroad right-of-way. 
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1 Subtitle G—Program Efficiencies 

2 and Improvements—Operations 

3 SEC. 1701. TRANSPORTATION SYSTEMS MANAGEMENT AND 

4 OPERATIONS. 

5 (a) DEFINITIONS.— Section 101(a) of title 23, 

6 United States Code, is amended—

7 (1) in paragraph (3)—

8 (A) by inserting ‘‘and intermodal oper9 ations to enhance security’’ after ‘‘program’’ in 

10 the first sentence; and 

11 (B) in subparagraph (G), by striking ‘‘traf12 fic control systems,’’; 

13 (2) in paragraph (18), as redesignated by this 

14 Act, by inserting ‘‘costs incurred by transportation 

15 agencies attributed to operation of technology used 

16 to monitor critical transportation infrastructure for 

17 security purposes,’’ after ‘‘rent,’’ and by inserting 

18 ‘‘transportation systems management and operations 

19 and’’ after ‘‘with’’; 

20 (3) in paragraph (19)(A)(i), as redesignated by 

21 this Act, by inserting—

22 (A) ‘‘transportation system management 

23 and operations, including,’’ after ‘‘for’’; 

24 (B) ‘‘and transportation security’’ after 

25 ‘‘installation of traffic’’; and 
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1 (C) ‘‘equipment and programs for trans2 portation response to manmade and natural dis3 asters,’’ after ‘‘incident management pro4 grams,’’; 

5 (4) by redesignating paragraphs (39) and (40), 

6 as redesignated by this Act, as paragraphs (40) and 

7 (41), respectively; and 

8 (5) by inserting new paragraph (39) after para9 graph (38), as follows: 

10 ‘‘(39) TRANSPORTATION SYSTEMS MANAGE11 MENT AND OPERATIONS.—The term ‘‘transportation 

12 systems management and operations’’ means an in13 tegrated program to optimize the performance of ex14 isting infrastructure through the implementation of 

15 multi- and intermodal, cross-jurisdictional systems, 

16 services, and projects designed to preserve capacity 

17 and improve security, safety, and reliability of Fed18 eral-aid highways. Transportation systems manage19 ment and operations includes regional operations 

20 collaboration and coordination activities between 

21 transportation and public safety agencies, and im22 provements such as traffic detection and surveil23 lance, arterial management, freeway management, 

24 demand management, work zone management, emer25 gency management, electronic toll collection, auto-
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1 mated enforcement, traffic incident management, 

2 roadway weather management, traveler information 

3 services, commercial vehicle operations, traffic con4 trol, freight management, and coordination of high5 way, rail, transit, bicycle, and pedestrian oper6 ations.’’. 

7 (b) CONGESTION MITIGATION AND AIR QUALITY IM8 PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) 

9 of such title is amended by inserting ‘‘improve transpor10 tation systems management and operations,’’ after ‘‘inter11 sections,’’

12 (c) SURFACE TRANSPORTATION PROGRAM ELIGI13 BILITY.—Section 133(b) of such title, as amended by sec14 tion 1608 of this Act, is further amended by adding at 

15 the end the following: 

16 ‘‘(17) Regional transportation operations col17 laboration and coordination activities that are asso18 ciated with regional improvements, such as traffic 

19 incident management, technology deployment, emer20 gency management and response, traveler informa21 tion, and regional congestion relief.’’.

22 (d) TRANSPORTATION SYSTEMS MANAGEMENT AND

23 OPERATIONS.—Chapter 1 of such title, as amended by 

24 this Act, is further amended by inserting the following new 

25 section after section 164: 
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1 ‘‘§ 165. Transportation systems management and op2 erations 

3 ‘‘(a) AUTHORITY.—To ensure efficient and effective 

4 transportation systems management and operations on 

5 Federal-aid highways, through collaboration, coordination, 

6 and real-time information sharing, at a regional level, be7 tween transportation system managers and operators, 

8 public safety officials, and the general public, and to man9 age and operate Federal-aid highways in a coordinated 

10 manner to preserve the capacity and maximize the per11 formance of existing highway and transit facilities for 

12 travelers and carriers, the Secretary of Transportation 

13 may—

14 ‘‘(1) encourage transportation system man15 agers, operators, public safety officials, and trans16 portation planners within an urbanized area, who 

17 are actively engaged in and responsible for con18 ducting the day-to-day management, operations, 

19 public safety, and planning of transportation facili20 ties and services, to collaborate and coordinate on a 

21 regional level in a continuous and sustained manner, 

22 for improved transportation systems management 

23 and operations, including, at a minimum— 

24 ‘‘(A) developing a regional concept of oper25 ations that defines a regional strategy shared 

26 by all transportation and public safety partici-
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1 pants for how the regions’ systems should be 

2 managed, operated, and measured; 

3 ‘‘(B) sharing of information among opera4 tors, service providers, public safety officials, 

5 and the general public; and 

6 ‘‘(C) guiding in a regionally-coordinated 

7 manner, the implementation of regional trans8 portation system management and operations 

9 initiatives including emergency evacuation and 

10 response, traffic incident management, tech11 nology deployment, and traveler information 

12 systems delivery, in a manner consistent with 

13 and integrated into the ongoing Metropolitan 

14 and Statewide transportation planning proc15 esses and regional intelligent transportation 

16 system architecture, if required; and 

17 ‘‘(2) encourage States to establish a system of 

18 basic real-time monitoring capability for the surface 

19 transportation system and provide the capability and 

20 means to share that data among agencies (highways, 

21 transit, public safety), jurisdictions (including states, 

22 cities, counties, metropolitan planning organiza23 tions), private-sector entities; and the traveling pub24 lic. 
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1 ‘‘(b) EXECUTION.—To support the successful execu2 tion of transportation systems management and oper3 ations activities, the Secretary may undertake the fol4 lowing: 

5 ‘‘(1) Assist and cooperate with other Federal 

6 departments and agencies, State and local govern7 ments, metropolitan planning organizations, private 

8 industry, and other interested parties to improve re9 gional collaboration and real—time information 

10 sharing between transportation system managers 

11 and operators, public safety officials, emergency 

12 managers, and general public to increase security, 

13 safety, and reliability of our Federal-aid highways. 

14 ‘‘(2) Issue, if necessary, new guidance or regu15 lations for the procurement of transportation system 

16 management and operations facilities, equipment, 

17 and services, including but not limited to equipment 

18 procured in preparation for manmade or natural dis19 asters and emergencies, system hardware, software, 

20 and software integration services. In developing such 

21 guidelines, the Secretary may consider innovative 

22 procurement methods that support the timely and 

23 streamlined execution of transportation system man24 agement and operations programs and projects. 
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1 ‘‘(3) Approve for Federal financial assistance 

2 from funds apportioned under section 104(b)(3) of 

3 this title support for regional operations collabora4 tion and coordination activities that are associated 

5 with regional improvements, such as traffic incident 

6 management, technology deployment, emergency 

7 management and response, traveler information, and 

8 congestion relief.’’. 

9 (e) CONFORMING AMENDMENT.—The analysis for 

10 chapter 1 of such title is amended by inserting after the 

11 item relating to section 164 the following:

‘‘165. Transportation systems management and operations.’’.

12 SEC. 1702. REAL–TIME SYSTEM MANAGEMENT INFORMA13 TION PROGRAM. 

14 (a) GOALS AND PURPOSES.—

15 (1) GOALS.—The goals of the real-time system 

16 management information program are to provide the 

17 nationwide capability to monitor, in real-time, the 

18 traffic and travel conditions of our nation’s major 

19 highways and to widely share that information to 

20 improve the security of the surface transportation 

21 system, address congestion problems, support im22 proved response to weather events, and facilitate na23 tional and regional traveler information. 

24 (2) PURPOSES.—The purposes of the real-time 

25 system management information program are to—
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1 (A) establish a nationwide system of basic 

2 real-time information for managing and oper3 ating our surface transportation system; 

4 (B) identify longer range real-time high5 way and transit monitoring needs and develop 

6 plans and strategies for meeting those needs; 

7 and 

8 (C) provide the capability and means to 

9 share that data with state and local govern10 ments, and the traveling public. 

11 (b) DATA EXCHANGE FORMATS.—Within one year of 

12 enactment of this Act, the Secretary shall establish data 

13 exchange formats to ensure that the data provided by 

14 highway and transit monitoring systems, including state15 wide incident reporting systems can readily be exchanged 

16 across jurisdictional boundaries, facilitating nationwide 

17 availability of information. 

18 (c) STATEWIDE INCIDENT REPORTING SYSTEM.—

19 Within 2 years of enactment of this legislation, each State 

20 shall establish a statewide incident reporting system. 

21 (d) REGIONAL INTELLIGENT TRANSPORTATION SYS22 TEM ARCHITECTURE.—

23 (1) As State and local governments develop or 

24 update their regional ITS architectures, as specified 

25 in section 940.9 of title 23, Code of Federal Regula-
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1 tions (Regional ITS Architecture), they shall explic2 itly address their real-time highway and transit in3 formation needs and the systems needed to meet 

4 those needs. This specific incorporation of informa5 tion needs should address coverage, monitoring sys6 tems, data fusion and archiving, and methods of ex7 changing or sharing this information. 

8 (2) States are encouraged to incorporate the 

9 data exchange formats developed by the Secretary to 

10 ensure that the data provided by highway and tran11 sit monitoring systems can readily be exchanged 

12 across state and local governments, and with the 

13 traveling public. 

14 (e) ELIGILIBITY.—

15 (1) USE OF SURFACE TRANSPORTATION PRO16 GRAM FUNDS.—Subject to project approval by the 

17 Secretary, a State may obligate funds apportioned to 

18 it under section 104(b)(3) of title 23, United States 

19 Code, for activities related to the planning and de20 ployment of real-time monitoring elements. 

21 (2) USE OF NATIONAL HIGHWAY SYSTEM

22 FUNDS.—Subject to project approval by the Sec23 retary, a State may obligate funds apportioned to it 

24 under section 104(b)(1) of title 23, United States 
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1 Code, for activities related to the planning and de2 ployment of real-time monitoring elements. 

3 (3) USE OF STATE PLANNING AND RESEARCH

4 FUNDS.—Subject to project approval by the Sec5 retary, a State may obligate funds available under 

6 section 104(i) of title 23, United States Code, as 

7 amended by section 1503 of this Act, for activities 

8 related to the planning of real-time monitoring ele9 ments. 

10 (f) DEFINITION.—In this section, the term ‘‘state11 wide incident reporting system’’ means a statewide system 

12 for facilitating the real-time electronic reporting of inci13 dents to a central location for use in monitoring the event, 

14 providing accurate traveler information, and responding to 

15 the incident as appropriate. 

16 SEC. 1703. INTELLIGENT TRANSPORTATION SYSTEMS PER17 FORMANCE INCENTIVE PROGRAM. 

18 (a) IN GENERAL.—The Secretary shall establish a 

19 comprehensive incentive program to accelerate the integra20 tion and interoperability of intelligent transportation sys21 tems in order to improve the performance of the surface 

22 transportation system in metropolitan and rural areas. 

23 (b) DEFINITIONS.— 

24 (1) INTELLIGENT TRANSPORTATION SYS25 TEMS.—The term ‘‘intelligent transportation sys-
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1 tems’’ has the meaning given the term under section 

2 5507 of this Act. 

3 (2) NATIONAL HIGHWAY SYSTEM.—The term 

4 ‘‘National Highway System’’ means the Federal-aid 

5 highway system described in section 103(b) of title 

6 23, United States Code. 

7 (3) REGION.—The term ‘‘region’’ means any 

8 geographic area that identifies the boundaries of the 

9 regional Intelligent Transportation Systems architec10 ture and is defined by the needs of the participating 

11 agencies and their stakeholders for the purposes of 

12 improving surface transportation operations. A re13 gion may include a metropolitan planning area, a 

14 corridor, a State, or multiple states. 

15 (c) GOAL.—The goal of the intelligent transportation 

16 systems performance incentive program is to reduce traffic 

17 congestion, improve transportation system reliability, pro18 vide better customer service to users of the highway sys19 tem, and improve safety and security by providing finan20 cial incentives to transportation agencies to invest in 

21 proactively monitoring and managing the performance of 

22 the transportation system. 

23 (d) PURPOSE.—The purpose of the intelligent trans24 portation systems performance incentive program is to 

25 support the deployment and integration of intelligent 
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1 transportation systems based on the performance of these 

2 systems in improving the management and operation of 

3 their surface transportation systems. 

4 (e) REGULATIONS.—

5 (1) ISSUANCE.—The Secretary of Transpor6 tation shall issue regulations establishing a funding 

7 formula for the distribution of funds under this sec8 tion. 

9 (2) BASIS FOR FUNDING FORMULA.—The fund10 ing formula shall be based on criteria that reflect 

11 each State’s—

12 (A) reductions in delay due to incidents; 

13 (B) improvements in the operation and 

14 safety of signalized intersections; 

15 (C) reductions in delay and improvements 

16 in safety of work zones on the National High17 way System; 

18 (D) improvements in the efficiency and re19 liability of transit services; 

20 (E) overall improvement in integrated re21 gional transportation operations; 

22 (F) improvements in the quality and avail23 ability of traveler information; 

24 (G) improved crash notification; and 
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1 (H) improvements in the safety and pro2 ductivity of commercial vehicle operations on 

3 the National Highway System. 

4 (3) EFFECTIVE DATE.—The funding formula 

5 shall take effect in the fiscal year established by the 

6 Secretary in the regulations. 

7 (4) APPORTIONMENT PHASE-IN.—The funding 

8 formula shall provide for the apportionment of funds 

9 in the following manner: 

10 (A) FIRST FISCAL YEAR.—In the first fis11 cal year that the funding formula is in effect, 

12 50 percent of the sums authorized to be appro13 priated for expenditure on the intelligent trans14 portation systems performance incentive pro15 gram for that fiscal year shall be apportioned 

16 according to the funding formula developed 

17 under this subsection and 50 percent of the 

18 amount shall be apportioned in accordance with 

19 the formula set forth in section 104(b)(1)(A)(i) 

20 through (iv) of title 23, United States Code. 

21 (B) SECOND FISCAL YEAR.—In the second 

22 fiscal year the funding formula is in effect, 75 

23 percent of the sums authorized to be appro24 priated for expenditure on the intelligent trans25 portation systems performance incentive pro-
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1 gram for that fiscal year shall be apportioned 

2 according to the funding formula developed 

3 under this subsection and 25 percent of the 

4 amount shall be apportioned in accordance with 

5 the formula set forth in section 104(b)(1)(A)(i) 

6 through (iv) of title 23, United States Code. 

7 (C) THIRD AND SUBSEQUENT FISCAL

8 YEARS.—In the third and subsequent fiscal 

9 years, the sums authorized to be appropriated 

10 for expenditure on the intelligent transportation 

11 systems performance incentive program shall be 

12 apportioned according to the funding formula 

13 developed under this subsection. 

14 (f) FUNDING.— 

15 (1) APPLICABILITY OF TITLE 23, UNITED

16 STATES CODE.—Funds authorized to be appro17 priated under section 1101(a)(13) of this Act shall 

18 be available for obligation in the same manner and 

19 to the same extent as if such funds were apportioned 

20 under chapter 1 of title 23, United States Code, ex21 cept that such funds shall remain available until ex22 pended. 

23 (2) FEDERAL SHARE.—The Federal share pay24 able under section 120(b) of title 23, United States 
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1 Code, shall apply to any project carried out under 

2 this section. 

3 (g) APPORTIONMENTS.—The Secretary shall appor4 tion the sums authorized to be appropriated for expendi5 ture on the intelligent transportation systems performance 

6 incentive program among the States in accordance with 

7 the formula set forth in section 104(b)(1)(A)(i) through 

8 (iv) of title 23, United States Code, until the fiscal year 

9 established by the regulation under subsection (e)(3). 

10 (h) USE OF FUNDS.—Amounts apportioned under 

11 this section shall be used for projects involving planning, 

12 deployment, integration, and operation of intelligent trans13 portation systems, or any other project or activity de14 signed to further improve system operations. Funds ap15 portioned to each State under this section should be made 

16 available for projects in metropolitan planning areas, cor17 ridors, and other regions as appropriate to improve oper18 ations. 

19 SEC. 1704. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

20 AND NETWORKS DEPLOYMENT. 

21 (a) IN GENERAL.—The Secretary shall carry out a 

22 Commercial Vehicle Information Systems and Networks 

23 program to—

24 (1) improve the safety and productivity of com25 mercial vehicles and drivers; and 
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1 (2) reduce costs associated with commercial ve2 hicle operations and Federal and State commercial 

3 vehicle regulatory requirements. 

4 (b) PURPOSE.—The program shall advance the tech5 nological capability and promote the deployment of intel6 ligent transportation system applications for commercial 

7 vehicle operations, including commercial vehicle, commer8 cial driver, and carrier-specific information systems and 

9 networks. 

10 (c) CORE DEPLOYMENT GRANTS.—

11 (1) IN GENERAL.—The Secretary shall make 

12 grants to eligible States for the core deployment of 

13 Commercial Vehicle Information Systems and Net14 works. 

15 (2) ELIGIBILITY.— To be eligible for a core de16 ployment grant under this section, a State—

17 (A) shall have a Commercial Vehicle Infor18 mation Systems and Networks program plan 

19 and a top level system design approved by the 

20 Secretary; 

21 (B) shall certify to the Secretary that its 

22 Commercial Vehicle Information Systems and 

23 Networks deployment activities, including hard24 ware procurement, software and system devel25 opment, and infrastructure modifications, are 
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1 consistent with the national intelligent transpor2 tation systems and Commercial Vehicle Infor3 mation Systems and Networks architectures 

4 and available standards, and promote interoper5 ability and efficiency to the extent practicable; 

6 and 

7 (C) shall agree to execute interoperability 

8 tests developed by the Federal Motor Carrier 

9 Safety Administration to verify that its systems 

10 conform with the national intelligent transpor11 tation systems architecture, applicable stand12 ards, and protocols for Commercial Vehicle In13 formation Systems and Networks. 

14 (3) AMOUNT OF GRANTS.—The maximum ag15 gregate amount a State may receive under this sec16 tion for the core deployment of Commercial Vehicle 

17 Information Systems and Networks may not exceed 

18 $2.5 million, including funds received under sections 

19 4001(e) and 5001(a)(5) and (6) of the Transpor20 tation Equity Act for the 21st Century for the core 

21 deployment of Commercial Vehicle Information Sys22 tems and Networks. 

23 (4) USE OF FUNDS.—Funds from a grant 

24 under this subsection may only be used for the core 

25 deployment of Commercial Vehicle Information Sys-
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1 tems and Networks. Eligible States that have either 

2 completed the core deployment of Commercial Vehi3 cle Information Systems and Networks or complete 

4 such deployment before core deployment grant funds 

5 are expended, may use the remaining core deploy6 ment grant funds for the expanded deployment of 

7 Commercial Vehicle Information Systems and Net8 works in their State. 

9 (d) EXPANDED DEPLOYMENT GRANTS.—

10 (1) IN GENERAL.—For each fiscal year, from 

11 the funds remaining after the Secretary has made 

12 core deployment grants under subsection (c) of this 

13 section, the Secretary may make grants to each eli14 gible State, upon request, for the expanded deploy15 ment of Commercial Vehicle Information Systems 

16 and Networks. 

17 (2) ELIGIBILITY.—Each State that has com18 pleted the core deployment of Commercial Vehicle 

19 Information Systems and Networks is eligible for an 

20 expanded deployment grant. 

21 (3) AMOUNT OF GRANTS.—Each fiscal year, the 

22 Secretary may distribute funds available for ex23 panded deployment grants equally among the eligible 

24 States, but not to exceed $1 million per State. 
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1 (4) USE OF FUNDS.—A State may use funds 

2 from a grant under this subsection only for the ex3 panded deployment of Commercial Vehicle Informa4 tion Systems and Networks. 

5 (e) FEDERAL SHARE.—The Federal share of the cost 

6 of a project payable from funds made available to carry 

7 out this section shall not exceed 50 percent. The total Fed8 eral share of the cost of a project payable from all eligible 

9 sources shall not exceed 80 percent. 

10 (f) APPLICABILITY OF TITLE 23, UNITED STATES

11 CODE.—Funds authorized to be appropriated under sec12 tion 1101(a)(15) of this Act shall be available for obliga13 tion in the same manner and to the same extent as if such 

14 funds were apportioned under chapter 1 of title 23, United 

15 States Code, except that such funds shall remain available 

16 until expended.

17 (g) DEFINITIONS.—In this section, the following defi18 nitions apply: 

19 (1) COMMERCIAL VEHICLE INFORMATION SYS20 TEMS AND NETWORKS.—The term ‘‘Commercial Ve21 hicle Information Systems and Networks’’ means the 

22 information systems and communications networks 

23 that provide the capability to— 

24 (A) improve the safety of commercial vehi25 cle operations; 
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1 (B) increase the efficiency of regulatory in2 spection processes to reduce administrative bur3 dens by advancing technology to facilitate in4 spections and increase the effectiveness of en5 forcement efforts; 

6 (C) advance electronic processing of reg7 istration information, driver licensing informa8 tion, fuel tax information, inspection and crash 

9 data, and other safety information; 

10 (D) enhance the safe passage of commer11 cial vehicles across the United States and 

12 across international borders; and 

13 (E) promote the communication of infor14 mation among the States and encourage 

15 multistate cooperation and corridor develop16 ment. 

17 (2) COMMERCIAL VEHICLE OPERATIONS.—The 

18 term ‘‘commercial vehicle operations’’— 

19 (A) means motor carrier operations and 

20 motor vehicle regulatory activities associated 

21 with the commercial movement of goods, includ22 ing hazardous materials, and passengers; and 

23 (B) with respect to the public sector, in24 cludes the issuance of operating credentials, the 

25 administration of motor vehicle and fuel taxes, 
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1 and roadside safety and border crossing inspec2 tion and regulatory compliance operations. 

3 (3) CORE DEPLOYMENT.—The term ‘‘core de4 ployment’’ means the deployment of systems in a 

5 State necessary to provide the State with the fol6 lowing capabilities: 

7 (A) Safety information exchange to—

8 (i) electronically collect and transmit 

9 commercial vehicle and driver inspection 

10 data at a majority of inspection sites; 

11 (ii) connect to the Safety and Fitness 

12 Electronic Records (SAFER) system for 

13 access to interstate carrier and commercial 

14 vehicle data, summaries of past safety per15 formance, and commercial vehicle creden16 tials information; and 

17 (iii) exchange carrier data and com18 mercial vehicle safety and credentials infor19 mation within the State and connect to 

20 Safety and Fitness Electronic Records 

21 (SAFER) for access to interstate carrier 

22 and commercial vehicle data. 

23 (B) Interstate credentials administration 

24 to— 
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1 (i) perform end-to-end processing, in2 cluding carrier application, jurisdiction ap3 plication processing, and credential 

4 issuance, of at least the International Reg5 istration Plan (IRP) and International 

6 Fuel Tax Agreement (IFTA) credentials 

7 and extend this processing to other creden8 tials, including intrastate, titling, oversize/

9 overweight, carrier registration, and haz10 ardous materials; 

11 (ii) connect to the International Reg12 istration Plan (IRP) and International 

13 Fuel Tax Agreement (IFTA) clearing14 houses; and 

15 (iii) have at least 10 percent of the 

16 transaction volume handled electronically 

17 and have the capability to add more car18 riers and to extend to branch offices where 

19 applicable. 

20 (C) Roadside electronic screening to elec21 tronically screen transponder-equipped commer22 cial vehicles at a minimum of one fixed or mo23 bile inspection site and to replicate this screen24 ing at other sites. 
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1 (4) EXPANDED DEPLOYMENT.—The term ‘‘ex2 panded deployment’’ means the deployment of sys3 tems in a State that exceed the requirements of a 

4 core deployment of Commercial Vehicle Information 

5 Systems and Networks, improve safety and the pro6 ductivity of commercial vehicle operations, and en7 hance transportation security. 

8 Subtitle H—Program Efficiencies 

9 and Improvements—Federal-Aid 

10 Stewardship 

11 SEC. 1801. SURFACE TRANSPORTATION SYSTEM PERFORM12 ANCE PILOT PROGRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—The Secretary shall establish 

15 and implement a Surface Transportation System 

16 Performance Pilot Program. Subject to this section, 

17 a State may assume some or all, as the Secretary 

18 and State may agree, of the Secretary’s responsibil19 ities under title 23, United States Code, or assume 

20 all or some, as they may agree, of the Secretary’s re21 sponsibilities under any Federal law, for projects 

22 constructed with Federal funds under this pilot pro23 gram. 

24 (2) OBLIGATION OF FUNDS.—States partici25 pating in this pilot program may obligate funds 
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1 under sections 104(b)(1), 104(b)(3), 104(b)(4), 

2 104(b)(5), 105, and 144(e) of title 23, United States 

3 Code, for any purpose for which Federal funds may 

4 be obligated by a State under title 23. However, the 

5 State shall reserve 10 percent of the funds appor6 tioned under section 104(b)(3) in each fiscal year for 

7 transportation enhancement activities as specified in 

8 section 133(d)(1), as amended by this Act. 

9 (3) PURPOSE.—The purpose of this perform10 ance pilot program is to demonstrate the benefits of 

11 performance-based management and to determine 

12 how such an approach can be best incorporated into 

13 an effective federally-assisted, State administered 

14 federal-aid highway program. The Secretary shall 

15 work closely with potential pilot States to determine 

16 ways to build into program-level oversight perform17 ance measures that reflect both State and national 

18 interests and to apply them with specific measure19 ment of program effectiveness. 

20 (b) STATE PARTICIPATION.—

21 (1) NUMBER OF PARTICIPATING STATES.—The 

22 Secretary may permit up to five States to participate 

23 in the performance pilot program established under 

24 subsection (a).
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1 (2) APPLICATION.—To participate in the per2 formance pilot program, a State shall submit an ap3 plication to the Secretary that contains, at a min4 imum, the following: 

5 (A) A description of the State’s long-term 

6 and short-term transportation goals. 

7 (B) A description of how the State will ad8 dress any areas of national strategic impor9 tance, as may be determined by the Secretary, 

10 in reaching its goals. The areas of national 

11 strategic importance must include the following: 

12 national security, interstate commerce, mobility, 

13 safety, and environmental stewardship. 

14 (C) A description of the performance 

15 measures under which the State’s progress and 

16 success toward reaching its goals would be 

17 measured. 

18 (D) A description of how funding will be 

19 distributed equitably across the State, including 

20 to urbanized areas with populations in excess of 

21 200,000. This would include addressing how 

22 local units of government would be consulted in 

23 the process of program development and imple24 mentation. 
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1 (E) Evidence of the State’s notice and so2 licitation of public comment and copies of com3 ments received from such solicitation. 

4 (F) Such other information as the Sec5 retary may require. 

6 (3) PUBLIC NOTICE.—Each State that submits 

7 an application under this subsection, shall give pub8 lic notice of its intent to participate in the pilot pro9 gram at least 20 days prior to submitting its appli10 cation to the Secretary. The State shall provide no11 tice and solicit public comment by publishing the en12 tire application in accordance with the State’s public 

13 notice law. 

14 (4) SELECTION CRITERIA.—The Secretary may 

15 approve the application of a State under this section 

16 only if the application demonstrates how the State 

17 plans to address the areas of national strategic im18 portance as identified in subsection (b)(2)(B). The 

19 Secretary will prioritize the selection of applications 

20 based on the degree to which the applicant’s pro21 posed goals address the areas of national strategic 

22 importance, the State’s ability to manage and mon23 itor its programs on a performance basis, the State’s 

24 commitment to conduct the required evaluations, 
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1 and the degree to which the application otherwise 

2 proposes to achieve the purposes of this section. 

3 (c) PROGRAM ELEMENTS.—

4 (1) STATE AGREEMENT TO ASSUME SEC5 RETARY’S RESPONSIBILITIES.—

6 (A) ASSIGNMENT AND ASSUMPTION OF RE7 SPONSIBILITIES.—The Secretary and a State 

8 may agree, as provided in this section, that the 

9 Secretary will assign and the State will assume 

10 some or all of the responsibilities of the Sec11 retary under any Federal law or requirement, 

12 except for the responsibilities relating to Feder13 ally recognized tribes, with respect to any 

14 project constructed with federal funds under 

15 this pilot program. The State shall assume 

16 these responsibilities subject to the same proce17 dural and substantive requirements as would be 

18 required if such responsibilities were carried out 

19 by the Secretary. When a State assumes such 

20 responsibilities under a Federal law, the State 

21 shall be solely responsible and solely liable for 

22 complying with and carrying out that law in 

23 lieu of the Secretary and shall submit a certifi24 cation as provided in subsection (f)(1). 
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1 (B) FEDERAL ROLE OF STATE.—For pur2 poses of assuming the Secretary’s responsibil3 ities under a Surface Transportation System 

4 Performance Pilot Program, to the extent the 

5 State is carrying out the Secretary’s respon6 sibilities under the National Environmental Pol7 icy Act, title 23, United States Code, or any 

8 other Federal law, the State shall be deemed to 

9 be a Federal agency under such laws, and shall 

10 agree that its transportation department, or 

11 any other State agency carrying out a responsi12 bility of the Secretary under this section, shall 

13 be subject to such Federal laws to the same ex14 tent that a Federal agency would be subject to 

15 such laws. 

16 (C) STATE CERTIFICATION OF ASSUMP17 TION OF RESPONSIBILITIES.—Whenever a State 

18 assumes any of the Secretary’s responsibilities 

19 under a Federal law, the State shall certify that 

20 it has laws and regulations that—

21 (i) authorize the State to take the ac22 tions necessary to carry out the respon23 sibilities being assumed; and 

24 (ii) are comparable to the Federal 

25 Freedom of Information Act and that any 
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1 decision regarding the public availability of 

2 a document under those laws is reviewable 

3 by a court of competent authority. 

4 (2) OTHER FEDERAL AGENCY VIEWS.—If a 

5 State assumes a responsibility of the Secretary 

6 under paragraph (1) of this subsection that would 

7 have required the Secretary to consult with another 

8 Federal agency, the Secretary shall solicit the views 

9 of such Federal agency prior to entering into or re10 newing any program agreement. 

11 (3) MAINTENANCE OF EFFORT.—The Secretary 

12 shall not make any apportionment to a State partici13 pating in this performance pilot program in any fis14 cal year under sections 104(b)(1), 104(b)(3), 

15 104(b)(4), 104(b)(5), 105, and 144(e) of title 23, 

16 United States Code, unless the State enters into 

17 such agreements with the Secretary as the Secretary 

18 may require to ensure that the State will maintain 

19 its non-Federal transportation capital expenditures 

20 in any fiscal year at or above the average level of 

21 such expenditures for the preceding three fiscal 

22 years. 

23 (4) FEDERAL SHARE PAYABLE.—The Federal 

24 share payable under this performance pilot program 

25 for a project funded with apportionments under sec-
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1 tions 104(b)(1), 104(b)(3), 104(b)(4), 104(b)(5), 

2 105, and 144(e) of title 23, United States Code, 

3 may be up to 100 percent; except that, the Federal 

4 share payable for transportation enhancements 

5 under section 133(d)(1), shall be determined in ac6 cordance with title 23, United States Code. 

7 (d) PROGRAM AGREEMENT.—

8 (1) IN GENERAL.—Each year prior to making 

9 any apportionments to a participating State, the 

10 Secretary shall enter into an agreement with the 

11 State establishing its performance goals and per12 formance measures.

13 (2) AGREEMENT CONCERNING PARTICIPATING

14 STATE’S RESPONSIBILITIES.—The Secretary shall 

15 enter into one or more agreements with a State se16 lected for participation in this pilot program con17 cerning which, if any, Federal laws or requirements 

18 the State will carry out under subsection (c). The 

19 program agreement between the Secretary and the 

20 State shall specify management responsibilities, in21 cluding the role of the State in relation to other 

22 Federal agencies. 

23 (3) GOALS.—The Secretary and participating 

24 State shall agree, based on the State’s priorities and 

25 the areas of national strategic importance as deter-
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1 mined by the Secretary, on the long-term and short2 term goals to be achieved using the State’s appor3 tionments under the program. 

4 (4) PERFORMANCE MEASURES.—The Secretary 

5 and the State shall mutually establish the perform6 ance measures that the State must meet relating to 

7 the goals identified in paragraph (3) of this sub8 section. Continued participation in the pilot program 

9 is contingent on the State meeting these perform10 ance measures. If a State fails to meet the agreed 

11 upon performance measures in two consecutive 

12 years, the Secretary shall terminate a State’s par13 ticipation in the pilot program. 

14 (5) COMPLIANCE.—If a participating State fails 

15 to comply with any provision of this section, the Sec16 retary shall take such actions as necessary to ensure 

17 compliance. Corrective actions may include termi18 nation of the State’s participation in the pilot pro19 gram. 

20 (e) LIMITATIONS ON AGREEMENTS.—

21 (1) CIVIL RIGHTS.—Nothing in this section 

22 shall be construed as relieving the Secretary from 

23 any of the Secretary’s responsibilities under title VI 

24 of the Civil Rights Act of 1964 (42 U.S.C. 2000d, 

25 et seq.). 
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1 (2) MAJOR PROJECTS.— Nothing in this section 

2 shall be construed as relieving the Secretary from 

3 any of the Secretary’s responsibilities with respect to 

4 major projects under section 106(h) of title 23, 

5 United States Code. 

6 (3) STATEWIDE AND METROPOLITAN PLAN7 NING.—Nothing in this section shall be construed as 

8 relieving the Secretary from any of the Secretary’s 

9 responsibilities under the Statewide and metropoli10 tan planning requirements of sections 134 and 135 

11 of title 23, United States Code. 

12 (4) REGULATORY RESPONSIBILITIES.—Nothing 

13 in this section shall be construed to allow a State to 

14 assume any of the Secretary’s rulemaking authority 

15 under any Federal law. 

16 (f) STATE REPORTING AND ACCOUNTABILITY.—A 

17 State participating in this pilot program shall make the 

18 following reports to the Secretary. A State may combine 

19 reports as appropriate. 

20 (1) STATE CERTIFICATION PRIOR TO OBLIGA21 TION OF FUNDS.—As a prerequisite to the Sec22 retary’s agreement that a State will fulfill or assume 

23 any of the Secretary’s responsibilities, and prior to 

24 the obligation of any money under this pilot program 
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1 in any fiscal year, the participating State shall pro2 vide, and annually renew, a certification that—

3 (A) is in a form acceptable to the Sec4 retary; 

5 (B) is executed by the Governor or the 

6 State’s top-ranking transportation official 

7 charged with the responsibility for highway con8 struction; 

9 (C) specifies that the State will fully carry 

10 out any of the responsibilities it may assume; 

11 (D) specifies that the State consents to as12 sume the status of the Secretary under any re13 sponsibility it may assume; and 

14 (E) expressly consents on behalf of the 

15 State and himself or herself to accept the juris16 diction of the Federal courts for the compli17 ance, discharge, and enforcement of any respon18 sibility of the Secretary it may assume. 

19 (2) END OF FISCAL YEAR STATE CERTIFI20 CATION.—At the end of each fiscal year in which a 

21 State obligates funds under this pilot program, the 

22 State shall certify that it obligated such funds only 

23 for projects that would otherwise be eligible for as24 sistance under title 23. Such certification shall also 

25 specify that the State reserved for obligation the 
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1 amounts specified in section 133(d)(1) of such title 

2 as amended by this Act. 

3 (3) FISCAL ACCOUNTABILITY.—Each State 

4 shall provide an annual accounting for the obliga5 tions in a manner determined by the Secretary in 

6 such a way as to provide a basis for evaluating the 

7 effect of the pilot program expenditures. 

8 (4) ANNUAL STATE ASSESSMENT.—Each State 

9 will provide to the Secretary a narrative report at 

10 the end of each year describing the benefits of the 

11 pilot program to the State and any suggestions for 

12 improving the pilot program. 

13 (g) TERMINATION.—This pilot program shall termi14 nate six years following enactment of this Act. Funding 

15 obligated under the pilot program shall continue to be ad16 ministered under the terms of the pilot program until 

17 those funds have been expended. 

18 SEC. 1802. STEWARDSHIP AND OVERSIGHT. 

19 (a) Section 106 of title 23, United States Code, is 

20 amended— 

21 (1) by striking subsection (e) and inserting the 

22 following: 

23 ‘‘(e) VALUE ENGINEERING ANALYSIS.—

24 ‘‘(1) ANALYSIS.—For all projects on the Na25 tional Highway System with an estimated total cost 
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1 of $25,000,000 or more, and any project the Sec2 retary deems appropriate, the State shall provide a 

3 value engineering analysis or other cost reduction 

4 analysis. For major projects as identified in sub5 section (h) of this section, more than one such anal6 ysis may be required. 

7 ‘‘(2) DEFINITION.—In this subsection, the term 

8 ‘‘value engineering analysis’’ means a systematic 

9 process of review and analysis of a project during its 

10 design phase by a multidisciplined team of persons 

11 not involved in the project in order to provide sug12 gestions for reducing the total cost of the project 

13 and providing a project of equal or better quality. 

14 Such suggestions may include combining or elimi15 nating otherwise inefficient use of expensive parts of 

16 the original proposal design for the project and total 

17 redesign of the proposed project using different tech18 nologies, materials, or methods so as to accomplish 

19 the original purpose of the project.’’; and 

20 (2) by striking subsections (g) and (h) and in21 serting the following: 

22 ‘‘(g) OVERSIGHT PROGRAM.—

23 ‘‘(1) IN GENERAL.—The Secretary shall estab24 lish an oversight program to monitor the effective 

25 and efficient use of funds authorized by this title. At 
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1 a minimum, the program shall be responsive to all 

2 areas related to financial integrity and project deliv3 ery. 

4 ‘‘(2) FINANCIAL INTEGRITY.—

5 ‘‘(A) FINANCIAL MANAGEMENT SYS6 TEMS.—The Secretary shall perform annual re7 views that address elements of the State trans8 portation departments’ financial management 

9 systems that affect projects approved under 

10 subsection (a). Risk assessment procedures 

11 shall be used to identify review areas. 

12 ‘‘(B) PROJECT COSTS.—The Secretary 

13 shall develop minimum standards for estimating 

14 project costs, and shall periodically evaluate the 

15 States’ practices for estimating project costs, 

16 awarding contracts, and reducing project costs. 

17 ‘‘(C) RESPONSIBILITY OF THE STATES.—

18 The States are responsible for determining that 

19 subrecipients of Federal funds have sufficient 

20 accounting controls to properly manage Federal 

21 funds. The Secretary shall periodically review 

22 the States’ monitoring of subrecipients. 

23 ‘‘(3) PROJECT DELIVERY.—The Secretary shall 

24 perform annual reviews that address elements of the 

25 States’ project delivery system, which includes one 
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1 or more activities that are involved in the life cycle 

2 of a project from its conception to its completion. 

3 Risk assessment procedures will be used to identify 

4 review areas. 

5 ‘‘(4) RESPONSIBILITY OF THE STATES.—The 

6 States are responsible for determining that sub7 recipients of Federal funds have adequate project 

8 delivery systems for projects approved under this 

9 section. The Secretary shall periodically review the 

10 States’ monitoring of subrecipients. 

11 ‘‘(5) SPECIFIC OVERSIGHT RESPONSIBIL12 ITIES.—Nothing in this section shall affect or dis13 charge any oversight responsibility of the Secretary 

14 specifically provided for under this title or other 

15 Federal law. In addition, the Secretary shall retain 

16 full oversight responsibilities for the design and con17 struction of all Appalachian development highways 

18 under section 201 of the Appalachian Regional De19 velopment Act of 1965 (40 U.S.C. App.). 

20 ‘‘(h) MAJOR PROJECTS.—

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision in this section, a recipient of Federal fi23 nancial assistance for a project under this title with 

24 an estimated total cost of $1,000,000,000 or more, 

25 or any other project in the discretion of the Sec-
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1 retary, shall submit to the Secretary a project man2 agement plan and an annual financial plan. 

3 ‘‘(2) PROJECT MANAGEMENT PLAN.—The 

4 project management plan shall document the proce5 dures and processes in place to provide timely infor6 mation to the project decision makers to effectively 

7 manage the scope, costs, schedules, and quality, and 

8 the Federal requirements of the project, and the role 

9 of the agency leadership and management team in 

10 the delivery of the project. 

11 ‘‘(3) FINANCIAL PLAN.—The financial plan 

12 shall be based on detailed estimates of the cost to 

13 complete the project. Annual updates shall be sub14 mitted based on reasonable assumptions, as deter15 mined by the Secretary, of future increases in the 

16 cost to complete the project. 

17 ‘‘(i) OTHER PROJECTS.—A recipient of Federal fi18 nancial assistance for a project under this title that re19 ceives $100,000,000 or more in Federal assistance for 

20 such project, and that is not covered by subsection (h) 

21 of this section, shall prepare an annual financial plan. An22 nual financial plans prepared under this subsection shall 

23 be made available to the Secretary for review upon the 

24 Secretary’s request.’’. 

25 (b) Section 114(a) of such title is amended—
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1 (1) in the first sentence by striking ‘‘highways 

2 or portions of highways located on a Federal-aid sys3 tem’’ and inserting ‘‘Federal-aid highway or portion 

4 thereof’’; and 

5 (2) by striking the second sentence and insert6 ing ‘‘The Secretary shall have the right to inspect 

7 and take any corrective action as the Secretary may 

8 deem appropriate.’’. 

9 (c) Section 117 of such title is amended by striking 

10 subsection (d) and redesignating subsections (e), (f), (g), 

11 and (h) as subsections (d), (e), (f), and (g), respectively. 

12 (d) Section 307 of title 49, United States Code, is 

13 amended to read as follows: 

14 ‘‘§ Sec. 307. Contractor suspension and debarment 

15 policy; sharing fraud monetary recov16 eries 

17 ‘‘(a) MANDATORY ENFORCEMENT POLICY.—(1) Not18 withstanding any other provision of law, the Secretary 

19 shall— 

20 ‘‘(A) debar any contractor or subcontractor con21 victed of criminal or civil offenses involving fraud re22 lated to projects receiving Federal highway or tran23 sit funds. The debarment period shall be determined 

24 by the Secretary, as appropriate; and 
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1 ‘‘(B) suspend any contractor or subcontractor 

2 upon their indictment for criminal or civil offenses 

3 involving fraud, subject to the approval of the Attor4 ney General. The Secretary shall have authority to 

5 exclude non-affiliated subsidiaries of the debarred 

6 business entity, subject to the approval of the Attor7 ney General. 

8 ‘‘(2) Upon a finding that mandatory debarment or 

9 suspension of a contractor or subcontractor under sub10 section (1), above, would be contrary to the national secu11 rity interests of the U.S., the Secretary may waive the de12 barment or suspension. 

13 ‘‘(b) SHARING OF MONETARY RECOVERIES.—(1) 

14 Notwithstanding any other provision of law, monetary 

15 judgments accruing to the Federal Government from judg16 ments in Federal criminal prosecutions and civil judg17 ments pertaining to fraud in highway and transit pro18 grams shall be shared with the State or local transit agen19 cy involved. The State or local transit agency shall use 

20 these funds for transportation infrastructure and over21 sight activities related to programs authorized under titles 

22 23 and 49. 

23 ‘‘(2) The amount of recovered funds to be shared 

24 with the affected State or local transit agency shall be de25 termined by the Attorney General in consultation with the 
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1 Secretary. These funds shall be considered Federal funds, 

2 to be used in compliance with other relevant Federal 

3 transportation laws and regulations.

4 ‘‘(3) The requirement for sharing of funds described 

5 in subparagraph (1), above, shall not be in effect in cir6 cumstances wherein the State or local transit agency is 

7 found by the Department of Justice, in consultation with 

8 the Secretary, to have been involved or negligent with re9 spect to the fraudulent activities.’’. 

10 (e) The analysis for chapter 3 of title 49 is amended 

11 by revising the entry for item 307 to read as follows:

‘‘307. Contractor suspension and debarment policy; sharing fraud monetary recoveries.’’.

12 SEC. 1803. EMERGENCY RELIEF. 

13 Section 125(c)(1) of title 23, United States Code, is 

14 amended by striking ‘‘$100,000,000’’ and inserting 

15 ‘‘$200,000,000’’. 

16 SEC. 1804. FEDERAL LANDS HIGHWAYS PROGRAM. 

17 (a) DEFINITIONS.—Section 101(a) of title 23, United 

18 States Code, is amended—

19 (1) in paragraph (7), by striking ‘‘public lands 

20 highway’’ and inserting ‘‘recreation roads, public 

21 Forest Service roads’’; 

22 (2) by striking paragraph (8) and inserting the 

23 following: 
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1 ‘‘(8) NATIONAL FOREST SYSTEM ROADS AND

2 TRAILS.—The term ‘National Forest System roads 

3 and trails’ means forest roads or trails under the ju4 risdiction of the Forest Service.’’; 

5 (3) by striking paragraph (10) and inserting 

6 the following: 

7 ‘‘(10) FOREST ROAD OR TRAIL.—The term ‘for8 est road or trail’ means a road or trail wholly or 

9 partly within, or adjacent to, and serving National 

10 Forest System lands that is necessary for the protec11 tion, administration, use, and development of its re12 sources. There are four types of forest roads: 

13 ‘‘(A) CLASSIFIED FOREST ROAD.—The 

14 term ‘classified forest road’ means a forest road 

15 that the Forest Service determines to be needed 

16 for long-term motor vehicle access, including 

17 State roads, county roads, privately owned 

18 roads, National Forest System roads, and other 

19 roads authorized by the Forest Service. 

20 ‘‘(B) UNCLASSIFIED FOREST ROAD.—The 

21 term ‘unclassified forest road’ means a forest 

22 road not managed by the Forest Service as part 

23 of the forest transportation system. 

24 ‘‘(C) TEMPORARY FOREST ROAD.—The 

25 term ‘temporary forest road’ means a forest 
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1 road that is authorized by the Forest Service 

2 through contract, permit, lease, other written 

3 authorization, or emergency operation not in4 tended to be a part of the forest transportation 

5 system and not necessary for long-term re6 source management. 

7 ‘‘(D) PUBLIC FOREST SERVICE ROAD.—

8 The term ‘Public Forest Service Road’ means a 

9 classified forest road that is open to public trav10 el for which title and maintenance responsibility 

11 is vested in the United States government and 

12 which has been designated a public road by the 

13 Forest Service.’’; 

14 (4) in paragraph (26), as redesignated by this 

15 Act, by striking ‘‘unappropriated or unreserved’’; 

16 and 

17 (5) by striking paragraph (27), as redesignated 

18 by this Act, by redesignating paragraph (28) as 

19 (27), and by inserting the following new paragraph: 

20 ‘‘(28) RECREATION ROADS.—The term ‘recre21 ation roads’ means those public roads that provide 

22 access to museums, lakes, reservoirs, visitors cen23 ters, gateways to major wilderness areas, public uses 

24 areas, recreation and historic sites and for which 

25 title is vested in the United States Government.’’
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1 (b) FEDERAL SHARE PAYABLE.—

2 (1) Section 120(k) of such title is amended by 

3 striking ‘‘Federal-aid highway’’. 

4 (2) Sections 120(k) and 120(l) of such title are 

5 amended by striking ‘‘section 104’’ each time it ap6 pears, and inserting in its place ‘‘this title and chap7 ter 53 of title 49’’. 

8 (c) PAYMENTS TO FEDERAL AGENCIES FOR FED9 ERAL-AID PROJECTS.—Section 132 of such title is amend10 ed by striking the first two sentences and inserting the 

11 following: ‘‘Where a proposed Federal-aid project is to be 

12 undertaken by a Federal agency pursuant to an agreement 

13 between a State and such Federal agency, the State may 

14 (1) direct the Secretary to transfer the funds for the Fed15 eral share of the project directly to the Federal agency, 

16 or (2) make a deposit with or payment to such Federal 

17 agency as may be required in fulfillment of the State’s 

18 obligation under such agreement for the work undertaken 

19 or to be undertaken by such Federal agency; the Sec20 retary, upon execution of a project agreement with such 

21 State for the proposed Federal-aid project, may reimburse 

22 the State out of the appropriate appropriations for the es23 timated Federal share, under the provisions of this title, 

24 of the State’s obligation so deposited or paid by such 

25 State.’’. 
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1 (d) ALLOCATIONS.—Section 202 of such title is 

2 amended—

3 (1) in subsection (a), by inserting ‘‘and grass4 lands’’ after ‘‘national forests’’ in the first sentence; 

5 (2) by striking subsection (b) and inserting the 

6 following: 

7 ‘‘(b) On October 1 of each fiscal year, the Secretary 

8 shall allocate the sums authorized to be appropriated for 

9 such fiscal year for forest highways, after making the 

10 transfer of funds provided for in subsection 204(g) of this 

11 title, for each fiscal year as is provided in section 134 of 

12 the Federal-Aid Highway Act of 1987, and with respect 

13 to these allocations the Secretary shall give equal consider14 ation to projects that provide access to and within the Na15 tional Forest System, as identified by the Secretary of Ag16 riculture through renewable resource and land use plan17 ning and the impact of such planning on existing transpor18 tation facilities.’’; and 

19 (3) in subsection (d)—

20 (A) in paragraph (1), by striking ‘‘1999’’ 

21 in the heading and within paragraph (1) and 

22 inserting ‘‘2005’’; 

23 (B) in paragraph (2), by striking ‘‘2000’’ 

24 in the heading and within paragraphs (2)(A), 

25 (2)(B), and (2)(D) and inserting ‘‘2005’’, and 
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1 by striking ‘‘1999’’ in paragraph (2)(B) and in2 serting ‘‘2004’’ at each place it appears; 

3 (C) in paragraph (3)(A), by inserting ‘‘this 

4 chapter and section 125(e) of’’ after ‘‘under’’, 

5 and by adding ‘‘and the approved Indian res6 ervation road transportation improvement pro7 gram’’ after ‘‘Act’’; and

8 (D) in paragraph (4)(D), by striking the 

9 sentence after ‘‘Approval Requirement.’’ and in10 serting: ‘‘Funds for preliminary engineering for 

11 Indian reservation road bridge projects under 

12 this subsection may be made available by the 

13 Secretary upon request by a tribe or by the Sec14 retary of the Interior. Funds for construction 

15 and construction engineering shall be made 

16 available only after approval of the plans, speci17 fications, and estimates by the Secretary.’’. 

18 (e) PLANNING AND AGENCY COORDINATION.—Sec19 tion 204 of such title is amended—

20 (1) in subsection (a), by inserting ‘‘refuge 

21 roads,’’ after ‘‘parkways,’’; 

22 (2) in subsection (b), by striking ‘‘appropriate 

23 contracts’’ in the second sentence and inserting ‘‘ap24 propriate agreements’’; 

25 (3) in subsection (k)—
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1 (A) by striking ‘‘(2), (5),’’ and inserting 

2 ‘‘(2), (3), (5),’’; 

3 (B) by striking ‘‘and’’ after the semicolon 

4 at the end of paragraph (1)(B); 

5 (C) by striking the period after ‘‘improve6 ments’’ at the end of paragraph (1)(C) and in7 serting a semicolon; and 

8 (D) by adding after paragraph (1)(C) the 

9 following new subparagraphs: 

10 ‘‘(D) maintenance of public roads in Na11 tional Fish hatcheries under Fish and Wildlife 

12 Service jurisdiction; 

13 ‘‘(E) the non-Federal share of the cost of 

14 any project funded under this title or chapter 

15 53 of title 49 that provides access to or within 

16 a wildlife refuge; and 

17 ‘‘(F) maintenance and improvement of rec18 reational trails, but such expenditures on trails 

19 are limited to 5 percent of available funding per 

20 fiscal year.’’. 

21 (f) SAFETY.—

22 (1) ALLOCATIONS.—Section 202 of such title is 

23 amended by adding at the end the following: 

24 ‘‘(f) SAFETY.—On October 1 of each fiscal year, the 

25 Secretary shall allocate the sums authorized to be appro-
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1 priated for such fiscal year for safety as follows: 10 per2 cent to the Bureau of Reclamation, 15 percent to the Bu3 reau of Indian Affairs, 15 percent to the Bureau of Land 

4 Management, 15 percent to the Forest Service, 5 percent 

5 to the Fish and Wildlife Service, 15 percent to Military 

6 Traffic Management Command, 15 percent to the Na7 tional Park Service, and 10 percent to the U.S. Army 

8 Corps of Engineers. The Secretary, from time to time, 

9 may adjust the percentage of safety funds allocated to the 

10 Federal agencies listed above based on the outputs of 

11 agency safety management systems, other safety need 

12 analyses, or studies, and the use of previously allocated 

13 safety funds.’’. 

14 (2) AVAILABILITY OF FUNDS.—Section 203 of 

15 such title is amended in the first sentence by insert16 ing ‘‘safety,’’ after ‘‘refuge roads,’’ at each place it 

17 appears. 

18 (3) USE OF FUNDING.—Section 204 is amended 

19 by adding at the end the following: 

20 ‘‘(l) SAFETY ACTIVITIES.—

21 ‘‘(1) IN GENERAL.—Notwithstanding any other 

22 provision of this title, funds made available for safe23 ty shall be used by the Secretary and the Secretary 

24 of the appropriate Federal land management agency 

25 only to pay the cost of transportation safety im-
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1 provement projects, elimination of high accident lo2 cations, protection or elimination of at-grade rail3 way-highway crossings, collection of safety informa4 tion, transportation planning, bridge inspections, de5 velopment and operation of safety management sys6 tems, highway safety education programs, and other 

7 eligible safety activities authorized in chapter 4 of 

8 this title. 

9 ‘‘(2) CONTRACTS.—In carrying out paragraph 

10 (1), the Secretary and the Secretary of the appro11 priate Federal land management agency, as appro12 priate, may enter into contracts or agreements with 

13 a State, subdivision of a State, or Indian tribe. 

14 ‘‘(3) EXCEPTION.—Funds allocated to the Bu15 reau of Reclamation for the purposes described in 

16 this subsection are exempted from the cost-share re17 quirements of Public Law 89–72, The Federal 

18 Water Recreation Act.’’. 

19 (g) RECREATION ROADS.— 

20 (1) AUTHORIZATIONS.—Section 201 of such 

21 title is amended by striking ‘‘public lands highways’’ 

22 and inserting ‘‘recreation roads’’. 

23 (2) ALLOCATIONS.—Section 202 of such title, 

24 as amended by this section, is further amended by 

25 adding at the end the following: 
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1 ‘‘(g) RECREATION ROADS.—On October 1 of each fis2 cal year, the Secretary, after making the transfer provided 

3 for in subsection 204(i) of this title, shall allocate the 

4 sums authorized to be appropriated for such fiscal year 

5 for recreation roads as follows: 6 percent to the Bureau 

6 of Reclamation, 6 percent to the U.S. Army Corps of En7 gineers, 10 percent to the Bureau of Land Management, 

8 10 percent to the Military Traffic Management Command, 

9 and 68 percent to the Forest Service. Recreation road 

10 funds shall be allocated to projects and activities according 

11 to the relative needs of each area served by these roads 

12 as indicated in the approved transportation improvement 

13 programs for each agency. The Secretary, from time to 

14 time, may adjust the percentage of recreation road funds 

15 allocated to the Federal agencies listed above based on the 

16 outputs of agency management systems, other need anal17 yses, or studies, and the use of previously allocated recre18 ation road funds.’’. 

19 (3) AVAILABILITY OF FUNDS.—Section 203 of 

20 such title is amended by striking ‘‘public lands high21 ways’’ and inserting ‘‘recreation roads’’ at each 

22 place it appears. 

23 (4) USE OF FUNDING.—Section 204 of such 

24 title, as amended by this section, is further amended 

25 by adding at the end the following: 
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1 ‘‘(m) RECREATION ROADS.—

2 ‘‘(1) IN GENERAL.—Notwithstanding any other 

3 provision of this title, funds made available for 

4 recreation roads shall be used by the Secretary and 

5 the Secretary of the appropriate Federal land man6 agement agency only to pay the cost of—

7 ‘‘(A) maintenance or improvements of ex8 isting recreation roads; 

9 ‘‘(B) maintenance and improvements of eli10 gible projects described in paragraphs (1), (2), 

11 (3), (5), and (6) of subsection (h) that are lo12 cated in or adjacent to Federal land areas 

13 under the jurisdiction of the Departments of 

14 Agriculture, Defense, or the Interior; 

15 ‘‘(C) transportation planning and adminis16 trative costs associated with such maintenance 

17 and improvements; and 

18 ‘‘(D) the non-Federal share of the cost of 

19 any project funded under this title or chapter 

20 53 of title 49 that provides access to or within 

21 Federal land areas under the jurisdiction of the 

22 Departments of Agriculture, Defense, or the In23 terior. 

24 ‘‘(2) CONTRACTS.—In carrying out paragraph 

25 (1), the Secretary and the Secretary of the appro-
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1 priate Federal land management agency, as appro2 priate, may enter into contracts or agreements with 

3 a State or civil subdivision of a State or Indian tribe 

4 as is determined advisable. 

5 ‘‘(3) NEW ROADS.—No funds available under 

6 this section shall be used to pay the cost of the de7 sign or construction of new recreation roads. 

8 ‘‘(4) COMPLIANCE WITH OTHER ENVIRON9 MENTAL LAWS.—Maintenance and improvement 

10 projects which are funded under this subsection and 

11 are consistent with or have been identified in a land 

12 use plan for the Federal area do not require any ad13 ditional environmental reviews or assessments under 

14 the National Environmental Policy Act if the Fed15 eral agency that promulgated the land use plan ana16 lyzed the specific proposal under the National Envi17 ronmental Policy Act and there are no significant 

18 changes to the proposal bearing on environmental 

19 concerns and no significant new information. 

20 ‘‘(5) EXCEPTION.—Funds allocated to the Bu21 reau of Reclamation for the purposes described in 

22 this subsection are exempted from the cost-share re23 quirements of Public Law 89–72, The Federal 

24 Water Recreation Act.’’. 

25 (h) CONFORMING AMENDMENTS.—
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1 (1) Sections 120(e) and 125(e) of title 23, 

2 United States Code, are amended by inserting 

3 ‘‘recreation roads,’’ after ‘‘public lands highways,’’ 

4 each place the words appear. 

5 (2) Sections 120(e), 125(e), 201, 202(a), 203, 

6 section 205 in the heading and in subsections (a) 

7 and (d), and the analysis for chapter 2 of such title 

8 are amended by striking ‘‘forest development roads’’ 

9 and inserting ‘‘National Forest System roads’’ each 

10 place the words appear. 

11 (3) Section 204(a)(1) is amended by striking 

12 ‘‘public lands highways’’ and inserting ‘‘recreation 

13 roads, forest highways’’, section 204(b) is amended 

14 by striking ‘‘public lands highways’’ and inserting 

15 ‘‘recreation roads’’, and section 204(i) is amended 

16 by striking ‘‘public lands highways’’ and inserting 

17 ‘‘recreation roads and forest highways’’ each place 

18 the words appear. 

19 (4) Section 217(c) is amended by striking ‘‘pub20 lic lands highways’’ and inserting ‘‘refuge roads’’. 

21 SEC. 1805. APPALACHIAN DEVELOPMENT HIGHWAY SYS22 TEM. 

23 (a) APPORTIONMENT.—The Secretary shall appor24 tion funds made available by section 1101(a)(7) of this 

25 Act for fiscal years 2004 through 2009 among the States 
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1 based on the latest available cost to complete estimate for 

2 the Appalachian development highway system under sec3 tion 201 of the Appalachian Regional Development Act 

4 of 1965 prepared by the Appalachian Regional Commis5 sion. Such funds shall be available to construct highways 

6 and access roads under section 201 of the Appalachian 

7 Regional Development Act of 1965. 

8 (b) APPLICABILITY OF TITLE 23.—Funds authorized 

9 by section 1101(a)(7) of this Act for the Appalachian de10 velopment highway system shall be available for obligation 

11 in the same manner as if such funds were apportioned 

12 under chapter 1 of title 23, United States Code, except 

13 that the Federal share of the cost of any project under 

14 this section shall be determined in accordance with such 

15 section 201 and such funds shall remain available until 

16 expended. 

17 (c) USE OF TOLL CREDITS.—Section 120(j)(1) of 

18 title 23, United States Code is amended by adding ‘‘and 

19 the Appalachian development highway system program 

20 under section 201 of the Appalachian Regional Develop21 ment Act of 1965’’ following ‘‘(other than the emergency 

22 relief program authorized by section 125’’. 

23 SEC. 1806. MULTI-STATE CORRIDOR PLANNING PROGRAM. 

24 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

25 shall establish and implement a program to support and 
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1 encourage multi-state transportation planning, provide for 

2 streamlined transportation project development, and facili3 tate transportation decision-making. 

4 (b) ELIGIBLE RECIPIENTS.—State transportation de5 partments and metropolitan planning organizations are el6 igible to receive and administer funds provided under this 

7 program. 

8 (c) ELIGIBLE ACTIVITIES.—The Secretary shall 

9 make allocations under this program for multi-state high10 way and multi-state multi-modal planning studies. 

11 (d) OTHER PROVISIONS REGARDING ELIGIBILITY.—

12 All studies funded under this program shall be consistent 

13 with the continuing, cooperative, and comprehensive plan14 ning processes required by sections 134 and 135 of title 

15 23, United States Code. 

16 (e) SELECTION CRITERIA.—The Secretary shall se17 lect projects based on—

18 (1) the existence and significance of signed and 

19 binding multi-jurisdictional agreements; 

20 (2) endorsement of the study by elected State 

21 and local representatives; 

22 (3) prospects for early completion of the study; 

23 and 

24 (4) whether the projects to be studied are lo25 cated on corridors identified by section 1105(c) of 
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1 the Intermodal Surface Transportation Efficiency 

2 Act of 1991, as amended (Public Law 102–240; 105 

3 Stat. 2032). 

4 (f) PROGRAM PRIORITIES.—In administering the pro5 gram, the Secretary shall—

6 (1) encourage and enable States and other ju7 risdictions to work together to develop plans for 

8 multi-modal and multi-jurisdictional transportation 

9 decision-making; and 

10 (2) give priority to studies that emphasize 

11 multi-modal planning, including planning for oper12 ational improvements that increase mobility, freight

13 productivity, access to marine ports, safety, and se14 curity while enhancing the environment. 

15 (g) FEDERAL SHARE.—The Federal share payable, 

16 using funds from all Federal sources, for any study carried 

17 out under this section shall not exceed 80 percent of the 

18 total cost of such study, except that the share of funds 

19 from the Highway Trust Fund (other than the Mass Tran20 sit Account) shall not exceed 50 percent of the total cost 

21 of such study. 

22 (h) APPLICABILITY OF TITLE 23 U.S.C.—Funds au23 thorized to be appropriated under section 1101(a)(10) of 

24 this Act to carry out this section shall be available for obli-
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1 gation in the same manner as if such funds were appor2 tioned under chapter 1 of title 23, United States Code. 

3 SEC. 1807. BORDER PLANNING, OPERATIONS, AND TECH4 NOLOGY PROGRAM. 

5 (a) ESTABLISHMENT AND PURPOSE.—The Secretary 

6 shall establish and implement a program to support co7 ordination and improvement in bi-national transportation 

8 planning, operations, efficiency, information exchange, 

9 safety, and security for the United States borders with 

10 Canada and Mexico. 

11 (b) ELIGIBLE RECIPIENTS.—State transportation de12 partments and metropolitan planning organizations at or 

13 near an international land border in the States of Alaska, 

14 Arizona, California, Idaho, Maine, Michigan, Minnesota, 

15 Montana, New Hampshire, New Mexico, New York, North 

16 Dakota, Texas, Vermont and Washington, are eligible to 

17 receive and administer funds allocated under this pro18 gram. 

19 (c) ELIGIBLE ACTIVITIES.—

20 (1) IN GENERAL.—The Secretary shall make al21 locations under the program established in this sec22 tion for activities at or near international land bor23 ders in the States listed in subsection (b). 

24 (2) SPECIFIC ACTIVITIES.—The activities eligi25 ble for funding under this program are— 
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1 (A) highway and multi-modal planning or 

2 environmental studies; 

3 (B) cross-border Port of Entry and safety 

4 inspection improvements, including operational 

5 enhancements and technology applications; 

6 (C) technology and information exchange 

7 activities; and 

8 (D) right-of-way acquisition, design, and 

9 construction, where needed to add the enhance10 ments or applications described in subpara11 graphs (B) and (C), or to decrease air pollution 

12 emissions from vehicles or inspection facilities 

13 at border crossings. 

14 (d) OTHER PROVISIONS REGARDING ELIGIBILITY.—

15 All studies and projects funded under this program shall 

16 be consistent with the continuing, cooperative, and com17 prehensive planning processes required by sections 134 

18 and 135 of title 23, United States Code. All regionally 

19 significant projects that are part of such applications must 

20 be on the transportation plans and program required by 

21 sections 134 and 135 of title 23, United States Code. 

22 (e) SELECTION CRITERIA.—The Secretary shall se23 lect projects based on—

24 (1) expected benefits, including air quality ben25 efits, of the project in relation to its costs; 
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1 (2) prospects for early completion of the study 

2 or project; 

3 (3) endorsement of the project by formally con4 stituted bi-nationalorganizations with both Federal 

5 and State or provincial representation; 

6 (4) the existence and significance of signed and 

7 binding multi-jurisdictional agreements; 

8 (5) contributions of other title 23 funds and 

9 non-title 23 funds above the minimum required; and 

10 (6) the extent to which the project benefits are 

11 multi-modal. 

12 (f) PROGRAM PRIORITIES.—In administering the pro13 gram, the Secretary shall emphasize multi-modal plan14 ning; infrastructure improvements; and operational im15 provements that increase safety, security, freight move16 ment, or highway access to rail, marine, and air services 

17 while enhancing the environment. 

18 (g) FEDERAL SHARE.—The Federal share payable on 

19 account of any project carried out under this section shall 

20 not exceed 80 percent of the total cost of such project. 

21 (h) APPLICABILITY OF TITLE 23 U.S.C.—Funds au22 thorized to be appropriated under section 1101(1)(11) of 

23 this Act to carry out this section shall be available for obli24 gation in the same manner as if such funds were appor25 tioned under chapter 1 of title 23, United States Code. 
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1 (i) ALLOCATION OF FUNDS.—No individual project 

2 whose scope of work is limited to information exchange 

3 shall receive an allocation greater than $500,000 in a sin4 gle year. 

5 (j) PROJECTS IN CANADA OR MEXICO.—Projects in 

6 Canada or Mexico proposed by one or more border States 

7 that directly and predominantly facilitate cross border ve8 hicle and commercial cargo movements at the inter9 national gateways or ports of entry into the border re10 gion(s) of such State(s), may be constructed using funds 

11 allocated under this program provided that, prior to the 

12 obligation of such funds, Canada or Mexico, or the polit13 ical subdivision thereof responsible for the operation of the 

14 facility to be constructed, has provided assurances satis15 factory to the Secretary that any facility constructed 

16 under this subsection will be constructed to standards 

17 equivalent to those in the United States and properly 

18 maintained and used over the useful life of the facility for 

19 the purpose for which the Secretary allocated funds to 

20 such project. 

21 (k) SET-ASIDE.—The Secretary shall set-aside 

22 $47,000,000 of the funds authorized for fiscal year 2004 

23 under section 1101(a)(11) of this Act for construction of 

24 State border safety inspection facilities in the States of 

25 Arizona, California, New Mexico, and Texas. 
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1 (l) TRANSFER OF FUNDS TO THE GENERAL SERV2 ICES ADMINISTRATION.—

3 (1) STATE FUNDS.—At the request of a State, 

4 funds allocated under this section may be trans5 ferred to the General Services Administration for the 

6 purpose of funding a specific project or projects if 

7 the Secretary determines, after consultation with the 

8 State transportation department as appropriate, that 

9 the General Services Administration should carry 

10 out the project or projects and the General Services 

11 Administration agrees to accept the transfer of 

12 funds and to administer those funds. The State shall 

13 provide the 20 percent non-Federal share of the 

14 project cost, as required under subsection (g) of this 

15 section, directly to the General Services Administra16 tion. Funds so transferred or provided shall not be 

17 deemed to be an augmentation of the General Serv18 ices Administration’s appropriations and shall be ad19 ministered under that agency’s procedures, except 

20 the transferred funds shall be available for obligation 

21 in the same manner as if such funds were appor22 tioned under chapter 1 of title 23, United States 

23 Code. Obligation authority shall be transferred to 

24 the General Services Administration in the same 
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1 manner and amount as the allocated funds trans2 ferred for the projects. 

3 (2) DIRECT TRANSFER OF AUTHORIZED

4 FUNDS.—In addition to allocations to States and 

5 metropolitan planning organizations as provided in 

6 subsection (b), the Secretary may transfer funds 

7 made available to carry out this section to the Gen8 eral Services Administration for construction of 

9 transportation infrastructure projects at or near the 

10 border in the States identified in subsection (b), if 

11 the Secretary determines that such transfer is nec12 essary to effectively carry out the purposes of this 

13 program and the General Services Administration 

14 agrees to accept the transfer of funds and to admin15 ister those funds. Funds so transferred shall not be 

16 deemed to be an augmentation of the General Serv17 ices Administration’s appropriations and shall be ad18 ministered under that agency’s procedures, except 

19 the transferred funds shall be available for obligation 

20 in the same manner as if such funds were appor21 tioned under chapter 1 of title 23, United States 

22 Code. Section 120 of title 23, United States Code, 

23 shall not apply to funds so transferred. Obligation 

24 authority shall be transferred to the General Serv-
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1 ices Administration in the same manner and amount 

2 as the funds transferred. 

3 SEC. 1808. TERRITORIAL HIGHWAY PROGRAM AMEND4 MENTS. 

5 (a) DEFINITIONS.—Section 101(a) of title 23, United 

6 States Code, as amended by this Act, is further amend7 ed—

8 (1) by redesignating paragraphs (36) through 

9 (38) as paragraphs (37) through (39) respectively, 

10 and 

11 (2) by adding the following new paragraph after 

12 paragraph (35): 

13 ‘‘(36) TERRITORIAL HIGHWAY SYSTEM.—The 

14 term ‘territorial highway system’ means the system 

15 of arterial highways, collector roads, and necessary 

16 inter-island connectors in the Virgin Islands, Guam, 

17 American Samoa, and the Commonwealth of the 

18 Northern Mariana Islands that have been designated 

19 by the Governor and approved by the Secretary as 

20 provided in section 215 of this title.’’. 

21 (b) FUNDING.—Section 104(b)(1)(A) of title 23, 

22 United States Code, is amended by striking ‘‘to the Virgin 

23 Islands, Guam, American Samoa, and the Commonwealth 

24 of Northern Mariana Islands’’ and inserting ‘‘for the terri-
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1 torial highway program authorized under section 215 of 

2 this title’’. 

3 (c) ELIGIBLE PROJECTS.—Section 103(b)(6)(P) of 

4 title 23, United States Code, is amended to read as fol5 lows: 

6 ‘‘(P) Projects eligible for assistance under 

7 the territorial highway program as provided in 

8 section 215 of this title.’’. 

9 (d) TERRITORIAL HIGHWAY PROGRAM.—Chapter 2 

10 of title 23, United States Code, is amended by striking 

11 section 215 and inserting the following: 

12 ‘‘§ 215. Territorial highway program 

13 ‘‘(a) IN GENERAL.—Recognizing the mutual benefits 

14 that will accrue to the Virgin Islands, Guam, American 

15 Samoa, and the Commonwealth of the Northern Mariana 

16 Islands, and to the United States from the improvement 

17 of highways in such territories of the United States, the 

18 Secretary is authorized to assist each such territorial gov19 ernment in a program for the construction and improve20 ment of a system of arterial and collector highways, and 

21 necessary inter-island connectors designated by the Gov22 ernor of such territory and approved by the Secretary. 

23 Federal financial assistance shall be granted under this 

24 section in accordance with section 120(h) of this title. 
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1 ‘‘(b) TECHNICAL ASSISTANCE.—In order to continue 

2 a long-range highway development program, the Secretary 

3 is authorized to provide technical assistance to the terri4 torial governments to enable them to, on a continuing 

5 basis, engage in highway planning, conduct environmental 

6 evaluations, administer right-of-way acquisition and relo7 cation assistance programs, and design, construct, oper8 ate, and maintain a system of arterial and collector high9 ways, including necessary inter-island connectors. The 

10 technical assistance to be provided and the terms for shar11 ing information among the territories shall be set forth 

12 in the agreement required by subsection (d) of this section. 

13 ‘‘(c) APPLICABILITY OF CHAPTER 1.—The provisions 

14 of chapter 1 of this title (other than provisions related to 

15 the apportionment and allocation of funds) shall apply to 

16 funds authorized to be appropriated for the territorial 

17 highway program, except as determined by the Secretary 

18 to be inconsistent with the needs of the territories and the 

19 intent of the territorial highway program. The specific sec20 tions of chapter 1 that are applicable to each territory and 

21 the extent of their applicability shall be identified in the 

22 agreement provided for in subsection (d) of this section. 

23 ‘‘(d) AGREEMENT.—

24 ‘‘(1) Except as provided in paragraph (3) of 

25 this subsection, no part of the appropriations au-
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1 thorized for the territorial highway program shall be 

2 available for obligation or expenditure with respect 

3 to any territory until the Governor enters into a new 

4 agreement with the Secretary, within 12 months 

5 after the effective date of this Act, providing that 

6 the government of such territory shall—

7 ‘‘(A) implement the territorial highway 

8 program in accordance with the appropriate 

9 provisions of chapter 1 of this title, as provided 

10 for in subsection (c) of this section; 

11 ‘‘(B) design and construct a system of ar12 terial and collector highways, including nec13 essary inter-island connectors, built in accord14 ance with standards appropriate for each terri15 tory and approved by the Secretary; 

16 ‘‘(C) provide for the maintenance of facili17 ties constructed or operated under provisions of 

18 this section in a condition to adequately serve 

19 the needs of present and future traffic; and 

20 ‘‘(D) implement standards for traffic oper21 ations and uniform traffic control devices that 

22 are approved by the Secretary. 

23 ‘‘(2) The new agreement required by paragraph 

24 (1) of this subsection also shall specify the kind of 

25 technical assistance to be provided, include appro-
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1 priate provisions regarding information sharing 

2 among the territories, and delineate the oversight 

3 role and responsibilities of the territories and the 

4 Secretary. The agreement shall be re-evaluated every 

5 two years and modified as appropriate. 

6 ‘‘(3) Agreements in effect on the effective date 

7 of this Act shall continue in force until replaced, as 

8 required by paragraph (1) of this subsection, and

9 appropriations authorized for the program shall be 

10 available for obligation or expenditure while the 

11 agreements are in place. 

12 ‘‘(e) PERMISSIBLE USES OF FUNDS.—

13 ‘‘(1) Funds made available for the territorial 

14 highway program may be used only for—

15 ‘‘(A) eligible surface transportation pro16 gram projects described in section 133(b) of 

17 this title; 

18 ‘‘(B) cost effective preventive maintenance 

19 consistent with the requirements of section 116 

20 of this title; 

21 ‘‘(C) ferry boats, terminal facilities, and 

22 approaches, as provided for in section 129(b) 

23 and (c) of this title; 
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1 ‘‘(D) engineering and economic surveys 

2 and investigations for the planning of future 

3 highway programs and the financing thereof; 

4 ‘‘(E) studies of the economy, safety, and 

5 convenience of highway usage and the desirable 

6 regulation and equitable taxation thereof; and 

7 ‘‘(F) research and development, necessary 

8 in connection with the planning, design, and 

9 maintenance of the highway system, and the 

10 regulation and taxation of their use. 

11 ‘‘(2) None of the appropriations authorized for 

12 the territorial highway program shall be obligated or 

13 expended for routine maintenance. 

14 ‘‘(f) LOCATION OF PROJECTS.—Except as provided 

15 in subsection (b)(1) of section 133 of this title, territorial 

16 highway projects (other than those described in subsection 

17 (b)(3) and (4) of section 133 of this title) may not be 

18 undertaken on roads functionally classified as local.’’. 

19 (h) CONFORMING AMENDMENTS.—The analysis of 

20 chapter 2 of title 23 is amended by revising the item relat21 ing to section 215 to read as follows:

‘‘215. Territorial highway program.’’.

22 SEC. 1809. FUTURE INTERSTATE SYSTEM ROUTES. 

23 (a) WRITTEN AGREEMENT OF STATES.—Section 

24 103(c)(4)(B)(ii) of title 23, United States Code, is amend25 ed by striking ‘‘12’’ and inserting ‘‘25’’. 
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1 (b) REMOVAL OF DESIGNATION.—Section 

2 103(c)(4)(B)(iii)(I) of such title is amended—

3 (1) by striking ‘‘in the agreement between the 

4 Secretary and the State or States’’; and 

5 (2) by adding at the end the following: ‘‘An 

6 agreement entered into under clause (ii) prior to the 

7 enactment of the Safe, Accountable, Flexible, and 

8 Efficient Transportation Equity Act of 2003 shall be 

9 deemed to include the 25 year time limitation, not10 withstanding an earlier construction completion date 

11 in that agreement.’’. 

12 SEC. 1810. DONATIONS AND CREDITS. 

13 Section 323 of title 23, United States Code, is 

14 amended by—

15 (1) inserting ‘‘or a local government from offer16 ing to donate funds, materials or services performed 

17 by local government employees,’’ after ‘‘services’’ in 

18 the first sentence of subsection (c); and 

19 (2) striking subsection (e). 

20 SEC. 1811. DISADVANTAGED BUSINESS ENTERPRISES. 

21 (a) GENERAL RULE.—Except to the extent that the 

22 Secretary determines otherwise, not less than 10 percent 

23 of the amounts made available for any program under ti24 tles I, III, and V of this Act shall be expended with small 
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1 business concerns owned and controlled by socially and 

2 economically disadvantaged individuals. 

3 (b) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) SMALL BUSINESS CONCERN.—The term 

6 ‘‘small business concern’’ has the meaning such term 

7 has under section 3 of the Small Business Act (15 

8 U.S.C. 632); except that such term shall not include 

9 any concern or group of concerns controlled by the 

10 same socially and economically disadvantaged indi11 vidual or individuals which has average annual gross 

12 receipts over the preceding 3 fiscal years in excess 

13 of $17,420,000, as adjusted by the Secretary for in14 flation. 

15 (2) SOCIALLY AND ECONOMICALLY DISADVAN16 TAGED INDIVIDUALS.—The term ‘‘socially and eco17 nomically disadvantaged individuals’’ has the mean18 ing such term has under section 8(d) of the Small 

19 Business Act (15 U.S.C. 637(d)) and relevant sub20 contracting regulations promulgated pursuant there21 to; except that women shall be presumed to be so22 cially and economically disadvantaged individuals for 

23 purposes of this section. 

24 (c) ANNUAL LISTING OF DISADVANTAGED BUSINESS

25 ENTERPRISES.—Each State shall annually survey and 
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1 compile a list of the small business concerns referred to 

2 in subsection (a) and the location of such concerns in the 

3 State and notify the Secretary, in writing, of the percent4 age of such concerns which are controlled by women, by 

5 socially and economically disadvantaged individuals (other 

6 than women), and by individuals who are women and are 

7 otherwise socially and economically disadvantaged individ8 uals. 

9 (d) UNIFORM CERTIFICATION.—The Secretary shall 

10 establish minimum uniform criteria for State governments 

11 to use in certifying whether a concern qualifies for pur12 poses of this subsection. Such minimum uniform criteria 

13 shall include, but not be limited to, on-site visits, personal 

14 interviews, licenses, analysis of stock ownership, listing of 

15 equipment, analysis of bonding capacity, listing of work 

16 completed, resume of principal owners, financial capacity, 

17 and type of work preferred. 

18 (e) COMPLIANCE WITH COURT ORDERS.—Nothing in 

19 this section limits the eligibility of an entity or person to 

20 receive funds made available under titles I, III, and V of 

21 this Act, if the entity or person is prevented, in whole or 

22 in part, from complying with subsection (a) because a 

23 Federal court issues a final order in which the court finds 

24 that the requirement of subsection (a), or the program es25 tablished under subsection (a), is unconstitutional. 
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1 SEC. 1812. HIGHWAY BRIDGE PROGRAM. 

2 (a) PROGRAM NAME.—Section 144 of title 23, United 

3 States Code, is amended in the section heading by striking 

4 ‘‘replacement and rehabilitation’’. 

5 (b) IN GENERAL.—Section 144(a) of such title is 

6 amended to read as follows: 

7 ‘‘(a) Congress hereby finds and declares it to be in 

8 the vital interest of the Nation that a highway bridge pro9 gram be established to enable the several States to im10 prove the condition of their bridges through replacement, 

11 rehabilitation, and systematic preventative maintenance 

12 on highway bridges over waterways, other topographical 

13 barriers, other highways, or railroads when the States and 

14 the Secretary find that a bridge is unsafe because of struc15 tural deficiencies, physical deterioration, or functional ob16 solescence.’’. 

17 (c) SCOUR COUNTERMEASURES.—Section 144(d) of 

18 such title is amended to read as follows: 

19 ‘‘(d) Whenever any State or States make application 

20 to the Secretary for assistance in replacing or rehabili21 tating a highway bridge which the priority system estab22 lished under subsections (b) and (c) of this section shows 

23 to be eligible, the Secretary may approve Federal partici24 pation in replacing such bridge with a comparable facility 

25 or in rehabilitating such bridge. Whenever any State 

26 makes application to the Secretary for assistance in paint-
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1 ing, seismic retrofit, or preventative maintenance of, or in2 stalling scour countermeasures or applying calcium mag3 nesium acetate, sodium acetate/formate, or other environ4 mentally acceptable, minimally corrosive anti-icing and de5 icing compositions to, the structure of a highway bridge, 

6 the Secretary may approve Federal participation in the 

7 painting, seismic retrofit, or preventative maintenance of, 

8 or installation of scour countermeasures or application of 

9 acetate or sodium acetate/formate or such anti-icing or de10 icing composition to, such structure. The Secretary shall 

11 determine the eligibility of highway bridges for replace12 ment or rehabilitation for each State based upon the un13 safe highway bridges in such State, except that a State 

14 may carry out a project for preventative maintenance on 

15 a bridge, seismic retrofit of a bridge, or installing scour 

16 countermeasures to a bridge under this section without re17 gard to whether the bridge is eligible for replacement or 

18 rehabilitation under this section.’’. 

19 (d) APPORTIONMENT FORMULA.—Section 144(e) of 

20 such title is amended—

21 (1) in the third sentence by striking ‘‘square 

22 footage’’ and inserting ‘‘area’’; 

23 (2) in the fourth sentence by striking ‘‘by the 

24 total cost of any highway bridges constructed under 

25 subsection (m) in such State, relating to replacement 
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1 of destroyed bridges and ferryboat services, and,’’ 

2 and by striking ‘‘1997’’ and inserting ‘‘2003’’; and 

3 (3) by striking ‘‘the Federal-aid primary sys4 tem’’ and inserting ‘‘Federal-aid highways’’. 

5 (e) DISCRETIONARY BRIDGE PROGRAM.—Section 

6 144(g) of such title is amended—

7 (1) by striking ‘‘SET ASIDES.’’ in the heading 

8 of (g) and all that follows through paragraph (2)(B); 

9 (2) by striking ‘‘(3)’’ and redesignating para10 graph (3) as subsection (g); and 

11 (3) in subsection (g), as redesignated, by—

12 (A) striking ‘‘nor more than 35 percent’’; 

13 (B) striking ‘‘1987’’ and inserting ‘‘2004’’; 

14 (C) striking ‘‘2003’’ and inserting ‘‘2009’’; 

15 and 

16 (D) striking ‘‘paint’’ and inserting ‘‘per17 form systematic preventative maintenance’’. 

18 (f) INVENTORIES AND REPORTS.—Section 144(i) of 

19 such title is amended— 

20 (1) in paragraph (3), by striking ‘‘and’’; 

21 (2) in paragraph (4), by striking ‘‘section.’’ and 

22 inserting ‘‘section; and’’; and 

23 (3) after paragraph (4), by striking ‘‘Such re24 ports shall be submitted to such committees bienni25 ally at the same time as the report required by sec-
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1 tion 307(f)(1) of this title is submitted to Con2 gress.’’ and inserting the following: 

3 ‘‘(5) submit reports required by this subsection 

4 to such committees biennially at the same time as 

5 the report required by section 502(g) of this title.’’. 

6 (g) OFF-SYSTEM BRIDGE PROGRAM.—Section 

7 144(n) of such title is amended by inserting ‘‘general engi8 neering’’ between ‘‘all’’ and ‘‘standards’’. 

9 (h) HISTORIC BRIDGE PROGRAM.—Section 144(o) of 

10 such title is amended— 

11 (1) in paragraph (3), by striking ‘‘title (includ12 ing this section)’’ and inserting ‘‘section’’ and by in13 serting ‘‘200 percent of’’ after ‘‘shall not exceed’’; 

14 and 

15 (2) in paragraph (4), by inserting ‘‘200 percent 

16 of’’ after ‘‘not to exceed’’, and by striking ‘‘title’’ at 

17 the end of the paragraph and inserting ‘‘section’’. 

18 (i) WATER RESOURCES PROJECTS.—Section 144 of 

19 such title is further amended by adding at the end the 

20 following—

21 ‘‘(r) Notwithstanding any other provision of law, any 

22 bridge funded under this title shall not be considered a 

23 ‘water resources project’ as that term is used in the Wild 

24 and Scenic Rivers Act (16 U.S.C. 1271–1287).’’. 
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1 (j) CONFORMING AMENDMENT.—The analysis for 

2 chapter 1 of title 23 is amended in the item relating to 

3 section 144 by striking ‘‘replacement and rehabilitation’’. 

4 SEC. 1813. DESIGN–BUILD. 

5 Section 112(b)(3) of title 23, United States Code, is 

6 amended by striking subparagraph (C) and inserting the 

7 following in its place: 

8 ‘‘(C) QUALIFIED PROJECTS.—A qualified 

9 project is a project under this chapter for which 

10 the Secretary has approved the use of design11 build contracting under criteria specified in reg12 ulations issued by the Secretary.’’. 

13 SEC. 1814. INTERNATIONAL FERRIES. 

14 Section 129(c)(5) of title 23, United States Code, is 

15 amended—

16 (1) by striking ‘‘and’’ the first place it appears 

17 in the first sentence, and inserting a comma; 

18 (2) by adding ‘‘, and the islands that comprise 

19 a territory of the United States’’ after ‘‘Puerto 

20 Rico’’ in the first sentence; and 

21 (3) by adding ‘‘operations between the islands 

22 which comprise a territory of the United States,’’ 

23 after ‘‘Puerto Rico,’’ in the second sentence. 
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1 SEC. 1815. ASSUMPTION OF RESPONSIBILITY FOR TRANS2 PORTATION ENHANCEMENTS, REC3 REATIONAL TRAILS, AND TRANSPORTATION 

4 AND COMMUNITY AND SYSTEM PRESERVA5 TION PROGRAM PROJECTS. 

6 (a) IN GENERAL.—Chapter 1 of title 23, United 

7 States Code, as amended by this Act, is further amended 

8 by inserting the following new section after section 165: 

9 ‘‘§ 166. Assumption of responsibility for transpor10 tation enhancements, recreational trails, 

11 and transportation, community, and sys12 tem preservation program projects 

13 ‘‘(a) ASSUMPTION OF SECRETARY’S RESPONSIBIL14 ITIES UNDER APPLICABLE FEDERAL LAWS.—

15 ‘‘(1) IN GENERAL.—Upon mutual agreement 

16 the Secretary may assign, and the State may as17 sume, any of the Secretary’s responsibilities (except 

18 responsibilities relating to federally recognized 

19 tribes) for environmental reviews, consultation, deci20 sion-making or other actions under any Federal law 

21 applicable to projects that—

22 ‘‘(A) are funded under section 104(h) or 

23 section 167 of this title; or

24 ‘‘(B) meet the definition of a transpor25 tation enhancement activity as set forth in sec26 tion 101(a)(38) of this title. 
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1 ‘‘(2) LIMITATIONS.—The State shall assume 

2 these responsibilities subject to the same procedural 

3 and substantive requirements as would be required 

4 if such responsibilities were carried out by the Sec5 retary. When a State assumes any responsibility 

6 under a Federal law pursuant to this section, it as7 sents to Federal jurisdiction and shall be solely re8 sponsible and solely liable for complying with and 

9 carrying out that law in lieu of the Secretary. 

10 ‘‘(b) AGREEMENTS.—The Secretary and the State 

11 shall enter into a memorandum of understanding setting 

12 forth the responsibilities to be assigned under this section 

13 and the terms and conditions under which such assign14 ments are to be made. In the memorandum of under15 standing the State shall consent to accept the jurisdiction 

16 of the Federal courts for the compliance, discharge, and 

17 enforcement of any responsibility of the Secretary it may 

18 assume. Such memoranda of understanding shall be estab19 lished for periods of no more than three years. The Sec20 retary shall review and determine compliance with the 

21 memorandum of understanding and the laws assigned by 

22 it to the State on an annual basis for the first three years 

23 of the agreement and, subsequently, on a periodic basis 

24 to be determined by mutual agreement but no longer than 

25 every three years. 
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1 ‘‘(c) TERMINATION.—The Secretary may terminate 

2 any assignment of responsibility under this section upon 

3 a determination that a State is not adequately meeting 

4 the terms and conditions of the memorandum of under5 standing. 

6 ‘‘(d) STATE DEFINED.—For the recreational trails 

7 program, ‘State’ means the State agency designated by 

8 the Governor of the State in accordance with section 

9 206(c)(1) of this title. 

10 ‘‘(e) PRESERVATION OF PUBLIC INTEREST CONSID11 ERATION.—Nothing contained in this section shall be con12 strued to limit the requirements under any applicable law 

13 providing for the consideration and preservation of the 

14 public interest, including public participation and commu15 nity values in transportation decision-making. 

16 ‘‘(f) STATE SUBJECT TO FEDERAL LAWS.—For pur17 poses of assuming the Secretary’s responsibilities under 

18 this section, the State agency signing the agreement in 

19 subsection (c) is deemed to be a Federal agency to the 

20 extent the State is carrying out the Secretary’s respon21 sibilities under the National Environmental Policy Act, 

22 under this title, and under any other Federal law.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 1 of title 23, United States Code, as amended by 
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1 this Act, is further amended by inserting after the item 

2 relating to section 165 the following:

‘‘166. Assumption of responsibility for transportation enhancements, recreational trails, and transportation and community and system 

preservation program projects.’’.

3 SEC. 1816. TRANSPORTATION, COMMUNITY, AND SYSTEM 

4 PRESERVATION PROGRAM. 

5 (a) TRANSPORTATION, COMMUNITY, AND SYSTEM

6 PRESERVATION PROGRAM.—Chapter 1 of title 23, United 

7 States Code, as amended by this Act, is further amended 

8 by inserting the following new section after section 166: 

9 ‘‘§ 167. Transportation, community, and system pres10 ervation program 

11 ‘‘(a) ESTABLISHMENT AND PURPOSE.—The Sec12 retary shall establish a comprehensive program to inves13 tigate and address the relationships between transpor14 tation and community and system preservation and iden15 tify private sector-based initiatives. Through this program, 

16 the Secretary shall facilitate the planning, development, 

17 and implementation of strategies by States, metropolitan 

18 planning organizations, federally-recognized tribes, and 

19 local governments to integrate transportation, community, 

20 and system preservation plans and practices that address 

21 one or more of the following: 

22 ‘‘(1) Improve the efficiency of the transpor23 tation system. 
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1 ‘‘(2) Reduce the impacts of transportation on 

2 the environment. 

3 ‘‘(3) Reduce the need for costly future invest4 ments in public infrastructure. 

5 ‘‘(4) Provide efficient access to jobs, services, 

6 and centers of trade. 

7 ‘‘(5) Examine development patterns and iden8 tify strategies to encourage private sector develop9 ment patterns which achieve the goals identified in 

10 paragraphs (1) through (4). 

11 ‘‘(b) FUNDING.—Funds authorized to be apportioned 

12 under section 104(q) of this title shall be available to carry 

13 out the provisions of this section.’’. 

14 (b) Section 104 of such title is amended by adding 

15 after subsection (p), as added by this Act, the following: 

16 ‘‘(q) TRANSPORTATION, COMMUNITY, AND SYSTEM

17 PRESERVATION PROGRAM.—

18 ‘‘(1) SET-ASIDE.—On October 1 of each fiscal 

19 year for fiscal years 2004 through 2009, the Sec20 retary, after making the deductions authorized by 

21 subsections (a) and (f), shall set aside $26,000,000 

22 of the remaining funds authorized to be apportioned 

23 under subsection (b)(3) for carrying out the Trans24 portation, Community, and System Preservation 

25 Program under section 167 of this chapter. 
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1 ‘‘(2) APPORTIONMENT.—

2 ‘‘(A) From amounts set aside under para3 graph (1), the Secretary shall apportion 

4 $500,000 each fiscal year to each State, includ5 ing the District of Columbia and Puerto Rico, 

6 to carry out the provisions of section 167. 

7 ‘‘(B) A State shall also make funds appor8 tioned under this subsection available to metro9 politan planning organizations, federally-recog10 nized tribes, and local governments in a manner 

11 and amounts to be determined by the State to 

12 carry out the provisions of section 167.’’. 

13 (c) CONFORMING AMENDMENT.—The analysis for 

14 chapter 1 of title 23, United States Code, as amended by 

15 this Act, is further amended by inserting after the item 

16 relating to section 166 the following:

‘‘167. Transportation, community, and system preservation program.’’.

17 SEC. 1817. PROGRAM EFFICIENCES—FINANCE. 

18 Section 115 of title 23, United States Code, is 

19 amended—

20 (1) by striking ‘‘(a)’’ and all that follows 

21 through subsection (a)(1)(B); 

22 (2) by striking subsection (b); 

23 (3) by redesignating subsection (c) as sub24 section (d);
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1 (4) by redesignating subsections (a)(2), 

2 (a)(2)(A), and (a)(2)(B) as subsections (c), (c)(1), 

3 and (c)(2) respectively; and 

4 (5) by inserting after the section heading the 

5 following: 

6 ‘‘(a) The Secretary may authorize a State to proceed 

7 with a project authorized under this title without the aid 

8 of Federal funds in accordance with all procedures and 

9 all requirements applicable to such a project, except inso10 far as such procedures and requirements limit the State 

11 to implementation of projects with the aid of Federal 

12 funds previously apportioned or allocated to it or limit a 

13 State to implementation of a project with obligation au14 thority previously allocated to it. 

15 ‘‘(b) The Secretary, upon the request of the State and 

16 execution of a project agreement, may obligate the Federal 

17 share, or a portion of the Federal share, of the cost of 

18 a project authorized under this section from any category 

19 of funds for which the project is eligible.’’. 

20 Subtitle I—Technical Corrections 

21 to Title 23, U.S.C. 

22 SEC. 1901. REPEAL OR UPDATE OF OBSOLETE TEXT. 

23 (a) LETTING OF CONTRACTS.—Section 112 of title 

24 23, United States Code, is amended—

25 (1) by striking subsection (f); and 
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1 (2) by redesignating subsection (g) as sub2 section (f). 

3 (b) FRINGE AND CORRIDOR PARKING FACILITIES.—

4 Section 137(a) of title 23, United States Code, is amended 

5 in the first sentence by striking ‘‘on the Federal-aid urban 

6 system’’ and inserting ‘‘on a Federal-aid highway’’. 

7 (c) REPEAL OF OBSOLETE SECTIONS OF TITLE

8 23.—

9 (1) PRIORITY PRIMARY ROUTES.—Section 147 

10 of title 23, United States Code, is repealed. 

11 (2) DEVELOPMENT OF A NATIONAL SCENIC

12 AND RECREATIONAL HIGHWAY.—Section 148 of title 

13 23, United States Code, is repealed. 

14 (3) ACCESS HIGHWAYS TO PUBLIC RECREATION

15 AREAS ON CERTAIN LAKES.—Section 155 of title 23, 

16 United States Code, is repealed. 

17 (4) CONFORMING AMENDMENTS.—The analysis 

18 for chapter 1 of title 23, United States Code, is 

19 amended by striking the items relating to sections 

20 147, 148, and 155. 

21 SEC. 1902. CLARIFICATION OF DATE. 

22 Section 109(g) of title 23, United States Code, is 

23 amended in the first sentence by striking ‘‘the day of en24 actment of the Federal-Aid Highway Act of 1970’’ and 

25 inserting ‘‘December 31, 1970,’’. 
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1 SEC. 1903. INCLUSION OF REQUIREMENTS FOR SIGNS IDEN2 TIFYING FUNDING SOURCES IN TITLE 23. 

3 (a) IN GENERAL.—Section 154 of the Federal-Aid 

4 Highway Act of 1987 (23 U.S.C. 101 note; 101 Stat. 209) 

5 is—

6 (1) transferred to title 23, United States Code; 

7 (2) redesignated as section 321; 

8 (3) moved to appear after section 320 of that 

9 title; and 

10 (4) amended by striking the section heading 

11 and inserting the following: 

12 ‘‘§ 321. Signs identifying funding sources’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 3 of title 23, United States Code, is amended by 

15 inserting after the item relating to section 320 the fol16 lowing:

‘‘321. Signs identifying funding sources.’’. 

17 SEC. 1904. INCLUSION OF ‘‘BUY AMERICA’’ REQUIREMENTS 

18 IN TITLE 23. 

19 (a) IN GENERAL.—Section 165 of the Highway Im20 provement Act of 1982 (23 U.S.C. 101 note; 96 Stat. 

21 2136) is—

22 (1) transferred to title 23, United States Code; 

23 (2) redesignated as section 313; 

24 (3) moved to appear after section 312 of that 

25 title; and 
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1 (4) amended by striking the section heading 

2 and inserting the following: 

3 ‘‘§ 313. Buy America’’. 

4 (b) CONFORMING AMENDMENTS.—

5 (1) The analysis for chapter 3 of title 23, 

6 United States Code, is amended by inserting after 

7 the item relating to section 320 the following:

‘‘313. Buy America.’’.

8 (2) Section 313 of title 23, United States Code 

9 (as added by subsection (a)), is amended—

10 (A) in subsection (a), by striking ‘‘any 

11 funds authorized to be appropriated by this Act 

12 or by any Act amended by this Act or, after the 

13 date of enactment of this Act, any funds au14 thorized to be appropriated to carry out this 

15 Act, title 23, United States Code, or the Sur16 face Transportation Assistance Act of 1978’’ 

17 and inserting ‘‘any funds authorized to be ap18 propriated to carry out the Surface Transpor19 tation Assistance Act of 1982 (96 Stat. 2097) 

20 or this title’’; 

21 (B) in subsection (b), by redesignating 

22 paragraph (4) as paragraph (3); 

23 (C) in subsection (d), by striking ‘‘this Act, 

24 the Surface Transportation Assistance Act of 

25 1978, or title 23, United States Code,’’ and in-
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1 serting ‘‘the Surface Transportation Assistance 

2 Act of 1982 (96 Stat. 2097) or this title’’; 

3 (D) by striking subsection (e); and 

4 (E) by redesignating subsections (f) and 

5 (g) as subsections (e) and (f), respectively. 

6 SEC. 1905. TECHNICAL AMENDMENTS TO 23 USC 140 (NON7 DISCRIMINATION). 

8 (a) Section 140(a) of title 23, United States Code, 

9 is amended as follows: 

10 (1) At the beginning of the second sentence, 

11 strike the word ‘‘He’’ and insert in its place the 

12 words ‘‘The Secretary’’. 

13 (2) In the first sentence, strike ‘‘subsection (a) 

14 of section 105’’ and insert in its place ‘‘section 

15 135’’. 

16 (3) In the third sentence, strike the phrase 

17 ‘‘where he considers it necessary’’ and insert in its 

18 place the phrase ‘‘where necessary’’. 

19 (4) The last sentence is amended to read as fol20 lows: ‘‘The Secretary shall periodically obtain from 

21 the Secretary of Labor and the respective State 

22 transportation departments information which will 

23 enable the Secretary to judge compliance with the 

24 requirements of this section and the Secretary of 

25 Labor shall render to the Secretary such assistance 
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1 and information as the Secretary shall deem nec2 essary to carry out the equal employment oppor3 tunity program required hereunder.’’. 

4 (b) Section 140(b) of title 23, United States Code, 

5 is amended as follows: 

6 (1) In the first sentence, strike the words 

7 ‘‘highway construction’’ and insert ‘‘surface trans8 portation.’’

9 (2) In the second sentence, strike the phrase 

10 ‘‘as he may deem necessary’’ and insert in its place 

11 the phrase ‘‘as necessary’’, and strike the phrase 

12 ‘‘not to exceed $2,500,000 for the transition quarter 

13 ending September 30, 1976, and’’. 

14 (3) In the fourth sentence, strike the phrase 

15 ‘‘shall not be not be applicable to contracts’’ and in16 sert in its place the phrase ‘‘shall not be applicable 

17 to contracts’’. 

18 (c) The second sentence of section 140(c) of title 23, 

19 United States Code, is amended by striking the phrase 

20 ‘‘the Secretary shall deduct such sums as he may deem 

21 necessary,’’ and inserting in its place the phrase ‘‘the Sec22 retary shall deduct such sums as necessary,’’. 

23 (d) Section 140(d) of title 23, United States Code, 

24 is amended by striking from its catchline the words ‘‘and 

25 contracting’’. 
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1 SEC. 1906. FEDERAL SHARE PAYABLE FOR PROJECTS FOR 

2 ELIMINATION OF HAZARDS OF RAILWAY3 HIGHWAY CROSSINGS. 

4 Section 120(c) of title 23, United States Code, is 

5 amended by amending the first sentence of subsection (c) 

6 to read as follows: ‘‘The Federal share payable on account 

7 of any project for traffic control signalization; safety rest 

8 areas; pavement marking; commuter carpooling and van9 pooling; rail-highway crossing closure; projects for elimi10 nation of hazards of railway-highway crossings, as identi11 fied in section 2604 of Public Law 106–246 (114 Stat. 

12 511, 559); or installation of traffic signs, traffic lights, 

13 guardrails, impact attenuators, concrete barrier 

14 endtreatments, breakaway utility poles, or priority control 

15 systems for emergency vehicles or transit vehicles at sig16 nalized intersections may amount to 100 percent of the 

17 cost of construction of such projects; except that not more 

18 than 10 percent of all sums apportioned for all the Fed19 eral-aid systems for any fiscal year in accordance with sec20 tion 104 of this title shall be used under this subsection.’’. 

21 TITLE II—HIGHWAY SAFETY 

22 SEC. 2001. HIGHWAY SAFETY PROGRAMS. 

23 (a) PERFORMANCE GRANTS.—Section 402(k) of title 

24 23, United States Code, is amended to read as follows: 

25 ‘‘(k) PERFORMANCE GRANTS.—In addition to other 

26 grants authorized by this section, the Secretary shall make 
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1 grants in accordance with this subsection. Funds author2 ized to carry out this subsection in a fiscal year shall be 

3 subject to a deduction not to exceed 5 percent for the nec4 essary costs of administering this subsection. 

5 ‘‘(1) GENERAL PERFORMANCE GRANTS.—On or 

6 before December 31, 2003, and on or before each 

7 December 31 thereafter through December 31, 

8 2008, the Secretary shall make grants to States 

9 based upon the performance of their highway safety 

10 programs in the following categories: (i) motor vehi11 cle crash fatalities; (ii) alcohol-related crash fatali12 ties; and (iii) motorcycle, bicycle, and pedestrian 

13 crash fatalities. 

14 ‘‘(A) DETERMINATIONS BY THE SEC15 RETARY.—The Secretary, through a rulemaking 

16 proceeding, shall determine—

17 ‘‘(i) measures for calculating and 

18 scoring performance in each category 

19 under this paragraph, using the data for 

20 the most recent calendar year for which 

21 the data are available from— 

22 ‘‘(I) fatality data provided by the 

23 National Highway Traffic Safety Ad24 ministration; and 
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1 ‘‘(II) vehicle miles traveled deter2 mined by the Federal Highway Ad3 ministration. 

4 ‘‘(ii) goals for achievement and annual 

5 progress in each category under this para6 graph that reflect the potential of each 

7 goal to save lives; and 

8 ‘‘(iii) a weighting system for all of the 

9 goals that reflects the relative potential of 

10 each goal to save lives. 

11 ‘‘(B) AMOUNT OF GRANTS.—The Secretary 

12 shall determine the amount of funds available 

13 to a State in a fiscal year for grants under this 

14 paragraph, based on the State’s achievement or 

15 annual progress in each of the categories under 

16 this paragraph, using the measures, goals and 

17 weighting system established under this para18 graph, the amount appropriated to carry out 

19 the grants for such fiscal year, and the ratio 

20 that the funds apportioned to the State under 

21 section 402(c) for such fiscal year bears to the 

22 funds apportioned under section 402(c) for such 

23 fiscal year to all the States that qualify for a 

24 grant for such fiscal year. 

25 ‘‘(2) SAFETY BELT PERFORMANCE GRANTS.—
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1 ‘‘(A) PRIMARY SAFETY BELT USE LAW.—

2 ‘‘(i) For fiscal years 2004 and 2005, 

3 the Secretary shall make a grant to each 

4 State that enacted, and is enforcing, a pri5 mary safety belt use law for all passenger 

6 motor vehicles that became effective by De7 cember 31, 2002. 

8 ‘‘(ii) For each of fiscal years 2004 

9 through 2009, the Secretary shall, after 

10 making grants under paragraph (2)(A)(i) 

11 of this subsection, make a one-time grant 

12 to each State that either enacts for the 

13 first time after December 31, 2002, and 

14 has in effect a primary safety belt use law 

15 for all passenger motor vehicles, or, in the 

16 case of a State that does not have such a 

17 primary safety belt use law, has a State 

18 safety belt use rate in the preceding fiscal 

19 year of at least 90 percent, as measured 

20 under criteria determined by the Secretary. 

21 ‘‘(iii) Of the funds authorized for 

22 grants under this subsection, 

23 $100,000,000 in each of fiscal years 2004 

24 through 2009 shall be available for grants 

25 under this paragraph. The amount of a 
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1 grant available to a State in each of fiscal 

2 years 2004 and 2005 under paragraph 

3 (2)(A)(i) of this subsection shall be equal 

4 to one-half of the amount of funds appor5 tioned to the State under subsection (c) of 

6 this section for fiscal year 2003. The 

7 amount of a grant available to a State in 

8 fiscal year 2004 or in a subsequent fiscal 

9 year under paragraph (2)(A)(ii) of this 

10 subsection shall be equal to five times the 

11 amount apportioned to the State for fiscal 

12 year 2003 under subsection (c). Notwith13 standing subsection (d) of this section, the 

14 Federal share payable for grants under 

15 this paragraph shall be 100 percent. If the 

16 total amount of grants under paragraph 

17 (2)(A)(ii) for a fiscal year exceeds the 

18 amount of funds available in the fiscal 

19 year, grants shall be made to each eligible 

20 State, in the order in which its primary 

21 safety belt use law became effective or its 

22 safety belt use rate reached 90 percent, 

23 until the funds for the fiscal year are ex24 hausted. A State that does not receive a 

25 grant for which it is eligible in a fiscal year 
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1 shall receive the grant in the succeeding 

2 fiscal year so long as its law remains in 

3 effect or its safety belt use rate remains 

4 at or above 90 percent. If the total amount 

5 of grants under this paragraph for a fiscal 

6 year is less than the amount available in 

7 the fiscal year, the Secretary shall use any 

8 funds that exceed the total amount for 

9 grants under paragraph (2)(B) of this sub10 section. 

11 ‘‘(B) SAFETY BELT USE RATE.—

12 ‘‘(i) On or before December 31, 2003, 

13 and on or before each December 31 there14 after through December 31, 2008, the Sec15 retary shall make grants to States based 

16 upon their safety belt use rate in the pre17 ceding fiscal year. 

18 ‘‘(ii) The Secretary, through a rule19 making, shall determine measures for cal20 culating and scoring the performance for 

21 safety belt use rates, using data for the 

22 most recent calendar year for which State 

23 safety belt use rate data are available from 

24 observational safety belt surveys conducted 
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1 in accordance with criteria established by 

2 the Secretary. 

3 ‘‘(iii) Of the funds authorized for 

4 grants under this subsection, $25,000,000 

5 for fiscal year 2004, $27,000,000 for fiscal 

6 year 2005, $29,000,000 for fiscal year 

7 2006, $31,000,000 for fiscal year 2007, 

8 $34,000,000 for fiscal year 2008, and 

9 $36,000,000 for fiscal year 2009 shall be 

10 available for safety belt use rate grants 

11 under this paragraph. The Secretary shall 

12 determine the amount of funds available to 

13 a State in a fiscal year based on the 

14 State’s achievement or annual progress in 

15 its safety belt use rate, the amount appro16 priated to carry out the grants for such 

17 fiscal year, and the ratio that the funds 

18 apportioned to the State under section 

19 402(c) for such fiscal year bears to the 

20 funds apportioned under section 402(c) for 

21 such fiscal year to all the States that qual22 ify for a grant for such fiscal year. Not23 withstanding subsection (d) of this section, 

24 the Federal share payable for grants under 

25 this paragraph shall be 100 percent. 
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1 ‘‘(C) DEFINITION.—In this paragraph, 

2 passenger motor vehicle means a passenger car, 

3 pickup truck, van, minivan, or sport utility ve4 hicle, with a gross vehicle weight rating of less 

5 than 10,000 pounds. 

6 ‘‘(3) USE OF GRANTS.—A State allocated an 

7 amount for a grant under paragraph (1)(A) of this 

8 subsection shall use the amount for activities eligible 

9 for assistance under this section, except that it may 

10 use up to 50 percent of the amount for activities eli11 gible under section 150 of this title and consistent 

12 with the State’s strategic highway safety plan under 

13 section 151 of this title that are not otherwise eligi14 ble for assistance under this section. A State allo15 cated an amount for a grant under paragraph (2)(A) 

16 of this subsection may use the amount for activities 

17 eligible for assistance under this section or for activi18 ties eligible under section 150 of this title and con19 sistent with the State’s strategic highway safety plan 

20 under section 151 of this title that are not otherwise 

21 eligible for assistance under this section. A State al22 located an amount for a grant under paragraph 

23 (2)(B) of this subsection, including any amount 

24 transferred under paragraph (2)(A) of this sub25 section, shall use the amount for safety belt use pro-
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1 grams eligible for assistance under this section, ex2 cept that it may use up to 50 percent of the amount 

3 for activities eligible under section 150 of this title 

4 and consistent with the State’s strategic highway 

5 safety plan under section 151 of this title that are 

6 not otherwise eligible for assistance under this sec7 tion.’’. 

8 (b) IMPAIRED DRIVING GRANTS.—Section 402 of 

9 title 23, United States Code, is amended by adding at the 

10 end the following subsection: 

11 ‘‘(l)(1) IMPAIRED DRIVING GRANTS.—In addition to 

12 other grants authorized by this section and subject to the 

13 provisions of this subsection, the Secretary shall design 

14 and implement a discretionary grant program to develop, 

15 demonstrate, and evaluate comprehensive State programs 

16 to reduce impaired driving in States with a high number 

17 of alcohol-related fatalities and a high rate of alcohol-re18 lated fatalities relative to vehicle miles traveled and popu19 lation. 

20 ‘‘(2) PROCEDURE.—The Secretary shall establish a 

21 procedure for submitting grant applications under this 

22 subsection, and shall select from among the applicants the 

23 States to participate in the program. 
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1 ‘‘(3) USE OF GRANTS.—A grant to a State under this 

2 subsection shall be used only to carry out the State’s pro3 gram under paragraph (1). 

4 ‘‘(4) ADMINISTRATIVE EXPENSES.—Funds author5 ized to be appropriated to carry out this subsection in a 

6 fiscal year shall be subject to a deduction not to exceed 

7 10 percent for the costs of evaluating the programs and 

8 administering the provisions of this subsection. 

9 ‘‘(5) FEDERAL SHARE.—Notwithstanding subsection 

10 (d) of this section, the Federal share payable for a grant 

11 under this subsection shall be—

12 ‘‘(A) 100 percent in the first and second fiscal 

13 years in which the State receives a grant; 

14 ‘‘(B) 75 percent in the third and fourth fiscal 

15 years in which the State receives a grant; and 

16 ‘‘(C) 50 percent in the fifth and sixth fiscal 

17 years in which the State receives a grant.’’. 

18 SEC. 2002. HIGHWAY SAFETY RESEARCH AND DEVELOP19 MENT. 

20 Section 403(a) (Authority of the Secretary) of title 

21 23, United States Code, is amended by adding the fol22 lowing paragraphs at the end: 

23 ‘‘(4) EMERGENCY MEDICAL SERVICES.—In ad24 dition to the authority provided under this sub25 section, the Secretary is authorized to use funds ap-
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1 propriated to carry out this section to enhance co2 ordination among Federal agencies involved with

3 State, local, tribal, and community-based emergency 

4 medical services. In exercising this authority, the 

5 Secretary may coordinate with State and local gov6 ernments, the Bureau of Indian Affairs on behalf of 

7 Indian tribes, private industry, and other interested 

8 parties; collect and exchange emergency medical 

9 services data and information; examine emergency 

10 medical services needs, best practices, and related 

11 technology; and develop emergency medical services 

12 standards and guidelines, and plans for the assess13 ment of emergency medical services systems. 

14 ‘‘(5) INTERNATIONAL COOPERATION.—In addi15 tion to the authority provided under this subsection, 

16 the Secretary is authorized to use funds appro17 priated to carry out this section to participate and 

18 cooperate in international activities to enhance high19 way safety by such means as exchanging safety in20 formation; conducting safety research; and exam21 ining safety needs, best practices, and new tech22 nology. 

23 ‘‘(6) NATIONAL MOTOR VEHICLE CRASH CAUSA24 TION SURVEY.—In addition to the authority pro25 vided under this subsection, the Secretary is author-
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1 ized to use funds appropriated to carry out this sec2 tion to develop and conduct a nationally representa3 tive survey to collect on-scene motor vehicle crash 

4 causation data.’’. 

5 SEC. 2003. EMERGENCY MEDICAL SERVICES. 

6 (a) FEDERAL COORDINATION AND ENHANCED SUP7 PORT OF EMERGENCY MEDICAL SERVICES.—Chapter 4 of 

8 title 23, United States Code, is amended by revising sec9 tion 407 to read as follows: 

10 ‘‘§ 407. Federal coordination and enhanced support of 

11 emergency medical services 

12 ‘‘(a) FEDERAL INTERAGENCY COMMITTEE ON EMER13 GENCY MEDICAL SERVICES.—

14 ‘‘(1) IN GENERAL.—The Secretary of Transpor15 tation and the Secretary of Homeland Security 

16 Through the Under Secretary for Emergency Pre17 paredness and Response, in consultation with the 

18 Secretary of Health and Human Services, shall es19 tablish a Federal Interagency Committee on Emer20 gency Medical Services (referred to as the ‘Inter21 agency Committee on EMS’) that shall—

22 ‘‘(A) assure coordination among the Fed23 eral agencies involved with State, local, tribal or 

24 regional emergency medical services and 9–1–1 

25 systems; 
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1 ‘‘(B) identify State, local, tribal or regional 

2 emergency medical services and 9–1–1 needs; 

3 ‘‘(C) recommend new or expanded pro4 grams, including grant programs, for improving 

5 State, local, tribal or regional emergency med6 ical services and implementing improved EMS 

7 communications technologies, including wireless 

8 E9–1–1; 

9 ‘‘(D) identify ways to streamline the proc10 ess through which Federal agencies support 

11 State, local, tribal or regional emergency med12 ical services; 

13 ‘‘(E) assist State, local, tribal or regional 

14 emergency medical services in setting priorities 

15 based on identified needs; and 

16 ‘‘(F) advise, consult with and make rec17 ommendations on matters relating to the imple18 mentation of the coordinated State emergency 

19 medical services program established under sub20 section (b) of this section. 

21 ‘‘(2) MEMBERSHIP.—The membership of the 

22 Interagency Committee on EMS shall consist of the 

23 following officials, or their designees: 

24 ‘‘(A) Administrator, National Highway 

25 Traffic SafetyAdministration. 
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1 ‘‘(B) Director, Preparedness Division, 

2 Emergency Preparedness and Response Direc3 torate, Department of Homeland Security. 

4 ‘‘(C) Administrator, Health Resources and 

5 Services Administration. 

6 ‘‘(D) Director, Centers for Disease Control 

7 and Prevention. 

8 ‘‘(E) Administrator, United States Fire 

9 Administration, Emergency Preparedness and 

10 Response Directorate, Department of Homeland 

11 Security. 

12 ‘‘(F) Director, Center for Medicare and 

13 Medicaid Services. 

14 ‘‘(G) Undersecretary of Defense for Per15 sonnel and Readiness, Department of Defense. 

16 ‘‘(H) Assistant Secretary for Public Health 

17 Emergency Preparedness, Department of 

18 Health and Human Services. 

19 ‘‘(I) Director, Indian Health Service, De20 partment of Health and Human Services. 

21 ‘‘(J) Chief, Wireless Telecom Bureau, Fed22 eral Communications Commission. 

23 ‘‘(K) A representative of any other Federal 

24 agency identified by the Secretary of Transpor25 tation or the Secretary of Homeland Security 
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1 through the Under Secretary for Emergency 

2 Preparedness and Response, in consultation 

3 with the Secretary of Health and Human Serv4 ices, as having a significant role in the purposes 

5 of the Interagency Committee on EMS. 

6 ‘‘(3) ADMINISTRATION.—The National Highway 

7 Traffic Safety Administration, in cooperation with 

8 the Director, Preparedness Division, Emergency 

9 Preparedness and Response Directorate, Depart10 ment of Homeland Security, shall provide adminis11 trative support to the Interagency Committee on 

12 EMS, including scheduling meetings, setting agen13 das, keeping minutes and records, and producing re14 ports. 

15 ‘‘(4) LEADERSHIP.—The members of the Inter16 agency Committee on EMS shall select a chairperson 

17 of the Committee annually. 

18 ‘‘(5) MEETINGS.— The Interagency Committee 

19 on EMS shall meet as frequently as determined nec20 essary by the chairperson of the Committee. 

21 ‘‘(6) ANNUAL REPORTS.—The Interagency 

22 Committee on EMS shall prepare an annual report 

23 to Congress on the Committee’s activities, actions, 

24 and recommendations. 
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1 ‘‘(b) COORDINATED NATIONWIDE EMERGENCY MED2 ICAL SERVICES PROGRAM.—

3 ‘‘(1) GENERAL AUTHORITY.— The Secretary of 

4 Transportation, through the Administrator of the 

5 National Highway Traffic Safety Administration, is 

6 authorized and directed to cooperate with other Fed7 eral departments and agencies, and may assist State 

8 and local governments and EMS organizations, both 

9 fire-based and otherwise, private industry, and other 

10 interested parties, to ensure the development and 

11 implementation of a coordinated nationwide emer12 gency medical services program designed to 

13 strengthen transportation safety and public health 

14 and to implement improved EMS communication 

15 systems including 9–1–1. For the purposes of this 

16 section, the term ‘State’ means any one of the fifty 

17 States, the District of Columbia, Puerto Rico, the 

18 Virgin Islands, Guam, American Samoa, the Com19 monwealth of the Northern Mariana Islands, and 

20 the Secretary of the Interior on behalf of Indian 

21 tribes. 

22 ‘‘(2) COORDINATED STATE EMERGENCY MED23 ICAL SERVICES PROGRAM.—Each State shall estab24 lish a program, approved by the Secretary, to coordi25 nate the emergency medical services and resources 
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1 deployed throughout the State, so as to ensure im2 proved EMS communication systems including 9–1–

3 1, utilization of established best practices in system 

4 design and operations, implementation of quality as5 surance programs, and incorporation of data collec6 tion and analysis programs that facilitate system de7 velopment and data linkages with other systems and 

8 programs useful to emergency medical services. 

9 ‘‘(3) ADMINISTRATION OF STATE PROGRAMS.—

10 The Secretary may not approve a coordinated State 

11 emergency medical services program under this sub12 section unless the program—

13 ‘‘(A) provides that the Governor of the 

14 State is responsible for its administration 

15 through a State office of emergency medical 

16 services that has adequate powers and is suit17 ably equipped and organized to carry out such 

18 program and coordinates such program with the 

19 highway safety office of the State; and 

20 ‘‘(B) authorizes political subdivisions of the 

21 State to participate in and receive funds under 

22 such program, consistent with goal of achieving 

23 statewide coordination of emergency medical 

24 services and 9–1–1 activities. 
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1 ‘‘(4) USE OF FUNDS; ADMINISTRATIVE EX2 PENSES; APPORTIONMENTS.—Funds authorized to 

3 be appropriated to carry out this subsection shall be 

4 used to aid the States in conducting coordinated 

5 emergency medical services and 9–1–1 programs 

6 that are in accordance with the provisions of para7 graph (2). Such funds shall be subject to a deduc8 tion not to exceed 10 percent for the necessary costs 

9 of administering the provisions of this subsection, 

10 and the remainder shall be apportioned among the 

11 States. Such funds shall be apportioned as follows: 

12 75 percent in the ratio that the population of each 

13 State bears to the total population of all the States, 

14 as shown by the latest available Federal census, and 

15 25 percent in the ratio that the public road mileage 

16 in each State bears to the total public road mileage 

17 in all States. For the purpose of this subsection, a 

18 ‘public road’ means any road under the jurisdiction 

19 of and maintained by a public authority and open to 

20 public travel. Public road mileage as used in this 

21 subsection shall be determined as of the end of the 

22 calendar year prior to the year in which the funds 

23 are apportioned and shall be certified to by the Gov24 ernor of the State and subject to approval by the 

25 Secretary. The annual apportionment to each State 
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1 shall not be less than one-half of 1 percent of the 

2 total apportionment, except that the apportionment 

3 to the Secretary of the Interior on behalf of Indian 

4 tribes shall not be less than three-fourths of 1 per5 cent of the total apportionment, and the apportion6 ments to the Virgin Islands, Guam, American 

7 Samoa, and the Commonwealth of the Northern 

8 Mariana Islands shall not be less than one-quarter 

9 of 1 percent of the total apportionment. 

10 ‘‘(5) CONTRACT AUTHORITY.—The provisions 

11 contained in section 402(d) of this chapter shall 

12 apply to this subsection. 

13 ‘‘(6) FEDERAL SHARE.—The Federal share of 

14 the cost of a project or program funded under this 

15 subsection shall be 80 percent. 

16 ‘‘(7) APPLICATION IN INDIAN COUNTRY.—

17 ‘‘(A) USE OF TERMS.—For the purpose of 

18 application of this subsection in Indian country, 

19 the terms ‘State’ and ‘Governor of the State’ 

20 include the Secretary of the Interior and the 

21 term ‘political subdivisions of the State’ in22 cludes an Indian tribe. 

23 ‘‘(B) INDIAN COUNTRY DEFINED.—In this 

24 subsection, the term ‘Indian country’ means—
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1 ‘‘(i) all land within the limits of any 

2 Indian reservation under the jurisdiction of 

3 the United States, notwithstanding the 

4 issuance of any patent and including 

5 rights-of-way running through the reserva6 tion; 

7 ‘‘(ii) all dependent Indian commu8 nities within the borders of the United 

9 States, whether within the original or sub10 sequently acquired territory thereof and 

11 whether within or without the limits of a 

12 State; and 

13 ‘‘(iii) all Indian allotments, the Indian 

14 titles to which have not been extinguished, 

15 including rights-of-way running through 

16 such allotments.’’. 

17 (b) The item relating to section 407 in the analysis 

18 of chapter 4 of title 23, United States Code, is amended 

19 to read as follows:

‘‘407. Federal coordination and enhanced support of emergency medical services.’’.

20 SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

21 IMPROVEMENTS 

22 (a) Chapter 4 of title 23, United States Code, is 

23 amended by adding the following section: 
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1 ‘‘§ 412. State traffic safety information system im2 provements 

3 ‘‘(a) GENERAL AUTHORITY.—

4 ‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject 

5 to the requirements of this section, the Secretary 

6 shall make grants to States that adopt and imple7 ment effective programs to—

8 ‘‘(A) improve the timeliness, accuracy, 

9 completeness, uniformity, integration and acces10 sibility of the safety data of the State that is 

11 needed to identify priorities for national, State, 

12 and local highway and traffic safety programs; 

13 ‘‘(B) evaluate the effectiveness of efforts to 

14 make such improvements; 

15 ‘‘(C) link these State data systems, includ16 ing traffic records, with other data systems 

17 within the State, such as systems that contain 

18 medical, roadway and economic data; and 

19 ‘‘(D) improve the compatibility and inter20 operability of the data systems of the State 

21 with national data systems and data systems of 

22 other States and enhance the ability of the Sec23 retary to observe and analyze national trends 

24 in crash occurrences, rates, outcomes, and cir25 cumstances. Recipient States may use such 

26 grants only to implement such programs. 
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1 ‘‘(2) MODEL DATA ELEMENTS.—The Secretary, 

2 in consultation with States and other appropriate 

3 parties, shall determine the model data elements 

4 necessary to observe and analyze State and national 

5 trends in crash occurrences, rates, outcomes, and 

6 circumstances. In order to become eligible for a 

7 grant under this section, a State shall certify to the 

8 Secretary the State’s adoption and use of such 

9 model data elements. 

10 ‘‘(3) MAINTENANCE OF EFFORT.—No grant 

11 may be made to a State under this section in any 

12 fiscal year unless the State enters into such agree13 ments with the Secretary as the Secretary may re14 quire ensuring that the State will maintain its ag15 gregate expenditures from all other sources for high16 way safety data programs at or above the average 

17 level of such expenditures in the 2 fiscal years pre18 ceding the date of enactment of this Act. 

19 ‘‘(4) FEDERAL SHARE.—The Federal share of 

20 the cost of adopting and implementing in a fiscal 

21 year a program of a State pursuant to paragraph 

22 (1) shall not exceed 80 percent. 

23 ‘‘(b) FIRST-YEAR GRANTS.—

24 ‘‘(1) ELIGIBILITY.—To be eligible for a first25 year grant under this section in a fiscal year, a 
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1 State must demonstrate to the satisfaction of the 

2 Secretary that the State has—

3 ‘‘(A) established a highway safety data and 

4 traffic records coordinating committee with a 

5 multidisciplinary membership that includes, 

6 among others, managers, collectors, and users 

7 of traffic records and public health and injury 

8 control data systems; and 

9 ‘‘(B) developed a multiyear highway safety 

10 data and traffic records system strategic plan 

11 that addresses existing deficiencies in the 

12 State’s highway safety data and traffic records 

13 system and is approved by the highway safety 

14 data and traffic records coordinating committee 

15 and—

16 ‘‘(i) specifies how existing deficiencies 

17 in the State’s highway safety data and 

18 traffic records system were identified; 

19 ‘‘(ii) prioritizes, based on the identi20 fied highway safety data and traffic 

21 records system deficiencies, the highway 

22 safety data and traffic records system 

23 needs and goals of the State, including the 

24 activities under subsection (a)(1); 
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1 ‘‘(iii) identifies performance-based 

2 measures by which progress toward those 

3 goals will be determined; 

4 ‘‘(iv) specifies how the grant funds 

5 and any other funds of the State will be 

6 used to address needs and goals identified 

7 in the multiyear plan; and 

8 ‘‘(v) includes a current report on the 

9 progress in implementing the multiyear 

10 plan that documents progress toward the 

11 specified goals. 

12 ‘‘(2) GRANT AMOUNTS.—The amount of a first13 year grant to a State for a fiscal year shall equal an 

14 amount determined by multiplying—

15 ‘‘(A) the amount appropriated to carry out 

16 this section for such fiscal year; by—

17 ‘‘(B) the ratio that the funds apportioned 

18 to the State under section 402 of this chapter 

19 for fiscal year 2003 bears to the funds appor20 tioned to all States under section 402 for fiscal 

21 year 2003; except that no State eligible for a 

22 grant under this section shall receive less than 

23 $300,000. 

24 ‘‘(c) SUCCEEDING-YEAR GRANTS.— 
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1 ‘‘(1) ELIGIBILITY.—A State shall be eligible for 

2 a grant under this subsection in a fiscal year suc3 ceeding the first fiscal year in which the State re4 ceives a grant under subsection (b) if the State, to 

5 the satisfaction of the Secretary—

6 ‘‘(A) submits an updated multiyear plan 

7 that meets the requirements of subsection 

8 (b)(1)(B); 

9 ‘‘(B) certifies that its highway safety data 

10 and traffic records coordinating committee con11 tinues to operate and supports the multiyear 

12 plan; 

13 ‘‘(C) specifies how the grant funds and any 

14 other funds of the State will be used to address 

15 needs and goals identified in the multiyear plan; 

16 ‘‘(D) demonstrates measurable progress to17 ward achieving the goals and objectives identi18 fied in the multiyear plan; and 

19 ‘‘(E) includes a current report on the 

20 progress in implementing the multiyear plan. 

21 ‘‘(2) GRANT AMOUNTS.—The amount of a suc22 ceeding year grant made to a State for a fiscal year 

23 under this paragraph shall equal an amount deter24 mined by multiplying—
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1 ‘‘(A) the amount appropriated to carry out 

2 this section for such fiscal year; by 

3 ‘‘(B) the ratio that the funds apportioned 

4 to the State under section 402 for fiscal year 

5 2003 bears to the funds apportioned to all 

6 States under section 402 for fiscal year 2003; 

7 except that no State eligible for a grant under 

8 this paragraph shall receive less than $500,000. 

9 ‘‘(d) ADMINISTRATIVE EXPENSES.—Funds author10 ized to be appropriated to carry out this section in a fiscal 

11 year shall be subject to a deduction not to exceed 5 percent 

12 for the necessary costs of administering the provisions of 

13 this section. 

14 ‘‘(e) APPLICABILITY OF CHAPTER 1.—The provisions 

15 contained in section 402(d) shall apply to this section.’’. 

16 (b) The analysis of chapter 4 of title 23, United 

17 States Code, is amended by inserting the following at the 

18 end:

‘‘412. State traffic safety information system improvements.’’.

19 SEC. 2005. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) IN GENERAL.—The following sums are author21 ized to be appropriated out of the Highway Trust Fund 

22 (other than the Mass Transit Account) for the National 

23 Highway Traffic Safety Administration: 

24 (1) CONSOLIDATED STATE HIGHWAY SAFETY

25 PROGRAMS.—
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1 (A) To carry out the State and Community 

2 Highway Safety Grant Program under section 

3 402 of title 23, United States Code, except for 

4 subsections (k) and (l), $162,000,000 for fiscal 

5 year 2004, $167,000,000 for fiscal year 2005, 

6 $172,000,000 for fiscal year 2006, 

7 $177,000,000 for fiscal year 2007, 

8 $183,000,000 for fiscal year 2008, and 

9 $189,000,000 for fiscal year 2009. 

10 (B) To carry out the performance grant 

11 programs under subsection (k) of section 402 of 

12 title 23, United States Code, $175,000,000 for 

13 fiscal year 2004, $179,000,000 for fiscal year 

14 2005, $183,000,000 for fiscal year 2006, 

15 $189,000,000 for fiscal year 2007, 

16 $195,000,000 for fiscal year 2008, and 

17 $201,000,000 for fiscal year 2009. 

18 (C) To carry out the impaired driving 

19 grants under subsection (l) of section 402 of 

20 title 23, United States Code, $50,000,000 for 

21 each of fiscal years 2004 through 2009. 

22 (2) HIGHWAY SAFETY RESEARCH AND DEVEL23 OPMENT.—To carry out the highway safety research 

24 and development program under section 403 of title 

25 23, United States Code, $88,452,000 for fiscal year 
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1 2004, $90,000,000 for fiscal year 2005, 

2 $92,000,000 for fiscal year 2006, $94,000,000 for 

3 fiscal year 2007, $96,000,000 for fiscal year 2008, 

4 and $99,000,000 for fiscal year 2009. 

5 (3) EMERGENCY MEDICAL SERVICES GRANTS.—

6 To carry out section 407 of title 23, United States 

7 Code, $10,000,000 for each of fiscal years 2004 

8 through 2009. 

9 (4) STATE TRAFFIC SAFETY INFORMATION SYS10 TEM IMPROVEMENTS GRANTS.—To carry out section 

11 412 of title 23, United States Code, $50,000,000 for 

12 each of fiscal years 2004 through 2009. 

13 (5) NATIONAL DRIVER REGISTER.—To carry 

14 out chapter 303 (National Driver Register) of title 

15 49, United States Code, $3,600,000 for fiscal year 

16 2004, and $4,000,000 for each of fiscal years 2005 

17 through 2009. 

18 (b) ALLOCATIONS.—

19 (1) EMERGENCY MEDICAL SERVICES ACTIVI20 TIES.—Out of amounts appropriated pursuant to 

21 subsection (a)(2), the Secretary may use $2,226,000 

22 in each fiscal year to carry out paragraph (4) of sec23 tion 403(a) of title 23, United States Code. 

24 (2) INTERNATIONAL COOPERATION ACTIVI25 TIES.—Out of amounts appropriated pursuant to 
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1 subsection (a)(2), the Secretary may use $200,000 

2 in each fiscal year to carry out paragraph (5) of sec3 tion 403(a) of title 23, United States Code. 

4 (3) NATIONAL MOTOR VEHICLE CRASH CAUSA5 TION SURVEY.—Out of the amounts appropriated 

6 pursuant to subsection (a)(2), the Secretary may use 

7 $10,000,000 in each fiscal year to carry out para8 graph (6) of section 403(a) of title 23, United 

9 States Code. 

10 (c) APPLICABILITY OF TITLE 23.—(1) Amounts 

11 made available under subsection (a)(2) shall be available 

12 for obligation in the same manner as if such funds were 

13 apportioned under chapter 1 of title 23, United States 

14 Code. 

15 (2) Notwithstanding section 402(d) of title 23, 

16 United States Code, the funds authorized by subsection 

17 (a)(1) that are apportioned or allocated in a State shall 

18 remain available for obligation in that State for a period 

19 of two years after the last day of the fiscal year for which 

20 the funds are authorized. Any amounts so apportioned or 

21 allocated that remain unobligated at the end of that period 

22 shall lapse. 

23 SEC. 2006. REPEAL OF OBSOLETE PROVISIONS OF TITLE 23. 

24 (a) REPEAL OF OBSOLETE PROVISIONS.—Sections 

25 406 and 408 of title 23, United States Code, are repealed. 
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1 (b) CONFORMING AMENDMENT.—The items relating 

2 to sections 406 and 408 in the analysis of chapter 4 of 

3 title 23, United States Code, are deleted. 

4 TITLE III—FEDERAL TRANSIT 

5 ADMINISTRATION PROGRAMS 

6 SEC. 3001. SHORT TITLE. 

7 This title may be cited as the ‘‘Federal Public Trans8 portation Act of 2003’’. 

9 SEC. 3002. UPDATED TERMINOLOGY; AMENDMENTS TO 

10 TITLE 49, UNITED STATES CODE. 

11 (a) UPDATED TERMINOLOGY.—Chapter 53 of title 

12 49, United States Code, including the chapter analysis, 

13 is amended by striking ‘‘mass’’ each place it appears be14 fore ‘‘transportation’’ and inserting ‘‘public’’, except in 

15 sections 5301(f), 5302(a)(7), 5315, 5323(a)(1), and 

16 5323(a)(1)(B). 

17 (b) AMENDMENTS TO TITLE 49.—Except as other18 wise specifically provided, whenever in this title an amend19 ment or repeal is expressed in terms of an amendment 

20 to, or repeal of, a section or other provision of law, the 

21 reference shall be considered to be made to a section or 

22 other provision of title 49, United States Code. 

23 SEC. 3003. POLICIES, FINDINGS, AND PURPOSES. 

24 (a) IN GENERAL.—Section 5301(a) is amended to 

25 read as follows: 
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1 ‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB2 LIC TRANSPORTATION SYSTEMS.—It is in the economic 

3 interest of the United States to foster the development and 

4 revitalization of public transportation systems that maxi5 mize the efficient, secure, and safe mobility of individuals, 

6 and minimize environmental impacts and reliance on for7 eign oil.’’. 

8 (b) PRESERVING THE ENVIRONMENT.—Section 

9 5301(e) is amended by—

10 (1) striking ‘‘an urban’’ and inserting ‘‘a’’; and 

11 (2) striking ‘‘under sections 5309 and 5310 of 

12 this title’’. 

13 (c) GENERAL PURPOSES.—Section 5301(f) is amend14 ed—

15 (1) in paragraph (1) by—

16 (A) striking ‘‘mass’’ after ‘‘improved’’ and 

17 inserting ‘‘public’’; and 

18 (B) striking ‘‘public and private mass 

19 transportation companies’’ and inserting ‘‘both 

20 public transportation companies and private 

21 companies engaged in public transportation’’; 

22 (2) in paragraphs (2) and (3) by—

23 (A) striking ‘‘urban mass’’ after 

24 ‘‘areawide’’ and inserting ‘‘public’’, and 
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1 (B) striking ‘‘public and private mass 

2 transportation companies’’ and inserting ‘‘both 

3 public transportation companies and private 

4 companies engaged in public transportation’’; 

5 and 

6 (3) in paragraph (5), by striking ‘‘urban mass’’ 

7 and inserting ‘‘public’’. 

8 SEC. 3004. DEFINITIONS. 

9 (a) IN GENERAL.—Section 5302 is amended to read 

10 as follows:

11 ‘‘§ 5302. Definitions 

12 ‘‘(a) IN GENERAL.—In this chapter, the following 

13 definitions apply: 

14 ‘‘(1) ‘access to jobs project’ means a project re15 lating to the development and maintenance of trans16 portation services designed to transport welfare re17 cipients and low-income individuals to and from jobs 

18 and activities related to their employment, includ19 ing—

20 ‘‘(A) transportation projects to finance 

21 planning, capital and operating costs of pro22 viding access to jobs under this chapter; 

23 ‘‘(B) promoting public transportation by 

24 low-income workers; 
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1 ‘‘(C) promoting the use of transit vouchers 

2 for welfare recipients and low-income individ3 uals; and 

4 ‘‘(D) promoting the use of employer-pro5 vided transportation, including the transit pass 

6 benefit program under section 132 of the Inter7 nal Revenue Code of 1986. 

8 ‘‘(1a) ‘capital project’ means a project for—

9 ‘‘(A) acquiring, constructing, supervising, 

10 or inspecting equipment or a facility for use in 

11 public transportation, expenses incidental to the 

12 acquisition or construction (including designing, 

13 engineering, location surveying, mapping, and 

14 acquiring rights-of-way), payments for the cap15 ital portions of rail trackage rights agreements, 

16 transit-related intelligent transportation sys17 tems, relocation assistance, acquiring replace18 ment housing sites, and acquiring, constructing, 

19 relocating, and rehabilitating replacement hous20 ing; 

21 ‘‘(B) rehabilitating a bus; 

22 ‘‘(C) remanufacturing a bus; 

23 ‘‘(D) overhauling rail rolling stock; 

24 ‘‘(E) preventive maintenance; 
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1 ‘‘(F) leasing equipment or a facility for use 

2 in public transportation, subject to regulations 

3 that the Secretary prescribes limiting the leas4 ing arrangements to those that are more cost5 effective than purchase or construction; 

6 ‘‘(G) a public transportation improvement 

7 that enhances economic development or incor8 porates private investment, including commer9 cial and residential development, pedestrian and 

10 bicycle access to a public transportation facility, 

11 and the renovation and improvement of historic 

12 transportation facilities, because the improve13 ment enhances the effectiveness of a public 

14 transportation project and is related physically 

15 or functionally to that public transportation 

16 project, or establishes new or enhanced coordi17 nation between public transportation and other 

18 transportation, and provides a fair share of rev19 enue for public transportation that will be used 

20 for public transportation—

21 ‘‘(i) including property acquisition, 

22 demolition of existing structures, site prep23 aration, utilities, building foundations, 

24 walkways, open space, safety and security 

25 equipment and facilities (including light-
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1 ing, surveillance and related intelligent 

2 transportation system applications), facili3 ties that incorporate community services 

4 such as daycare or health care, and a cap5 ital project for, and improving, equipment 

6 or a facility for an intermodal transfer fa7 cility or transportation mall, except that a 

8 person making an agreement to occupy 

9 space in a facility under this subparagraph 

10 shall pay a reasonable share of the costs of 

11 the facility through rental payments and 

12 other means; and 

13 ‘‘(ii) excluding construction of a com14 mercial revenue-producing facility or a part 

15 of a public facility not related to public 

16 transportation; 

17 ‘‘(H) the introduction of new technology, 

18 through innovative or improved products, into 

19 public transportation; 

20 ‘‘(I) the provision of nonfixed route para21 transit transportation services in accordance 

22 with section 223 of the Americans with Disabil23 ities Act of 1990, but only for grant recipients 

24 that are in compliance with applicable require25 ments of that Act, including both fixed route 
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1 and demand responsive service, and only for 

2 amounts not to exceed 10 percent of such 

3 recipient‘s annual formula apportionment under 

4 sections 5307 and 5311; 

5 ‘‘(J) crime prevention and security— 

6 ‘‘(i) including—

7 ‘‘(I) projects to refine and de8 velop security and emergency response 

9 plans; 

10 ‘‘(II) projects aimed at detecting 

11 chemical and biological agents in pub12 lic transportation; 

13 ‘‘(III) the conduct of emergency 

14 response drills with public transpor15 tation agencies and local first re16 sponse agencies; or 

17 ‘‘(IV) security training for public 

18 transportation employees; but, 

19 ‘‘(ii) excluding all expenses related to 

20 operations, except for such expenses in21 curred in the provisions of activities under 

22 clauses (III) and (IV) of this subpara23 graph; or 

24 ‘‘(K) establishment of a debt service re25 serve made up of deposits with a bondholders’ 
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1 trustee in a non-interest bearing account for 

2 the purpose of assuring timely payment of prin3 cipal and interest on bonds issued by a grant 

4 recipient for purposes of financing an eligible 

5 project under this chapter. 

6 ‘‘(L) remediation associated with construc7 tion of a capital project as described this para8 graph on a brownfield site as defined in 42 

9 U.S.C. 9601. 

10 ‘‘(2) ‘chief executive officer of a State’ includes 

11 the designee of the chief executive officer. 

12 ‘‘(3) ‘emergency regulation’ means a regula13 tion—

14 ‘‘(A) that is effective temporarily before 

15 the expiration of the otherwise specified periods 

16 of time for public notice and comment under 

17 section 5334(c); and

18 ‘‘(B) prescribed by the Secretary as the re19 sult of a finding that a delay in the effective 

20 date of the regulation— 

21 ‘‘(i) would injure seriously an impor22 tant public interest; 

23 ‘‘(ii) would frustrate substantially leg24 islative policy and intent; or 
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1 ‘‘(iii) would damage seriously a person 

2 or class without serving an important pub3 lic interest. 

4 ‘‘(4) ‘fixed guideway’ means a public transpor5 tation facility—

6 ‘‘(A) using and occupying a separate right7 of-way or rail for the exclusive use of public 

8 transportation and other high occupancy vehi9 cles; or 

10 ‘‘(B) using a fixed catenary system and a 

11 right-of-way usable by other forms of transpor12 tation. 

13 ‘‘(5) ‘individual with a disability’ means an in14 dividual who, because of illness, injury, age, con15 genital malfunction, or other incapacity or tem16 porary or permanent disability (including an indi17 vidual who is a wheelchair user or has semiambu18 latory capability), cannot use effectively, without 

19 special facilities, planning, or design, public trans20 portation service or a public transportation facility. 

21 ‘‘(6) ‘local governmental authority’ includes— 

22 ‘‘(A) a political subdivision of a State; 

23 ‘‘(B) an authority of at least 1 State or po24 litical subdivision of a State; 

25 ‘‘(C) an Indian tribe; and 
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1 ‘‘(D) a public corporation, board, or com2 mission established under the laws of a State. 

3 ‘‘(7) ‘mass transportation’ means public trans4 portation. 

5 ‘‘(7a) ‘mobility management’ means an activity 

6 or project that involves one or more of the following 

7 goals: 

8 ‘‘(A) Addressing public transportation cus9 tomer needs. 

10 ‘‘(B) Tailoring public transportation serv11 ices to specific market niches. 

12 ‘‘(C) Managing public transportation de13 mand. 

14 ‘‘(D) Land use compatibility with public 

15 transportation services. 

16 ‘‘(E) Improving coordination among public 

17 transportation providers and other transpor18 tation service providers. 

19 ‘‘(8) ‘net project cost’ means the part of a 

20 project that reasonably cannot be financed from rev21 enues. 

22 ‘‘(9) ‘new bus model’ means a bus model (in23 cluding a model using alternative fuel)—
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1 ‘‘(A) that has not been used in public 

2 transportation in the United States before the 

3 date of production of the model; or 

4 ‘‘(B) used in public transportation in the 

5 United States, but being produced with a major 

6 change in configuration or components. 

7 ‘‘(10) ‘public transportation’ means transpor8 tation by a conveyance that provides regular and 

9 continuing general or special transportation to the 

10 public, but does not include school bus, charter, or 

11 sightseeing transportation. 

12 ‘‘(10a) ‘recipient’ means an entity that receives 

13 Federal transit program assistance directly from the 

14 Federal government. 

15 ‘‘(11) ‘regulation’ means any part of a state16 ment of general or particular applicability of the 

17 Secretary designed to carry out, interpret, or pre18 scribe law or policy in carrying out this chapter. 

19 ‘‘(11a) ‘reverse commute project’ means a pub20 lic transportation project designed to transport resi21 dents of urban areas, urbanized areas, and areas 

22 other than urbanized areas to suburban employment 

23 opportunities, including any projects to—

24 ‘‘(A) subsidize the costs associated with 

25 adding reverse commute bus, train, carpool, van 
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1 routes, or service from urban areas, urbanized 

2 areas, and areas other than urbanized areas, to 

3 suburban workplaces; 

4 ‘‘(B) subsidize the purchase or lease by a 

5 nonprofit organization or public agency of a van 

6 or bus dedicated to shuttling employees from 

7 their residences to a suburban workplace; or 

8 ‘‘(C) otherwise facilitate the provision of 

9 public transportation services to suburban em10 ployment opportunities. 

11 ‘‘(12) ‘Secretary’ means the Secretary of Trans12 portation. 

13 ‘‘(13) ‘State’ means a State of the United 

14 States, the District of Columbia, Puerto Rico, the 

15 Northern Mariana Islands, Guam, American Samoa, 

16 and the Virgin Islands, except as defined in section 

17 5305 of this title. 

18 ‘‘(13a) ‘subrecipient’ means an entity that re19 ceives Federal transit program assistance indirectly 

20 through a recipient, rather than directly from the 

21 Federal government. 

22 ‘‘(14) ‘transit’ means public transportation. 

23 ‘‘(15) ‘transit enhancement’ means, with re24 spect to any project or an area to be served by a 

25 project, projects that are designed to enhance public 
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1 transportation service or use and that are physically 

2 or functionally related to transit facilities. Eligible 

3 projects are— 

4 ‘‘(A) historic preservation, rehabilitation, 

5 or operation of historic public transportation 

6 buildings, structures, or facilities (including his7 toric bus or railroad facilities); 

8 ‘‘(B) bus shelters; 

9 ‘‘(C) landscaping and other scenic beautifi10 cation, including tables, benches, trash recep11 tacles, and street lights; 

12 ‘‘(D) public art; 

13 ‘‘(E) pedestrian access or walkways; 

14 ‘‘(F) bicycle access, including bicycle stor15 age facilities and installing equipment for trans16 porting bicycles on public transportation vehi17 cles; 

18 ‘‘(G) transit connections to parks within 

19 the recipient’s transit service area; 

20 ‘‘(H) signage; and

21 ‘‘(I) enhanced access for individuals with 

22 disabilities to public transportation. 

23 ‘‘(16) [reserved] 

24 ‘‘(17) ‘urbanized area’ means an area encom25 passing a population of at least 50,000 people that 
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1 has been defined and designated in the latest decen2 nial census as an ‘‘urbanized area’’ by the Secretary 

3 of Commerce. 

4 ‘‘(18) ‘welfare recipient’ means an individual 

5 who receives or received aid or assistance under a 

6 State or tribal program funded under part A of title 

7 IV of the Social Security Act (whether in effect be8 fore or after the effective date of the amendments 

9 made by title I of the Personal Responsibility and 

10 Work Opportunity Reconciliation Act of 1996 (Pub11 lic Law 104–193; 110 Stat. 2110)) at any time dur12 ing the 3-year period before the date on which the 

13 applicant applies for a grant under this section. 

14 ‘‘(b) AUTHORITY TO MODIFY ‘INDIVIDUAL WITH A

15 DISABILITY’.—The Secretary may by regulation modify 

16 the definition of the term ‘individual with a disability’ in 

17 subsection (a)(5) as it applies to section 5307(d)(1)(D).’’. 

18 (b) CONFORMING AMENDMENT.—Section 5321 is re19 pealed. 

20 SEC. 3005. METROPOLITAN PLANNING. 

21 The text of section 5303 is amended to read as fol22 lows: 

23 ‘‘Grants made under sections 5307, 5308, 5309, 

24 5310, 5311, 5316, and 5317 shall be carried out in ac-
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1 cordance with the metropolitan planning provisions of 

2 chapter 52 of this title.’’. 

3 SEC. 3006. STATEWIDE PLANNING. 

4 (a) SECTION HEADING.—Section 5304 is amended by 

5 striking the section heading and inserting the following: 

6 ‘‘§ 5304. Statewide planning’’. 

7 (b) The text of section 5304 is amended to read as 

8 follows: 

9 ‘‘Grants made under sections 5307, 5308, 5309, 

10 5310, 5311, 5316, and 5317 shall be carried out in ac11 cordance with the statewide planning provisions of chapter 

12 52 of this title.’’. 

13 (c) CONFORMING AMENDMENT.—The item relating 

14 to section 5304 in the table of sections for chapter 53 is 

15 amended to read as follows:

‘‘5304. Statewide planning.’’.

16 SEC. 3007. PLANNING PROGRAMS. 

17 (a) IN GENERAL.—Section 5305 is amended to read 

18 as follows: 

19 ‘‘§ 5305. Planning programs 

20 ‘‘(a) DEFINITIONS.—In this section the following 

21 definitions apply: 

22 ‘‘(1) ‘State’ means a State of the United 

23 States, the District of Columbia, and Puerto Rico, 

24 and 
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1 ‘‘(2) ‘planning emphasis area’ means priority 

2 themes identified by the Secretary for consideration 

3 in sections 5303 and 5304 of this title. 

4 ‘‘(b) GENERAL AUTHORITY.—Under criteria the Sec5 retary establishes, the Secretary may make grants to 

6 States, authorities of the States, metropolitan planning or7 ganizations, and local governmental authorities, or may 

8 make agreements with other departments, agencies, and 

9 instrumentalities of the Government, or may enter into 

10 contracts with private non-profit or for-profit entities for 

11 development of, transportation plans and programs and 

12 to plan, engineer, design, and evaluate a public transpor13 tation project and for other technical studies, including—

14 ‘‘(1) studies related to management, planning, 

15 operations, capital requirements, and economic feasi16 bility; 

17 ‘‘(2) evaluating previously financed projects; 

18 ‘‘(3) peer reviews and exchanges of technical 

19 data, information, assistance, and related activities 

20 in support of planning and environmental analyses 

21 among metropolitan planning organizations and 

22 other transportation planners; and, 

23 ‘‘(4) other similar and related activities prelimi24 nary to and in preparation for constructing, acquir-
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1 ing, or improving the operation of facilities and 

2 equipment. 

3 ‘‘(c) PURPOSE.—To the extent practicable, the Sec4 retary shall ensure that amounts appropriated or made 

5 available under section 5338 of this title to carry out this 

6 section and sections 5303 and 5304 of this title are used 

7 to support balanced and comprehensive transportation 

8 planning that considers the relationships among land use 

9 and all transportation modes, without regard to the pro10 grammatic source of the planning amounts. 

11 ‘‘(d) METROPOLITAN PLANNING PROGRAM.—

12 ‘‘(1) The Secretary shall apportion 80 percent 

13 of the amount made available under subsection 

14 (h)(2)(A) of this section to States to carry out sec15 tions 5303 and 5306 of this title in a ratio equal to 

16 the population in urbanized areas in each State di17 vided by the total population in urbanized areas in 

18 all States, as shown by the latest available decennial 

19 census of population. A State may not receive less 

20 than .5 percent of the amount apportioned under 

21 this paragraph. 

22 ‘‘(2) Amounts apportioned to a State under 

23 paragraph (1) of this subsection shall be made avail24 able promptly after allocation to metropolitan plan-
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1 ning organizations in the State designated under 

2 this section under a formula—

3 ‘‘(A) the State develops in cooperation with 

4 the metropolitan planning organizations; 

5 ‘‘(B) the Secretary of Transportation ap6 proves; and 

7 ‘‘(C) that considers population in urban8 ized areas and provides an appropriate distribu9 tion for urbanized areas to carry out the coop10 erative processes described in this section. 

11 ‘‘(3) The Secretary shall apportion 20 percent 

12 of the amount made available under subsection 

13 (h)(2)(A) of this section to States to supplement al14 locations made under paragraph (1) of this sub15 section for metropolitan planning organizations. 

16 Amounts under this paragraph shall be allocated 

17 under a formula that reflects the additional cost of 

18 carrying out planning, programming, and project se19 lection responsibilities under sections 5303 and 5306 

20 of this title in complex metropolitan planning areas. 

21 ‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.—

22 ‘‘(1) The amounts made available pursuant to 

23 subsection (h)(2)(B) of this section shall be appor24 tioned to States for grants and contracts to carry 

25 out sections 5303–5306, 5315, and 5322 of this 
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1 title. The amounts shall be apportioned so that each 

2 State receives an amount equal to the population in 

3 urbanized areas in the State, divided by the popu4 lation in urbanized areas in all States, as shown by 

5 the latest available decennial census. However, a 

6 State must receive at least .5 percent of the amount 

7 apportioned under this subsection.

8 ‘‘(2) A State, as the State considers appro9 priate, may authorize part of the amount made 

10 available under this subsection to be used to supple11 ment amounts available under subsection (d) of this 

12 section. 

13 ‘‘(f) PLANNING CAPACITY BUILDING PROGRAM.—

14 ‘‘(1) The Secretary shall establish a Planning 

15 Capacity Building Program to support and fund in16 novative practices and enhancements in transpor17 tation planning. The purpose of this program shall 

18 be to promote activities that support and strengthen 

19 the planning processes required under this section 

20 and sections 5303 and 5304 of this chapter. 

21 ‘‘(2) Funding available under subsection (h)(1) 

22 of this section to carry out this subsection will sup23 port—
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1 ‘‘(A) incentive grants to state, metropoli2 tan planning organizations, and public trans3 portation operators; and 

4 ‘‘(B) research, information dissemination, 

5 and technical assistance. 

6 ‘‘(3) The Secretary may use the funds for the 

7 purpose described in paragraph (2)(B) independ8 ently or make grants to, or enter into contracts, co9 operative agreements, and other transactions, with a 

10 Federal agency, State agency, local governmental 

11 authority, association, nonprofit or for-profit entity, 

12 or institution of higher education, to carry out the 

13 purposes of this subsection. 

14 ‘‘(4) The program shall be administered by the 

15 Federal Transit Administration in cooperation with 

16 the Federal Highway Administration. 

17 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

18 ‘‘(1) Amounts made available to carry out sub19 sections (d), (e) and (f) of this section may not ex20 ceed 80 percent of the costs of the activity unless 

21 the Secretary of Transportation decides it is in the 

22 interests of the Government not to require a State 

23 or local match. 

24 ‘‘(2) When there are planning emphasis areas 

25 funded under a grant or contract financed under 
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1 this section, the Secretary may establish a Govern2 ment share consistent with the planning emphasis 

3 area benefit. 

4 ‘‘(h) ALLOCATION OF FUNDS.—Of the funds made 

5 available by or appropriated to carry out this section 

6 under section 5338(a)(2)(A) and (B) and 5338(b)(3)(A) 

7 and (B) of this title for fiscal years 2004 through 2009—

8 ‘‘(1) $5,000,000 shall be available for the plan9 ning capacity building program under subsection (f) 

10 of this section; and 

11 ‘‘(2) of the remaining amount—

12 ‘‘(A) 82.72 percent shall be available for 

13 the metropolitan planning program under sub14 section (d) of this section; and 

15 ‘‘(B) 17.28 percent shall be available to 

16 carry out subsections (b) and (e) of this section. 

17 ‘‘(i) AVAILABLITY OF AMOUNTS.—An amount appor18 tioned under this section that remains available for 3 years 

19 after the fiscal year in which the amount is apportioned 

20 shall be reapportioned among the States.’’. 

21 (b) CONFORMING AMENDMENT.—The item relating 

22 to section 5305 in the table of sections for chapter 53 is 

23 amended to read as follows:

‘‘5305. Planning programs.’’.
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1 SEC. 3008. PRIVATE ENTERPRISE PARTICIPATION. 

2 (a) SECTION HEADING.—Section 5306 is amended by 

3 striking the section heading and inserting the following: 

4 ‘‘§ 5306. Private enterprise participation in metro5 politan planning and statewide plan6 ning’’. 

7 (b) CONFORMING AMENDMENT.—The item relating 

8 to section 5306 in the table of sections for chapter 53 is 

9 amended to read as follows:

‘‘5306. Private enterprise participation in metropolitan planning and statewide 

planning.’’.

10 SEC. 3009. URBANIZED AREA PUBLIC TRANSPORTATION 

11 FORMULA GRANTS PROGRAM. 

12 (a) SECTION HEADING.—Section 5307 is amended by 

13 striking the section heading and inserting the following: 

14 ‘‘§ 5307. Urbanized area public transportation for15 mula grants program’’. 

16 (b) TECHNICAL AMENDMENTS.—Section 5307 is 

17 amended by—

18 (1) striking subsections (h), (j) and (k); and 

19 (2) redesignating subsections (i), (l), (m), and 

20 (n) as subsections (h), (i), (j), and (k), respectively. 

21 (c) DEFINITIONS.—Section 5307(a) is amended to 

22 read as follows: 

23 ‘‘(a) DEFINITIONS.—In this section—

24 ‘‘(1) ‘designated recipient’ means—
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1 ‘‘(A) an entity designated, consistent with 

2 the planning process under sections 5303–5306 

3 of this title, by the chief executive officer of a 

4 State, responsible local officials, and publicly 

5 owned operators of public transportation to re6 ceive and apportion amounts under sections 

7 5336 and 5337 of this title that are attrib8 utable to transportation management areas es9 tablished under section 5303 of this title; or 

10 ‘‘(B) a State or regional authority if the 

11 authority is responsible under the laws of a 

12 State for a capital project and for financing 

13 and directly providing public transportation; 

14 and 

15 ‘‘(2) ‘subrecipient’ means a State or local gov16 ernmental authority, a nonprofit organization, or a 

17 private operator of public transportation service that 

18 may receive a Federal transit program grant indi19 rectly through a recipient, rather than directly from 

20 the Federal government.’’. 

21 (d) GENERAL AUTHORITY.—Section 5307(b) is 

22 amended—

23 (1) by striking paragraph (1) and inserting a 

24 new paragraph (1) as follows: 
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1 ‘‘(1) The Secretary of Transportation may 

2 make grants under this section for—

3 ‘‘(A) capital projects; 

4 ‘‘(B) planning and mobility management; 

5 ‘‘(C) transit enhancements; and 

6 ‘‘(D) operating costs of equipment and fa7 cilities for use in public transportation in an ur8 banized area with a population of less than 

9 200,000.’’; 

10 (2) by striking paragraphs (2) and (4); 

11 (3) by redesignating paragraph (3) as para12 graph (2); and 

13 (4) in redesignated paragraph (2), by striking 

14 ‘‘5305(a)’’ and inserting ‘‘5303’’. 

15 (e) GRANT RECIPIENT REQUIREMENTS.—Section 

16 5307(d) is amended—

17 (1) in paragraph (1)(A), by inserting ‘‘, includ18 ing safety and security aspects of the program’’ 

19 after ‘‘capacity’’; 

20 (2) in paragraph (1)(E), by striking everything 

21 that appears after ‘‘section’’ and inserting ‘‘the re22 cipient will comply with section 5323 and 5325 of 

23 this title’’; 

24 (3) in paragraph (1)(H), by striking ‘‘5310(a)–

25 (d)’’; 
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1 (4) by striking paragraph (1)(I); 

2 (5) by redesignating paragraph (1)(J) as para3 graph (1)(I); and 

4 (6) by adding at the end of subsection (f)(1), 

5 as redesignated, the following: 

6 ‘‘(J) with a population of at least 200,000 

7 in its urbanized area will expend one percent of 

8 the amount the recipient receives each fiscal 

9 year under this section for transit enhancement 

10 activities described in section 5302(a)(15) of 

11 this title.’’. 

12 (f) GOVERNMENT’S SHARE OF COSTS.—Section 

13 5307(e), is amended—

14 (1) in the first sentence, by striking ‘‘(including 

15 associated capital maintenance items)’’; and 

16 (2) in the fourth sentence, by striking ‘‘that are 

17 more than the amount of those revenues in the fiscal 

18 year that ended September 30, 1985’’ and inserting 

19 ‘‘and amounts received under a service agreement 

20 with a State or local social service agency or a pri21 vate social service organization’’. 

22 (g) UNDERTAKING PROJECTS IN ADVANCE.—Section 

23 5307(g) is amended by striking paragraph (4). 
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1 (h) REVIEWS, AUDITS, AND EVALUATIONS.—Section 

2 5307(h), as redesignated, is amended in paragraph (1)(A) 

3 by striking ‘‘shall’’ and inserting ‘‘may’’. 

4 (i) RELATIONSHIP TO OTHER LAWS.—Section 

5 5307(k), as redesignated, is amended to read as follows: 

6 ‘‘(k)(1) Sections 5301, 5302, 5303, 5304, 5306, 

7 5315(c), 5318, 5319, 5323, 5325, 5327, 5329, 5330, 

8 5331, 5332, 5333 and 5335 of this title apply to this sec9 tion and to a grant made under this section. Except as 

10 provided in this section, no other provision of this chapter 

11 applies to this section or to a grant made under this sec12 tion. 

13 ‘‘(2) The provision of assistance under this chapter 

14 shall not be construed as bringing within the application 

15 of chapter 15, title 5, U.S.C., any nonsupervisory em16 ployee of a public transportation system (or any other 

17 agency or entity performing related functions) to which 

18 such chapter is otherwise inapplicable.’’. 

19 (j) CONFORMING AMENDMENTS.—

20 (1) The item relating to section 5307 in the 

21 table of sections for chapter 53 is amended to read 

22 as follows:

‘‘5307. Urbanized area public transportation formula grants program.’’.

23 (2) Section 3037 of the Transportation Equity 

24 Act for the 21st Century, Public Law 105–178, as 

25 amended, is repealed. 
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1 SEC. 3010. FORMULA GRANTS FOR OTHER THAN URBAN2 IZED AREAS. 

3 (a) DEFINITIONS.—Section 5311(a) is amended to 

4 read as follows: 

5 ‘‘(a) DEFINITIONS.—In this section— 

6 ‘‘(1) ‘recipient’ means a State that receives a 

7 Federal transit program grant directly from the 

8 Federal government; and 

9 ‘‘(2) ‘subrecipient’ means a State or local gov10 ernmental authority, a nonprofit organization, or a 

11 private operator of public transportation service that 

12 may receive a Federal transit program grant indi13 rectly through a recipient, rather than directly from 

14 the Federal government.’’. 

15 (b) GENERAL AUTHORITY.—Section 5311(b) is 

16 amended—

17 (1) by revising paragraph (1) to read as follows: 

18 ‘‘(1) Except as provided in paragraph (2) of 

19 this subsection, the Secretary may make grants to 

20 areas other than urbanized areas under this section 

21 for the following: 

22 ‘‘(A) public transportation capital projects; 

23 ‘‘(B) operating costs of equipment and fa24 cilities for use in public transportation; and 

25 ‘‘(C) the acquisition of public transpor26 tation services.’’; 
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1 (2) by redesignating paragraph (2) as para2 graph (3) and inserting a new paragraph (2), as fol3 lows: 

4 ‘‘(2) A project eligible for a grant under this 

5 section shall be included in a State program for pub6 lic transportation service projects, including agree7 ments with private providers of public transportation 

8 service. The program shall be submitted annually to 

9 the Secretary. The Secretary may approve the pro10 gram only if the Secretary finds that the program 

11 provides a fair distribution of amounts in the State, 

12 including Indian reservations, and the maximum fea13 sible coordination of public transportation service as14 sisted under this section with transportation service 

15 assisted by other federal sources.’’; 

16 (3) in paragraph (3), as redesignated, by insert17 ing ‘‘use not more than 2 percent of the amount 

18 made available to carry out this section to’’ before 

19 ‘‘make’’; and 

20 (4) by adding after paragraph (3) the following: 

21 ‘‘(4) Of the amount available to carry out para22 graph (3), not more than 15 percent may be used 

23 to carry out projects of a national scope, with the re24 maining balance provided to the States.’’. 
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1 (c) APPORTIONING AMOUNTS.—Subsection (c) is 

2 amended to read as follows: 

3 ‘‘(c) APPORTIONMENTS.—

4 ‘‘(1) The amounts made available under section 

5 5338(a)(2)(K) shall be apportioned as follows: 

6 ‘‘(A) For each eligible State in accordance 

7 with paragraph (2) of this subsection: 

8 ‘‘(i) $2,500,000 in fiscal year 2004. 

9 ‘‘(ii) Three percent in fiscal year 

10 2005. 

11 ‘‘(iii) Five percent in fiscal year 2006. 

12 ‘‘(iv) Seven percent in fiscal year 

13 2007. 

14 ‘‘(v) Nine percent in fiscal year 2008. 

15 ‘‘(vi) Ten percent in every fiscal year 

16 thereafter. 

17 ‘‘(B) Remaining amounts shall be appor18 tioned to each State in accordance with para19 graph (3) of this subsection. 

20 ‘‘(2)(A) Of the amounts to be apportioned 

21 under paragraph (1)(A) of this subsection, the Sec22 retary may use the following amounts to make 

23 grants to establish data collection systems capable of 

24 collecting the data in subparagraph (C) of this para25 graph: 
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1 ‘‘(i) 100 percent in fiscal year 2004. 

2 ‘‘(ii) $1,500,000 in fiscal year 2005. 

3 ‘‘(iii) $500,000 in fiscal year 2006. 

4 ‘‘(B) Amounts under subparagraph (A) of this 

5 paragraph not obligated within three years following 

6 the end of the fiscal year in which those amounts

7 became available shall be available for apportion8 ment under subparagraph (C) of this paragraph. 

9 ‘‘(C) The remaining amounts to be apportioned 

10 under paragraph (1)(A) of this subsection shall be 

11 apportioned by a formula determined by the Sec12 retary that distributes funds based on increases in 

13 public transportation patronage in other-than-urban14 ized areas. 

15 ‘‘(D) In apportioning funds under subpara16 graph (C) of this paragraph, the Secretary may con17 sider the efficiency of service provision in the non18 urbanized areas in the State. 

19 ‘‘(3) Each State shall receive an amount equal 

20 to the remaining amount apportioned multiplied by 

21 a ratio equal to the population of areas other than 

22 urbanized areas in a State divided by the population 

23 of all areas other than urbanized areas in the United 

24 States, as shown by the most recent Federal govern25 ment decennial census of population.’’. 
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1 (d) USE FOR ADMINISTRATIVE, PLANNING, AND

2 TECHNICAL ASSISTANCE.—Section 5311(e) is amended by 

3 striking—

4 (1) ‘‘Use for administration and technical as5 sistance. (1)’’ and inserting ‘‘Use for administration, 

6 planning, and technical assistance.’’; 

7 (2) ‘‘to a recipient’’ after ‘‘technical assist8 ance’’; and 

9 (3) paragraph (2). 

10 (e) INTERCITY BUS TRANSPORTATION.—Section 

11 5311(f) is amended—

12 (1) in paragraph (1), by striking ‘‘after Sep13 tember 30, 1993,’’; and 

14 (2) by inserting at the beginning of paragraph 

15 (2) ‘‘After consultation with affected intercity bus 

16 service providers,’’. 

17 (f) GOVERNMENT’S SHARE OF COSTS.—Section 

18 5311(g) is amended to read as follows: 

19 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

20 ‘‘(1) A grant for a capital project under this 

21 section may not exceed 80 percent of the net capital 

22 costs of the project, as determined by the Secretary. 

23 A grant made under this section for operating as24 sistance may not exceed 50 percent of the net oper-
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1 ating costs of the project, as determined by the Sec2 retary. The remainder—

3 ‘‘(A) may be provided from an undistrib4 uted cash surplus, a replacement or deprecia5 tion cash fund or reserve, a service agreement 

6 with a State or local social service agency or a 

7 private social service organization, or new cap8 ital; and 

9 ‘‘(B) may be derived from amounts appro10 priated to or made available to a department or 

11 agency of the Federal government (other than 

12 the Department of Transportation, except for 

13 Federal Land Highway funds) that are eligible 

14 to be expended for transportation. 

15 ‘‘(2) A state carrying out a program of oper16 ating assistance under this section may not limit the 

17 level or extent of use of the Government grant for 

18 the payment of operating expenses. 

19 ‘‘(3) For purposes of paragraph (2)(B) of this 

20 section, the prohibitions on the use of funds for 

21 matching requirements under section 

22 403(a)(5)(c)(vii) of the Social Security Act shall not 

23 apply to federal or state funds to be used for trans24 portation purposes.’’. 
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1 (g) INDIAN RESERVATION RURAL TRANSIT PRO2 GRAM.—Section 5311(h) is amended to read as follows: 

3 ‘‘(h) INDIAN RESERVATION RURAL TRANSIT PRO4 GRAM.—

5 ‘‘(1) In this subsection, the term ‘Indian tribe’ 

6 has the meaning given the term in section 4 of the 

7 Indian Self-Determination and Education Assistance 

8 Act (25 U.S.C. 450b). 

9 ‘‘(2)(A) The Secretary shall establish and carry 

10 out through the States a program to provide grants 

11 to Indian tribes to operate, maintain, and establish 

12 rural transit programs on reservations or other land 

13 under the jurisdiction of the Indian tribes. 

14 ‘‘(B) The state may waive or reduce the 

15 amount of local share required for these grants. 

16 ‘‘(3) Notwithstanding any other provision of 

17 law, for each fiscal year, of the amount made avail18 able to carry out this section under section 

19 5338(a)(2)(K) for the fiscal year, the Secretary shall 

20 make available $10,000,000 to carry out this sub21 section. 

22 ‘‘(4) Of the funds made available pursuant to 

23 paragraph (3) of this subsection—

24 ‘‘(A) $9,500,000 shall be apportioned to 

25 the states based on a ratio equal to the tribal 
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1 population in each state divided by the total 

2 tribal population in all states, as shown by the 

3 latest decennial census of population for alloca4 tion to existing Indian tribal rural transit pro5 grams and to plan and establish new Indian 

6 tribe rural transit programs; 

7 ‘‘(B) prior to distribution by states of in8 state amounts to Indian tribes, each State may 

9 use up to 5 percent for state administration; 

10 ‘‘(C) amounts apportioned to a state under 

11 paragraph (A) of this subsection shall be dis12 tributed to Indian tribes in the state based on 

13 an allocation plan—

14 ‘‘(i) the state develops in cooperation 

15 with Indian tribes; 

16 ‘‘(ii) the Secretary approves; and 

17 ‘‘(iii) that provides an appropriate dis18 tribution for funding the needs of existing 

19 and new Indian Reservation Rural Transit 

20 Systems; and 

21 ‘‘(D) $500,000 shall be available to the 

22 Secretary to provide technical assistance, in23 cluding best practices and outreach, to the 

24 states and tribes through grants, contracts, or 

25 other arrangements and shall be in addition to 
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1 and not in lieu of other funds available for 

2 these purposes. 

3 ‘‘(5) An amount apportioned to the states 

4 under this subsection—

5 ‘‘(A) remains available for 3 years after 

6 the fiscal year in which the amount was appor7 tioned; and 

8 ‘‘(B) shall be reapportioned among the 

9 states if unobligated at the end of the 3-year 

10 period.’’. 

11 (h) RELATIONSHIP TO OTHER LAWS.—Section 

12 5311(j) is amended to read as follows: 

13 ‘‘(j) RELATIONSHIP TO OTHER LAWS.—

14 ‘‘(1) Except as provided in subparagraphs (2) 

15 and (3) of this subsection, a grant under this section 

16 is subject to the requirements of 5307 to the extent 

17 the Secretary considers appropriate. 

18 ‘‘(2) Sections 5323(a)(1)(D) and 5333(b) of 

19 this title shall apply, provided that the Secretary of 

20 Labor shall utilize a Special Warranty that provides 

21 a fair and equitable arrangement to protect the in22 terest of employees. 

23 ‘‘(3) The Secretary may waive the applicability 

24 of the Special Warranty under paragraph (2) for 
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1 private non-profit subrecipients on a case-by-case 

2 basis as the Secretary deems appropriate.

3 ‘‘(4) This subsection does not affect or dis4 charge a responsibility of the Secretary under a law 

5 of the United States.’’. 

6 SEC. 3011. NEW FREEDOM PROGRAM. 

7 (a) Chapter 53 of title 49, United States Code, 

8 is amended by inserting after section 5316 the fol9 lowing: 

10 ‘‘§ 5317. New Freedom program 

11 ‘‘(a) DEFINITIONS.—In this section—

12 ‘‘(1) ‘recipient’ means a State that receives a 

13 grant under this section directly; and 

14 ‘‘(2) ‘subrecipient’ means a State or local gov15 ernmental authority, a nonprofit organization, or a 

16 private operator of public transportation service that 

17 may receive a grant under this section indirectly 

18 through a recipient, rather than directly from the 

19 Federal government. 

20 ‘‘(b) GENERAL AUTHORITY.—

21 ‘‘(1) The Secretary of Transportation may pro22 vide grants to recipients for new transportation serv23 ices and transportation alternatives beyond those re24 quired by the Americans with Disabilities Act of 

25 1990 (42 U.S.C. 12101 et seq.), including motor ve-
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1 hicle programs that assist persons with disabilities 

2 with transportation to and from jobs and employ3 ment support services. 

4 ‘‘(2) A recipient may use not more than 15 per5 cent of the amounts apportioned under this section 

6 to administer, plan, and provide technical assistance 

7 for a project funded under this section. 

8 ‘‘(c) APPORTIONMENTS.—

9 ‘‘(1) The Secretary shall apportion amounts 

10 made available under section 5338(a)(2)(H) of this 

11 title under a formula the Secretary administers. 

12 ‘‘(2) The recipient may transfer any funds ap13 portioned to it under this subsection to sections 

14 5311(c) or 5336. Any funds transferred pursuant to 

15 this subsection shall be made available only for eligi16 ble projects selected under this section. 

17 ‘‘(d) GRANT REQUIREMENTS.—

18 ‘‘(1) Except as provided in paragraphs (2) and 

19 (3) of this subsection, a grant under this section is 

20 subject to the requirements of 5307 to the extent 

21 the Secretary considers appropriate. 

22 ‘‘(2) Section 5333(b) of this title shall apply, 

23 provided that the Secretary of Labor shall utilize a 

24 Special Warranty that provides a fair and equitable 

25 arrangement to protect the interest of employees. 
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1 ‘‘(3) The Secretary may waive the applicability 

2 of the Special Warranty under paragraph (2) for 

3 private non-profit subrecipients on a case-by-case 

4 basis as the Secretary deems appropriate. 

5 ‘‘(4) A recipient of a grant under this section 

6 shall certify that allocations of the grant to sub7 recipients are distributed on a fair and equitable 

8 basis. 

9 ‘‘(e) COMPETITIVE PROCESS.—

10 ‘‘(1) The recipient shall conduct a statewide so11 licitation for applications for grants under this sec12 tion. 

13 ‘‘(2) Subrecipients seeking to receive a grant 

14 under this section shall submit to the recipient an 

15 application in the form and in accordance with such 

16 requirements as the recipient shall establish. 

17 ‘‘(3) Subrecipients submitting applications pur18 suant to paragraph (2) shall be selected on a com19 petitive basis. 

20 ‘‘(f) COORDINATION.—

21 ‘‘(1) The Secretary shall coordinate activities 

22 under this section with related activities under pro23 grams of other Federal departments and agencies. 

24 ‘‘(2) A recipient that transfers funds to section 

25 5336 pursuant to subsection (c)(2) shall certify that 
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1 the project for which the funds are requested has 

2 been coordinated with private non-profit providers of 

3 services under this section. 

4 ‘‘(3) A recipient of funds under this section 

5 shall certify that—

6 ‘‘(A) the projects selected were derived 

7 from a locally developed, coordinated public 

8 transit-human services transportation plan; and 

9 ‘‘(B) the plan was developed through a 

10 process that included representatives of public, 

11 private, and nonprofit transportation and 

12 human services providers and participation by 

13 the public; 

14 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

15 ‘‘(1) A grant for a capital project under this 

16 section may not exceed 80 percent of the net capital 

17 costs of the project, as determined by the Secretary. 

18 A grant made under this section for operating as19 sistance may not exceed 50 percent of the net oper20 ating costs of the project, as determined by the Sec21 retary. The remainder may be—

22 ‘‘(A) provided from an undistributed cash 

23 surplus, a replacement or depreciation cash 

24 fund or reserve, a service agreement with a 
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1 State or local social service agency or a private 

2 social service organization, or new capital; and 

3 ‘‘(B) derived from amounts appropriated 

4 to or made available to a department or agency 

5 of the Federal government (other than the De6 partment of Transportation, except for Federal 

7 Land Highway funds) that are eligible to be ex8 pended for transportation. 

9 ‘‘(2) A recipient carrying out a program of op10 erating assistance under this section may not limit 

11 the level or extent of use of the Government grant 

12 for the payment of operating expenses. 

13 ‘‘(3) For purposes of paragraph (1)(B) of this 

14 section, the prohibitions on the use of funds for 

15 matching requirements under section 

16 403(a)(5)(c)(vii) of the Social Security Act shall not 

17 apply to federal or state funds to be used for trans18 portation purposes.’’. 

19 (b) CONFORMING AMENDMENT.—The table of sec20 tions for Chapter 53 is amended after the item relating 

21 to section 5316 by adding the following:

‘‘5317. New Freedom program.’’.

22 SEC. 3012. MAJOR CAPITAL INVESTMENT PROGRAM. 

23 (a) MAJOR CAPITAL INVESTMENT PROGRAM.—Sec24 tion 5309 is amended to reads as follows: 
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1 ‘‘§ 5309. Major capital investment grants 

2 ‘‘(a) GENERAL AUTHORITY.—

3 ‘‘(1) The Secretary of Transportation may 

4 make grants under this section to State and local 

5 governmental authorities to assist them and their 

6 subrecipients in financing capital projects for—

7 ‘‘(A) new fixed guideway systems, exten8 sions to existing fixed guideway systems, and 

9 related project activities; 

10 ‘‘(B) the capital costs of coordinating pub11 lic transportation with other transportation; 

12 ‘‘(C) the introduction of new technology, 

13 through innovative or improved products, into 

14 public transportation; or 

15 ‘‘(D) the development of corridors to sup16 port public transportation, including protecting 

17 rights of way through acquisition, construction 

18 of dedicated bus and high occupancy vehicle 

19 lanes or park and ride lots, or other capital im20 provements that the Secretary may decide 

21 would result in increased public transportation 

22 usage in the corridor. 

23 ‘‘(2) The Secretary shall require that a grant 

24 under this subsection be subject to the terms, condi25 tions, requirements, and provisions the Secretary de26 cides are necessary or appropriate for the purposes 
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1 of this section, including requirements for the dis2 position of net increases in value of real property re3 sulting from the project assisted under this section. 

4 ‘‘(b) PROJECT AS PART OF APPROVED PROGRAM OF

5 PROJECTS.—

6 ‘‘(1) The Secretary may not approve a grant for 

7 a project under this section unless the Secretary 

8 finds that the project is part of an approved trans9 portation plan and program of projects required 

10 under sections 5303–5306 of this title, and that the 

11 applicant has or will have the legal, financial, and 

12 technical capacity to carry out the project (including 

13 safety and security aspects of the project), satisfac14 tory continuing control over the use of the equip15 ment or facilities, and the capability and willingness 

16 to maintain the equipment or facilities. 

17 ‘‘(2) An applicant that has submitted a certifi18 cation required by section 5307(d)(1)(A)–(C) and 

19 (H) of this title shall provide sufficient information 

20 upon which the Secretary can make the findings re21 quired by this subsection. 

22 ‘‘(c) CRITERIA FOR MAJOR CAPITAL INVESTMENT

23 GRANTS OF $75 MILLION OR MORE.—

24 ‘‘(1) A project financed under this subsection 

25 shall be carried out through a full funding grant 
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1 agreement. The Secretary shall enter into a full 

2 funding grant agreement based on the evaluations 

3 and ratings required under this subsection. The Sec4 retary shall not enter into a full funding grant 

5 agreement for a project unless that project is au6 thorized for final design and construction and has 

7 been rated as ‘medium,’ ‘medium-high,’ or ‘high,’ as 

8 defined in this subsection. 

9 ‘‘(2) The Secretary may approve a grant under 

10 this section for a major capital project only if the 

11 Secretary makes the following determinations, based 

12 upon evaluations and considerations as set forth 

13 below: 

14 ‘‘(A) The Secretary may approve a grant 

15 under this section for a major capital project 

16 only if the Secretary determines that the pro17 posed project is—

18 ‘‘(i) based on the results of an alter19 natives analysis and preliminary engineer20 ing; 

21 ‘‘(ii) justified based on a comprehen22 sive review of its mobility improvements, 

23 environmental benefits, cost effectiveness, 

24 operating efficiencies, transit supportive 

25 policies and existing land use; and 
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1 ‘‘(iii) supported by an acceptable de2 gree of local financial commitment, includ3 ing evidence of stable and dependable fi4 nancing sources to construct the project, 

5 and maintain, and operate the entire pub6 lic transportation system. 

7 ‘‘(B) Before making the determinations re8 quired by paragraph (2)(A), the Secretary shall 

9 first analyze, evaluate, and consider the fol10 lowing factors: 

11 ‘‘(i) In evaluating a project for pur12 poses of making the finding required by 

13 paragraph (2)(A)(i), the Secretary shall 

14 analyze and consider the results of the al15 ternatives analysis and preliminary engi16 neering for the project. 

17 ‘‘(ii) In evaluating a project for pur18 poses of making the finding required by 

19 paragraph (2)(A)(ii), the Secretary shall—

20 ‘‘(I) consider the direct and indi21 rect costs of relevant alternatives; 

22 ‘‘(II) consider factors such as 

23 congestion relief, improved mobility, 

24 air pollution, noise pollution, energy 

25 consumption, and all associated ancil-
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1 lary and mitigation costs necessary to 

2 carry out each alternative analyzed, 

3 and recognize reductions in local in4 frastructure costs achieved through 

5 compact land use development; 

6 ‘‘(III) identify and consider pub7 lic transportation supportive existing 

8 land use policies and future patterns, 

9 and the cost of suburban sprawl; 

10 ‘‘(IV) consider the degree to 

11 which the project increases the mobil12 ity of the public transportation de13 pendent population or promotes eco14 nomic development; 

15 ‘‘(V) consider population density 

16 and current transit ridership in the 

17 corridor; 

18 ‘‘(VI) consider the technical ca19 pability of the grant recipient to con20 struct the project; 

21 ‘‘(VII) adjust the project jus22 tification to reflect differences in local 

23 land, construction, and operating 

24 costs; and 
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1 ‘‘(VIII) consider other factors 

2 that the Secretary determines appro3 priate to carry out this chapter. 

4 ‘‘(iii) In evaluating a project under 

5 paragraph (2)(A)(iii), the Secretary shall 

6 require that—

7 ‘‘(I) the proposed project plan 

8 provides for the availability of contin9 gency amounts that the Secretary de10 termines to be reasonable to cover un11 anticipated cost increases; 

12 ‘‘(II) each proposed local source 

13 of capital and operating financing is 

14 stable, reliable, and available within 

15 the proposed project timetable; and 

16 ‘‘(III) local resources are avail17 able to operate the overall proposed 

18 public transportation system (includ19 ing essential feeder bus and other 

20 services necessary to achieve the pro21 jected ridership levels) without requir22 ing a reduction in existing public 

23 transportation services to operate the 

24 proposed project. 
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1 ‘‘(iv) In assessing the stability, reli2 ability, and availability of proposed sources 

3 of local financing under paragraph 

4 (2)(A)(iii), the Secretary shall consider—

5 ‘‘(I) existing grant commitments; 

6 ‘‘(II) the degree to which financ7 ing sources are dedicated to the pur8 poses propose; 

9 ‘‘(III) any debt obligation that 

10 exists or is proposed by the recipient 

11 for the proposed project or other pub12 lic transportation purpose; and

13 ‘‘(IV) the extent to which the 

14 project has a local financial commit15 ment that exceeds the required non16 Federal share of the cost of the 

17 project. 

18 ‘‘(3) A proposed project may advance from al19 ternatives analysis to preliminary engineering, and 

20 may advance from preliminary engineering to final 

21 design and construction, only if the Secretary finds 

22 that the project meets the requirements of this sec23 tion and there is a reasonable likelihood that the 

24 project will continue to meet such requirements. In 

25 making the findings, the Secretary shall evaluate 
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1 and rate the project as ‘high,’ ‘medium-high,’ ‘me2 dium,’ ‘low-medium,’ or ‘low,’ based on the results of 

3 alternatives analysis, the project justification cri4 teria, and the degree of local financial commitment, 

5 as required under this subsection. In rating the 

6 projects, the Secretary shall provide, in addition to 

7 the overall project rating, individual ratings for each 

8 of the criteria established by regulation. 

9 ‘‘(d) CRITERIA FOR MAJOR CAPITAL INVESTMENT

10 GRANTS LESS THAN $75 MILLION.—If the assistance 

11 provided under this section is less than $75,000,000, the 

12 project shall be subject to the requirements set forth in 

13 subsection (c) of this section only to the extent the Sec14 retary determines appropriate. 

15 ‘‘(e) PREVIOUSLY ISSUED LETTER OF INTENT OR

16 FULL FUNDING GRANT AGREEMENT.—Subsections (c) 

17 and (d) of this section do not apply to projects for which 

18 the Secretary has issued a letter of intent or entered into 

19 a full funding grant agreement before the date of enact20 ment of the Federal Public Transportation Act of 2003. 

21 ‘‘(f) LETTERS OF INTENT, FULL FUNDING GRANT

22 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE23 MENTS.—

24 ‘‘(1)(A) The Secretary may issue a letter of in25 tent to an applicant announcing an intention to obli-
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1 gate, for a major capital project under this section, 

2 an amount from future available budget authority 

3 specified in law that is not more than the amount 

4 stipulated as the financial participation of the Sec5 retary in the project. When a letter is issued for 

6 fixed guideway projects, the amount shall be suffi7 cient to complete at least an operable segment. 

8 ‘‘(B) At least 30 days before issuing a letter 

9 under subparagraph (A) of this paragraph or enter10 ing into a full funding grant agreement, the Sec11 retary shall notify in writing the Committee on 

12 Transportation and Infrastructure of the House of 

13 Representatives and the Committee on Banking, 

14 Housing, and Urban Affairs of the Senate and the 

15 House and Senate Committees on Appropriations of 

16 the proposed letter or agreement. The Secretary 

17 shall include with the notification a copy of the pro18 posed letter or agreement as well as the evaluations 

19 and ratings for the project. 

20 ‘‘(C) The issuance of a letter is deemed not to 

21 be an obligation under sections 1108(c) and (d), 

22 1501, and 1502(a) of title 31, U.S.C., or an admin23 istrative commitment. 
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1 ‘‘(D) An obligation or administrative commit2 ment may be made only when amounts are appro3 priated. 

4 ‘‘(2)(A) The Secretary may make a full funding 

5 grant agreement with an applicant. The agreement 

6 shall—

7 ‘‘(i) establish the terms of participation by 

8 the United States Government in a project 

9 under this section; 

10 ‘‘(ii) establish the maximum amount of 

11 Government financial assistance for the project; 

12 ‘‘(iii) cover the period of time for com13 pleting the project, including a period extending 

14 beyond the period of an authorization; and 

15 ‘‘(iv) make timely and efficient manage16 ment of the project easier according to the law 

17 of the United States. 

18 ‘‘(B) An agreement under this paragraph obli19 gates an amount of available budget authority speci20 fied in law and may include a commitment, contin21 gent on amounts to be specified in law in advance 

22 for commitments under this paragraph, to obligate 

23 an additional amount from future available budget 

24 authority specified in law. The agreement shall state 

25 that the contingent commitment is not an obligation 
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1 of the Government. Interest and other financing 

2 costs of efficiently carrying out a part of the project 

3 within a reasonable time are a cost of carrying out 

4 the project under a full funding grant agreement, 

5 except that eligible costs may not be more than the 

6 cost of the most favorable financing terms reason7 ably available for the project at the time of bor8 rowing. The applicant shall certify, in a way satis9 factory to the Secretary, that the applicant has 

10 shown reasonable diligence in seeking the most fa11 vorable financing terms. The amount stipulated in 

12 an agreement under this paragraph for a fixed 

13 guideway project shall be sufficient to complete at 

14 least an operable segment. 

15 ‘‘(3)(A) The Secretary may make an early sys16 tems work agreement with an applicant if a record 

17 of decision under the National Environmental Policy 

18 Act of 1969 (42 U.S.C. 4321 et seq.) has been 

19 issued on the project and the Secretary finds there 

20 is reason to believe—

21 ‘‘(i) a full funding grant agreement for the 

22 project will be made; and 

23 ‘‘(ii) the terms of the work agreement will 

24 promote ultimate completion of the project 

25 more rapidly and at less cost. 
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1 ‘‘(B) A work agreement under this paragraph 

2 obligates an amount of available budget authority 

3 specified in law and shall provide for reimbursement 

4 of preliminary costs of carrying out the project, in5 cluding land acquisition, timely procurement of sys6 tem elements for which specifications are decided, 

7 and other activities the Secretary decides are appro8 priate to make efficient, long-term project manage9 ment easier. A work agreement shall cover the pe10 riod of time the Secretary considers appropriate. 

11 The period may extend beyond the period of current 

12 authorization. Interest and other financing costs of 

13 efficiently carrying out the work agreement within a 

14 reasonable time are a cost of carrying out the agree15 ment, except that eligible costs may not be more 

16 than the cost of the most favorable financing terms 

17 reasonably available for the project at the time of 

18 borrowing. The applicant shall certify, in a way sat19 isfactory to the Secretary, that the applicant has 

20 shown reasonable diligence in seeking the most fa21 vorable financing terms. If an applicant does not 

22 carry out the project for reasons within the control 

23 of the applicant, the applicant shall repay all Gov24 ernment payments made under the work agreement 
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1 plus reasonable interest and penalty charges the 

2 Secretary establishes in the agreement. 

3 ‘‘(4)(A) The total estimated amount of future 

4 obligations of the Government and contingent com5 mitments to incur obligations covered by all out6 standing letters of intent, full funding grant agree7 ments, and early systems work agreements may be 

8 not more than the greater of the amount authorized 

9 under section 5338(b) of this title for major capital 

10 investment projects or an amount equivalent to the 

11 last 3 fiscal years of funding authorized under sec12 tion 5338(b)(3)(C) for major capital investment 

13 projects, less an amount the Secretary reasonably 

14 estimates is necessary for grants under this section 

15 not covered by a letter. The total amount covered by 

16 new letters and contingent commitments included in 

17 full funding grant agreements and early systems 

18 work agreements may be not more than a limitation 

19 specified in law. 

20 ‘‘(B) Future obligations of the Government and 

21 contingent commitments made against the contin22 gent commitment authority under section 3032(g)(2) 

23 of the Intermodal Surface Transportation Efficiency 

24 Act of 1991, Public Law 102–240, as amended, for 

25 the San Francisco BART to the Airport project for 
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1 fiscal years 2002, 2003, 2004, 2005, and 2006 shall 

2 be charged against section 3032(g)(2) of that Act. 

3 ‘‘(g) GOVERNMENT’S SHARE OF NET PROJECT

4 COST.—

5 ‘‘(1) Based on engineering studies, studies of 

6 economic feasibility, and information on the expected 

7 use of equipment or facilities, the Secretary shall es8 timate the net project cost. A grant for the project 

9 shall be for 50 percent of the net capital project 

10 cost, unless the grant recipient requests a lower 

11 grant percentage. 

12 ‘‘(2) The remainder—

13 ‘‘(A) shall be from an undistributed cash 

14 surplus, a replacement or depreciation cash 

15 fund or reserve, or new capital; and 

16 ‘‘(B) may include up to 30 percent from 

17 amounts appropriated to or made available to a 

18 department or agency of the Federal Govern19 ment that are eligible to be expended for trans20 portation. 

21 ‘‘(3) In addition to amounts allowed pursuant 

22 to paragraph (1) of this subsection, a planned exten23 sion to a fixed guideway system may include the cost 

24 of rolling stock previously purchased if the applicant 

25 satisfies the Secretary that only amounts other than 
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1 amounts of the Government were used and that the 

2 purchase was made for use on the extension. A re3 fund or reduction of the remainder may be made 

4 only if a refund of a proportional amount of the 

5 grant of the Government is made at the same time. 

6 ‘‘(4) The prohibitions on the use of funds for 

7 matching requirements under section 

8 403(a)(5)(C)(vii) of the Social Security Act shall not 

9 apply to amounts allowed pursuant to paragraph (2) 

10 of this subsection. 

11 ‘‘(5) This subsection does not apply to projects 

12 for which the Secretary of Transportation has issued 

13 a letter of intent or entered into a full funding grant 

14 agreement before the date of enactment of the Fed15 eral Public Transportation Act of 2003. 

16 ‘‘(h) FISCAL CAPACITY CONSIDERATIONS.—If the 

17 Secretary gives priority consideration to financing projects 

18 that include more than the non-Government share re19 quired under subsection (g) of this section, the Secretary 

20 may also give consideration to ‘high,’ ‘medium-high,’ or 

21 ‘medium’ projects sponsored by grant applicants and State 

22 and local governments of constrained fiscal capacity in se23 lecting projects for full funding grant agreements. 

24 ‘‘(i) PRELIMINARY ENGINEERING.—Not more than 8 

25 percent of the amounts made available in each fiscal year 
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1 to carry out this section may be available for preliminary 

2 engineering. 

3 ‘‘(j) UNDERTAKING PROJECTS IN ADVANCE.—

4 ‘‘(1) The Secretary may pay the Government’s 

5 share of the net capital project cost to a State or 

6 local governmental authority that carries out any 

7 part of a project described in this section without 

8 the aid of amounts of the Government and according 

9 to all applicable procedures and requirements if—

10 ‘‘(A) the State or local governmental au11 thority applies for the payment; 

12 ‘‘(B) the Secretary approves the payment; 

13 and 

14 ‘‘(C) before carrying out the part of the 

15 project, the Secretary approves the plans and 

16 specifications for the part in the same way as 

17 other projects under this section. 

18 ‘‘(2) The cost of carrying out part of a project 

19 includes the amount of interest earned and payable 

20 on bonds issued by the State or local governmental 

21 authority to the extent proceeds of the bonds are ex22 pended in carrying out the part. However, the 

23 amount of interest under this paragraph may not be 

24 more than the most favorable interest terms reason25 ably available for the project at the time of bor-
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1 rowing. The applicant shall certify, in a manner sat2 isfactory to the Secretary, that the applicant has 

3 shown reasonable diligence in seeking the most fa4 vorable financial terms. 

5 ‘‘(3) The Secretary shall consider changes in 

6 capital project cost indices when determining the es7 timated cost under paragraph (2) of this subsection. 

8 ‘‘(k) USE OF DEOBLIGATED AMOUNTS.—An amount 

9 available under this section that is deobligated may be 

10 used for any purpose under this section. 

11 ‘‘(l) REPORTS.—

12 ‘‘(1) Not later than the first Monday in Feb13 ruary of each year, the Secretary shall submit to the 

14 Committee on Transportation and Infrastructure of 

15 the House of Representatives and the Committee on 

16 Banking, Housing, and Urban Affairs of the Senate, 

17 as well as the Subcommittee on Transportation of 

18 the Committees on Appropriations of both Houses, 

19 a report that may include—

20 ‘‘(A) an allocation of amounts to be avail21 able to finance grants for capital investment 

22 projects among applicants for these amounts; 

23 ‘‘(B) an assessment of projects for funding 

24 based on the evaluations and ratings and on ex-
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1 isting commitments and anticipated funding 

2 levels for the next 3 fiscal years; and 

3 ‘‘(C) detailed ratings and evaluations on 

4 each project listed. 

5 ‘‘(2) The Secretary shall submit a report to 

6 Congress on the first Monday in February, the first 

7 Monday in June, and the first Monday in October 

8 each year that includes: 

9 ‘‘(A) a summary of the ratings of all appli10 cant’s capital investment projects; 

11 ‘‘(B) detailed ratings and evaluations on 

12 each applicant project with significant changes 

13 to the finance or project proposal or has com14 pleted alternatives or preliminary engineering 

15 since the date of the last report; and 

16 ‘‘(C) all relevant information that support 

17 the evaluation and rating of each updated 

18 project, including a summary of each updated 

19 project’s financial plan. 

20 ‘‘(m) PROJECT DEFINED.—In this section, the term 

21 ‘major capital investment project’ with respect to a new 

22 fixed guideway system or extension to an existing fixed 

23 guideway system, means a minimum operable segment of 

24 the project.’’. 
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1 SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

2 AND DEPLOYMENT PROJECTS. 

3 (a) IN GENERAL.—Section 5312 is amended—

4 (1) in subsection (a), 

5 (A) by striking ‘‘or contracts’’ and insert6 ing ‘‘, contracts, cooperative agreements, or 

7 other transactions’’; 

8 (B) by striking ‘‘help reduce urban trans9 portation needs,’’;

10 (C) by striking ‘‘urban’’ each place it ap11 pears; and 

12 (D) by striking ‘‘and demonstration 

13 projects related’’ and inserting ‘‘, demonstration 

14 or deployment projects, or evaluation of tech15 nology of national significance’’; 

16 (2) by striking subsections (b) and (c); 

17 (3) by redesignating subsections (d) and (e) as 

18 (b) and (c), respectively; 

19 (4) in subsection (b)(2), as redesignated, by 

20 striking ‘‘other agreements’’ and inserting ‘‘other 

21 transactions’’; 

22 (5) in subsection (b)(3), as redesignated, by 

23 striking ‘‘50’’ and inserting ‘‘80’’; 

24 (6) in subsection (b)(4), by adding the following 

25 sentence at the end: ‘‘The evaluation criteria shall 
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1 include consideration of a share of consortium con2 tributions to the overall research costs.’’; 

3 (7) in subsection (c)(2), as redesignated, by 

4 striking ‘‘and’’ and inserting ‘‘or’’ before ‘‘private’’; 

5 and 

6 (8) in subsections (b)(5) and (c)(3), as redesig7 nated, by striking ‘‘within the Mass Transit Account 

8 of the Highway Trust Fund’’. 

9 (b) CONFORMING AMENDMENTS.—

10 (1) Section 5312 is amended by striking the 

11 section heading and inserting the following: 

12 ‘‘§ 5312. Research, development, demonstration, and 

13 deployment projects’’. 

14 (2) The item relating to section 5312 in the 

15 table of sections is amended to read as follows:

‘‘5312. Research, development, demonstration, and deployment projects.’’.

16 SEC. 3014. COOPERATIVE RESEARCH GRANT PROGRAM. 

17 (a) IN GENERAL.—Section 5313 is amended—

18 (1) in subsection (a) by—

19 (A) striking ‘‘(1)’’; 

20 (B) striking ‘‘paragraphs (1) and (2)(C)(ii) 

21 of section 5338(d)’’ and inserting 

22 ‘‘5338(a)(2)(F)(iii)(I) and (III)’’; and 

23 (C) striking ‘‘(2)’’ and inserting ‘‘(b) FED24 ERAL ASSISTANCE.—’’; 

25 (2) by striking subsection (b); and 
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1 (3) in subsection (c), by striking ‘‘subsection 

2 (a) of’’. 

3 (b) CONFORMING AMENDMENTS.—

4 (1) Section 5313 is amended by striking the 

5 section heading and inserting the following: 

6 ‘‘§ 5313. Cooperative research program’’. 

7 (2) The item relating to section 5313 in the 

8 table of sections is amended to read as follows:

‘‘5313. Cooperative research program.’’.

9 SEC. 3015. NATIONAL RESEARCH PROGRAMS. 

10 (a) IN GENERAL.—Section 5314 is amended—

11 (1) in the section heading, by striking ‘‘plan12 ning and’’; 

13 (2) in subsection (a)(1), by—

14 (A) striking ‘‘subsections (d) and (h)(7) of 

15 section 5338’’ and inserting ‘‘section 

16 5338(a)(2)(F)’’; 

17 (B) striking ‘‘and contracts’’ and inserting 

18 ‘‘, contracts, cooperative agreements, or other 

19 transactions’’; and 

20 (C) striking ‘‘5317,’’; 

21 (3) in the first sentence of subsection (a)(3), by 

22 striking all that follows ‘‘chapter’’; 

23 (4) by striking subsection (a)(4)(B); 

24 (5) by redesignating subsection (a)(4)(C) as 

25 subsection (a)(4)(B); and 
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1 (6) in subsection (b), by striking ‘‘or contract’’ 

2 and all that follows in the first sentence, and insert3 ing ‘‘, contract, cooperative agreement, or other 

4 transaction under subsection (a) of this section or 

5 section 5312.’’

6 (b) CONFORMING AMENDMENTS.—The item relating 

7 to section 5314 in the table of sections is amended to read 

8 as follows:

‘‘5314. National research programs.’’.

9 SEC. 3016. NATIONAL TRANSIT INSTITUTE. 

10 Section 5315 is amended—

11 (1) in subsection (a)—

12 (A) by striking ‘‘public mass transpor13 tation’’ and inserting ‘‘public transportation’’ 

14 each place it appears; 

15 (B) by striking ‘‘mass’’ after ‘‘Govern16 ment-aid’’ and inserting ‘‘public’’; and 

17 (C) in paragraphs (1), (6), (7), and (10) 

18 by striking ‘‘mass’’ each place it appears before 

19 ‘‘transportation’’ and inserting ‘‘public’’; 

20 (2) by striking subsection (b); 

21 (3) by redesignating subsections (c) and (d) as 

22 subsections (b) and (c), respectively; and 

23 (4) in subsection (c), as redesignated, by strik24 ing ‘‘mass’’ each place it appears. 
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1 SEC. 3017. BUS TESTING FACILITY. 

2 Section 5318 is amended—

3 (1) by revising subsection (a) to read as follows: 

4 ‘‘(a) FACILITY.—The Secretary of Transportation 

5 shall maintain one facility for testing a new bus model 

6 for maintainability, reliability, safety, performance (in7 cluding braking performance), structural integrity, fuel 

8 economy, emissions, and noise.’’; 

9 (2) in subsection (d), by striking ‘‘section 

10 5309(m)(1)(C)’’ and inserting section 5338(a)(2)(I); 

11 and 

12 (3) by revising subsection (e) to read as follows: 

13 ‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts ap14 propriated or made available under this chapter may be 

15 obligated or expended to acquire a new bus model only 

16 if a bus of that model has been tested at the facility main17 tained by the Secretary under subsection (a).’’. 

18 SEC. 3018. BICYCLE FACILITIES. 

19 Section 5319 is amended by striking ‘‘5309(h),’’ and 

20 inserting ‘‘ 5309(g),’’. 

21 SEC. 3019. SUSPENDED LIGHT RAIL TECHNOLOGY PILOT 

22 PROJECT. 

23 Section 5320 is repealed. 

24 SEC. 3020. GENERAL PROVISIONS ON ASSISTANCE. 

25 Section 5323 is amended—

26 (1) In paragraph (a)(1), by—
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1 (A) striking ‘‘private mass transportation 

2 company’’ each place it appears and inserting 

3 ‘‘private company engaged in public transpor4 tation’’;

5 (B) striking ‘‘mass transportation equip6 ment or a mass transportation facility’’ and in7 serting ‘‘a public transportation facility or 

8 equipment’’; and 

9 (C) striking ‘‘mass transportation com10 pany’’ and inserting ‘‘public transportation 

11 company’’; 

12 (2) in subsection (a)(1)(B), by striking ‘‘private 

13 mass transportation companies’’ and inserting ‘‘pri14 vate companies engaged in public transportation’’; 

15 (3) in subsection (b)—

16 (A) in paragraph (1), 

17 (i) by striking ‘‘or loan’’; and 

18 (ii) by striking ‘‘a certificate of the 

19 applicant’’ and inserting ‘‘in the environ20 mental record for the project evidence’’; 

21 and 

22 (B) in subparagraph (A) of paragraph (1), 

23 by striking ‘‘a public hearing with adequate 

24 prior notice’’ and inserting ‘‘public review and 

25 comment on the project; 
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1 (C) by amending subparagraph (B) of 

2 paragraph (1) to read as follows: 

3 ‘‘(B) held a public hearing on the project 

4 if it affects significant economic, social, or envi5 ronmental interests;’’; 

6 (4) in paragraph (2), by striking the last sen7 tence; 

8 (5) by revising subsection (c) to read as follows: 

9 ‘‘(c) NEW TECHNOLOGY.—A grant for financial as10 sistance under this chapter for new technology, including 

11 innovative or improved products, techniques, or methods 

12 is subject to the requirements of section 5309 of this title 

13 to the extent the Secretary considers appropriate.’’; 

14 (6) in subsection (d)—

15 (A) by revising paragraph (2) to read as 

16 follows: 

17 ‘‘(2) The Secretary may waive paragraph (1) of 

18 this subsection if the Secretary finds that the provi19 sion of intercity charter bus transportation service 

20 by the applicant, governmental authority, or publicly 

21 owned operator is necessary to meet the transpor22 tation needs of the elderly and individuals with dis23 abilities.’’; and 

24 (B) by adding at the end the following 

25 paragraph: 
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1 ‘‘(3) On receiving a complaint about a violation 

2 of the agreement required under paragraph (1), the 

3 Secretary shall investigate and decide whether a vio4 lation has occurred. If the Secretary decides that a 

5 violation has occurred, the Secretary shall correct 

6 the violation under terms of the agreement. In addi7 tion to any remedy specified in the agreement, the 

8 Secretary shall bar a recipient or an operator from 

9 receiving Federal transit assistance in an amount 

10 the Secretary deems appropriate.’’; 

11 (7) by striking subsection (e); 

12 (8) by redesignating subsection (f) as (e); 

13 (9) in subsection (e), as redesignated—

14 (A) by revising paragraph (2) to read as 

15 follows: 

16 ‘‘(2) The Secretary may waive paragraph (1) of 

17 this subsection if the Secretary finds that the provi18 sion of schoolbus transportation by the applicant, 

19 governmental authority, or publicly owned operator 

20 is necessary to meet the transportation needs of stu21 dents with disabilities.’’; and 

22 (B) by adding at the end the following 

23 paragraph: 

24 ‘‘(3) If the Secretary finds that an applicant, 

25 governmental authority, or publicly owned operator 
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1 has violated the agreement required under para2 graph (1) of this subsection, the Secretary shall bar 

3 a recipient or an operator from receiving Federal 

4 transit assistance in an amount the Secretary deems 

5 appropriate.’’; 

6 (10) by revising subsection (f) to read as fol7 lows: 

8 ‘‘(f) BOND PROCEEDS ELIGIBLE FOR LOCAL

9 SHARE.—

10 ‘‘(1) Notwithstanding any other provision of 

11 law, a recipient of assistance under sections 5307 or 

12 5309 of this chapter, may use the proceeds from the 

13 issuance of revenue bonds as part of the local 

14 matching funds for a capital project. 

15 ‘‘(2) The Secretary may reimburse an eligible 

16 recipient for deposits of bond proceeds in a debt 

17 service reserve that recipient established pursuant to 

18 section 5302(a)(1a)(K) of this title from amounts 

19 made available to the recipient under sections 5307 

20 or 5309 of this title.’’; 

21 (11) in subsection (g), by—

22 (A) striking ‘‘(f)’’ and inserting ‘‘(e)’’; 

23 (B) striking ‘‘103(e)(4) and’’ in the first 

24 and second sentence and inserting ‘‘133’’; and 
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1 (C) striking (f)(1)(C) and inserting 

2 ‘‘(e)(1)(C)’’; 

3 (12) by revising subsection (h) to read as fol4 lows: 

5 ‘‘(h) TRANSFER OF LANDS OR INTERESTS IN LANDS

6 OWNED BY THE UNITED STATES.—

7 ‘‘(1) If the Secretary determines that any part 

8 of the lands or interests in lands owned by the 

9 United States and made available as a result of a 

10 military base closure is necessary for transit pur11 poses eligible under this chapter, including corridor 

12 preservation, the Secretary shall file with the Sec13 retary of the Department supervising the adminis14 tration of such lands or interests in lands a map 

15 showing the portion of such lands or interests in 

16 lands which is desired to be transferred for public 

17 transportation purposes. 

18 ‘‘(2) If within four months after such filing, the 

19 Secretary of such Department shall not have cer20 tified to the Secretary that the proposed appropria21 tion of such land is contrary to the public interest 

22 or inconsistent with the purposes for which such 

23 land has been reserved, or shall have agreed to the 

24 appropriation and transfer under conditions which 

25 the Secretary of such Department deems necessary 
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1 for the adequate protection and utilization of the re2 serve, then such land and materials may be appro3 priated and transferred to a State, or local govern4 ment, or public transportation operator for such 

5 purposes and subject to the conditions so specified. 

6 ‘‘(3) If at any time such lands are no longer 

7 needed for public transportation purposes, notice 

8 shall be given by the State, or local government, or 

9 public transportation operator that received the 

10 land, to the Secretary, and such lands shall imme11 diately revert to the control of the Secretary of the 

12 Department from which the land was originally 

13 transferred.’’; 

14 (13) in subsection (j), 

15 (A) by revising paragraph (1) to read as 

16 follows: 

17 ‘‘(1)(A) The Secretary may obligate an amount 

18 that may be appropriated to carry out this chapter 

19 for a project only if the steel, iron, rolling stock, and 

20 components and subcomponents of the rolling stock 

21 used in the project are produced in the United 

22 States. 

23 ‘‘(B) When procuring rolling stock (including 

24 train control, communication, and traction power 

25 equipment) under this chapter—
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1 ‘‘(i) the cost of components and subcompo2 nents produced in the United States shall be 

3 more than 60 percent of the cost of all compo4 nents of the rolling stock; and 

5 ‘‘(ii) final assembly of the rolling stock 

6 shall occur in the United States. 

7 ‘‘(C) In this subsection, labor costs involved in 

8 final assembly are not included in calculating the 

9 cost of components.’’; 

10 (B) in paragraph (2)(B)—

11 (i) by striking ‘‘and goods’’ and in12 serting ‘‘rolling stock, and the components 

13 and subcomponents of rolling stock’’; and 

14 (ii) by adding ‘‘or’’ at the end; 

15 (C) by striking paragraph (2)(C); 

16 (D) by redesignating paragraph (2)(D) as 

17 paragraph (2)(C); 

18 (E) by striking paragraph (3) and redesig19 nating paragraphs (4), (5), (6), and (7) as 

20 paragraphs (3), (4), (5), and (6), respectively; 

21 and 

22 (F) in paragraph (4), as redesignated, by 

23 striking ‘‘Intermodal Surface Transportation 

24 Efficiency Act of 1991 (Public Law 102–240, 

25 105 Stat. 1914’’ and inserting ‘‘Safe, Account-
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1 able, Flexible, and Efficient Transportation Eq2 uity Act of 2003’’; 

3 (14) by revising subsection (l) to read as fol4 lows: 

5 ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 

6 of title 18, U.S.C., applies to a certificate, submission, or 

7 statement provided under this chapter. The Secretary may 

8 terminate financial assistance under this chapter and seek 

9 reimbursement directly, or by offsetting amounts, avail10 able under this chapter, when a false or fraudulent state11 ment or related act within the meaning of section 1001 

12 is made in connection with a Federal transit program.’’; 

13 (15) in subsection (m), by inserting at the end 

14 the following: ‘‘Requirements to perform preaward 

15 and postdelivery reviews of rolling stock purchases to 

16 ensure compliance with subsection (j) of this section 

17 do not apply to private nonprofit organizations or to 

18 grantees serving areas with fewer than one million 

19 people.’’; 

20 (16) in subsection (o) by striking ‘‘the Trans21 portation Infrastructure Finance and Innovation Act 

22 of 1998’’ and inserting ‘‘23 U.S.C. 188’’. 

23 SEC. 3021. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 

24 (a) IN GENERAL.—Section 5324 is amended to read 

25 as follows: 
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1 ‘‘§ 5324. Special provisions for capital projects 

2 ‘‘(a) REAL PROPERTY AND RELOCATION SERV3 ICES.—Whenever real property is acquired and furnished 

4 as a required contribution incident to a project, the Sec5 retary may not approve the application for financial assist6 ance unless the applicant has made all payments and pro7 vided all assistance and assurances as are required of a 

8 State agency under Sections 210 and 305 of the Uniform 

9 Relocation Assistance and Real Property Acquisition Poli10 cies Act, as amended (Uniform Act). The Secretary must 

11 be advised of specific references to any State law that are 

12 believed to be an exception to Sections 301 or 302 of the 

13 Uniform Act. 

14 ‘‘(b) ADVANCE REAL PROPERTY ACQUISITIONS.—

15 ‘‘(1) The Secretary may participate in the ac16 quisition of real property prior to completion of the 

17 environmental reviews for any project that may use 

18 the property if the Secretary determines that exter19 nal market forces are jeopardizing the potential use 

20 of the property for the project, given any of the fol21 lowing conditions—

22 ‘‘(A) there are offers on the open real es23 tate market to convey that property for a use 

24 or uses incompatible with the project under 

25 study; 
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1 ‘‘(B) there is an imminent threat of devel2 opment or redevelopment of the property for 

3 use or uses incompatible with the project under 

4 study; 

5 ‘‘(C) recent appraisals reflect a rapid in6 crease in the fair market value of the property; 

7 ‘‘(D) the property, because it is located 

8 near an existing transportation facility, is likely 

9 to be developed, but also likely to be needed for 

10 a future transportation improvement; or 

11 ‘‘(E) the property owner can demonstrate 

12 that, for health, safety, or financial reasons, re13 taining ownership of the property poses an 

14 undue hardship on the owner in comparison to 

15 other affected property owners and requests the 

16 acquisition to alleviate that hardship. 

17 ‘‘(2) Property acquired in accordance with this 

18 subsection may not be developed in anticipation of 

19 the project until the Secretary has complied with the 

20 National Environmental Policy Act and the applica21 ble provisions of the Department of Transportation 

22 Act for protection of publicly owned park lands, 

23 wildlife and waterfowl refuges, and historic sites. 

24 ‘‘(3) The Secretary shall limit the size and 

25 number of properties acquired in accordance with 
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1 this subsection as necessary to avoid any prejudice 

2 to the Secretary’s objective evaluation of project al3 ternatives. 

4 ‘‘(4) An acquisition undertaken pursuant to this 

5 section shall be considered to be an exempt project 

6 under section 176 of the Clear Air Act and its im7 plementing regulations. 

8 ‘‘(c) RAILROAD CORRIDOR PRESERVATION.—

9 ‘‘(1) The Secretary may assist an applicant in 

10 the acquisition of a pre-existing railroad right-of-way 

11 prior to completion of the environmental reviews for 

12 any project that may use the right-of-way if the ac13 quisition is otherwise permitted under Federal law; 

14 furthermore, the Secretary may establish restrictions 

15 on such an acquisition as the Secretary deems nec16 essary and appropriate. 

17 ‘‘(2) Railroad right-of-way acquired in accord18 ance with this subsection may not be developed in 

19 anticipation of the project until the Secretary has 

20 complied with the National Environmental Policy 

21 Act and the applicable provisions of the Department 

22 of Transportation Act for protection of publicly 

23 owned park lands, wildlife and waterfowl refuges, 

24 and historic sites. 
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1 ‘‘(d) CONSIDERATION OF ECONOMIC, SOCIAL, AND

2 ENVIRONMENTAL INTERESTS.—

3 ‘‘(1) In carrying out section 5301(e) of this 

4 chapter, the Secretary shall cooperate and consult 

5 with the Secretaries of the Interior, Housing and 

6 Urban Development, and the Administrator of the 

7 Environmental Protection Agency on each project 

8 that may have a substantial impact on the environ9 ment. 

10 ‘‘(2) In performing environmental reviews, the 

11 Secretary shall consider the public comments on a 

12 project submitted under section 5323(b) of this title 

13 and ensure that an adequate opportunity to present 

14 views was given to all parties having a significant 

15 economic, social, or environmental interest in the 

16 project, and that the project application includes a 

17 record of—

18 ‘‘(A) the environmental impact of the pro19 posal;

20 ‘‘(B) adverse environmental effects that 

21 cannot be avoided; 

22 ‘‘(C) alternatives to the proposal; and 

23 ‘‘(D) irreversible and irretrievable impacts 

24 on the environment. 
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1 ‘‘(3)(A) The Secretary may approve an applica2 tion for financial assistance for a capital project in 

3 accordance with this chapter only if the Secretary 

4 makes written findings, after reviewing the environ5 mental record included with the project application, 

6 that—

7 ‘‘(i) an adequate opportunity to present 

8 views was given to all parties having a signifi9 cant economic, social, or environmental interest; 

10 ‘‘(ii) the preservation and enhancement of 

11 the environment and the interest of the commu12 nity in which the project is located were consid13 ered; and 

14 ‘‘(iii) no adverse environmental effect is 

15 likely to result from the project, or no feasible 

16 and prudent alternative to the effect exists and 

17 all reasonable steps have been taken to mini18 mize the effect. 

19 ‘‘(B) The Secretary’s findings under subpara20 graph (A) of this paragraph shall be made a matter 

21 of public record.’’. 

22 (b) CONFORMING AMENDMENT.—The item relating 

23 to section 5324 in the table of sections for chapter 53 is 

24 amended to read as follows:

‘‘5324. Special provisions for capital projects.’’.
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1 SEC. 3022. CONTRACT REQUIREMENTS. 

2 (a) IN GENERAL.—Section 5325 is amended—

3 (1) by revising subsection (a) to read as follows: 

4 ‘‘(a) COMPETITION.—Recipients of Federal assist5 ance under this chapter shall conduct all procurement 

6 transactions in a manner providing full and open competi7 tion as determined by the Secretary.’’; 

8 (2) by revising subsection (b) to read as follows: 

9 ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN

10 CONTRACTS.—A contract or requirement for program 

11 management, architectural engineering, construction man12 agement, a feasibility study, and preliminary engineering, 

13 design, architectural, engineering, surveying, mapping, or 

14 related services for a project for which Federal assistance 

15 is provided under this chapter shall be awarded in the 

16 same way as a contract for architectural and engineering 

17 services is negotiated under chapter 11 of title 40, U.S.C., 

18 or an equivalent qualifications-based requirement of a 

19 State. This subsection does not apply to the extent a State 

20 has adopted or adopts by law a formal procedure for pro21 curing those services. When awarding such contracts, re22 cipients of assistance under this chapter shall maximize 

23 efficiencies of administration by accepting non-disputed 

24 audits conducted by other governmental agencies as fol25 lows: 
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1 ‘‘(1) Any contract or subcontract awarded 

2 under this chapter shall be performed and audited in 

3 compliance with cost principles contained in the 

4 Federal Acquisition Regulation, part 31 of title 48, 

5 Code of Federal Regulations. 

6 ‘‘(2) Instead of performing its own audits, a re7 cipient of funds under a contract or subcontract 

8 awarded under this chapter shall accept indirect cost 

9 rates established in accordance with the Federal Ac10 quisition Regulations for one-year applicable ac11 counting periods by a cognizant Federal or State 

12 government agency, if such rates are not currently 

13 under dispute. 

14 ‘‘(3) Once a firm’s indirect cost rates are ac15 cepted under this paragraph, the recipient of the 

16 funds shall apply such rates for the purposes of con17 tract estimation, negotiation, administration, report18 ing, and contract payment, and shall not be limited 

19 by administrative or de facto ceilings. 

20 ‘‘(4) A recipient of funds requesting or using 

21 the cost and rate data described in paragraph (3) 

22 shall notify any affected firm before such request or 

23 use. Such data shall be confidential and shall not be 

24 accessible or provided, in whole or in part by the 

25 group of agencies sharing cost data under this para-
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1 graph, except by written permission of the audited 

2 firm. If prohibited by law, such cost and rate data 

3 shall not be disclosed under any circumstances.’’; 

4 (3) by inserting new subsections (d) through 

5 (h), after subsection (c), to read as follows: 

6 ‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.— 

7 ‘‘(1) ‘Design-build system project’ means a 

8 project under which a recipient enters into a con9 tract with a seller, firm, or consortium of firms to 

10 design and build a public transportation system or 

11 an operable segment thereof that meets specific per12 formance criteria. Such project may also include an 

13 option to finance, or operate for a period of time, 

14 the system or segment or any combination of design15 ing, building, operating, or maintaining such system 

16 or segment. 

17 ‘‘(2) Government financial assistance under this 

18 chapter may be made available for the capital costs 

19 of a design-build system project after the recipient 

20 complies with Government requirements. 

21 ‘‘(e) MULTIYEAR ROLLING STOCK.—

22 ‘‘(1) A recipient procuring rolling stock with 

23 Government financial assistance under this chapter 

24 may make a multiyear contract, including options, to 
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1 buy not more than 5 years of requirements for roll2 ing stock and replacement parts. 

3 ‘‘(2) The Secretary shall allow a recipient to act 

4 on a cooperative basis to procure rolling stock in 

5 compliance with this subsection and other Govern6 ment procurement requirements. 

7 ‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of fi8 nancial assistance under this chapter may enter into a 

9 contract to expend that assistance to acquire rolling 

10 stock— 

11 ‘‘(1) based on— 

12 ‘‘(A) initial capital costs; or 

13 ‘‘(B) performance, standardization, life 

14 cycle costs, and other factors; or 

15 ‘‘(2) with a party selected through a competi16 tive procurement process. 

17 ‘‘(g) EXAMINATION OF THE RECORDS.—Upon re18 quest, the Secretary and the Comptroller General, or any 

19 of their representatives, shall have access to and the right 

20 to examine and inspect all records, documents, papers, in21 cluding contracts, related to a projects for which a grant 

22 is made under this chapter. 

23 ‘‘(h) GRANT PROHIBITIONS.—A grant may not be 

24 used to support a procurement that uses an exclusionary 

25 or discriminatory specification.’’.
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1 (b) CONFORMING AMENDMENTS.—Chapter 53 of 

2 title 49, United States Code, is amended by—

3 (1) repealing section 5326; and 

4 (2) striking ‘‘5326. Special Procurements.’’ in 

5 the table of sections for chapter 53. 

6 SEC. 3023. HUMAN RESOURCE PROGRAMS. 

7 (a) IN GENERAL.—Section 5322 is amended—

8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

9 the beginning of the first sentence of the section; 

10 and 

11 (2) by adding the following at the end: 

12 ‘‘(b) GRANTS TO HIGHER LEARNING INSTITU13 TIONS.—

14 ‘‘(1) The Secretary (or the Secretary of Hous15 ing and Urban Development when required by sec16 tion 5334(i) of this title) may make grants to non17 profit institutions of higher learning— 

18 ‘‘(A) to conduct competent research and 

19 investigations into the theoretical or practical 

20 problems of urban transportation; and 

21 ‘‘(B) to train individuals to conduct fur22 ther research or obtain employment in an orga23 nization that plans, builds, operates, or man24 ages an urban transportation system. 
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1 ‘‘(2) Research and investigations under this 

2 subsection include— 

3 ‘‘(A) the design and use of urban public 

4 transportation systems and urban roads and 

5 highways; 

6 ‘‘(B) the interrelationship between various 

7 modes of urban and interurban transportation; 

8 ‘‘(C) the role of transportation planning in 

9 overall urban planning; 

10 ‘‘(D) public preferences in transportation; 

11 ‘‘(E) the economic allocation of transpor12 tation resources; and 

13 ‘‘(F) the legal, financial, engineering, and 

14 esthetic aspects of urban transportation. 

15 ‘‘(3) When making a grant under this sub16 section, the Secretary shall give preference to an in17 stitution that brings together knowledge and exper18 tise in the various social science and technical dis19 ciplines related to urban transportation problems. 

20 ‘‘(c) FELLOWSHIPS.—

21 ‘‘(1) The Secretary may make grants to States, 

22 local governmental authorities, and operators of pub23 lic transportation systems to provide fellowships to 

24 train personnel employed in managerial, technical, 
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1 and professional positions in the mass transportation 

2 field. 

3 ‘‘(2) A fellowship under this subsection may be 

4 for not more than one year of training in an institu5 tion that offers a program applicable to the public 

6 transportation industry. The recipient of the grant 

7 shall select an individual on the basis of dem8 onstrated ability and for the contribution the indi9 vidual reasonably can be expected to make to an ef10 ficient public transportation operation. A grant for 

11 a fellowship may not be more than the lesser of 

12 $65,000 or 75 percent of—

13 ‘‘(A) tuition and other charges to the fel14 lowship recipient; 

15 ‘‘(B) additional costs incurred by the train16 ing institution and billed to the grant recipient; 

17 and 

18 ‘‘(C) the regular salary of the fellowship 

19 recipient for the period of the fellowship to the 

20 extent the salary is actually paid or reimbursed 

21 by the grant recipient. 

22 ‘‘(d) OTHER GRANTS.—The Secretary may make 

23 grants to State and local governmental authorities for 

24 projects that will use innovative techniques and methods 

25 in managing and providing public transportation.’’. 
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1 SEC. 3024. PROJECT MANAGEMENT OVERSIGHT AND RE2 VIEW. 

3 (a) PROJECT MANAGEMENT PLAN REQUIRE4 MENTS.—Section 5327(a) is amended—

5 (1) by striking ‘‘and’’ at the end of paragraph 

6 11; 

7 (2) in paragraph 12, by striking the ‘‘.’’ and in8 serting ‘‘; and’’; and 

9 (3) by adding after paragraph (12) the fol10 lowing: 

11 ‘‘(13) safety and security management.’’. 

12 (b) LIMITATIONS ON USE OF AVAILABLE

13 AMOUNTS.—Section 5327(c) is amended—

14 (1) in paragraph (1), 

15 (A) by striking ‘‘.5’’ and inserting ‘‘1’’; 

16 (B) by striking ‘‘5307, 5309, or 5311 of 

17 this title, an interstate transfer mass transpor18 tation project under section 103(e)(4) of title 

19 23 as in effect on September 30, 1991,’’ and in20 serting ‘‘5307–5311, 5316, or 5317 of this 

21 title,’’; 

22 (C) by striking ‘‘to make a contract’’; 

23 (D) by striking ‘‘a major project’’ and in24 serting ‘‘major projects’’; and 
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1 (E) by striking ‘‘section 5307, 5309, 5311, 

2 or 103(e)(4)’’ and inserting ‘‘sections 5307–

3 5311, 5316, 5317,’’; 

4 (2) in paragraph (2), by inserting ‘‘and secu5 rity’’ after ‘‘safety’’; and 

6 (3) by redesignating paragraph (3) as (4) and 

7 inserting a new paragraph (3), as follows: 

8 ‘‘(3) The Secretary shall deduct a sum in an 

9 amount that the Secretary determines necessary to 

10 administer this section from the amounts made 

11 available under paragraph (1) of this subsection. 

12 These funds shall be in addition to any other funds 

13 made available for these purposes, and shall remain 

14 available until expended.’’. 

15 SEC. 3025. PROJECT REVIEW. 

16 Section 5328 is repealed. 

17 SEC. 3026. INVESTIGATIONS OF SAFETY AND SECURITY 

18 RISK. 

19 (a) IN GENERAL.—Section 5329 is amended to read 

20 as follows: 

21 ‘‘§ 5329. Investigation of safety and security risks 

22 ‘‘The Secretary may conduct investigations into safe23 ty and security risks associated with a condition in equip24 ment, a facility, or an operation financed under this chap25 ter to establish the nature and extent of the condition and 
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1 how to eliminate, mitigate, or correct it. If the Secretary 

2 establishes that a safety or security risk warrants further 

3 protective measures, the Secretary shall require the local 

4 governmental authority receiving amounts under this 

5 chapter to submit a plan for eliminating, mitigating, or

6 correcting it. Any such plan relating to security risks shall 

7 be developed in consultation with the Secretary of Home8 land Security. Financial assistance under this chapter, in 

9 an amount to be determined by the Secretary, may be 

10 withheld until a plan is approved and carried out.’’. 

11 (b) CONFORMING AMENDMENT.—The item relating 

12 to section 5329 in the table of sections for chapter 53 is 

13 amended to read as follows:

‘‘5329. Investigation of safety and security risks.’’.

14 SEC. 3027. STATE SAFETY OVERSIGHT. 

15 (a) IN GENERAL.—Section 5330 is amended—

16 (1) by striking the heading ‘‘Withholding 

17 Amounts for Noncompliance with Safety Require18 ments’’ and inserting ‘‘State Safety Oversight’’; 

19 (2) in subsection (a), by striking the text and 

20 inserting the following: 

21 ‘‘This section applies only to—

22 ‘‘(1) States that have rail fixed guideway public 

23 transportation systems not subject to regulation by 

24 the Federal Railroad Administration; and 
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1 ‘‘(2) States that are designing rail fixed guide2 way public transportation systems that will not be 

3 subjected to regulation by the Federal Railroad Ad4 ministration.’’; 

5 (3) in subsection (d) by inserting ‘‘shall ensure 

6 uniform safety standards and enforcement and’’ 

7 after ‘‘affected States’’; and 

8 (4) by striking subsection (f). 

9 (b) CONFORMING AMENDMENT.—The item relating 

10 to section 5330 in the table of sections for chapter 53 is 

11 amended to read as follows:

‘‘5330. State safety oversight.’’.

12 SEC. 3028. SENSITIVE SECURITY INFORMATION. 

13 Section 40119(b) is amended—

14 (1) in paragraph (1)(C) by striking ‘‘transpor15 tation safety’’ and inserting ‘‘the safety of transpor16 tation facilities or infrastructure, or transportation 

17 employees’’; and 

18 (2) by adding at the end a new paragraph (3), 

19 to read as follows: 

20 ‘‘(3) A State or local government may not 

21 enact, enforce, prescribe, issue, or continue in effect 

22 any law, regulation, standard, or order to the extent 

23 it is inconsistent with this section or regulations pre24 scribed under this section.’’. 
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1 SEC. 3029. TERRORIST ATTACKS AND OTHER ACTS OF VIO2 LENCE AGAINST PUBLIC TRANSPORTATION 

3 SYSTEMS. 

4 (a) IN GENERAL.—Section 1993 of title 18, U.S.C., 

5 is amended—

6 (1) by striking ‘‘mass’’ in each place it appears 

7 before ‘‘transportation’’ and inserting ‘‘public’’; 

8 (2) in subsection (a)(5), by inserting ‘‘control9 ling,’’ after ‘‘operating’’; and 

10 (3) in subsection (c)(5), by striking 

11 ‘‘5302(a)(7)’’ and inserting ‘‘5302(a)’’. 

12 (b) CONFORMING AMENDMENT.—The item related to 

13 section 1993 in the table of contents for chapter 97 of 

14 title 18, U.S.C. is amended to read as follows:

‘‘1993. Terrorist attacks and other acts of violence against public transportation 

systems.’’.

15 SEC. 3030. CONTROLLED SUBSTANCES AND ALCOHOL MIS16 USE TESTING. 

17 (a) DEFINITIONS.—Section 5331(a)(3) is amended 

18 by inserting after ‘‘title’’ the following: ‘‘, or sections 

19 2303a, 7101(i), 7302(e) of title 46, United States Code. 

20 The Secretary may also decide that a form of public trans21 portation is covered adequately, for employee alcohol and 

22 controlled substances testing purposes, under the alcohol 

23 and controlled substance statutes or regulations of an 
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1 agency within the Department of Transportation or other 

2 Federal agency.’’. 

3 (b) REGULATIONS.—Section 5331(f) is amended by 

4 striking paragraph (3). 

5 SEC. 3031. EMPLOYEE PROTECTIVE ARRANGEMENTS. 

6 Section 5333(b)(1) is amended by striking ‘‘5318(d), 

7 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’’ 

8 each place it appears and inserting ‘‘5316–5318, 

9 5323(a)(1), (b), and (c), 5337, and 5338(b)(3)(C)’’. 

10 SEC. 3032. ADMINISTRATIVE PROCEDURES. 

11 Section 5334 is amended—

12 (1) in subsection (a)—

13 (A) by striking ‘‘and’’ at the end of para14 graph (9); 

15 (B) by striking the period at the end of 

16 paragraph (10) and inserting ‘‘; and’’; and 

17 (C) by inserting after paragraph (10) the 

18 following: 

19 ‘‘(11) issue regulations as necessary to carry 

20 out the purposes of this chapter.’’; 

21 (2) by redesignating subsections (b), (c), (d), 

22 (e), (f), (g), (h), (i), and (j) as subsections (c), (d), 

23 (e), (f), (g), (h), (i), (j), and (k); 

24 (3) by adding a new subsection (b) after sub25 section (a), to read as follows: 
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1 ‘‘(b) PROHIBITIONS AGAINST REGULATING OPER2 ATIONS AND CHARGES.— Except as directed by the Presi3 dent for purposes of national defense or in the event of 

4 a national or regional emergency, the Secretary may not 

5 regulate the operation, routes, or schedules of a public 

6 transportation system for which a grant is made under 

7 this chapter, nor may the Secretary regulate the rates, 

8 fares, tolls, rentals, or other charges prescribed by any 

9 public or private transportation provider: Provided, how10 ever, That nothing in this subsection shall prevent the Sec11 retary from requiring a recipient of funds under this chap12 ter to comply with the terms and conditions of its Federal 

13 assistance agreement.’’; and 

14 (4) in subsection (j)(1), as redesignated, 

15 (A) by striking ‘‘carry’’ and inserting ‘‘ad16 vise and assist the Secretary in carrying’’; and 

17 (B) by striking ‘‘and (b)(1)’’ and inserting 

18 ‘‘5322(b)(1)’’. 

19 SEC. 3033. REPORTS AND AUDITS. 

20 Section 5335 is amended—

21 (1) in subsection (a), by—

22 (A) striking ‘‘(1)’’; and 

23 (B) striking ‘‘(2)’’ and inserting ‘‘(b) RE24 PORTING AND UNIFORM SYSTEMS.—’’; and 

25 (2) by striking subsection (b). 
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1 SEC. 3034. APPORTIONMENTS OF APPROPRIATIONS FOR 

2 FORMULA GRANTS. 

3 (a) IN GENERAL.—Section 5336 is amended by—

4 (1) striking subsection (d); 

5 (2) striking subsection (k);

6 (3) redesignating subsections (a) through (c) as 

7 subsections (b) through (d), respectively; and 

8 (4) adding a new subsection (a) as follows: 

9 ‘‘(a) APPORTIONMENT OF ALLOCATIONS.—Of the 

10 amounts allocated under section 5338(a)(2)(P) of this 

11 title—

12 ‘‘(1) the following percentages shall be apportioned 

13 to each urbanized area in accordance with subsection 

14 (k) of this section: 

15 ‘‘(A) One percent in fiscal year 2004. 

16 ‘‘(B) Three percent in fiscal year 2005. 

17 ‘‘(C) Five percent in fiscal year 2006. 

18 ‘‘(D) Seven percent in fiscal year 2007. 

19 ‘‘(E) Nine percent in fiscal year 2008. 

20 ‘‘(F) Ten percent in every fiscal year 

21 thereafter. 

22 ‘‘(2) the remaining portion shall be apportioned 

23 to each urbanized area in accordance with sub24 sections (b) through (d) of this section.’’. 

25 (b) BASED ON URBANIZED AREA POPULATION.—

26 Subsection (b), as redesignated, is amended—
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1 (1) by striking ‘‘Of the amount made available 

2 or appropriated under section 5338(a) of this title’’ 

3 and inserting ‘‘Of the amount to be apportioned 

4 under subsection (a)(2) of this section’’; and 

5 (2) in paragraph (2), by striking ‘‘subsections 

6 (b) and (c)’’ and inserting ‘‘subsections (c) and (d)’’. 

7 (c) BASED ON FIXED GUIDEWAY REVENUE VEHI8 CLE-MILES, ROUTE-MILES, AND PASSENGER-MILES.—

9 Subsection (c)(2), as redesignated, is amended by striking 

10 ‘‘subsection (a)(2)’’ and inserting ‘‘subsection (b)(2)’’. 

11 (d) BASED ON BUS REVENUE VEHICLE-MILES AND

12 PASSENGER-MILES.—Subsection (d), as redesignated, is 

13 amended by striking ‘‘subsection (a)(2)’’ and inserting 

14 ‘‘subsection (b)(2)’’. 

15 (e) DATE OF APPORTIONMENT.—Subsection (e)(1) is 

16 amended by striking ‘‘subsections (a) and (h)(2) of section 

17 5338’’ and inserting ‘‘section 5338(a)(2)(P)’’. 

18 (f) TRANSFERS OF APPORTIONMENTS.—Subsection 

19 (g) is amended by striking ‘‘subsection (a)(1)’’ and insert20 ing ‘‘subsection (b)(1)’’ each time it appears. 

21 (g) APPORTIONMENT BASED ON INCENTIVE FAC22 TORS.—Section 5336 is amended by adding a new sub23 section (k) as follows: 

24 ‘‘(k) APPORTIONMENT BASED ON INCENTIVE FAC25 TORS.—(1) Of the amounts apportioned under subsection 
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1 (a)(1) of this section, the Secretary may use the following 

2 amounts to make grants to establish data collection sys3 tems capable of collecting the data in paragraph (3) of 

4 this subsection: 

5 ‘‘(A) $25,000,000 in fiscal year 2004. 

6 ‘‘(B) $15,000,000 in fiscal year 2005. 

7 ‘‘(C) $5,000,000 in fiscal year 2006. 

8 ‘‘(2) Amounts under paragraph (1) of this sub9 section not obligated within three years following the 

10 end of the fiscal year in which those amounts be11 came available shall be available for apportionment 

12 under paragraph (3) of this subsection. 

13 ‘‘(3) The remaining amounts to be apportioned 

14 under subsection (a)(1) of this section shall be ap15 portioned by a formula determined by the Secretary 

16 that distributes funds based on increases in public 

17 transportation patronage. 

18 ‘‘(4) In apportioning funds under this sub19 section, the Secretary may consider the efficiency of 

20 service provision in the urbanized area. 

21 ‘‘(5) The Secretary shall not apportion any 

22 amounts under this subsection to an urbanized area 

23 that experiences a significant decline, as determined 

24 by the Secretary, in public transportation patronage 
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1 by elderly individuals, individuals with disabilities, or 

2 low income persons.’’. 

3 SEC. 3035. APPORTIONMENTS BASED ON FIXED GUIDEWAY 

4 FACTORS. 

5 (a) SECTION HEADING.—Section 5337 is amended by 

6 striking the section heading and inserting the following: 

7 ‘‘§ 5337. Apportionment based on fixed guideway fac8 tors’’. 

9 (b) DISTRIBUTION.—The text of subsection 5337(a) 

10 before the first colon is amended to read as follows: 

11 ‘‘Amounts made available under section 5338(a)(2)(N) of 

12 this title are apportioned as follows:’’; 

13 (c) IN GENERAL.—Section 5337 is amended by—

14 (1) striking ‘‘section 5336(b)(2)(A)’’ each place 

15 it appears and inserting ‘‘section 5336(c)(2)(A)’’; 

16 (2) striking subsection (e); and 

17 (3) redesignating subsection (f) as subsection 

18 (e). 

19 (c) CONFORMING AMENDMENT.—The item relating 

20 to section 5337 in the table of sections for chapter 53 is 

21 amended to read as follows:

‘‘5337. Apportionment based on fixed guideway factors.’’.

22 SEC. 3036. AUTHORIZATIONS. 

23 The text of section 5338 is amended to read as fol24 lows: 

25 ‘‘(a) FORMULA GRANTS AND RESEARCH.—
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1 ‘‘(1) There shall be available from the Mass 

2 Transit Account of the Highway Trust Fund to 

3 carry out sections 5305, 5307, 5308, 5310–5318, 

4 5322, 5335, 5505, and 5570–5575 of this title, and 

5 section 3038 of Public Law 105–178—

6 ‘‘(A) $5,615,406,000 for fiscal year 2004; 

7 ‘‘(B) $5,727,714,000 for fiscal year 2005; 

8 ‘‘(C) $5,846,851,000 for fiscal year 2006; 

9 ‘‘(D) $5,978,405,000 for fiscal year 2007; 

10 ‘‘(E) $6,126,071,000 for fiscal year 2008; 

11 and 

12 ‘‘(F) $6,274,935,000 for fiscal year 2009. 

13 ‘‘(2) Of the aggregate of amounts made avail14 able under this subsection for a fiscal year—

15 ‘‘(A) 1.25 percent shall be available to 

16 carry out section 5305 in the fiscal year 2004; 

17 ‘‘(B) 2 percent shall be available to carry 

18 out section 5305 in fiscal years 2005 through 

19 2009; 

20 ‘‘(C) the following amounts shall be avail21 able to carry out section 5335—

22 ‘‘(i) $3,500,000 in fiscal year 2004; 

23 ‘‘(ii) $3,700,000 in fiscal year 2005; 

24 ‘‘(iii) $3,900,000 in fiscal year 2006; 

25 ‘‘(iv) $4,100,000 in fiscal year 2007; 
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1 ‘‘(v) $4,300,000 in fiscal year 2008; 

2 and 

3 ‘‘(vi) $4,500,000 in fiscal year 2009; 

4 ‘‘(D) $4,849,950 shall be available for 

5 grants to the Alaska Railroad for improvements 

6 to its passenger operations in lieu of receiving 

7 an apportionment under section 5336 of this 

8 title; 

9 ‘‘(E) $6,950,000 shall be available to carry 

10 out section 3038 of the Transportation Equity 

11 Act for the 21st Century, as amended; 

12 ‘‘(F) the following amounts shall be avail13 able to carry out transit cooperative research 

14 programs under section 5313, the National 

15 Transit Institute under section 5315, and na16 tional research programs under sections 5312, 

17 5313, 5314, and 5322: 

18 ‘‘(i) $43,750,000 in fiscal year 2004; 

19 ‘‘(ii) 0.779 percent in fiscal years 

20 2005 through 2009; 

21 ‘‘(iii) Of the amount made available 

22 by this paragraph— 

23 ‘‘(I) 18.85 percent shall be avail24 able for carrying out transit coopera-
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1 tive research programs under section 

2 5313; 

3 ‘‘(II) 9.14 percent shall be avail4 able to carry out programs under the 

5 National Transit Institute under sec6 tion 5315, including not more than 

7 $1,000,000 shall be available to carry 

8 out section 5315(a)(16); and 

9 ‘‘(III) the remainder shall be 

10 available for carrying out national re11 search programs under sections 5312, 

12 5313, 5314, and 5322; 

13 ‘‘(G) $30,000,000 shall be available to 

14 carry out section 5316 for each fiscal year 2005 

15 through 2009, based on need and supported by 

16 transportation financial feasibility studies and 

17 planning analyses; 

18 ‘‘(H) the following amounts shall be avail19 able for the New Freedom program under sec20 tion 5317 of this title: 

21 ‘‘(i) $145,000,000 in fiscal year 2004; 

22 and 

23 ‘‘(ii) 2.582 percent in fiscal years 

24 2005 through 2009; 
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1 ‘‘(I) the following amounts shall be avail2 able to carry out section 5318: 

3 ‘‘(i) $3,000,000 in fiscal year 2004; 

4 and 

5 ‘‘(ii) 0.061 percent in fiscal years 

6 2005 through 2009; 

7 ‘‘(J) $6,000,000 shall be available to carry 

8 out section 5505 of this title; 

9 ‘‘(K) 6.4 percent shall be available to pro10 vide financial assistance for other than urban11 ized areas under section 5311; 

12 ‘‘(L) 1.55 percent shall be available to pro13 vide financial assistance for services for elderly 

14 persons and persons with disabilities under sec15 tion 5310; 

16 ‘‘(M) the following amounts shall be avail17 able to provide financial assistance for job ac18 cess and reverse commute projects under sec19 tion 5308: 

20 ‘‘(i) $150,000,000 in fiscal year 2004; 

21 and 

22 ‘‘(ii) 2.671 percent in fiscal years 

23 2005 through 2009; 

24 ‘‘(N) the following amounts shall be avail25 able to provide financial assistance for urban-
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1 ized areas under section 5307 and apportioned 

2 in accordance with section 5337: 

3 ‘‘(i) $1,214,400,000 in fiscal year 

4 2004; and 

5 ‘‘(ii) 21.626 percent in fiscal years 

6 2005 through 2009; 

7 ‘‘(O) $75,000,000 shall be available to 

8 carry out sections 5570 through 5575 in fiscal 

9 years 2005 through 2009; and 

10 ‘‘(P) the remaining amount shall be avail11 able to provide financial assistance for urban12 ized areas under section 5307 and apportioned 

13 in accordance with section 5336. 

14 ‘‘(b) MAJOR CAPITAL INVESTMENT PROGRAM

15 GRANTS.—

16 ‘‘(1) There shall be available from the Mass 

17 Transit Account of the Highway Trust Fund to 

18 carry out sections 5305, and 5309—

19 ‘‘(A) $320,594,000 for fiscal year 2004; 

20 ‘‘(B) $327,006,000 for fiscal year 2005; 

21 ‘‘(C) $333,808,000 for fiscal year 2006; 

22 ‘‘(D) $341,318,000 for fiscal year 2007; 

23 ‘‘(E) $349,749,000 for fiscal year 2008; 

24 and 

25 ‘‘(F) $358,248,000 for fiscal year 2009. 
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1 ‘‘(2) In addition to amounts made available 

2 under paragraph (1), there are authorized to be ap3 propriated to carry out sections 5305, and 5309—

4 ‘‘(A) $1,213,500,000 for fiscal year 2004; 

5 ‘‘(B) $1,236,192,000 for fiscal year 2005; 

6 ‘‘(C) $1,261,287,000 for fiscal year 2006; 

7 ‘‘(D) $1,289,162,000 for fiscal year 2007; 

8 ‘‘(E) $1,321,907,000 for fiscal year 2008; 

9 and 

10 ‘‘(F) $1,355,219,000 for fiscal year 2009. 

11 ‘‘(3) Of the amounts made available by and ap12 propriated under this subsection for a fiscal year—

13 ‘‘(A) 1.25 percent shall be available to 

14 carry out section 5305 in the fiscal year 2004; 

15 ‘‘(B) 2 percent shall be available to carry 

16 out section 5305 in fiscal years 2005 through 

17 2009; and 

18 ‘‘(C) the remaining amount shall be avail19 able to carry out Major Capital Investment 

20 Grants under section 5309 of this title. 

21 ‘‘(c) ADMINISTRATION.—There are authorized to be 

22 appropriated to carry out section 5334—

23 ‘‘(1) $76,500,000 for fiscal year 2004; 

24 ‘‘(2) $77,931,000 for fiscal year 2005; 

25 ‘‘(3) $79,513,000 for fiscal year 2006; 
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1 ‘‘(4) $81,270,000 for fiscal year 2007; 

2 ‘‘(5) $83,334,000 for fiscal year 2008; and 

3 ‘‘(6) $85,434,000 for fiscal year 2009. 

4 ‘‘(d) GRANTS AS CONTRACTUAL OBLIGATIONS.—

5 ‘‘(1) A grant or contract approved by the Sec6 retary, that is financed with amounts made available 

7 under subsections (a), (b)(1), or (e) is a contractual 

8 obligation of the United States Government to pay 

9 the Government’s share of the cost of the project. 

10 ‘‘(2) A grant or contract, approved by the Sec11 retary, that is financed with amounts made available 

12 under subsections (b)(2) or (c) is a contractual obli13 gation of the Government to pay the Government’s 

14 share of the cost of the project only to the extent 

15 that amounts are provided in advance in an appro16 priations Act. 

17 ‘‘(e) REVENUE ALIGNED BUDGET AUTHORITY.—

18 ‘‘(1) On October 15 of fiscal year 2006 and 

19 each fiscal year thereafter, the Secretary shall pro20 rate an amount of funds equal to the amount deter21 mined pursuant to section 251(b)(1)(C) of the Bal22 anced Budget and Emergency Deficit Control Act of 

23 1985 in a portion equal to the amount available to 

24 each Federal transit program for which funds are 

25 available from the Mass Transit Account of the 
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1 Highway Trust Fund under subsections (a) and (b) 

2 of this section. 

3 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated from the 

5 Mass Transit Account of the Highway Trust Fund 

6 such sums as may be necessary to carry out this 

7 subsection for fiscal years beginning after September 

8 30, 2005. 

9 ‘‘(f) AVAILABILITY OF AMOUNTS.—Amounts made 

10 available by or appropriated under subsections (a), (b), 

11 and (e) shall remain available until expended.’’. 

12 SEC. 3037. NATIONAL PARKS AND PUBLIC LANDS LEGACY 

13 PROJECT. 

14 (a) IN GENERAL.—Chapter 53 is amended by insert15 ing after section 5315 the following: 

16 ‘‘§ 5316. National parks and public lands Legacy 

17 Project 

18 ‘‘(a) IN GENERAL.—

19 ‘‘(1) The Secretary of Transportation, in con20 sultation with the Secretary of the Interior, may 

21 make a grant or enter into a contract, cooperative 

22 agreement, interagency agreement, intra-agency 

23 agreement, or other transaction to carry out a quali24 fied project under this section to enhance the protec25 tion of America’s National Parks and public lands 
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1 and increase the enjoyment of those visiting the 

2 parks and public lands by ensuring access to all, in3 cluding the disabled, improving conservation and 

4 park and public land opportunities in urban areas 

5 through partnering with state and local govern6 ments, and improving park and public land trans7 portation infrastructure. 

8 ‘‘(2) A grant, cooperative agreement, inter9 agency agreement, intra-agency agreement, or other 

10 transaction for a qualified project under this section 

11 shall be available to finance the leasing of equipment 

12 and facilities for use in public transportation, sub13 ject to any regulation that the Secretary may pre14 scribe limiting the grant or agreement to leasing ar15 rangements that are more cost-effective than pur16 chase or construction. 

17 ‘‘(b) DEFINITIONS.—In this section—

18 ‘‘(1) ‘eligible area’ means any federally owned 

19 or managed park, refuge, or recreational area that 

20 is open to the general public, including—

21 ‘‘(A) a unit of the National Park System; 

22 ‘‘(B) a unit of the National Wildlife Ref23 uge System; 

24 ‘‘(C) a recreational area managed by the 

25 Bureau of Land Management; and 
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1 ‘‘(D) a recreation area managed by the 

2 Bureau of Reclamation. 

3 ‘‘(2) ‘Federal land management agency’ means 

4 a Federal agency that manages an eligible area; 

5 ‘‘(3) ‘public transportation’ means transpor6 tation by bus, rail, or any other publicly or privately 

7 owned conveyance that provides to the public general 

8 or special service on a regular basis, including sight9 seeing service; 

10 ‘‘(4) ‘qualified participant’ means—

11 ‘‘(A) a Federal land management agency; 

12 or 

13 ‘‘(B) a State, tribal, or local governmental 

14 authority with jurisdiction over land in the vi15 cinity of an eligible area acting with the consent 

16 of the Federal land management agency, alone 

17 or in partnership with a Federal land manage18 ment agency or other governmental or non19 governmental participant; 

20 ‘‘(5) ‘qualified project’ means a planning or 

21 capital project in or in the vicinity of an eligible area 

22 that—

23 ‘‘(A) is an activity described in section 

24 5302, 5303, or 5304; 

25 ‘‘(B) involves—
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1 ‘‘(i) the purchase of rolling stock that 

2 incorporates clean fuel technology or the 

3 replacement of buses of a type in use on 

4 the date of enactment of this section with 

5 clean fuel vehicles; or 

6 ‘‘(ii) the deployment of public trans7 portation vehicles that introduce innovative 

8 technologies or methods; 

9 ‘‘(C) relates to the capital costs of coordi10 nating the Federal land management agency 

11 public transportation systems with other public 

12 transportation systems; 

13 ‘‘(D) provides a nonmotorized transpor14 tation system (including the provision of facili15 ties for pedestrians, bicycles, and nonmotorized 

16 watercraft); 

17 ‘‘(E) provides waterborne access within or 

18 in the vicinity of an eligible area, as appropriate 

19 to and consistent with this section; or 

20 ‘‘(F) is any other public transportation 

21 project that—

22 ‘‘(i) enhances the environment; 

23 ‘‘(ii) prevents or mitigates an adverse 

24 impact on a natural resource; 
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1 ‘‘(iii) improves Federal land manage2 ment agency resource management; 

3 ‘‘(iv) improves visitor mobility and ac4 cessibility and the visitor experience; 

5 ‘‘(v) reduces congestion and pollution 

6 (including noise pollution and visual pollu7 tion); or 

8 ‘‘(vi) conserves a natural, historical, 

9 or cultural resource (excluding rehabilita10 tion or restoration of a non-transportation 

11 facility). 

12 ‘‘(6) ‘Secretary’ means the Secretary of Trans13 portation. 

14 ‘‘(c) LIMITATION ON USE OF AVAILABLE

15 AMOUNTS.—

16 ‘‘(1) The Secretary, in consultation with the 

17 Secretary of the Interior, may use not more than 10 

18 percent of the amount made available for a fiscal 

19 year under section 5338(a)(2)(G) to carry out plan20 ning, research, and technical assistance under this 

21 section, including the development of technology ap22 propriate for use in a qualified project. 

23 ‘‘(2) Amounts made available under this sub24 section are in addition to amounts otherwise avail25 able to the Secretary to carry out planning, re-
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1 search, and technical assistance under this title or 

2 any other provision of law. 

3 ‘‘(3) No qualified project shall receive more 

4 than 12 percent of the total amount made available 

5 to carry out this section under section 

6 5338(a)(2)(G) for any fiscal year. 

7 ‘‘(d) PLANNING PROCESS.—In undertaking a quali8 fied project under this section, 

9 ‘‘(1) if the qualified participant is a Federal 

10 land management agency— 

11 ‘‘(A) the Secretary, in cooperation with the 

12 Secretary of the Interior, shall develop trans13 portation planning procedures that are con14 sistent with—

15 ‘‘(i) the metropolitan planning provi16 sions under section 5303 of this title; 

17 ‘‘(ii) the statewide planning provisions 

18 under section 5304 of this title; and 

19 ‘‘(iii) the public participation require20 ments under section 5307(e); and 

21 ‘‘(B) in the case of a qualified project that 

22 is at a unit of the National Park system, the 

23 planning process shall be consistent with the 

24 general management plans of the unit of the 

25 National Park system; and 
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1 ‘‘(2) if the qualified participant is a State or 

2 local governmental authority, or more than one 

3 State or local governmental authority in more than 

4 one State, the qualified participant shall—

5 ‘‘(A) comply with the metropolitan plan6 ning provisions under section 5303 of this title; 

7 ‘‘(B) comply with the statewide planning 

8 provisions under section 5304 of this title; 

9 ‘‘(C) comply with the public participation 

10 requirements under section 5307(e) of this title; 

11 and 

12 ‘‘(D) consult with the appropriate Federal 

13 land management agency during the planning 

14 process. 

15 ‘‘(e) COST SHARING.—

16 ‘‘(1) The Secretary, in cooperation with the 

17 Secretary of the Interior, shall establish the share of 

18 assistance to be provided under this section to a 

19 qualified participant. 

20 ‘‘(2) In establishing the share of assistance to 

21 be provided under this section, the Secretary shall 

22 consider—

23 ‘‘(A) visitation levels and the revenue de24 rived from user fees in the eligible area in 

25 which the qualified project is carried out; 
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1 ‘‘(B) the extent to which the qualified par2 ticipant coordinates with a public transpor3 tation authority or private entity engaged in 

4 public transportation; 

5 ‘‘(C) private investment in the qualified 

6 project, including the provision of contract serv7 ices, joint development activities, and the use of 

8 innovative financing mechanisms; 

9 ‘‘(D) the clear and direct benefit to the 

10 qualified participant; and 

11 ‘‘(E) any other matters that the Secretary 

12 considers appropriate to carry out this section. 

13 ‘‘(3) Notwithstanding any other provision of 

14 law, Federal funds appropriated to any Federal land 

15 management agency may be counted toward the re16 mainder of the cost of a qualified project. 

17 ‘‘(f) SELECTION OF QUALIFIED PROJECTS.—

18 ‘‘(1) The Secretary of the Interior, after con19 sultation with and in cooperation with the Secretary, 

20 shall determine the final selection and funding of an 

21 annual program of qualified projects in accordance 

22 with this section. 

23 ‘‘(2) In determining whether to include a 

24 project in the annual program of qualified projects, 

25 the Secretary of the Interior shall consider—
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1 ‘‘(A) the justification for the qualified 

2 project, including the extent to which the quali3 fied project would conserve resources, prevent 

4 or mitigate adverse impact, and enhance the en5 vironment; 

6 ‘‘(B) the location of the qualified project, 

7 to ensure that the selected qualified projects—

8 ‘‘(i) are geographically diverse nation9 wide; and 

10 ‘‘(ii) include qualified projects in eligi11 ble areas located in both urban areas and 

12 rural areas; 

13 ‘‘(C) the size of the qualified project, to 

14 ensure that there is a balanced distribution; 

15 ‘‘(D) the historical and cultural signifi16 cance of a qualified project; 

17 ‘‘(E) safety; 

18 ‘‘(F) the extent to which the qualified 

19 project would—

20 ‘‘(i) enhance livable communities; 

21 ‘‘(ii) reduce pollution (including noise 

22 pollution, air pollution, and visual pollu23 tion); 

24 ‘‘(iii) reduce congestion; and 
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1 ‘‘(iv) improve the mobility of people in 

2 the most efficient manner; and 

3 ‘‘(G) any other matters that the Secretary 

4 considers appropriate to carry out this section, 

5 including—

6 ‘‘(i) visitation levels; 

7 ‘‘(ii) the use of innovative financing or 

8 joint development strategies; and 

9 ‘‘(iii) coordination with gateway com10 munities. 

11 ‘‘(g) QUALIFIED PROJECTS CARRIED OUT IN AD12 VANCE.—

13 ‘‘(1) When a qualified participant carries out 

14 any part of a qualified project without assistance 

15 under this section in accordance with all applicable 

16 procedures and requirements, the Secretary, in con17 sultation with the Secretary of the Interior, may pay 

18 the share of the net capital project cost of a quali19 fied project if—

20 ‘‘(A) the qualified participant applies for 

21 the payment;

22 ‘‘(B) the Secretary approves the payment; 

23 and 

24 ‘‘(C) before carrying out that part of the 

25 qualified project, the Secretary approves the 
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1 plans and specifications in the same manner as 

2 plans and specifications are approved for other 

3 projects assisted under this section. 

4 ‘‘(2)(A) The cost of carrying out part of a 

5 qualified project under paragraph (1) includes the 

6 amount of interest earned and payable on bonds 

7 issued by a State or local governmental authority, to 

8 the extent that proceeds of the bond are expended 

9 in carrying out that part. 

10 ‘‘(B) The rate of interest under this paragraph 

11 may not exceed the most favorable rate reasonably 

12 available for the qualified project at the time of bor13 rowing. 

14 ‘‘(C) The qualified participant shall certify, in 

15 a manner satisfactory to the Secretary, that the 

16 qualified participant has exercised reasonable dili17 gence in seeking the most favorable interest rate. 

18 ‘‘(h) RELATIONSHIP TO OTHER LAWS.—

19 ‘‘(1) A qualified participant under this section 

20 is subject to the requirements of section 5307 of this 

21 title to the extent the Secretary considers appro22 priate. 

23 ‘‘(2) Section 5333(b) of this title shall apply, 

24 provided that the Secretary of Labor shall utilize a 
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1 Special Warranty that provides a fair and equitable 

2 arrangement to protect the interest of employees. 

3 ‘‘(3) The Secretary may waive the applicability 

4 of the Special Warranty under paragraph (B) for 

5 private non-profit subrecipients on a case-by-case 

6 basis as the Secretary deems appropriate. 

7 ‘‘(4) A qualified participant under this section 

8 is subject to any other terms, conditions, require9 ments, and provisions that the Secretary determines 

10 to be appropriate to carry out this section, including 

11 requirements for the distribution of proceeds on dis12 position of real property and equipment resulting 

13 from a qualified project assisted under this section. 

14 ‘‘(5) If the amount of assistance anticipated to 

15 be required for a qualified project under this section 

16 is $75,000,000 or more, the qualified participant 

17 shall prepare a project management plan in accord18 ance with sections 5327(a) and (b) of this title. 

19 ‘‘(i) ASSET MANAGEMENT.—The Secretary, in con20 sultation with the Secretary of the Interior, may transfer 

21 the interest of the Department of Transportation in, and 

22 control over, all facilities and equipment acquired under 

23 this section to a qualified participant for use and disposi24 tion in accordance with any property management regula25 tions that the Secretary determines to be appropriate. 
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1 ‘‘(j) COORDINATION OF RESEARCH AND DEPLOY2 MENT OF NEW TECHNOLOGIES.—

3 ‘‘(1) The Secretary, in cooperation with the 

4 Secretary of the Interior, may undertake, or make 

5 grants, cooperative agreements, contracts (including 

6 agreements with departments, agencies, and instru7 mentalities of the Federal Government) or other 

8 transactions for research, development, and deploy9 ment of new technologies in eligible areas that will—

10 ‘‘(A) conserve resources; 

11 ‘‘(B) prevent or mitigate adverse environ12 mental impact; 

13 ‘‘(C) improve visitor mobility, accessibility, 

14 and enjoyment; and 

15 ‘‘(D) reduce pollution (including noise pol16 lution and visual pollution). 

17 ‘‘(2) The Secretary may request and receive ap18 propriate information from any source. 

19 ‘‘(3) Grants, cooperative agreements, contracts 

20 or other transactions under paragraph (1) shall be 

21 awarded from amounts allocated under subsection 

22 (c)(1).’’. 

23 (b) CONFORMING AMENDMENTS.—The table of sec24 tions for chapter 53 is amended by inserting after the item 

25 relating to section 5315 the following:

‘‘5316. National parks and public lands Legacy Project.’’.
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1 SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILTY PROGRAM 

2 (a) Section 3038 of the Transportation Equity Act 

3 for the 21st Century, Public Law 105–178, is amended—

4 (1) by striking the section heading and insert5 ing the following: 

6 ‘‘OVER-THE-ROAD BUS ACCESSIBILITY PROGRAM’’; 

7 and 

8 (2) by revising subsection (g) to read as follows: 

9 ‘‘(g) FUNDING.—

10 ‘‘(1) Of the amounts made available by or ap11 propriated under section 5338(a)(2)(E) in each fis12 cal year, 75 percent shall be available for operators 

13 of over-the-road buses used substantially or exclu14 sively in intercity, fixed-route over-the-road bus serv15 ice to finance the incremental capital and training 

16 costs of the Department of Transportation’s final 

17 rule regarding accessibility of over-the-road buses. 

18 Such amounts shall remain available until expended. 

19 ‘‘(2) Of the amounts made available by or ap20 propriated under section 5338(a)(2)(E) in each fis21 cal year, 25 percent shall be available for operators 

22 of other over-the-road bus service to finance the in23 cremental capital and training costs of the Depart24 ment of Transportation’s final rule regarding acces25 sibility of over-the-road buses. Such amounts shall 

26 remain available until expended.’’. 
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1 (b) CONFORMING AMENDMENTS.—The item relating 

2 to section 3038 in the table of sections for the Transpor3 tation Equity Act for the 21st Century is amended to read 

4 as follows:

‘‘Over-the-road bus accessibility program.’’.

5 SEC. 3039. FORMULA GRANTS FOR SPECIAL NEEDS OF EL6 DERLY INDIVIDUALS AND INDIVIDUALS WITH 

7 DISABILITIES. 

8 IN GENERAL.—Section 5310 is amended to read as 

9 follows: 

10 ‘‘(a) GENERAL AUTHORITY.—

11 ‘‘(1) The Secretary may make grants to a State 

12 under this section for capital public transportation 

13 projects planned, designed, and carried out to meet 

14 the special needs of elderly individuals and individ15 uals with disabilities. A State may then allocate the 

16 funds to—

17 ‘‘(A) a private non-profit organization; or 

18 ‘‘(B) a governmental authority—

19 ‘‘(i) approved by the State to coordi20 nate services for elderly individuals and in21 dividuals with disabilities; or 

22 ‘‘(ii) that certifies that there are not 

23 any nonprofit organizations readily avail24 able in the area to provide the services de25 scribed under this paragraph. 
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1 ‘‘(2) A capital public transportation project 

2 under this section may include acquiring public 

3 transportation services as an eligible capital expense.

4 ‘‘(3) A State may use not more than 15 percent 

5 of the amounts apportioned under this section to ad6 minister, plan and provided technical assistance for 

7 a project funded under this section. 

8 ‘‘(b) APPORTIONMENTS.—

9 ‘‘(1) The Secretary shall apportion amounts 

10 made available under section 5338(a)(2)(M) of this 

11 title under a formula the Secretary administers that 

12 considers the number of elderly individuals and indi13 viduals with disabilities in each State. 

14 ‘‘(2) The recipient may transfer any funds ap15 portioned to it under this subsection to sections 

16 5311(c) or 5336. Any funds transferred pursuant to 

17 this subsection shall be made available only for eligi18 ble projects selected under this section. 

19 ‘‘(c) GOVERNMENT’S SHARE.—A grant for a capital 

20 project under this section may not exceed 80 percent of 

21 the net capital costs of the project, as determined by the 

22 Secretary. The remainder—

23 ‘‘(1) may be provided from an undistributed 

24 cash surplus, a replacement or depreciation cash 

25 fund or reserve, a service agreement with a State or 
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1 local social service agency or a private social service 

2 organization, or new capital; and 

3 ‘‘(2) may be derived from amounts appropriated 

4 to or made available to a department or agency of 

5 the Federal government (other than the Department 

6 of Transportation, except for Federal Land Highway 

7 funds) that are eligible to be expended for transpor8 tation; 

9 ‘‘(3) for purposes of paragraph (2), the prohibi10 tions on the use of funds for matching requirements 

11 under section 403(a)(5)(c)(vii) of the Social Security 

12 Act shall not apply to federal or state funds to be 

13 used for transportation purposes. 

14 ‘‘(d) GRANT REQUIREMENTS.—

15 ‘‘(1) A recipient of a grant under this section 

16 is subject to all requirements of a grant under sec17 tion 5307 of this title to the extent the Secretary 

18 considers appropriate. 

19 ‘‘(2) A recipient that transfers funds to section 

20 5336 pursuant to subsection (b)(2) shall certify that 

21 the project for which the funds are requested has 

22 been coordinated with private non-profit providers of 

23 services under this section. 

24 ‘‘(3) A recipient of funds under this section 

25 shall certify that—
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1 ‘‘(A) the projects selected were derived 

2 from a locally developed, coordinated public 

3 transit-human services transportation plan; and 

4 ‘‘(B) the plan was developed through a 

5 process that included representatives of public, 

6 private, and nonprofit transportation and 

7 human services providers and participation by 

8 the public; 

9 ‘‘(4) A recipient of a grant under this section 

10 shall certify that allocations of the grant to sub11 recipients are distributed on a fair and equitable 

12 basis. 

13 ‘‘(e) STATE PROGRAM OF PROJECTS.—Amounts 

14 made available to carry out this subsection may be used 

15 for transportation projects to assist in providing transpor16 tation services for elderly individuals and individuals with 

17 disabilities that are included in a State program of 

18 projects. A program shall be submitted annually to the 

19 Secretary for approval and shall contain an assurance that 

20 the program provides for maximum feasible coordination 

21 of transportation services assisted under this section with 

22 transportation services assisted by other United States 

23 Government sources. 

24 ‘‘(f) LEASING VEHICLES.—Vehicles acquired under 

25 this section may be leased to local governmental authori-
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1 ties to improve transportation services designed to meet 

2 the special needs of elderly individuals and individuals 

3 with disabilities. 

4 ‘‘(g) HOMEBOUND INDIVIDUALS.—Public transpor5 tation service providers receiving assistance under this sec6 tion or 5311(c) of this title may coordinate and assist in 

7 regularly providing meal delivery service for homebound 

8 individuals if the delivery service does not conflict with 

9 providing public transportation service or reduce service 

10 to public transportation passengers. 

11 ‘‘(h) TRANSFERS OF FACILITIES AND EQUIPMENT.—

12 With the consent of the recipient currently having a facil13 ity or equipment acquired with assistance under this sec14 tion, a State may transfer the facility or equipment to any 

15 recipient eligible to receive assistance under this chapter 

16 if the facility or equipment will continue to be used as 

17 required under this section 

18 ‘‘(i) FARES NOT REQUIRED.—This chapter does not 

19 require that elderly individuals and individuals with dis20 abilities be charged a fare.’’. 

21 SEC. 3040. JOB ACCESS AND REVERSE COMMUTE. 

22 (a) Section 5308 is amended to read as follows: 

23 ‘‘§ 5308. Formula grants for job access and reverse 

24 commute projects. 

25 ‘‘(a) DEFINITIONS.—In this section—
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1 ‘‘(1) ‘recipient’ means a State that receives a 

2 grant under this section directly; and 

3 ‘‘(2) ‘subrecipient’ means a State or local public 

4 authority, a nonprofit organization, or a private op5 erator of public transportation service that may re6 ceive a grant under this section indirectly through a 

7 recipient, rather than directly from the Federal Gov8 ernment. 

9 ‘‘(b) GENERAL AUTHORITY.—

10 ‘‘(1) The Secretary may make grants to a re11 cipient under this section for access to jobs and re12 verse commute projects to a recipient. 

13 ‘‘(2) A recipient may use not more than 15 per14 cent of the amounts apportioned under this section 

15 to administer, plan, and provide technical assistance 

16 for a project funded under this section. 

17 ‘‘(c) APPORTIONMENTS.—

18 ‘‘(1) The Secretary shall apportion amounts 

19 made available under section 5338(a)(2)(M) of this 

20 title under a formula the Secretary administers that 

21 considers the number of low income people in each 

22 State. 

23 ‘‘(2) The recipient may transfer any funds ap24 portioned to it under this subsection to sections 

25 5311(c) or 5336. Any apportionment transferred 
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1 pursuant to this subsection shall be made available 

2 for eligible job access and reverse commute projects 

3 under this section. 

4 ‘‘(d) GRANT REQUIREMENTS.—

5 ‘‘(1) A grant under this section is subject to the 

6 requirements of 5307 to the extent the Secretary 

7 considers appropriate. 

8 ‘‘(2) Section 5333(b) of this title shall apply, 

9 provided that the Secretary of Labor shall utilize a 

10 Special Warranty that provides a fair and equitable 

11 arrangement to protect the interest of employees. 

12 ‘‘(3) The Secretary may waive the applicability 

13 of the Special Warranty under paragraph (2) for 

14 private non-profit subrecipients on a case-by-case 

15 basis as the Secretary deems appropriate. 

16 ‘‘(4) A recipient of a grant under this section 

17 shall certify that allocations of the grant to sub18 recipients are distributed on a fair and equitable 

19 basis.

20 ‘‘(e) COMPETITIVE PROCESS.—

21 ‘‘(1) The recipient shall conduct a statewide so22 licitation for applications for grants under this sec23 tion. 

24 ‘‘(2) Subrecipients seeking to receive a grant 

25 under this section shall submit to the recipient an 
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1 application in the form and in accordance with such 

2 requirements as the recipient shall establish. 

3 ‘‘(3) Subrecipients submitting applications pur4 suant to paragraph (2) shall be selected on a com5 petitive basis. 

6 ‘‘(f) COORDINATION.—

7 ‘‘(1) The Secretary shall coordinate activities 

8 under this section with related activities under pro9 grams of other Federal departments and agencies. 

10 ‘‘(2) A recipient that transfers funds to section 

11 5336 pursuant to subsection (c)(2) shall certify that 

12 the project for which the funds are requested has 

13 been coordinated with private non-profit providers of 

14 services under this section. 

15 ‘‘(3) A recipient of funds under this section 

16 shall certify that—

17 ‘‘(A) the projects selected were derived 

18 from a locally developed, coordinated public 

19 transit-human services transportation plan; and 

20 ‘‘(B) the plan was developed through a 

21 process that included representatives of public, 

22 private, and nonprofit transportation and 

23 human services providers and participation by 

24 the public. 

25 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—
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1 ‘‘(1) A grant for a capital project under this 

2 section may not exceed 80 percent of the net capital 

3 costs of the project, as determined by the Secretary. 

4 A grant made under this section for operating as5 sistance may not exceed 50 percent of the net oper6 ating costs of the project, as determined by the Sec7 retary. The remainder—

8 ‘‘(A) may be provided from an undistrib9 uted cash surplus, a replacement or deprecia10 tion cash fund or reserve, a service agreement 

11 with a State or local social service agency or a 

12 private social service organization, or new cap13 ital; and 

14 ‘‘(B) may be derived from amounts appro15 priated to or made available to a department or 

16 agency of the Federal government (other than 

17 the Department of Transportation, except for 

18 Federal Land Highway funds) that are eligible 

19 to be expended for transportation. 

20 ‘‘(2) A recipient carrying out a program of op21 erating assistance under this section may not limit 

22 the level or extent of use of the Government grant 

23 for the payment of operating expenses. 

24 ‘‘(3) For purposes of paragraph (1)(B) of this 

25 section, the prohibitions on the use of funds for 
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1 matching requirements under section 

2 403(a)(5)(c)(vii) of the Social Security Act shall not 

3 apply to federal or state funds to be used for trans4 portation purposes.’’. 

5 (b) CONFORMING AMENDMENT.—The table of sec6 tions for Chapter 53 is amended after the item relating 

7 to section 5307 to read as follows:

‘‘5308. Formula grants for job access and reverse commute projects.’’.

8 TITLE IV—MOTOR CARRIER SAFETY 

9 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) ADMINISTRATIVE EXPENSES.—Section 31104 of 

11 title 49, United States Code, is amended by adding the 

12 following at the end: 

13 ‘‘(i) ADMINISTRATIVE EXPENSES.—

14 ‘‘(1) There are authorized to be appropriated 

15 from the Highway Trust Fund (other than the Mass 

16 Transit Account) for the Secretary of Transpor17 tation to pay administrative expenses of the Federal 

18 Motor Carrier Safety Administration—

19 ‘‘(A) $224,406,000 for fiscal year 2004; 

20 ‘‘(B) $228,000,000 for fiscal year 2005; 

21 ‘‘(C) $233,000,000 for fiscal year 2006; 

22 ‘‘(D) $239,000,000 for fiscal year 2007; 

23 ‘‘(E) $244,000,000 for fiscal year 2008; 

24 and 

25 ‘‘(F) $250,000,000 for fiscal year 2009. 
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1 ‘‘(2) The funds authorized by this subsection 

2 shall be used for personnel costs; administrative in3 frastructure; rent; information technology; programs 

4 for research and technology, information manage5 ment, regulatory development (including a medical 

6 review board and rules for medical examiners), per7 formance and registration information system man8 agement (PRISM), a study of driver availability and 

9 retention, and outreach and education; other oper10 ating expenses and similar matters; and such other 

11 expenses as may from time to time become necessary 

12 to implement statutory mandates not funded from 

13 other sources. 

14 ‘‘(3) The amounts made available under this 

15 section shall remain available until expended. 

16 ‘‘(4) Authorizations from the Highway Trust 

17 Fund (other than the Mass Transit Account) to 

18 carry out subtitle IV, Part B, and subtitle VI, Part 

19 B, of this title, or the provisions of subtitle IV of the 

20 ‘Safe, Accountable, Flexible, and Efficient Transpor21 tation Equity Act of 2003’, shall be available for ob22 ligation on the date of their apportionment or alloca23 tion or on October 1 of the fiscal year for which they 

24 are authorized, whichever occurs first.’’. 
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1 (b) AMENDMENT TO TITLE 23.—Section 104(a)(1) 

2 of title 23, United States Code, is amended by—

3 (1) deleting subparagraph (B); 

4 (2) deleting the designation ‘‘(A)’’ at the begin5 ning of subparagraph (A) and redesignating sub6 paragraphs (A)(i) and (ii) as subparagraphs (A) and 

7 (B), respectively; and 

8 (3) deleting ‘‘; and’’ at the end of subparagraph 

9 (B), as so redesignated, and inserting a period. 

10 (c) GRANT PROGRAMS.—There are authorized to be 

11 appropriated from the Highway Trust Fund (other than 

12 the Mass Transit Account) for the following Federal 

13 Motor Carrier Safety Administration programs—

14 (1) Commercial driver’s license/driver improve15 ment program grants under section 4002(c)—

16 (A) $22,000,000 for fiscal year 2004; 

17 (B) $22,000,000 for fiscal year 2005; 

18 (C) $23,000,000 for fiscal year 2006; 

19 (D) $23,000,000 for fiscal year 2007; 

20 (E) $24,000,000 for fiscal year 2008; and 

21 (F) $25,000,000 for fiscal year 2009. 

22 (2) Border enforcement grants under section 

23 4002(b)—

24 (A) $ 32,000,000 for fiscal year 2004; 

25 (B) $ 33,000,000 for fiscal year 2005; 
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1 (C) $ 33,000,000 for fiscal year 2006; 

2 (D) $ 34,000,000 for fiscal year 2007; 

3 (E) $ 35,000,000 for fiscal year 2008; and 

4 (F) $ 36,000,000 for fiscal year 2009. 

5 (3) Performance and registration information 

6 system management (PRISM) grant program under 

7 section 4016— 

8 (A) $4,000,000 for fiscal year 2004; 

9 (B) $4,000,000 for fiscal year 2005; 

10 (C) $4,000,000 for fiscal year 2006; 

11 (D) $4,000,000 for fiscal year 2007; 

12 (E) $4,000,000 for fiscal year 2008; and 

13 (F) $4,000,000 for fiscal year 2009. 

14 (d) PERIOD OF AVAILABILITY.—The amounts made 

15 available under subsection (c) of this section shall remain 

16 available until expended. 

17 (e) CONTRACT AUTHORITY.—Authorizations from 

18 the Highway Trust Fund (other than the Mass Transit 

19 Account) to carry out subsection (c) of this section shall 

20 be available for obligation on the date of their apportion21 ment or allocation or on October 1 of the fiscal year for 

22 which they are authorized, whichever occurs first. Ap23 proval by the Secretary of a grant with funds made avail24 able under subsection (c) of this section imposes upon the 

25 United States Government a contractual obligation for 
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1 payment of the Government’s share of costs incurred in 

2 carrying out the objectives of the grant. 

3 SEC. 4002. MOTOR CARRIER SAFETY GRANTS. 

4 (a) MOTOR CARRIER SAFETY ASSISTANCE PRO5 GRAM.—

6 (1) Section 31102 of title 49, United States 

7 Code, is amended— 

8 (A) in subsection (b)(1), by amending 

9 paragraph (A) to read as follows: 

10 ‘‘(A) implements performance-based activi11 ties.’’; 

12 (B) in subsection (b)(1), by deleting ‘‘and’’ 

13 at the end of paragraph (S), replacing the pe14 riod at the end of paragraph (T) with a semi15 colon, and adding new paragraphs (U) and (V), 

16 to read as follows: 

17 ‘‘(U) provides that the State will include in 

18 the training manual for the licensing examina19 tion to drive a non-commercial motor vehicle 

20 and a commercial motor vehicle, information on 

21 best practices for driving safely in the vicinity 

22 of commercial motor vehicles and in the vicinity 

23 of non-commercial vehicles, respectively; and 

24 ‘‘(V) provides that the State will enforce 

25 the registration requirements of 49 U.S.C. 
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1 13902 by placing out of service any vehicle dis2 covered to be operating without registration or 

3 beyond the scope of its registration.’’; and 

4 (C) by revising subsection (c) to read as 

5 follows: 

6 ‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—

7 A State may use amounts received under a grant under 

8 subsection (a) of this section for the following activities: 

9 ‘‘(1) If the activities are carried out in conjunc10 tion with an appropriate inspection of the commer11 cial motor vehicle to enforce Government or State 

12 commercial motor vehicle safety regulations: 

13 ‘‘(A) Enforcement of commercial motor ve14 hicle size and weight limitations at locations 

15 other than fixed weight facilities, at specific lo16 cations such as steep grades or mountainous 

17 terrains where the weight of a commercial 

18 motor vehicle can significantly affect the safe 

19 operation of the vehicle, or at ports where inter20 modal shipping containers enter and leave the 

21 United States. 

22 ‘‘(B) Detection of the unlawful presence of 

23 a controlled substance (as defined under section 

24 102 of the Comprehensive Drug Abuse Preven25 tion and Control Act of 1970 (21 U.S.C. 802)) 
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1 in a commercial motor vehicle or on the person 

2 of any occupant (including the operator) of the 

3 vehicle. 

4 ‘‘(2) Documented enforcement of State traffic 

5 laws and regulations designed to promote the safe 

6 operation of commercial motor vehicles, including 

7 documented enforcement of such laws and regula8 tions against non-commercial motor vehicles when 

9 necessary to promote the safe operation of commer10 cial motor vehicles.’’. 

11 (2) Section 31103(b) of title 49, United States 

12 Code, is amended to read as follows: 

13 ‘‘(b) OTHER ACTIVITIES.—

14 ‘‘(1) From the amounts designated under sec15 tion 31104(f)(2), the Secretary may make a grant to 

16 a State agency, local government, or other person 

17 for the full cost of research, development, dem18 onstration projects, public education, and other spe19 cial activities and projects relating to commercial 

20 motor vehicle safety that are of benefit to all juris21 dictions or designed to address national safety con22 cerns and circumstances. 

23 ‘‘(2) From the amounts designated under sec24 tion 31104(f)(3), the Secretary may allocate safety 
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1 performance incentive funds to States without re2 quiring a matching contribution from such States. 

3 ‘‘(3) From the amounts designated under sec4 tion 31104(f)(4), the Secretary may allocate new en5 trant motor carrier audit funds to States and local 

6 governments without requiring a matching contribu7 tion from such States or local governments. How8 ever, the Secretary may withhold such funds from a 

9 State or local government that is unable to use gov10 ernment employees to conduct new entrant motor 

11 carrier audits, and may instead utilize the funds di12 rectly to conduct audits in those jurisdictions.’’. 

13 (3) Section 31104(a) of title 49, United States 

14 Code, is amended to read as follows: 

15 ‘‘(a) IN GENERAL.—There are authorized to be ap16 propriated from the Highway Trust Fund (other than the 

17 Mass Transit Account) to carry out section 31102:

18 ‘‘(1) Not more than $164,594,000 for fiscal 

19 year 2004. 

20 ‘‘(2) Not more than $168,000,000 for fiscal 

21 year 2005. 

22 ‘‘(3) Not more than $172,000,000 for fiscal 

23 year 2006. 

24 ‘‘(4) Not more than $176,000,000 for fiscal 

25 year 2007. 
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1 ‘‘(5) Not more than $180,000,000 for fiscal 

2 year 2008. 

3 ‘‘(6) Not more than $184,000,000 for fiscal 

4 year 2009.’’. 

5 (4) Section 31104(f) is amended by revising 

6 paragraph (2) and adding new paragraphs (3) and 

7 (4), to read as follows: 

8 ‘‘(2) HIGH-PRIORITY ACTIVITIES.—The Sec9 retary may designate up to 10 percent of amounts 

10 available for allocation under paragraph (1) for 

11 States, local governments, and other persons for car12 rying out high priority activities and projects that 

13 improve commercial motor vehicle safety and compli14 ance with commercial motor vehicle safety regula15 tions, including activities and projects that are na16 tional in scope, increase public awareness and edu17 cation, or demonstrate new technologies. The 

18 amounts designated under this paragraph shall be 

19 allocated by the Secretary to State agencies, local 

20 governments, and other persons that use and train 

21 qualified officers and employees in coordination with 

22 State motor vehicle safety agencies. Allocations 

23 under this paragraph do not require a matching con24 tribution from a State, local government, or other 

25 person. 
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1 ‘‘(3) SAFETY PERFORMANCE INCENTIVE PRO2 GRAMS.—The Secretary may designate up to 10 per3 cent of the amounts available for allocation under 

4 paragraph (1) for safety performance incentive pro5 grams for States. The Secretary shall establish safe6 ty performance criteria to be used to distribute in7 centive program funds. Such criteria shall include, 

8 at a minimum, reduction in the number and rate of 

9 fatal accidents involving commercial motor vehicles. 

10 Allocations under this paragraph do not require a 

11 matching contribution from a State. 

12 ‘‘(4) NEW ENTRANT AUDITS.—The Secretary 

13 may designate up to $17,000,000 of the amounts 

14 available for allocation under paragraph (1) for au15 dits of new entrant motor carriers conducted pursu16 ant to section 210 of the Motor Carrier Safety Im17 provement Act of 1999, 113 Stat. 1764. Allocations 

18 under this paragraph do not require a matching con19 tribution from a State or local government. 

20 (b) GRANTS TO STATES FOR BORDER ENFORCE21 MENT.—Chapter 311 of title 49, United States Code, is 

22 amended by revising section 31107 to read as follows: 

23 ‘‘§ 31107. Border enforcement grants 

24 ‘‘(a) GENERAL AUTHORITY.—From the funds au25 thorized by sections 4001(c)(2) of the Safe, Accountable, 
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1 Flexible, and Efficient Transportation Equity Act of 

2 2003, the Secretary may make a grant in a fiscal year 

3 to a State, except as otherwise provided in subsection (c), 

4 that shares a border with another country for carrying out 

5 border commercial motor vehicle safety programs and re6 lated enforcement activities and projects. 

7 ‘‘(b) MAINTENANCE OF EXPENDITURES.—Except as 

8 otherwise provided in subsection (c), the Secretary may 

9 make a grant to a State under this section only if the 

10 State agrees that the total expenditure of amounts of the 

11 State and political subdivisions of the State, exclusive of 

12 United States Government amounts, for carrying out bor13 der commercial motor vehicle safety programs and related 

14 enforcement activities and projects will be maintained at 

15 a level at least equal to the average level of that expendi16 ture by the State and political subdivisions of the State 

17 for the last two State or Federal fiscal years before Octo18 ber 1, 2003. 

19 ‘‘(c) GOVERNMENT SHARE.—The Secretary may 

20 make a grant to a State agency, local government, or other 

21 person for the full cost of research, development, dem22 onstration projects, public education, and other special ac23 tivities and projects relating to cross-border operations of 

24 commercial motor vehicles that are beneficial to all juris-
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1 dictions or designed to address national safety concerns 

2 and circumstances. 

3 ‘‘(d) AVAILABILITY OF AMOUNTS.—Amounts made 

4 available to a State under section 4001(c)(2) of the Safe, 

5 Accountable, Flexible, and Efficient Transportation Eq6 uity Act of 2003 to carry out this section shall remain 

7 available until expended. 

8 ‘‘(e) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap9 proval by the Secretary of a grant with funds made avail10 able under section 4001(c)(2) of the Safe, Accountable, 

11 Flexible, and Efficient Transportation Equity Act of 2003 

12 imposes upon the United States Government contractual 

13 obligation for payment of the amount of the grant.’’. 

14 (c) GRANTS TO STATES FOR COMMERCIAL DRIVER’S

15 LICENSE IMPROVEMENTS.—Chapter 313 of title 49, 

16 United States Code, is amended by adding new section 

17 31318 at the end, to read as follows: 

18 ‘‘§ 31318. Grants for commercial driver’s license pro19 gram improvements 

20 ‘‘(a) GENERAL AUTHORITY.—From the funds au21 thorized by section 4001(c)(1) of the Safe, Accountable, 

22 Flexible, and Efficient Transportation Equity Act of 

23 2003, the Secretary may make a grant to a State, except 

24 as otherwise provided in subsection (e), in a fiscal year 

25 to improve its implementation of the commercial driver’s 
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1 license program, providing the State is in substantial com2 pliance with the requirements of section 31311 and this 

3 section. The Secretary shall establish criteria for the dis4 tribution of grants and notify the States annually of such 

5 criteria. 

6 ‘‘(b) CONDITIONS.—Except as otherwise provided in 

7 subsection (e), a State may use a grant under this section 

8 only for expenses directly related to its commercial driver’s 

9 license program, including, but not limited to, computer 

10 hardware and software, publications, testing, personnel, 

11 training, and quality control. The grant may not be used 

12 to rent, lease, or buy land or buildings. The Secretary may 

13 allocate the funds appropriated for such grants in a fiscal 

14 year among the eligible States whose applications for 

15 grants have been approved, under criteria that best serve 

16 the purposes of this section. 

17 ‘‘(c) MAINTENANCE OF EXPENDITURES.—Except as 

18 otherwise provided in subsection (e), the Secretary may 

19 make a grant to a State under this section only if the 

20 State agrees that the total expenditure of amounts of the 

21 State and political subdivisions of the State, exclusive of 

22 United States Government amounts, for the operation of 

23 the commercial driver’s license program will be maintained 

24 at a level at least equal to the average level of that expend-
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1 iture by the State and political subdivisions of the State 

2 for the last 2 fiscal years before October 1, 2003. 

3 ‘‘(d) GOVERNMENT SHARE.—Except as otherwise 

4 provided in subsection (e), the Secretary shall reimburse 

5 a State, from a grant made under this section, an amount 

6 that is not more than 80 percent of the costs incurred 

7 by the State in a fiscal year in implementing the commer8 cial driver’s license improvements described in subsection 

9 (b). In determining those costs, the Secretary shall include 

10 in-kind contributions by the State. Amounts of the State 

11 required to be expended under subsection (c) may not be 

12 included as part of the share not provided by the United 

13 States Government. 

14 ‘‘(e) HIGH-PRIORITY ACTIVITIES.—

15 ‘‘(1) The Secretary may make a grant to a 

16 State agency, local government, or other person for 

17 the full cost of research, development, demonstration 

18 projects, public education, or other special activities 

19 and projects relating to commercial driver licensing 

20 and motor vehicle safety that are of benefit to all ju21 risdictions or designed to address national safety 

22 concerns and circumstances. 

23 ‘‘(2) The Secretary may designate up to 10 per24 cent of the amounts made available under section 

25 4001(c)(1) of the Safe, Accountable, Flexible, and 
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1 Efficient Transportation Equity Act of 2003 in a 

2 fiscal year for high-priority activities under sub3 section (e)(1). 

4 ‘‘(f) EMERGING ISSUES.—The Secretary may des5 ignate up to 25 percent of the amounts made available 

6 under section 4001(c)(1) of the Safe, Accountable, Flexi7 ble, and Efficient Transportation Equity Act of 2003 in 

8 a fiscal year for allocation to a State agency, local govern9 ment, or other person at the discretion of the Secretary 

10 to address emerging issues relating to commercial driver’s 

11 license improvements. 

12 ‘‘(g) GOVERNMENT SHARE.—Except as otherwise 

13 provided in subsections (e) and (f), all amounts available 

14 in a fiscal year to carry out this section shall be appor15 tioned to States according to a formula prescribed by the 

16 Secretary. 

17 ‘‘(h) DEDUCTION FOR ADMINISTRATIVE EX18 PENSES.—On October 1 of each fiscal year or as soon 

19 after that date as practicable, the Secretary may deduct, 

20 from amounts made available under section 4001(c)(1) of 

21 the Safe, Accountable, Flexible, and Efficient Transpor22 tation Equity Act of 2003 for that fiscal year, up to 1.25 

23 percent of those amounts for administrative expenses in24 curred in carrying out this section in that fiscal year. 
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1 ‘‘(i) AVAILABILITY OF AMOUNTS.—Amounts made 

2 available to a State under section 4001(c)(1) of the Safe, 

3 Accountable, Flexible, and Efficient Transportation Eq4 uity Act of 2003 to carry out this section shall remain 

5 available until expended. 

6 ‘‘(j) GRANTS AS CONTRACTUAL OBLIGATIONS.—Ap7 proval by the Secretary of a grant with funds made avail8 able under section 4001(c)(1) of the Safe, Accountable, 

9 Flexible, and Efficient Transportation Equity Act of 2003 

10 imposes upon the United States Government a contractual 

11 obligation for payment of the amount of the grant.’’. 

12 (d) NONCOMPLIANCE WITH CDL REQUIREMENTS.—

13 Subsections (a) and (b) of section 31314 of title 49, 

14 United States Code, are amended to read as follows: 

15 ‘‘(a) FIRST FISCAL YEAR.—The Secretary of Trans16 portation shall withhold up to 5 percent of the amount 

17 required to be apportioned to a State under section 

18 104(b)(1), (3), and (4) of title 23 on the first day of the 

19 fiscal year after the first fiscal year beginning after Sep20 tember 30, 1992, throughout which the State does not 

21 comply substantially with a requirement of section 

22 31311(a) of this title. 

23 ‘‘(b) SECOND FISCAL YEAR.—The Secretary shall 

24 withhold up to 10 percent of the amount required to be 

25 apportioned to a State under section 104(b)(1), (3), and 
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1 (4) of title 23 on the first day of each fiscal year after 

2 the 2d fiscal year beginning after September 30, 1992, 

3 throughout which the State does not comply substantially 

4 with a requirement of section 31311(a) of this title.’’. 

5 (e) CONFORMING AMENDMENTS.—

6 (1) The table of sections at the beginning of 

7 chapter 311 of title 49, United States Code, is 

8 amended by—

9 (A) revising the heading of Subchapter I to 

10 read as follows: 

11 ‘‘Subchapter I—General Authority and State 

12 Grants 

13 and 

14 (B) revising the item relating to section 

15 31107 to read as follows:

‘‘31107. Border enforcement grants.’’.

16 (2) Chapter 311 of title 49, United States 

17 Code, is amended following the table of sections by 

18 striking—

19 ‘‘Subchapter I—State Grants’’

20 and substituting—

21 ‘‘Subchapter I—General Authority and State 

22 Grants’’. 

23 (3) The table of sections at the beginning of 

24 chapter 313 of title 49, United States Code, is 
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1 amended after the item relating to section 31317 by 

2 adding the following:

‘‘31318. Grants for commercial driver’s license program improvements.’’.

3 SEC. 4003. HOBBS ACT. 

4 (a) Section 2342(3)(A) of title 28, United States 

5 Code, is amended to read as follows: 

6 ‘‘(A) the Secretary of Transportation issued 

7 pursuant to section 2, 9, 37, or 41 of the Shipping 

8 Act, 1916 (46 U.S.C. App. 802, 803, 808, 835, 839, 

9 and 841a) or pursuant to part B or C of subtitle IV 

10 of title 49 [49 U.S.C. chapters 131–161] or pursu11 ant to subchapter III of chapter 311, chapter 313, 

12 and chapter 315 of Part B of subtitle VI of title 49; 

13 and’’. 

14 (b) Section 351(a) of title 49, United States Code, 

15 is amended to read as follows: 

16 ‘‘(a) JUDICIAL REVIEW.—An action of the Secretary 

17 of Transportation in carrying out a duty or power trans18 ferred under the Department of Transportation Act (Pub19 lic Law 89–670, 80 Stat. 931), or an action of the Admin20 istrator of the Federal Railroad Administration, Federal 

21 Motor Carrier Safety Administration, or the Federal Avia22 tion Administration in carrying out a duty or power spe23 cifically assigned to the Administrator by that Act, may 

24 be reviewed judicially to the same extent and in the same 

25 way as if the action had been an action by the department, 
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1 agency, or instrumentality of the United States Govern2 ment carrying out the duty or power immediately before 

3 the transfer or assignment.’’. 

4 (c) Section 352 of title 49, United States Code, is 

5 amended to read as follows: 

6 ‘‘§ 352. Authority to carry out certain transferred du7 ties and powers 

8 ‘‘In carrying out a duty or power transferred under 

9 the Department of Transportation Act (Public Law 89–

10 670, 80 Stat. 931), the Secretary of Transportation and 

11 the Administrators of the Federal Railroad Administra12 tion, the Federal Motor Carrier Safety Administration, 

13 and the Federal Aviation Administration have the same 

14 authority that was vested in the department, agency, or 

15 instrumentality of the United States Government carrying 

16 out the duty or power immediately before the transfer. An 

17 action of the Secretary or Administrator in carrying out 

18 the duty or power has the same effect as when carried 

19 out by the department, agency, or instrumentality.’’. 

20 SEC. 4004. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 

21 Section 521(b)(2) of title 49, United States Code, is 

22 amended by adding new subparagraph (E) at the end, to 

23 read as follows: 

24 ‘‘(E) COPYING OF RECORDS AND ACCESS

25 TO EQUIPMENT, LANDS, AND BUILDINGS.—A 
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1 person subject to chapter 51 of subtitle III, 

2 part B of subtitle IV, or part B of subtitle VI 

3 of this title who fails to allow the Secretary, or 

4 an employee designated by the Secretary, 

5 promptly upon demand to inspect and copy any 

6 record or inspect and examine equipment, 

7 lands, buildings and other property in accord8 ance with sections 504(c), 5121(c), and 

9 14122(b) of this title shall be liable to the 

10 United States for a civil penalty not to exceed 

11 $500 for each offense, and each day the Sec12 retary is denied the right to inspect and copy 

13 any record or inspect and examine equipment, 

14 lands, buildings and other property shall con15 stitute a separate offense, except that the total 

16 of all civil penalties against any violator for all 

17 offenses related to a single violation shall not 

18 exceed $5,000. It shall be a defense to such 

19 penalty that the records did not exist at the 

20 time of the Secretary’s request or could not be 

21 timely produced without unreasonable expense 

22 or effort. Nothing herein amends or supersedes 

23 any remedy available to the Secretary under 

24 sections 502(d), 507(c), or other provision of 

25 this title.’’. 
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1 SEC. 4005. MEDICAL REVIEW BOARD AND MEDICAL EXAM2 INERS. 

3 (a) MEDICAL REVIEW BOARD.—

4 (1) ESTABLISHMENT AND FUNCTION.—The 

5 Federal Motor Carrier Safety Administrator shall es6 tablish a Medical Review Board as an advisory com7 mittee to provide the Federal Motor Carrier Safety 

8 Administration with medical advice and rec9 ommendations on driver qualification medical stand10 ards and guidelines, medical examiner education, 

11 and medical research. 

12 (2) COMPOSITION.—The Medical Review Board 

13 shall be appointed by the Secretary and shall consist 

14 of 5 members selected from medical institutions and 

15 private practice. The membership shall reflect exper16 tise in a variety of specialties relevant to the func17 tions of the Federal Motor Carrier Safety Adminis18 tration. 

19 (3) TERMINATION DATE.—The Medical Review 

20 Board shall remain in effect until September 30, 

21 2009. 

22 (b) MEDICAL EXAMINERS.—Section 31136(a)(3) of 

23 title 49, United States Code, is amended to read as fol24 lows: 

25 ‘‘(3) the physical condition of operators of com26 mercial motor vehicles is adequate to enable them to 
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1 operate the vehicles safely, and the periodic physical 

2 examinations required of such operators are per3 formed by medical examiners who have received 

4 training in physical and medical examination stand5 ards and are listed on a national registry maintained 

6 by the Department of Transportation;’’. 

7 SEC. 4006. ENFORCEMENT OF HOUSEHOLD GOODS REGU8 LATIONS. 

9 (a) DISPUTE SETTLEMENT PROGRAM FOR HOUSE10 HOLD GOODS CARRIERS.—

11 ‘‘(1) Section 14708(a) of title 49, United States 

12 Code, is amended to read as follows: 

13 ‘‘(a) SHIPPER ARBITRATION.—

14 ‘‘(1) As a condition of registration under sec15 tion 13902 or 13903, a carrier providing transpor16 tation of household goods subject to jurisdiction 

17 under subchapter I or III of chapter 135 must agree 

18 to offer in accordance with this section to shippers 

19 of household goods arbitration as a means of settling 

20 disputes between such carriers and shippers. How21 ever, the carrier may not require the shipper to 

22 agree to use arbitration prior to the time that a dis23 pute arises. 

24 ‘‘(2) If the dispute involves a claim for $5,000 

25 or less and the shipper requests arbitration, such ar-
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1 bitration shall be binding on the parties. If the dis2 pute involves a claim for more than $5,000 and the 

3 shipper requests arbitration, such arbitration shall 

4 be binding on the parties only if the carrier agrees 

5 to arbitration.’’. 

6 (2) Subsection (b)(6) of section 14708 is de7 leted, and subsections (b)(7) and (b)(8) are redesig8 nated as subsections (b)(6) and (b)(7), respectively. 

9 (b)(1) Chapter 147 of title 49, United States Code, 

10 is amended by adding new section 14710 at the end, to 

11 read as follows: 

12 ‘‘§ 14710. Enforcement by State attorneys general 

13 ‘‘(a) IN GENERAL.—A State, as parens patriae, may 

14 bring a civil action on behalf of its residents in an appro15 priate district court of the United States to enforce this 

16 part, or a regulation or order of the Secretary or Board, 

17 as applicable, or to impose the civil penalties authorized 

18 by this part or such regulation or order, whenever the at19 torney general of the State has reason to believe that the 

20 interests of the residents of the State have been or are 

21 being threatened or adversely affected by (1) a carrier or 

22 broker providing transportation subject to jurisdiction 

23 under subchapter I or III of chapter 135 of this title, or 

24 (2) a foreign motor carrier providing transportation reg25 istered under section 13902 of this title, that is engaged 
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1 in household goods transportation that violates this part 

2 or a regulation or order of the Secretary or Board, as ap3 plicable. 

4 ‘‘(b) NOTICE.—The State shall serve prior written 

5 notice of any civil action under subsection (a) or (e)(2) 

6 upon the Secretary or Board, as applicable, and provide 

7 the Secretary or Board with a copy of its complaint, except 

8 that if it is not feasible for the State to provide such prior 

9 notice, the State shall serve such notice immediately upon 

10 instituting such action. Upon receiving a notice respecting 

11 a civil action, the Secretary or Board shall have the 

12 right—

13 ‘‘(1) to intervene in such action; 

14 ‘‘(2) upon so intervening, to be heard on all 

15 matters arising therein; and 

16 ‘‘(3) to file petitions for appeal. 

17 ‘‘(c) CONSTRUCTION.—For purposes of bringing any 

18 civil action under subsection (a), nothing in this Act shall 

19 prevent an attorney general from exercising the powers 

20 conferred on the attorney general by the laws of such 

21 State to conduct investigations or to administer oaths or 

22 affirmations or to compel the attendance of witnesses or 

23 the production of documentary and other evidence. 

24 ‘‘(d) VENUE; SERVICE OF PROCESS.—In a civil ac25 tion brought under subsection (a) of this section—
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1 ‘‘(1) trial is in the judicial district in which—

2 ‘‘(A) the carrier, foreign motor carrier, or 

3 broker operates; 

4 ‘‘(B) the carrier, foreign motor carrier, or 

5 broker was authorized to provide transportation 

6 or service under this part when the violation oc7 curred; or 

8 ‘‘(C) the offender is found; 

9 ‘‘(2) process may be served without regard to 

10 the territorial limits of the district or of the State 

11 in which the action is instituted; and 

12 ‘‘(3) a person participating with a carrier or 

13 broker in a violation may be joined in the civil action 

14 without regard to the residence of the person. 

15 ‘‘(e) ACTIONS BY OTHER STATE OFFICIALS.—

16 ‘‘(1) Nothing contained in this section shall 

17 prohibit an authorized State official from proceeding 

18 in State court on the basis of an alleged violation of 

19 any criminal statute of such State. 

20 ‘‘(2) In addition to actions brought by an attor21 ney general of a State under subsection (a), such an 

22 action may be brought by officers of such State who 

23 are authorized by the State to bring actions in such 

24 State on behalf of its residents.’’. 
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1 (2) CONFORMING AMENDMENT.—The table of sec2 tions at the beginning of chapter 147 of title 49, United 

3 States Code, is amended by inserting after the item relat4 ing to section 14709 the following:

‘‘14710. Enforcement by State attorneys general.’’.

5 SEC. 4007. REGISTRATION OF COMMERCIAL MOTOR CAR6 RIERS, FREIGHT FORWARDERS, AND BRO7 KERS. 

8 (a) Sections 13102(6), (7), (12) and (13) of title 49, 

9 United States Code, are amended to read as follows: 

10 ‘‘(6) FOREIGN MOTOR CARRIER.—The term 

11 ‘foreign motor carrier’ means a person (including a 

12 motor carrier of property but excluding a motor pri13 vate carrier)—

14 ‘‘(A)(i) that is domiciled in a contiguous 

15 foreign country; or 

16 ‘‘(ii) that is owned or controlled by persons 

17 of a contiguous foreign country; and 

18 ‘‘(B) in the case of a person that is not a 

19 motor carrier of property, that provides inter20 state transportation of property by commercial 

21 motor vehicle, as defined in section 31132(1) of 

22 this title, under an agreement or contract en23 tered into with a motor carrier of property 

24 (other than a motor private carrier or a motor 
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1 carrier of property described in subparagraph 

2 (A)). 

3 ‘‘(7) FOREIGN MOTOR PRIVATE CARRIER.—The 

4 term ‘foreign motor private carrier’ means a person 

5 (including a motor private carrier but excluding a 

6 motor carrier of property)—

7 ‘‘(A)(i) that is domiciled in a contiguous 

8 foreign country; or 

9 ‘‘(ii) that is owned or controlled by persons 

10 of a contiguous foreign country; and 

11 ‘‘(B) in the case of a person that is not a 

12 motor private carrier, that provides interstate 

13 transportation of property by commercial motor 

14 vehicle, as defined in section 31132(1) of this 

15 title, under an agreement or contract entered 

16 into with a person (other than a motor carrier 

17 of property or a motor private carrier described 

18 in subparagraph (A)).’’

19 ‘‘(12) MOTOR CARRIER.—The term ‘motor car20 rier’ means a person providing transportation for 

21 compensation by commercial motor vehicle, as de22 fined in section 31132(1) of this title. 

23 ‘‘(13) MOTOR PRIVATE CARRIER.—The term 

24 ‘motor private carrier’ means a person, other than a 

25 motor carrier, transporting property by commercial 
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1 motor vehicle, as defined in section 31132(1) of this 

2 title, when—

3 ‘‘(A) the transportation is as provided in 

4 section 13501 of this title; 

5 ‘‘(B) the person is the owner, lessee, or 

6 bailee of the property being transported; and

7 ‘‘(C) the property is being transported for 

8 sale, lease, rent, or bailment or to further a 

9 commercial enterprise.’’. 

10 (b) Section 13903(a) of title 49, United States Code, 

11 is amended to read as follows: 

12 ‘‘(a) IN GENERAL.—

13 ‘‘(1) The Secretary of Transportation shall reg14 ister a person to provide service subject to jurisdic15 tion under subchapter III of chapter 135 as a 

16 freight forwarder of household goods if the Secretary 

17 finds that the person is fit, willing, and able to pro18 vide the service and to comply with this part and ap19 plicable regulations of the Secretary and the Board. 

20 ‘‘(2) The Secretary may register a person to 

21 provide service subject to jurisdiction under sub22 chapter III of chapter 135 as a freight forwarder if 

23 the Secretary finds that such registration is needed 

24 for the protection of shippers and that the person is 

25 fit, willing, and able to provide the service and to 
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1 comply with this part and applicable regulations of 

2 the Secretary and Board.’’. 

3 (c) Section 13904(a) of title 49, United States Code, 

4 is amended to read as follows: 

5 ‘‘(a) IN GENERAL.—

6 ‘‘(1) The Secretary of Transportation shall reg7 ister, subject to section 13906(b), a person to be a 

8 broker for transportation of household goods subject 

9 to jurisdiction under subchapter I of chapter 135, if 

10 the Secretary finds that the person is fit, willing, 

11 and able to be a broker for transportation of house12 hold goods and to comply with this part and applica13 ble regulations of the Secretary. 

14 ‘‘(2) The Secretary may register, subject to sec15 tion 13906(b), a person to be a broker for transpor16 tation of other property subject to jurisdiction under 

17 subchapter I of chapter 135, if the Secretary finds 

18 that such registration is needed for the protection of 

19 shippers and that the person is fit, willing, and able 

20 to be a broker for transportation and to comply with 

21 this part and applicable regulations of the Sec22 retary.’’. 
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1 SEC. 4008. FINANCIAL RESPONSIBILITY FOR PRIVATE 

2 MOTOR CARRIERS. 

3 (a)(1) Section 31138(a) of title 49, United States 

4 Code, is amended to read as follows: 

5 ‘‘(a) GENERAL REQUIREMENT.—The Secretary of 

6 Transportation shall prescribe regulations to require min7 imum levels of financial responsibility sufficient to satisfy 

8 liability amounts established by the Secretary covering 

9 public liability and property damage for the transportation 

10 of passengers by motor vehicle in the United States be11 tween a place in a State and—

12 ‘‘(1) a place in another State; 

13 ‘‘(2) another place in the same State through a 

14 place outside of that State; or 

15 ‘‘(3) a place outside the United States.’’. 

16 (2) Section 31138(c) of title 49, United States Code, 

17 is amended by adding paragraph (4) at the end, to read 

18 as follows: 

19 ‘‘(4) The Secretary may require a person, other 

20 than a motor carrier as defined in section 13102(12) 

21 of this title, transporting passengers by motor vehi22 cle to file with the Secretary the evidence of finan23 cial responsibility specified in subsection (c)(1) of 

24 this section in an amount not less than that required 

25 by this section, and the laws of the State or States 

26 in which the person is operating, to the extent appli-
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1 cable. The amount of the financial responsibility 

2 must be sufficient to pay, not more than the amount 

3 of the financial responsibility, for each final judg4 ment against the person for bodily injury to, or 

5 death of, an individual resulting from the negligent 

6 operation, maintenance, or use of motor vehicles, or 

7 for loss or damage to property, or both.’’. 

8 (b)(1) Section 31139(b)(1) of title 49, United States 

9 Code, is amended to read as follows: 

10 ‘‘(b) GENERAL REQUIREMENTS AND MINIMUM

11 AMOUNT.—

12 ‘‘(1) The Secretary of Transportation shall pre13 scribe regulations to require minimum levels of fi14 nancial responsibility sufficient to satisfy liability 

15 amounts established by the Secretary covering public 

16 liability, property damage, and environmental res17 toration for the transportation of property by motor 

18 vehicle in the United States between a place in a 

19 State and—

20 ‘‘(A) a place in another State; 

21 ‘‘(B) another place in the same State 

22 through a place outside of that State; or 

23 ‘‘(C) a place outside the United States.’’. 

24 (2) Subsections (c) through (g) of section 31139 of 

25 title 49, United States Code, are redesignated as sub-
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1 sections (d) through (h), and new subsection (c) is in2 serted after subsection (b), to read as follows: 

3 ‘‘(c) FILING OF EVIDENCE OF FINANCIAL RESPONSI4 BILITY.—The Secretary may require a motor private car5 rier, as defined in section 13102 of this title, to file with 

6 the Secretary the evidence of financial responsibility speci7 fied in subsection (b) of this section in an amount not 

8 less than that required by this section, and the laws of 

9 the State or States in which the motor private carrier is 

10 operating, to the extent applicable. The amount of the fi11 nancial responsibility must be sufficient to pay, not more 

12 than the amount of the financial responsibility, for each 

13 final judgment against the motor private carrier for bodily 

14 injury to, or death of, an individual resulting from neg15 ligent operation, maintenance, or use of motor vehicles, 

16 or for loss or damage to property, or both.’’. 

17 SEC. 4009. INCREASED PENALTIES FOR OUT-OF-SERVICE 

18 VIOLATIONS AND FALSE RECORDS. 

19 (a) Section 521(b)(2)(B) of title 49, United States 

20 Code, is amended to read as follows: 

21 ‘‘(B) RECORDKEEPING AND REPORTING

22 VIOLATIONS.—A person required to make a re23 port to the Secretary, answer a question, or 

24 make, prepare, or preserve a record under sec25 tion 504 of this title or under any regulation 
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1 issued by the Secretary pursuant to subchapter 

2 III of chapter 311 (except sections 31138 and 

3 31139) or section 31502 of this title about 

4 transportation by motor carrier, motor carrier 

5 of migrant workers, or motor private carrier, or 

6 an officer, agent, or employee of that person—

7 ‘‘(i) who does not make that report, 

8 does not specifically, completely, and truth9 fully answer that question in 30 days from 

10 the date the Secretary requires the ques11 tion to be answered, or does not make, pre12 pare, or preserve that record in the form 

13 and manner prescribed by the Secretary, 

14 shall be liable to the United States for a 

15 civil penalty in an amount not to exceed 

16 $1,000 for each offense, and each day of 

17 the violation shall constitute a separate of18 fense, except that the total of all civil pen19 alties assessed against any violator for all 

20 offenses related to any single violation 

21 shall not exceed $10,000; or 

22 ‘‘(ii) who knowingly falsifies, destroys, 

23 mutilates, or changes a required report or 

24 record, knowingly files a false report with 

25 the Secretary, knowingly makes or causes 
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1 or permits to be made a false or incom2 plete entry in that record about an oper3 ation or business fact or transaction, or 

4 knowingly makes, prepares, or preserves a 

5 record in violation of a regulation or order 

6 of the Secretary, shall be liable to the 

7 United States for a civil penalty in an 

8 amount not to exceed $10,000 for each 

9 violation, if any such action can be shown 

10 to have misrepresented a fact that con11 stitutes a violation other than a reporting 

12 or recordkeeping violation.’’. 

13 (b) Section 31310(i)(2) of title 49, United States 

14 Code, is amended to read as follows: 

15 ‘‘(2) The Secretary shall prescribe regulations 

16 establishing sanctions and penalties related to viola17 tions of out-of-service orders by individuals oper18 ating commercial motor vehicles. The regulations 

19 shall require at least that—

20 ‘‘(A) an operator of a commercial motor 

21 vehicle found to have committed a first violation 

22 of an out-of-service order shall be disqualified 

23 from operating such a vehicle for at least 180 

24 days and liable for a civil penalty of at least 

25 $2,500; 
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1 ‘‘(B) an operator of a commercial motor 

2 vehicle found to have committed a second viola3 tion of an out-of-service order shall be disquali4 fied from operating such a vehicle for at least 

5 2 years and not more than 5 years and liable 

6 for a civil penalty of at least $5,000; 

7 ‘‘(C) an employer that knowingly allows or 

8 requires an employee to operate a commercial 

9 motor vehicle in violation of an out-of-service 

10 order shall be liable for a civil penalty of not 

11 more than $25,000; and 

12 ‘‘(D) an employer that knowingly and will13 fully allows or requires an employee to operate 

14 a commercial motor vehicle in violation of an 

15 out-of-service order shall, upon conviction, be 

16 subject for each offense to imprisonment for a 

17 term not to exceed one year or a fine under title 

18 18, United States Code, or both.’’. 

19 SEC. 4010. ELIMINATION OF COMMODITY AND SERVICE EX20 EMPTIONS. 

21 (a) Section 13506(a) of title 49, United States Code, 

22 is amended—

23 (1) by deleting paragraphs (2), (6), (11), (12), 

24 (13), and (15); and 
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1 (2) by redesignating paragraphs (3), (4), (5), 

2 (7), (8), (9), (10), and (14) as paragraphs (2), (3), 

3 (4), (5), (6), (7), (8), and (9), respectively. 

4 (b) The first sentence of section 13507 of title 49, 

5 United States Code, is amended to read as follows: ‘‘A 

6 motor carrier of property providing transportation exempt 

7 from jurisdiction under paragraph (6) of section 13506(a) 

8 may transport property under such paragraph in the same 

9 vehicle and at the same time as property which the carrier 

10 is authorized to transport under a registration issued 

11 under section 13902(a).’’. 

12 SEC. 4011. INTRASTATE OPERATIONS OF INTERSTATE 

13 MOTOR CARRIERS. 

14 (a) Subsection (a) of section 31144 of title 49, United 

15 States Code, is amended to read as follows: 

16 ‘‘(a) IN GENERAL.—The Secretary shall—

17 ‘‘(1) determine whether an owner or operator is 

18 fit to operate safely commercial motor vehicles, uti19 lizing among other things the accident record of an 

20 owner or operator operating in interstate commerce 

21 and the accident record and safety inspection record 

22 of such owner or operator in operations that affect 

23 interstate commerce; 

24 ‘‘(2) periodically update such safety fitness de25 terminations; 
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1 ‘‘(3) make such final safety fitness determina2 tions readily available to the public; and 

3 ‘‘(4) prescribe by regulation penalties for viola4 tions of this section consistent with section 521.’’. 

5 (b) Subsection (c) of section 31144 of title 49, United 

6 States Code, is amended by adding new paragraph (5) at 

7 the end, to read as follows: 

8 ‘‘(5) TRANSPORTATION AFFECTING INTER9 STATE COMMERCE.—Owners or operators of com10 mercial motor vehicles prohibited from operating in 

11 interstate commerce pursuant to paragraphs (1) 

12 through (3) of this section may not operate any 

13 commercial motor vehicle that affects interstate 

14 commerce until the Secretary determines that such 

15 owner or operator is fit.’’. 

16 (c) Subsections (d) and (e) of section 31144 of title 

17 49, United States Code, are redesignated as subsections 

18 (e) and (f), respectively, and new subsection (d) is added 

19 after subsection (c), to read as follows: 

20 ‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—

21 If a State that receives Motor Carrier Safety Assistance 

22 Program funds pursuant to section 31102 of this title de23 termines, by applying the standards prescribed by the Sec24 retary under subsection (b) of this section, that an owner 

25 or operator of commercial motor vehicles that has its prin-
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1 cipal place of business in that State and operates in intra2 state commerce is unfit under such standards and pro3 hibits the owner or operator from operating such vehicles 

4 in the State, the Secretary shall prohibit the owner or op5 erator from operating such vehicles in interstate commerce 

6 until the State determines that the owner or operator is 

7 fit.’’. 

8 SEC. 4012. AUTHORITY TO STOP COMMERCIAL MOTOR VE9 HICLES.

10 (a) Chapter 2 of title 18, United States Code, is 

11 amended by adding at the end new section 38, to read 

12 as follows: 

13 ‘‘§ 38. Commercial motor vehicles required to stop for 

14 inspections 

15 ‘‘(a) A driver of a commercial motor vehicle, as de16 fined in 49 U.S.C. 31132(1), shall stop and submit to in17 spection of the vehicle, driver, cargo, and required records 

18 when directed to do so by a uniformed special agent of 

19 the Federal Motor Carrier Safety Administration, Depart20 ment of Transportation, at or in the vicinity of an inspec21 tion site. The driver shall not leave the inspection site until 

22 authorized to do so by an agent. 

23 ‘‘(b) A driver of a commercial motor vehicle, as de24 fined in subsection (a), who knowingly fails to stop for 

25 inspection when directed to do so by a uniformed special 
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1 agent of the Federal Motor Carrier Safety Administration 

2 at or in the vicinity of an inspection site, or leaves the 

3 inspection site without authorization, shall be fined under 

4 this title or imprisoned not more than one year, or both.’’. 

5 (b) Chapter 203 of title 18, United States Code, is 

6 amended by adding at the end new section 3064, to read 

7 as follows: 

8 ‘‘§ 3064. Powers of Federal Motor Carrier Safety Ad9 ministration 

10 ‘‘Uniformed special agents of the Federal Motor Car11 rier Safety Administration may direct a driver of a com12 mercial motor vehicle, as defined in 49 U.S.C. 31132(1), 

13 to stop for inspection of the vehicle, driver, cargo, and re14 quired records at or in the vicinity of an inspection site.’’. 

15 (c) CONFORMING AMENDMENTS.—

16 (1) The table of sections at the beginning of 

17 chapter 2 of title 18, United States Code, is amend18 ed by inserting after the item relating to section 37 

19 the following:

‘‘38. Commercial motor vehicles required to stop for inspections.’’.

20 (2) The table of sections at the beginning of 

21 chapter 203 of title 18, United States Code, is 

22 amended by inserting after the item relating to sec23 tion 3063 the following:

‘‘3064. Powers of the Federal Motor Carrier Safety Administration.’’.
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1 SEC. 4013. PATTERN OF SAFETY VIOLATIONS BY MOTOR 

2 CARRIER MANAGEMENT. 

3 (a) Section 31135 of title 49, United States Code, 

4 is amended by designating the existing text as subsection 

5 ‘‘(a) IN GENERAL.—’’ and adding new subsections (b), 

6 (c), (d), and (e), to read as follows: 

7 ‘‘(b) PATTERN OF NON-COMPLIANCE.—If an officer 

8 of a motor carrier engages in a pattern or practice of 

9 avoiding compliance, or masking or otherwise concealing 

10 non-compliance, with regulations on commercial motor ve11 hicle safety prescribed under this subchapter, the Sec12 retary may suspend, amend, or revoke any part of the 

13 motor carrier’s registration under section 13905 of this 

14 title. 

15 ‘‘(c) LIST OF PROPOSED OFFICERS.—Each person 

16 seeking registration as a motor carrier under section 

17 13902 of this title shall submit a list of the proposed offi18 cers of the motor carrier. If the Secretary determines that 

19 any of the proposed officers has previously engaged in a 

20 pattern or practice of avoiding compliance, or masking or 

21 otherwise concealing non-compliance, with regulations on 

22 commercial motor vehicle safety prescribed under this 

23 chapter, the Secretary may deny the person’s application 

24 for registration as a motor carrier under section 

25 13902(a)(3). 
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1 ‘‘(d) REGULATIONS.—The Secretary shall by regula2 tion establish standards to implement subsections (b) and 

3 (c). 

4 ‘‘(e) DEFINITIONS.—In this section—

5 ‘‘(1) ‘motor carrier’ has the same meaning as in 

6 section 13102(12) of this title; and 

7 ‘‘(2) ‘officer’ means an owner, chief executive 

8 officer, chief operating officer, chief financial officer, 

9 safety director, vehicle maintenance supervisor and 

10 driver supervisor of a motor carrier, regardless of 

11 the title attached to those functions.’’. 

12 (b) Section 13902(a)(1)(B) of title 49, United States 

13 Code, is amended to read as follows: 

14 ‘‘(B) any safety regulations imposed by the 

15 Secretary; the duties of employers and employ16 ees established by the Secretary under section 

17 31135; and the safety fitness requirements es18 tablished by the Secretary under section 31144; 

19 and’’. 

20 SEC. 4014. MOTOR CARRIER RESEARCH AND TECHNOLOGY 

21 PROGRAM. 

22 (a) IN GENERAL.—Title 49, United States Code, is 

23 amended by repealing section 31108 and inserting the fol24 lowing new section, to read as follows: 
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1 ‘‘§ 31108. Motor carrier research and technology pro2 gram 

3 ‘‘(a) RESEARCH, TECHNOLOGY AND TECHNOLOGY

4 TRANSFER ACTIVITIES.—

5 ‘‘(1) The Secretary of Transportation shall es6 tablish and carry out a motor carrier research and 

7 technology program. The Secretary may carry out 

8 research, development, technology, and technology 

9 transfer activities with respect to—

10 ‘‘(A) the causes of accidents, injuries and 

11 fatalities involving commercial motor vehicles; 

12 and 

13 ‘‘(B) means of reducing the number and 

14 severity of accidents, injuries and fatalities in15 volving commercial motor vehicles. 

16 ‘‘(2) The Secretary may test, develop, or assist 

17 in testing and developing any material, invention, 

18 patented article, or process related to the research 

19 and technology program. 

20 ‘‘(3) The Secretary may use the funds appro21 priated to carry out this section for training or edu22 cation of commercial motor vehicle safety personnel, 

23 including, but not limited to, training in accident re24 construction and detection of controlled substances 

25 or other contraband, and stolen cargo or vehicles. 
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1 ‘‘(4) The Secretary may carry out this sec2 tion—

3 ‘‘(A) independently; 

4 ‘‘(B) in cooperation with other Federal de5 partments, agencies, and instrumentalities and 

6 Federal laboratories; or 

7 ‘‘(C) by making grants to, or entering into 

8 contracts, cooperative agreements, and other 

9 transactions with, any Federal laboratory, State 

10 agency, authority, association, institution, for11 profit or non-profit corporation, organization, 

12 foreign country, or person. 

13 ‘‘(5) The Secretary shall use funds made avail14 able to carry out this section to develop, administer, 

15 communicate, and promote the use of products of re16 search, technology, and technology transfer pro17 grams under this section. 

18 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP19 MENT.—

20 ‘‘(1) To advance innovative solutions to prob21 lems involving commercial motor vehicle and motor 

22 carrier safety, security, and efficiency, and to stimu23 late the deployment of emerging technology, the Sec24 retary may carry out, on a cost-shared basis, col25 laborative research and development with—
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1 ‘‘(A) non-Federal entities, including State 

2 and local governments, foreign governments, 

3 colleges and universities, corporations, institu4 tions, partnerships, and sole proprietorships 

5 that are incorporated or established under the 

6 laws of any State; and 

7 ‘‘(B) Federal laboratories. 

8 ‘‘(2) In carrying out this subsection, the Sec9 retary may enter into cooperative research and de10 velopment agreements (as defined in section 12 of 

11 the Stevenson-Wydler Technology Innovation Act of 

12 1980 (15 U.S.C. 3710a)). 

13 ‘‘(3)(A) The Federal share of the cost of activi14 ties carried out under a cooperative research and de15 velopment agreement entered into under this sub16 section shall not exceed 50 percent, except that if 

17 there is substantial public interest or benefit, the 

18 Secretary may approve a greater Federal share. 

19 ‘‘(B) All costs directly incurred by the non-Fed20 eral partners, including personnel, travel, and hard21 ware or software development costs, shall be credited 

22 toward the non-Federal share of the cost of the ac23 tivities described in subparagraph (A). 

24 ‘‘(4) The research, development, or use of a 

25 technology under a cooperative research and develop-
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1 ment agreement entered into under this subsection, 

2 including the terms under which the technology may 

3 be licensed and the resulting royalties may be dis4 tributed, shall be subject to the Stevenson-Wydler 

5 Technology Innovation Act of 1980 (15 U.S.C. 3701 

6 et seq.). 

7 ‘‘(5) Section 3705 of title 41, United States 

8 Code, shall not apply to a contract or agreement en9 tered into under this section. 

10 ‘‘(c) AVAILABILITY OF AMOUNTS.—The amounts 

11 made available under section 4001(b) of the Safe, Ac12 countable, Flexible, and Efficient Transportation Equity 

13 Act of 2003 to carry out this section shall remain available 

14 until expended. 

15 ‘‘(d) CONTRACT AUTHORITY.—Approval by the Sec16 retary of a grant with funds made available under section 

17 4001(b) of the Safe, Accountable, Flexible, and Efficient 

18 Transportation Equity Act of 2003 to carry out this sec19 tion imposes upon the United States Government a con20 tractual obligation for payment of the Government’s share 

21 of costs incurred in carrying out the objectives of the 

22 grant.’’. 

23 (b) CONFORMING AMENDMENT.—The table of sec24 tions at the beginning of chapter 311 of title 49, United 
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1 States Code, is amended by revising the item relating to 

2 section 31108 to read as follows:

‘‘31108. Motor carrier research and technology program.’’.

3 SEC. 4015. INTERNATIONAL COOPERATION. 

4 (a) Chapter 311 of title 49, United States Code, is 

5 amended by inserting at the end the following: 

6 ‘‘SUBCHAPTER IV—MISCELLANEOUS 

7 ‘‘§ 31161. International cooperation 

8 ‘‘The Secretary is authorized to use funds appro9 priated under section 31104(i) of this title to participate 

10 and cooperate in international activities to enhance motor 

11 carrier, driver, and highway safety by such means as ex12 changing information, conducting research; and examining 

13 needs, best practices, and new technology.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of chapter 311 of title 49, United States 

16 Code, is amended by adding at the end the following:

‘‘SUBCHAPTER IV—MISCELLANEOUS

‘‘31161. International cooperation.’’.

17 SEC. 4016. PERFORMANCE AND REGISTRATION INFORMA18 TION SYSTEM MANAGEMENT (PRISM). 

19 (a) Paragraphs (2) and (3) of section 31106(b) of 

20 title 49, United States Code, are amended to read as fol21 lows: 

22 ‘‘(2) The program shall link Federal motor car23 rier safety information systems with State commer-
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1 cial vehicle registration and licensing systems and 

2 shall be designed to enable a State to—

3 ‘‘(A) determine the safety fitness of a 

4 motor carrier or registrant when licensing or 

5 registering the registrant or motor carrier or 

6 while the license or registration is in effect; and 

7 ‘‘(B) deny, suspend, or revoke the commer8 cial motor vehicle registrations of a motor car9 rier or registrant that has been issued an oper10 ations out-of-service order by the Secretary. 

11 ‘‘(3) The Secretary shall require States, as a 

12 condition of participation in the program, to - 

13 ‘‘(A) comply with the uniform policies, pro14 cedures, and technical and operational stand15 ards prescribed by the Secretary under sub16 section (a)(4); and 

17 ‘‘(B) possess or seek the authority to deny, 

18 suspend, or revoke commercial motor vehicle 

19 registrations based on the issuance of an oper20 ations out-of-service order by the Secretary.’’. 

21 (b) DELETION.—Paragraph (4) of section 31106(b) 

22 of title 49, United States Code, is deleted. 

23 (c) PERFORMANCE AND REGISTRATION INFORMA24 TION SYSTEM MANAGEMENT GRANTS.—
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1 (1) Chapter 311 of title 49, United States 

2 Code, as amended by this Act, is further amended 

3 by adding a new section after section 31108, to read 

4 as follows: 

5 ‘‘§ 31109. Performance and Registration Information 

6 System Management (PRISM)

7 ‘‘(a) IN GENERAL.—From the funds authorized by 

8 section 4001(c)(3) of the Safe, Accountable, Flexible, and 

9 Efficient Transportation Equity Act of 2003, the Sec10 retary may make a grant in a fiscal year to a State to 

11 implement the Performance and Registration Information 

12 System Management requirements of 49 U.S.C. 31106(b). 

13 ‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made 

14 available to a State under section 4001(c)(3) of the Safe, 

15 Accountable, Flexible, and Efficient Transportation Eq16 uity Act of 2003 to carry out this section shall remain 

17 available until expended. 

18 ‘‘(c) SECRETARY’S APPROVAL.—Approval by the Sec19 retary of a grant to a State under section 4001(c)(3) of 

20 the Safe, Accountable, Flexible, and Efficient Transpor21 tation Equity Act of 2003 to carry out this section is a 

22 contractual obligation of the Government for payment of 

23 the amount of the grant.’’. 

24 (2) CONFORMING AMENDMENT.—The table of 

25 sections at the beginning of chapter 311 of title 49, 
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1 United States Code, is amended after the item relat2 ing to section 31108 by adding the following:

‘‘31109. Performance and Registration Information System Management 

(PRISM).’’.

3 SEC. 4017. INFORMATION SYSTEMS AND DATA ANALYSIS. 

4 The Secretary of Transportation shall carry out a 

5 program to improve the collection and analysis of safety 

6 data on, including crash causation involving, commercial 

7 motor vehicles. 

8 SEC. 4018. OUTREACH AND EDUCATION. 

9 (a) IN GENERAL.—The Secretary shall conduct an 

10 outreach and education program to be administered by the 

11 Federal Motor Carrier Safety Administration. The pro12 gram shall include expanded implementation of the ‘‘Share 

13 the Road Safely’’ and ‘‘Safety is Good Business’’ pro14 grams. The Federal Motor Carrier Safety Administration 

15 shall establish programs to directly educate the industry 

16 and public about the requirements of new and existing 

17 regulatory requirements. The Secretary, through the Fed18 eral Motor Carrier Safety Administration, may undertake 

19 other outreach and education initiatives that may reduce 

20 the number of accidents, injuries, and fatalities involving 

21 commercial motor vehicles. 

22 (b) LIKELY RISK FACTORS.—The Secretary, through 

23 the Federal Motor Carrier Safety Administration, shall 

24 conduct an outreach program to identify the practices of 
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1 commercial motor vehicle drivers that are most likely to 

2 increase and decrease the risk of accidents. 

3 TITLE V—TRANSPORTATION 

4 RESEARCH AND EDUCATION 

5 Subtitle A—Funding 

6 SEC. 5101. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—The following sums are author8 ized to be appropriated out of the Highway Trust Fund 

9 (other than the Mass Transit Account): 

10 (1) SURFACE TRANSPORTATION RESEARCH, DE11 VELOPMENT AND DEPLOYMENT PROGRAM.—To 

12 carry out sections 502, 503, 506, and 507 of title 

13 23, United States Code, and section 5206 of this 

14 Act relating to research, development, technology 

15 transfer, technology deployment, and application ac16 tivities, $199,000,000 for each of fiscal years 2004 

17 through 2009. 

18 (2) TRAINING AND EDUCATION.—For carrying 

19 out section 504 of title 23, United States Code, 

20 $26,000,000 for each of fiscal years 2004 through 

21 2009. 

22 (3) BUREAU OF TRANSPORTATION STATIS23 TICS.—For the Bureau of Transportation Statistics 

24 to carry out section 111 of title 49, United States 

25 Code, the following: 
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1 (A) $31,568,000 for fiscal year 2004. 

2 (B) $32,199,000 for fiscal year 2005. 

3 (C) $32,869,000 for fiscal year 2006. 

4 (D) $33,609,000 for fiscal year 2007. 

5 (E) $34,439,000 for fiscal year 2008. 

6 (F) $35,276,000 for fiscal year 2009. 

7 (4) UNIVERSITY TRANSPORTATION RE8 SEARCH.—For carrying out section 5505 of title 49, 

9 United States Code, $26,500,000 for each of fiscal 

10 years 2004 through 2009. 

11 (5) INTELLIGENT TRANSPORTATION SYSTEMS

12 RESEARCH.—For carrying out the Intelligent Trans13 portation Systems Act of 2003 under subtitle E of 

14 this title, $121,000,000 for each of fiscal years 2004 

15 through 2009. 

16 (b) COLLABORATIVE RESEARCH AND DEVELOP17 MENT.—Section 502 of title 23, United States Code, is 

18 amended—

19 (1) by striking subsection (b)(3); and 

20 (2) by redesignating subsections (b)(4) and 

21 (b)(5) as (b)(3) and (b)(4), respectively. 

22 (c) APPLICABILITY OF TITLE 23, UNITED STATES

23 CODE.—Funds authorized to be appropriated by sub24 section (a) shall be available for obligation in the same 

25 manner as if such funds were apportioned under chapter 
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1 1 of title 23, United States Code except that the Federal 

2 share of the cost of a project or activity carried out using 

3 such funds shall be 100 percent unless otherwise deter4 mined by the Secretary or specified otherwise in this Act, 

5 and such funds shall remain available until expended. 

6 Subtitle B—Research , Technology, 

7 and Education 

8 SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. 

9 (a) RESEARCH, TECHNOLOGY, AND EDUCATION.—

10 Title 23, United States Code, is amended—

11 (1) in the table of chapters by striking:

‘‘5. Research and Technology ................................................................... 501’’;

12 and substituting:

‘‘5. Research, Technology, and Education ................................................ 501’’; 

and

13 (2) by striking the heading—

14 ‘‘CHAPTER 5—RESEARCH AND TECHNOLOGY’’

15 and inserting 

16 ‘‘CHAPTER 5—RESEARCH, TECHNOLOGY, AND 

17 EDUCATION’’. 

18 (b) STATEMENT OF PRINCIPLES GOVERNING RE19 SEARCH AND TECHNOLOGY INVESTMENTS.—Section 502 

20 of title 23, United States Code, is amended: 

21 (1) by redesignating subsections (a) through (g) 

22 as subsections (b) through (h), respectively; and 
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1 (2) by inserting a new subsection (a) at the be2 ginning, to read as follows: 

3 ‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND

4 TECHNOLOGY INVESTMENTS.— 

5 ‘‘(1) COVERAGE.—Surface transportation re6 search and technology development (R&T) shall in7 clude all activities leading to technology development 

8 and transfer, as well as the introduction of new and 

9 innovative ideas, practices and approaches, through 

10 such mechanisms as field applications, education and 

11 training, and technical support. 

12 ‘‘(2) FEDERAL RESPONSIBILITY.—Funding and 

13 conducting surface transportation research and tech14 nology transfer activities shall be considered a basic 

15 responsibility of the Federal Government when—

16 ‘‘(A) the work is of national significance; 

17 ‘‘(B) it supports research in which there is 

18 a clear public benefit and private sector invest19 ment is less than optimal due to market failure; 

20 ‘‘(C) it supports a Federal stewardship role 

21 in assuring that state and local governments 

22 use national resources efficiently; or 

23 ‘‘(D) it presents the best means to support 

24 Federal policy goals compared to other policy 

25 alternatives. 
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1 ‘‘(3) ROLE.—Consistent with these Federal re2 sponsibilities, the Secretary of Transportation 

3 shall—

4 ‘‘(A) conduct research; 

5 ‘‘(B) support and facilitate research and 

6 technology transfer activities by state highway 

7 agencies; 

8 ‘‘(C) share results of completed research; 

9 and 

10 ‘‘(D) support and facilitate technology and 

11 innovation deployment. 

12 ‘‘(4) PROGRAM CONTENT.—A surface transpor13 tation research program shall include—

14 ‘‘(A) fundamental, long-term highway re15 search; 

16 ‘‘(B) research aimed at significant highway 

17 research gaps, and emerging issues with na18 tional implications; and, 

19 ‘‘(C) research related to policy and plan20 ning. 

21 ‘‘(5) STAKEHOLDER INPUT.—Federally-spon22 sored surface transportation R&T activities shall ad23 dress the needs of partners and stakeholders, and 

24 provide for stakeholder input in preparation of a 

25 strategic plan for surface transportation R&T. 
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1 ‘‘(6) COMPETITION.—To the greatest extent 

2 possible, investment decisions for surface transpor3 tation R&T activities shall be based on the well-es4 tablished principles of competition and merit review. 

5 ‘‘(7) PERFORMANCE REVIEW.—Surface trans6 portation R&T activities shall include a component 

7 of performance measurement.’’. 

8 (c) TRANSPORTATION POOLED FUND PROGRAM.—

9 Section 502(b) of title 23, United States Code, as redesig10 nated by this Act, is amended by inserting the following 

11 at the end: 

12 ‘‘(6) POOLED FUNDING.— 

13 ‘‘(A) To promote effective utilization of 

14 available resources, the Secretary may cooper15 ate with the States and other appropriate agen16 cies in funding research, development, and tech17 nology transfer activities of mutual interest on 

18 a pooled funds basis; and 

19 ‘‘(B) The Secretary may enter into con20 tracts, cooperative agreements, grants, and 

21 other transactions as agent for all participating 

22 parties in carrying out such research, develop23 ment, or technology transfer.’’. 
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1 (d) OPERATIONS ELEMENTS IN RESEARCH ACTIVI2 TIES.—Section 502 of title 23, United States Code, is 

3 amended—

4 (1) in subsection (b)(1), as redesignated by this 

5 Act, by striking subparagraphs (B) and (C) and in6 serting the following: 

7 ‘‘(B) all phases of transportation planning 

8 and development (including construction, oper9 ation transportation system management and 

10 operations, modernization, development, design, 

11 maintenance, safety, financing, and traffic con12 ditions); 

13 ‘‘(C) freight security processes and proce14 dures; and 

15 ‘‘(D) the effect of State laws on the activi16 ties described in subparagraphs (A) and (B).’’; 

17 (2) in subsection (d)(5)(C), as redesignated by 

18 this Act, by inserting ‘‘system management and’’ 

19 after ‘‘transportation’’; and 

20 (3) in subsection (d), as redesignated by this 

21 Act, by inserting at the end: 

22 ‘‘(12) Investigation and development of various 

23 operational methodologies to reduce the occurrence 

24 and impact of recurrent congestion and non-recur-
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1 rent congestion, and increase transportation system 

2 reliability. 

3 ‘‘(13) Investigate processes, procedures, and 

4 technologies to secure container and hazardous ma5 terial transport, including the evaluation of regula6 tions, liability, terrorist countermeasures, and the 

7 impact of good security practices on commerce and 

8 productivity. 

9 ‘‘(14) Research, development, and technology 

10 transfer related to asset management’’.’’

11 (e) TURNER-FAIRBANK HIGHWAY RESEARCH CEN12 TER.—Section 502 of title 23, United States Code, is 

13 amended by inserting at the end the following: 

14 ‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN15 TER.—

16 ‘‘(1) IN GENERAL.—The Secretary shall operate 

17 in the Federal Highway Administration a Turner18 Fairbank Highway Research Center.

19 ‘‘(2) USES OF THE CENTER.—The Turner20 Fairbank Highway Research Center shall support 

21 the—

22 ‘‘(A) conduct of highway research and de23 velopment related to new highway technology; 

24 ‘‘(B) development of understandings, tools, 

25 and techniques that provide solutions to com-
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1 plex technical problems through the develop2 ment of economical and environmentally sen3 sitive designs, efficient and quality controlled 

4 construction practices, and durable materials; 

5 and 

6 ‘‘(C) development of innovative highway 

7 products and practices.’’. 

8 (f) EXPLORATORY ADVANCED RESEARCH PRO9 GRAM.—Section 502 of title 23, United States Code, is 

10 amended by striking subsection (e), as redesignated by 

11 this Act, and inserting the following: 

12 ‘‘(e) EXPLORATORY ADVANCED RESEARCH.—

13 ‘‘(1) IN GENERAL.—The Secretary shall estab14 lish an exploratory advanced research program, con15 sistent with the surface transportation research and 

16 technology development strategic plan developed 

17 under section 508, that involves and draws upon 

18 basic research results to provide a better under19 standing of problems and develop innovative solu20 tions. The phrase ‘‘exploratory advanced research’’ 

21 conveys a more fundamental character, broader ob22 jective, multi-disciplinary nature, and greater uncer23 tainty in expected outcomes than found in problem24 solving research. In carrying out the program, the 
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1 Secretary shall strive to develop partnerships with 

2 the public and private sectors. 

3 ‘‘(2) RESEARCH AREAS.—In carrying out the 

4 program, the Secretary may make grants and enter 

5 into cooperative agreements and contracts in such 

6 areas of surface transportation research and tech7 nology as the Secretary determines appropriate, in8 cluding the following: 

9 ‘‘(A) Characterization of materials used in 

10 highway infrastructure, including analytical 

11 techniques, microstructure modeling, and the 

12 deterioration processes. 

13 ‘‘(B) Assessing the effects of transpor14 tation decisions on human health. 

15 ‘‘(C) Development of surrogate measures 

16 of safety. 

17 ‘‘(D) Environmental research. 

18 ‘‘(E) Data acquisition techniques for sys19 tem condition and performance monitoring. 

20 ‘‘(F) System performance data and infor21 mation processing needed to assess the day-to22 day operational performance of the system in 

23 support of hour-to-hour operational decision24 making.’’. 
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1 (g) AUTHORITY TO PURCHASE PROMOTIONAL

2 ITEMS.— Section 503 of title 23, United States Code, as 

3 amended by this Act, is further amended by inserting the 

4 following at the end: 

5 ‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized 

6 to be appropriated under this or any other Act for nec7 essary expenses for administration and operation of the 

8 Federal Highway Administration shall be available to pur9 chase promotional items of nominal value for use in the 

10 recruitment of individuals and to promote the programs 

11 of the Federal Highway Administration.’’. 

12 (h) FACILITATING TRANSPORTATION RESEARCH AND

13 TECHNOLOGY DEPLOYMENT PARTNERSHIPS.—Section 

14 502(c) of title 23, United States Code, as redesignated 

15 by this Act, is amended by striking paragraph (2) and in16 serting the following: 

17 ‘‘(2) COOPERATION, GRANTS, CONTRACTS AND

18 AGREEMENTS.—Notwithstanding any other provision 

19 of law, the Secretary may directly initiate contracts, 

20 cooperative research and development agreements 

21 (as defined in section 12 of the Stevenson-Wydler 

22 Technology Innovation Act of 1980 (15 U.S.C. 

23 3710a)), and other transactions to fund, and accept 

24 funds from, the National Research Council/ Trans25 portation Research Board, American Association of 
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1 State Highway and Transportation Officials, State 

2 Departments of Transportation, cities, and counties, 

3 and their agents to conduct joint transportation re4 search and technology efforts.’’. 

5 (i) LONG-TERM PAVEMENT PERFORMANCE PRO6 GRAM.—

7 (1) SURFACE TRANSPORTATION RESEARCH.—

8 Chapter 5 of title 23, United States Code is amend9 ed by adding after section 504 the following: 

10 ‘‘§ 505. Surface transportation research 

11 ‘‘(a) AUTHORITY.—The Secretary of Transportation 

12 shall complete the 20-year long-term pavement perform13 ance program tests initiated under the strategic highway 

14 research program established under section 307(d) (as in 

15 effect on the day before the date of enactment of this sec16 tion) and continued by the Intermodal Surface Transpor17 tation Efficiency Act of 1991 and the Transportation Eq18 uity Act For The 21st Century. 

19 ‘‘(b) GRANTS, COOPERATIVE AGREEMENTS, AND

20 CONTRACTS.—Under the program, the Secretary shall 

21 make grants and enter into cooperative agreements and 

22 contracts to— 

23 ‘‘(1) monitor, material-test, and evaluate high24 way test sections in existence as of the date of the 

25 grant, agreement, or contract; 
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1 ‘‘(2) analyze the data obtained in carrying out 

2 subparagraph (A); and 

3 ‘‘(3) prepare products to fulfill program objec4 tives and meet future pavement technology needs.’’. 

5 (2) CONFORMING AMENDMENT.—The analysis 

6 for chapter 5 of title 23 is amended by inserting 

7 after item 504 the following:

‘‘505. Surface transportation research.’’.

8 (j) PROCUREMENT FOR RESEARCH, DEVELOPMENT, 

9 AND TECHNOLOGY TRANSFER ACTIVITIES.—Section 

10 502(b) of title 23, United States Code, as redesignated 

11 by this Act, is amended by striking paragraph (3) and in12 serting the following:

13 ‘‘(3) COOPERATION, GRANTS, AND CON14 TRACTS.—The Secretary may carry out research, de15 velopment, and technology transfer activities related 

16 to transportation— 

17 ‘‘(A) independently; 

18 ‘‘(B) in cooperation with other Federal de19 partments, agencies, and instrumentalities and 

20 Federal laboratories; or 

21 ‘‘(C) by making grants to, or entering into 

22 contracts, cooperative agreements, and other 

23 transactions with the following: the National 

24 Academy of Sciences, the American Association 

25 of State Highway and Transportation Officials, 
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1 or any Federal laboratory, Federal agency, 

2 State agency, authority, association, institution, 

3 for-profit or nonprofit corporation, organiza4 tion, foreign country, or person.’’. 

5 (k) INFRASTRUCTURE INVESTMENT NEEDS RE6 PORT.—

7 (1) TITLE 23 AMENDMENT.—Section 502(h)(1) 

8 of title 23, United States Code, as redesignated by 

9 this Act, is amended by striking ‘‘Not later than 

10 January 31, 1999, and January 31 of every second 

11 year thereafter,’’ and inserting ‘‘Not later than July 

12 31, 2004, and July 31 of every second year there13 after,’’. 

14 (2) CONFORMING AMENDMENT TO TITLE 49, 

15 UNITED STATES CODE.—Section 308(e)(1) of title 

16 49, United States Code, is amended by striking ‘‘in 

17 March 1998, and in March of each even-numbered 

18 year thereafter’’ and inserting ‘‘not later than July 

19 31, 2004, and July 31 of every second year there20 after,’’. 

21 SEC. 5202. SURFACE TRANSPORTATION ENVIRONMENT AND 

22 PLANNING COOPERATIVE RESEARCH PRO23 GRAM. 

24 (a) SURFACE TRANSPORTATION ENVIRONMENT AND

25 PLANNING COOPERATIVE RESEARCH PROGRAM.—Chap-
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1 ter 5 of title 23, United States Code, is amended by strik2 ing section 507 and inserting the following: 

3 ‘‘§ 507. Surface transportation environment and plan4 ning cooperative research program 

5 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab6 lish and support a collaborative, public-private surface 

7 transportation environment and planning cooperative re8 search program. 

9 ‘‘(b) AGREEMENT.—The Secretary shall enter into an 

10 agreement with the National Academy of Sciences or other 

11 organization to support and carry out administrative and 

12 management activities relating to the governance of the 

13 surface transportation environment and planning coopera14 tive research program. 

15 ‘‘(c) ADVISORY BOARD.—The organization described 

16 in subsection (b) shall select an advisory board drawn 

17 from core partners that represent environment, transpor18 tation, and neutral interests, including the Department of 

19 Transportation, other Federal agencies, the States, local 

20 governments, nonprofit entities, academia, and the private 

21 sector. 

22 ‘‘(d) GOVERNANCE.—The surface transportation en23 vironment and planning cooperative research program es24 tablished under this section shall include the following ad25 ministrative and management elements: 
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1 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi2 sory board, in consultation with core partners and 

3 other stakeholders, shall develop and periodically up4 date a national research agenda for the surface 

5 transportation environment and planning cooperative 

6 research program. The national research agenda 

7 shall include a multi-year strategic plan. 

8 ‘‘(2) STAKEHOLDER INVOLVEMENT.—Stake9 holders may—

10 ‘‘(A) submit research proposals; 

11 ‘‘(B) participate in merit reviews of re12 search proposals and peer reviews of research 

13 products; and 

14 ‘‘(C) receive research results. 

15 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

16 RESEARCH PROPOSALS.—The organization described 

17 in subsection (b) may award research contracts and 

18 grants through open competition and merit review 

19 conducted on a regular basis. 

20 ‘‘(4) EVALUATION OF RESEARCH.—

21 ‘‘(A) PEER REVIEW.—Research contracts 

22 and grants may allow peer review of the re23 search results. 

24 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

25 organization described in subsection (b) may 
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1 conduct periodic programmatic evaluations on a 

2 regular basis. 

3 ‘‘(5) DISSEMINATION OF RESEARCH FIND4 INGS.—The organization described in subsection (b) 

5 shall disseminate research findings to researchers, 

6 practitioners, and decision-makers, through con7 ferences and seminars, field demonstrations, work8 shops, training programs, presentations, testimony 

9 to government officials, world wide web, and publica10 tions for the general public. 

11 ‘‘(e) CONTENTS.—The national research agenda for 

12 the surface transportation environment and planning co13 operative research program required under subsection 

14 (c)(2) shall include research in the following areas for the 

15 purposes cited: 

16 ‘‘(1) HUMAN HEALTH.—Human health to es17 tablish the links between transportation activities 

18 and human health; substantiate the linkages between 

19 exposure to concentration levels, emissions, and 

20 health impacts; examine the potential health impacts 

21 from the implementation and operation of transpor22 tation infrastructure and services; develop strategies 

23 for avoidance and reduction of these impacts; and 

24 develop strategies to understand the economic value 
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1 of health improvements; and for incorporating health 

2 considerations into valuation methods. 

3 ‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol4 ogy and natural systems to measure transportation’s 

5 short- and long-term impact on natural systems; de6 velop ecologically based performance measures; de7 velop insight into both the spatial and temporal 

8 issues associated with transportation and natural 

9 systems; study the relationship between highway 

10 density and ecosystem integrity, including the im11 pacts of highway density on habitat integrity and 

12 overall ecosystem health; develop a rapid assessment 

13 methodology for use by transportation and regu14 latory agencies in determining the relationship be15 tween highway density and ecosystem integrity; and 

16 develop ecologically based performance techniques to 

17 evaluate the success of highway project mitigation 

18 and enhancement measures. 

19 ‘‘(3) ENVIRONMENTAL AND SOCIOECONOMIC

20 RELATIONSHIPS.—Environmental and socioeconomic 

21 relationships to understand differences in mobility, 

22 access, travel behavior, and travel preferences across 

23 socioeconomic groups; develop improved planning ap24 proaches that better reflect and respond to commu25 nity needs; improve evaluation methods for exam-
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1 ining the incidence of benefits and costs; examine 

2 the differential impacts of current methods of fi3 nance and explore alternatives; understand the socio4 economic implications of emerging land development 

5 patterns and new transportation technologies; de6 velop cost-effective applications of technology that 

7 improve the equity of the transport system; and de8 velop improved methods for community involvement, 

9 collaborative planning, and conflict resolution. 

10 ‘‘(4) EMERGING TECHNOLOGIES.—Emerging 

11 technologies to assist in the transition to environ12 mentally benign fuels and vehicles for passengers 

13 and freight; develop responses to and demand for 

14 new technologies that could offer improved environ15 mental performance; identify possible applications of 

16 Intelligent Transportation Systems technologies for 

17 environmental benefit; develop policy instruments 

18 that would encourage the development of beneficial 

19 new technologies in a cost-effective manner; and re20 spond to the impact of new technologies. 

21 ‘‘(5) LAND USE.—Land use to assess land con22 sumption trends and contributing factors of trans23 portation investment, housing policies, school qual24 ity, and consumer preferences; incorporate impacts 

25 of transportation investments on location decision 
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1 and land use; identify the costs and benefits of cur2 rent development patterns and their transportation 

3 implications; determine the effect of the built envi4 ronment on people’s willingness to walk, drive, or 

5 take public transportation; determine the roles of 

6 public policy and institutional arrangements in cur7 rent and prospective land use and transportation 

8 choices; and develop improved data, methods, and 

9 processes for considering land use, transportation, 

10 and the environment in an integrated, systematic 

11 fashion. 

12 ‘‘(6) PLANNING AND PERFORMANCE MEAS13 URES.—Planning and performance measures to im14 prove understanding of travel needs and preferences; 

15 improve planning methods for system analysis, fore16 casting, and decision making; expand information on 

17 consumer choice processes and travel and activity 

18 patterns for both local and long-distance trips and 

19 both passenger and freight transportation analysis 

20 of social, environmental, and economic benefits and 

21 cost of various transport options; develop tools for 

22 measuring and forecasting complex transportation 

23 decision for all modes and users; and develop per24 formance measures and policy analysis approaches 

25 that can be used to determine effectiveness. 
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1 ‘‘(7) ADDITIONAL PRIORITIES.—Additional pri2 orities to identify and address the emerging and fu3 ture surface transportation research needs related to 

4 planning and environment. 

5 ‘‘(f) FUNDING.—In addition to using funds author6 ized for this section, the organization that administers this 

7 program may seek and accept additional funding sources 

8 from public and private entities capable of attracting and 

9 accepting funding from the United States Department of 

10 Transportation (Federal Highway Administration, Fed11 eral Transit Administration, Federal Railroad Administra12 tion, Research and Special Programs Administration, and 

13 the National Highway Traffic Safety Administration), En14 vironmental Protection Agency, Department of Energy, 

15 Fish and Wildlife and other Federal environmental agen16 cies, states, local governments, nonprofit foundations, and 

17 the private sector.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 5 of title 23, United States Code, is amended by 

20 striking the item related to section 507 and inserting the 

21 following:

‘‘507. Surface transportation environment and planning cooperative research 

program.’’.
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1 SEC. 5203. LONG-TERM BRIDGE PERFORMANCE PROGRAM; 

2 INNOVATIVE BRIDGE RESEARCH AND DE3 PLOYMENT PROGRAM. 

4 (a) LONG-TERM BRIDGE PERFORMANCE PRO5 GRAM.—Section 502 of title 23, United States Code, is 

6 amended by striking 502(g), as redesignated by this Act, 

7 and inserting the following: 

8 ‘‘(g) LONG-TERM BRIDGE PERFORMANCE PRO9 GRAM.—

10 ‘‘(1) AUTHORITY.—The Secretary shall estab11 lish a 20 year long-term bridge performance pro12 gram. 

13 ‘‘(2) Grants, cooperative agreements, and con14 tracts.—Under the program, the Secretary shall 

15 make grants and enter into cooperative agreements 

16 and contracts to—

17 ‘‘(A) monitor, material-test, and evaluate 

18 test bridges; 

19 ‘‘(B) analyze the data obtained in carrying 

20 out subparagraph (A); and 

21 ‘‘(C) prepare products to fulfill program 

22 objectives and meet future bridge technology 

23 needs.’’. 

24 (b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY25 MENT PROGRAM.—
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1 (1) IN GENERAL.—Section 503(b) of title 23, 

2 United States Code, is amended by striking 

3 503(b)(1) and inserting: 

4 ‘‘(1) IN GENERAL.—The Secretary shall estab5 lish and carry out a program to promote, dem6 onstrate, evaluate, and document the application of 

7 innovative designs, materials and construction meth8 ods in the construction, repair, and rehabilitation of 

9 bridges and other highway structures.’’. 

10 (2) GOALS.—Section 503(b)(2) of such title is 

11 amended by striking 503(b)(2) and inserting: 

12 ‘‘(2) GOALS.—The goals of the program shall 

13 include— 

14 ‘‘(A) the development of new, cost-effec15 tive, innovative highway bridge applications;

16 ‘‘(B) the development of construction tech17 niques to increase safety and reduce construc18 tion time and traffic congestion; 

19 ‘‘(C) the development of engineering design 

20 criteria for innovative products, materials, and 

21 structural systems for use in highway bridges 

22 and structures; 

23 ‘‘(D) the reduction of maintenance costs 

24 and life-cycle costs of bridges, including the 
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1 costs of new construction, replacement, or reha2 bilitation of deficient bridges; 

3 ‘‘(E) the development of highway bridges 

4 and structures that will withstand natural dis5 asters and terrorist attacks; 

6 ‘‘(F) the documentation and wide dissemi7 nation of objective evaluations of the perform8 ance and benefits of these innovative designs, 

9 materials, and construction methods; and 

10 ‘‘(G) the effective transfer of resulting in11 formation and technology.’’. 

12 SEC. 5204. TECHNOLOGY DEPLOYMENT. 

13 (a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

14 503(a) of title 23, United States Code, is amended—

15 (1) in the subsection heading, by striking ‘‘ini16 tiatives and partnerships’’; 

17 (2) by striking paragraph (1) and inserting the 

18 following: 

19 ‘‘(1) ESTABLISHMENT.—The Secretary shall 

20 develop and administer a national technology deploy21 ment program.’’; 

22 (3) by striking paragraph (7) and inserting the 

23 following: 

24 ‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND

25 CONTRACTS.—
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1 ‘‘(A) IN GENERAL.—Under the program, 

2 the Secretary shall make grants to, and enter 

3 into cooperative agreements and contracts with 

4 States, other Federal agencies, universities and 

5 colleges, private sector entities, and nonprofit 

6 organizations to pay the Federal share of the 

7 cost of research, development, and technology 

8 transfer concerning innovative materials. 

9 ‘‘(B) APPLICATIONS.—To receive a grant 

10 under this subsection, an entity described in 

11 subparagraph (A) shall submit an application to 

12 the Secretary. The application shall be in such 

13 form and contain such information as the Sec14 retary may require. The Secretary shall select 

15 and approve the applications based on whether 

16 the project that is the subject of the grant 

17 meets the goals of the program described in 

18 paragraph (2).’’; 

19 (4) by striking paragraph (8); 

20 (5) by redesignating paragraph (9) as para21 graph (10); and 

22 (6) by inserting after paragraph (7) the fol23 lowing: 

24 ‘‘(8) TECHNOLOGY AND INFORMATION TRANS25 FER.—The Secretary shall ensure that the informa-
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1 tion and technology resulting from research con2 ducted under paragraph (3) is made available to 

3 State and local transportation departments and 

4 other interested parties as specified by the Sec5 retary. 

6 ‘‘(9) FEDERAL SHARE.—The Federal share of 

7 the cost of a project under this section shall be de8 termined by the Secretary.’’. 

9 (b) INNOVATIVE PAVEMENT RESEARCH AND DE10 PLOYMENT PROGRAM.—Section 503 of title 23, United 

11 States Code, is amended by adding after subsection (b) 

12 the following: 

13 ‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE14 PLOYMENT PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Secretary shall estab16 lish and implement a program to promote, dem17 onstrate, support, and document the application of 

18 innovative pavement technologies, practices, per19 formance, and benefits. 

20 ‘‘(2) GOALS.—The goals of the innovative pave21 ment research and deployment program shall in22 clude-- 

23 ‘‘(A) the deployment of new, cost-effective 

24 innovative designs, materials, and practices to 
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1 extend pavement life and performance and to 

2 improve customer satisfaction; 

3 ‘‘(B) the reduction of initial costs and life4 cycle costs of pavements, including the costs of 

5 new construction, replacement, maintenance, 

6 and rehabilitation; 

7 ‘‘(C) the deployment of accelerated con8 struction techniques to increase safety and re9 duce construction time and traffic disruption 

10 and congestion; 

11 ‘‘(D) the deployment of engineering design 

12 criteria and specifications for innovative prac13 tices, products, and materials for use in high14 way pavements; 

15 ‘‘(E) the deployment of new nondestructive 

16 and real time pavement evaluation technologies 

17 and techniques; 

18 ‘‘(F) evaluation, refinement, and docu19 mentation of the performance and benefits of 

20 innovative technologies deployed to improve life, 

21 performance, cost effectiveness, safety, and cus22 tomer satisfaction; 

23 ‘‘(G) effective technology transfer and in24 formation dissemination to accelerate imple25 mentation of innovative technologies and to im-
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1 prove life, performance, cost effectiveness, safe2 ty, and customer satisfaction; and 

3 ‘‘(H) the development of designs and mate4 rials to reduce storm water runoff.’’. 

5 (c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—

6 Section 503 of title 23, United States Code, as amended 

7 by this Act, is further amended by adding the following: 

8 ‘‘(d) SAFETY INNOVATION DEPLOYMENT PRO9 GRAM.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall estab11 lish and implement a program to demonstrate the 

12 application of innovative technologies in highway 

13 safety. 

14 ‘‘(2) GOALS.—The goals of the program shall 

15 include—

16 ‘‘(A) the deployment and evaluation of 

17 safety technologies and innovations at state and 

18 local levels; and 

19 ‘‘(B) the deployment of best practices in 

20 training, management, design, and planning. 

21 ‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND

22 CONTRACTS.—

23 ‘‘(A) IN GENERAL.—Under the program, 

24 the Secretary shall make grants to, and enter 

25 into cooperative agreements and contracts with 
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1 States, other Federal agencies, universities and 

2 colleges, private sector entities, and nonprofit 

3 organizations for research, development, and 

4 technology transfer for innovative safety tech5 nologies. 

6 ‘‘(B) APPLICATIONS.—To receive a grant 

7 under this subsection, an entity described in 

8 subparagraph (A) shall submit an application to 

9 the Secretary. The application shall be in such 

10 form and contain such information as the Sec11 retary may require. The Secretary shall select 

12 and approve the applications based on whether 

13 the project that is the subject of the grant 

14 meets the goals of the program described in 

15 paragraph (2). 

16 ‘‘(4) TECHNOLOGY AND INFORMATION TRANS17 FER.—The Secretary shall take such action as is 

18 necessary to ensure that the information and tech19 nology resulting from research conducted under 

20 paragraph (3) is made available to State and local 

21 transportation departments and other interested 

22 parties as specified by the Secretary. 

23 ‘‘(5) FEDERAL SHARE.—The Federal share of 

24 the cost of a project under this section shall be de25 termined by the Secretary.’’. 
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1 SEC. 5205. TRAINING AND EDUCATION. 

2 (a) NATIONAL HIGHWAY INSTITUTE.—Section 

3 504(a) of title 23, United States Code, is amended by 

4 striking paragraph (3) and inserting the following: 

5 ‘‘(3) COURSES.—The Institute may develop and 

6 administer courses in modern developments, tech7 niques, methods, regulations, management, and pro8 cedures in areas including surface transportation, 

9 environmental stewardship and streamlining, acqui10 sition of rights-of-way, relocation assistance, engi11 neering, safety, transportation system management 

12 and operations, construction, maintenance, contract 

13 administration, inspection, and highway finance.’’. 

14 (b) FEDERAL SHARE.—Section 504(b) of title 23, 

15 United States Code, is amended by adding at the end the 

16 following: 

17 ‘‘(3) FEDERAL SHARE.—

18 ‘‘(A) GRANTS.—The grant funds author19 ized to carry out this subsection may be used 

20 to cover up to 50 percent of the program costs 

21 relating to local technical assistance. Funds 

22 available for technology transfer and training 

23 purposes under this title and title 49 may be 

24 used to cover the remaining 50 percent of the 

25 program costs. 
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1 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

2 CENTERS.—The Federal share of the cost of ac3 tivities carried out by the tribal technical assist4 ance centers under paragraph (b)(2)(D)(ii) of 

5 this subsection shall be 100 percent.’’. 

6 (c) SURFACE TRANSPORTATION WORKFORCE DE7 VELOPMENT, TRAINING, AND EDUCATION.—Section 504 

8 of title 23, United States Code, is amended by adding at 

9 the end the following: 

10 ‘‘(d) SURFACE TRANSPORTATION WORKFORCE DE11 VELOPMENT, TRAINING, AND EDUCATION.—

12 ‘‘(1) FUNDING.—Subject to project approval by 

13 the Secretary, a State may obligate funds appor14 tioned to it under sections 104(b)(1), (3), and (4) 

15 and 144(e) of this title for surface transportation 

16 workforce development, training and education, in17 cluding:—

18 ‘‘(A) tuition and direct educational ex19 penses, excluding salaries, in connection with 

20 the education and training of employees of 

21 State and local transportation agencies; 

22 ‘‘(B) employee professional development; 

23 ‘‘(C) student internships; 

24 ‘‘(D) university or community college sup25 port; or 
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1 ‘‘(E) education outreach activities to de2 velop interest and promote participation in sur3 face transportation careers. 

4 ‘‘(2) FEDERAL SHARE.—The Federal share of 

5 the cost of activities carried out in accordance with 

6 this subsection shall be 100 percent.’’. 

7 (d) DEFINITIONS AND DECLARATION OF POLICY.—

8 Section 101(a) of title 23, United States Code, as amend9 ed by this Act, is further amended—

10 (1) in paragraph (3), by—

11 (A) striking ‘‘and’’ after subparagraph 

12 (H); 

13 (B) striking the period after subparagraph 

14 (I) and inserting ’’; and’’; and 

15 (C) adding after subparagraph (I) the fol16 lowing: 

17 ‘‘(J) surface transportation workforce de18 velopment, training, and education.’’; 

19 (2) by redesignating paragraphs (36) through 

20 (39), as redesignated by this Act, as paragraphs 

21 (37) through (40) respectively; and 

22 (3) by adding after paragraph (35), as redesig23 nated by this Act, the following: 

24 ‘‘(36) SURFACE TRANSPORTATION WORKFORCE

25 DEVELOPMENT, TRAINING, AND EDUCATION.—The 
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1 term ‘surface transportation workforce development, 

2 training, and education’ means activities associated 

3 with surface transportation career awareness, stu4 dent transportation career preparation, and training 

5 and professional development for surface transpor6 tation workers.’’. 

7 SEC. 5206. ADVANCED TRAVEL FORECASTING PROCEDURES 

8 PROGRAM. 

9 (a) CONTINUATION AND ACCELERATION OF

10 TRANSIMS DEPLOYMENT.—The Secretary shall accel11 erate the deployment of the advanced transportation 

12 model known as the Transportation Analysis Simulation 

13 System (‘‘TRANSIMS’’), developed by the Los Alamos 

14 National Laboratory. The program shall assist State de15 partments of transportation and metropolitan planning or16 ganizations in the implementation of TRANSIMS, develop 

17 methods for TRANSIMS applications to transportation 

18 planning and air quality analysis, and provide training and 

19 technical assistance for the implementation of 

20 TRANSIMS. The program may support the development 

21 of methods to plan for the transportation response to 

22 chemical and biological terrorism and other security con23 cerns. 
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1 (b) ELIGIBLE ACTIVITIES.—The Secretary shall use 

2 funds made available under section 5101(a)(1) of this Act 

3 to— 

4 (1) provide funding to State departments of 

5 transportation and metropolitan planning organiza6 tions serving transportation management areas des7 ignated under the metropolitan planning section of 

8 chapter 52 of title 49, United States Code, rep9 resenting a diversity of populations, geographic re10 gions and analytic needs to implement TRANSIMS; 

11 (2) develop methods to demonstrate a wide 

12 spectrum of TRANSIMS applications to support 

13 metropolitan and statewide transportation planning, 

14 including integrating highway and transit oper15 ational considerations into the transportation plan16 ning process; and 

17 (3) provide training and technical assistance with 

18 respect to the implementation and application of 

19 TRANSIMS to States, local governments and Met20 ropolitan Planning Organizations with responsibility 

21 for travel modeling. 

22 (c) ALLOCATION OF FUNDS.—Not more than 75 per23 cent of the funds made available to carry out this section 

24 may be allocated to activities described in subsection 

25 (b)(1). 
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1 Subtitle C—Multimodal Research 

2 Programs; Scholarship Opportu3 nities 

4 SEC. 5301. UNIVERSITY TRANSPORTATION RESEARCH. 

5 Section 5505 of title 49, United States Code, is re6 vised to read as follows: 

7 ‘‘SEC. 5505. UNIVERSITY TRANSPORTATION RESEARCH. 

8 ‘‘(a) UNIVERSITY-INDUSTRY-GOVERNMENT PART9 NERSHIPS.—The Secretary of Transportation shall make 

10 grants to nonprofit institutions of higher learning to ad11 dress transportation management and research and devel12 opment matters, with special attention to increasing the 

13 number of highly skilled individuals entering the field of 

14 transportation. 

15 ‘‘(b) OBJECTIVES.—

16 ‘‘(1) Each university receiving a grant under 

17 this section shall conduct the following programs 

18 and activities: 

19 ‘‘(A) Basic and applied research that sup20 ports the Department’s transportation research 

21 agenda, the products of which are judged by 

22 peers or other experts in the field to advance 

23 the body of knowledge in transportation. 

24 ‘‘(B) An education program that includes 

25 multidisciplinary course work, faculty and stu-
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1 dent participation in research, and an oppor2 tunity for practical experience. 

3 ‘‘(C) An ongoing program of technology 

4 transfer that makes the results of research and 

5 education activities broadly available to poten6 tial users in a form that can be implemented, 

7 utilized, or otherwise applied. 

8 ‘‘(2) Each university shall elect as its primary 

9 objective either subsection (b)(1)(A) or (b)(1)(B) of 

10 this section and shall direct at least 50% of total 

11 costs to the accomplishment thereof. 

12 ‘‘(c) SELECTION OF GRANT RECIPIENTS.—

13 ‘‘(1) In order to be eligible to receive a grant 

14 under this section, a nonprofit institution of higher 

15 learning shall submit to the Secretary an application 

16 that is in such form and contains such information 

17 as the Secretary may require. 

18 ‘‘(2) The Secretary shall select each recipient of 

19 a grant under this section through a competitive 

20 process in which applications are evaluated on the 

21 basis of the following: 

22 ‘‘(A) The demonstrated research and ex23 tension resources available to the applicant to 

24 carry out this section. 
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1 ‘‘(B) The capability of the applicant to 

2 provide leadership in making national and re3 gional contributions to the solution of imme4 diate and long-range transportation problems. 

5 ‘‘(C) The applicant’s demonstrated com6 mitment of at least $200,000 in regularly-budg7 eted institutional amounts each year to support 

8 ongoing transportation research and education 

9 programs. 

10 ‘‘(D) The amount of matching funds for 

11 which the applicant has obtained binding com12 mitments. 

13 ‘‘(E) Evidence of the applicant’s research 

14 and education partnerships with at least one 

15 private sector partner and at least one non-fed16 eral government partner. 

17 ‘‘(F) The applicant’s demonstrated ability 

18 to disseminate results of transportation re19 search and education programs through na20 tional and statewide or regionwide continuing 

21 education and capacity-building programs. 

22 ‘‘(G) The strategic plan the applicant pro23 poses to achieve the objectives of the grant 

24 and—
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1 ‘‘(i) if the applicant’s primary objec2 tive is subsection (b)(1)(A) of this section, 

3 the strategic plan shall include a research 

4 plan that addresses more than one mode of 

5 transportation; or 

6 ‘‘(ii) if the applicant’s primary objec7 tive is subsection (b)(1)(B) of this section, 

8 the strategic plan shall include an edu9 cation plan that addresses multimodal 

10 issues. 

11 ‘‘(d) MAINTENANCE OF EFFORT.—In order to be eli12 gible to receive a grant under this section, a recipient shall 

13 enter into an agreement with the Secretary to ensure that 

14 the recipient will maintain total expenditures from all 

15 other sources to carry out the objectives of a grant at a 

16 level at least equal to the average level of such expendi17 tures in its 2 fiscal years prior to award of a grant under 

18 this section. 

19 ‘‘(e) FEDERAL SHARE.—The Federal share of the 

20 costs of activities carried out using a grant made under 

21 this section shall not exceed 50 percent of costs. The non22 Federal share may include funds provided to a recipient 

23 under section 503, or 104(i) of title 23, United States 

24 Code.

25 ‘‘(f) PROGRAM ADMINISTRATION.—
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1 ‘‘(1) The Secretary shall conduct all grant man2 agement and administration functions necessary to 

3 facilitate the research, education, training, and tech4 nology transfer activities that grant recipients carry 

5 out under this section; to coordinate these activities 

6 among the grant recipients; to ensure that the re7 sults of the research, education, training and tech8 nology transfer activities are widely disseminated; 

9 and to ensure the effective use of program resources. 

10 ‘‘(2) At least annually and consistent with the 

11 plan developed under section 508 of title 23, United 

12 States Code, the Secretary shall review and evaluate 

13 programs the grant recipients carry out. 

14 ‘‘(3) The Secretary may not use more than 1 

15 percent of amounts made available from Government 

16 sources to carry out this subsection. 

17 ‘‘(g) USE OF TRANSPORTATION RESEARCH INFOR18 MATION SERVICES (TRIS) DATABASES.—

19 ‘‘(1) Recipients of awards under this section 

20 shall make use of the National Research Council 

21 (NRC), Transportation Research Board (TRB), 

22 Transportation Research Information Services 

23 (TRIS) online databases for the following purposes: 

24 ‘‘(A) Program development and strategic 

25 planning. 
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1 ‘‘(B) Reporting of active R&T activities 

2 undertaken with funding provided here. 

3 ‘‘(C) Input and dissemination of results 

4 and reports from completed research. 

5 ‘‘(2) Recipients shall recommend a representa6 tive to serve as liaison to the Transportation Re7 search Board. 

8 ‘‘(h) LIMITATION ON AVAILABILITY OF FUNDS.—

9 Funds made available to carry out this program shall re10 main available for obligation for a period of 2 years after 

11 the last day of the fiscal year for which such funds are 

12 authorized.’’. 

13 SEC. 5302. MULTIMODAL RESEARCH PROGRAM. 

14 (a) IN GENERAL.—Section 5506 of title 49, United 

15 States Code, is revised to read as follows: 

16 ‘‘SEC. 5506. MULTIMODAL RESEARCH PROGRAM. 

17 ‘‘(a) PURPOSE.—The Secretary shall establish a pro18 gram to encourage and promote the research, develop19 ment, demonstration and testing of technologies that have 

20 multimodal transportation applications, and shall foster 

21 adoption of those technologies in transportation through 

22 demonstration and testing to remove impediments to an 

23 efficient, safe, and cost-effective national transportation 

24 system. 
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1 ‘‘(b) OTHER RESEARCH ACTIVITIES.—To ensure the 

2 activities performed pursuant to this section achieve the 

3 maximum benefit, the Secretary, the Secretary of Energy, 

4 the Administrator of the Environmental Protection Agen5 cy, and other relevant Federal agencies shall coordinate 

6 their research, development and demonstration activities 

7 related to heavy-duty vehicle technologies and hydrogen 

8 transportation and refueling infrastructure. Nothing in 

9 this section may be construed to authorize the Secretary 

10 to conduct research, development, demonstration or test11 ing activities that the Secretary of Energy or the Adminis12 trator the Environmental Protection Agency is authorized 

13 to conduct, or to modify the authorities of the Secretary 

14 of Energy or the Administrator of the Environmental Pro15 tection Agency. 

16 ‘‘(c) ADVANCED HEAVY-DUTY VEHICLE TECH17 NOLOGIES.—

18 ‘‘(1) The Secretary of Transportation shall con19 duct research, development, demonstration and test20 ing to integrate emerging multimodal heavy-duty ve21 hicle technologies in order to provide seamless, safe, 

22 secure and efficient transportation. 

23 ‘‘(2) There is authorized to be appropriated 

24 from the Highway Trust Fund (other than the Mass 

25 Transit Account) to carry out this paragraph 
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1 $24,000,000 for fiscal year 2005, $25,000,000 for 

2 fiscal year 2006, $23,000,000 for fiscal year 2007, 

3 $18,000,000 for fiscal year 2008, and $10,000,000 

4 for fiscal year 2009. 

5 ‘‘(3) The funding made available under para6 graph (2) of this subsection shall be available for ob7 ligation in the same manner as if such funds were 

8 apportioned under chapter 1 of title 23 and shall be 

9 subject to any obligation limitation imposed on 

10 funds for Federal-aid highways and highway safety 

11 construction programs. 

12 ‘‘(d) HYDROGEN INFRASTRUCTURE SAFETY RE13 SEARCH AND DEVELOPMENT.—

14 ‘‘(1) The Secretary of Transportation is author15 ized to conduct research, development, demonstra16 tion and testing on the safety aspects of hydrogen 

17 transportation and refueling infrastructure necessary 

18 to support the use of next generation vehicle tech19 nologies. 

20 ‘‘(2) To carry out this subsection, there is au21 thorized to be appropriated $1,000,000 for fiscal 

22 years 2004, $15,000,000 for fiscal year 2005, 

23 $13,000,000 for fiscal year 2006, $11,000,000 for 

24 fiscal year 2007, $9,000,000 for fiscal year 2008, 

25 and $6,000,000 for fiscal year 2009. 
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1 ‘‘(e) GRANTS, COOPERATIVE AGREEMENTS, AND

2 OTHER TRANSACTIONS.—The Secretary may enter into 

3 grants, cooperative agreements, and other transactions 

4 with Federal and other public agencies (including State 

5 and local governments) and private organizations and 

6 other persons to carry out this section. 

7 ‘‘(f) COST SHARING.—At least 50 percent of the 

8 funding for projects authorized in this section must be 

9 provided by non-Federal sources.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis of 

11 chapter 55 of title 49, United States Code, is amended 

12 by substituting the following for the item designated 5506:

‘‘Sec. 5506. Multimodal research program.’’.

13 SEC. 5303. COMMERCIAL REMOTE SENSING PRODUCTS. 

14 Section 5113 of the Transportation Equity Act of the 

15 21st Century (23 U.S.C. 502 note) is amended by revising 

16 subsection (b) to read as follows: 

17 ‘‘(b) PROGRAM.—

18 ‘‘(1) NATIONAL POLICY.—The Secretary shall 

19 establish and maintain a national policy for the use 

20 of commercial remote sensing products and spatial 

21 information technologies in national transportation 

22 infrastructure development and construction.

23 ‘‘(2) POLICY IMPLEMENTATION.—The Sec24 retary shall develop new applications of commercial 

25 remote sensing products and spatial information 
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1 technologies for the implementation of the national 

2 policy established and maintained under (b)(1) of 

3 this section.’’. 

4 SEC. 5304. TRANSPORTATION SCHOLARSHIP OPPORTUNI5 TIES PROGRAM. 

6 (a) IN GENERAL.—

7 (1) The Secretary may establish and implement 

8 a scholarship program for the purpose of attracting 

9 qualified students for transportation-related critical 

10 jobs. 

11 (2) The Secretary may accomplish this objective 

12 by developing a program in partnership with appro13 priate non-governmental institutions. 

14 (b) PARTICIPATION AND FUNDING.—An operating 

15 administration of the Department of Transportation and 

16 the Office of Inspector General of the Department of 

17 Transportation (DOT) may participate in the scholarship 

18 program. Notwithstanding any other law, the Secretary 

19 may use funds available to an operating administration 

20 or from the Office of Inspector General for the purpose 

21 of carrying out this provision. 
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1 Subtitle D—Transportation Data 

2 and Analysis 

3 SEC. 5401. BUREAU OF TRANSPORTATION STATISTICS. 

4 Section 111 of title 49, United States Code, is 

5 amended by deleting subsections (b) through (k) and in6 serting the following new subsections, as follows: 

7 ‘‘(b) DIRECTOR.—

8 ‘‘(1) The Bureau shall be headed by a Director, 

9 who shall be appointed by the President, by and 

10 with the advice and consent of the Senate. 

11 ‘‘(2) The Director shall be appointed from 

12 among individuals who are qualified to serve by vir13 tue of their training and experience in the collection, 

14 analysis and use of transportation data. 

15 ‘‘(3) The Director shall report directly to the 

16 Secretary of Transportation. 

17 ‘‘(4) The term of the Director shall be 4 years. 

18 The Director may continue to serve after the expira19 tion of the term until a successor is appointed and 

20 confirmed. 

21 ‘‘(c) RESPONSIBILITIES.—The Director of the Bu22 reau shall serve as the Secretary’s senior advisor on data 

23 and statistics and be responsible for carrying out the fol24 lowing duties: 
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1 ‘‘(1) Collecting, analyzing and disseminating 

2 data concerning the domestic and international 

3 movement of freight. 

4 ‘‘(2) Collecting, analyzing and disseminating 

5 data concerning travel patterns for local and long6 distance travel, at the local, State, national and 

7 international levels. 

8 ‘‘(3) Developing, analyzing and disseminating 

9 information on the economics of transportation. 

10 ‘‘(4) Building and disseminating the transpor11 tation layer of the National Spatial Data Infrastruc12 ture, including coordinating the development of 

13 transportation geospatial data standards, compiling 

14 intermodal geospatial data, and collecting geospatial 

15 data that is not being collected by others. 

16 ‘‘(5) Developing, publishing and disseminating 

17 a comprehensive set of measures of investment, use, 

18 costs, performance and impacts of the national 

19 transportation system, including publishing an an20 nual transportation statistics abstract; and identi21 fying information needs and reviewing such needs at 

22 least annually with the Advisory Council on Trans23 portation Statistics. 

24 ‘‘(6) Conducting or supporting research relating 

25 to methods of gathering or analyzing transportation 
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1 statistics and issuing guidelines for the collection of 

2 information by the Department in order to ensure 

3 that such information is accurate, relevant, com4 parable, accessible and in a form that permits sys5 tematic analysis. 

6 ‘‘(d) COORDINATING COLLECTION OF INFORMA7 TION.—The Director shall work with the operating admin8 istrations of the Department to establish and implement 

9 the Bureau’s data programs and to improve the coordina10 tion of information collection efforts with other Federal 

11 agencies. 

12 ‘‘(e) SUPPORTING TRANSPORTATION DECISION13 MAKING.—The Director shall ensure that the statistics 

14 compiled under this section are relevant for transportation 

15 policy, planning, and decision making by the Federal Gov16 ernment, State and local governments, transportation-re17 lated associations, private businesses, and the public. The 

18 Director shall provide, to the Department’s other oper19 ating administrations, technical assistance on collecting, 

20 compiling, analyzing and verifying transportation data 

21 and statistics and the design of surveys. 

22 ‘‘(f) RESEARCH AND DEVELOPMENT GRANTS.—

23 ‘‘(1) The Secretary may make grants to, or 

24 enter into cooperative agreements or contracts with, 

25 public and nonprofit private entities (including State 
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1 transportation departments, metropolitan planning 

2 organizations, and institutions of higher education) 

3 if the grants—

4 ‘‘(A) provide for an alternative means of 

5 accomplishing program-related research; 

6 ‘‘(B) contribute to research and develop7 ment of new methods of data collection; or 

8 ‘‘(C) improve the methods for sharing geo9 graphic data. 

10 ‘‘(2) Not more than $500,000 of the amounts 

11 made available to carry out this section in a fiscal 

12 year may be used for Research and Development 

13 Grants. 

14 ‘‘(g) TRANSPORTATION STATISTICS ANNUAL RE15 PORT.—By March 31 of each year, the Director shall 

16 transmit to the President and Congress a report that in17 cludes information on the subjects covered by subsection 

18 (c) of this section, documentation of the methods used to 

19 obtain the information and ensure the quality of the statis20 tics presented in the report, and recommendations for im21 proving transportation statistical information. 

22 ‘‘(h) PROCEEDS OF DATA PRODUCT SALES.—Not23 withstanding section 3302 of title 31, United States Code, 

24 funds received by the Bureau from the sale of data prod25 ucts, for necessary expenses incurred, may be credited to 
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1 the Highway Trust Fund (other than the Mass Transit 

2 Account) for the purpose of reimbursing the Bureau for 

3 the expenses. 

4 ‘‘(i) LIMITATIONS ON STATUTORY CONSTRUCTION.—

5 Nothing in this section shall be construed to—

6 ‘‘(1) authorize the Bureau to require any other 

7 department or agency to collect data; or 

8 ‘‘(2) reduce the authority of any other officer of 

9 the Department of Transportation to collect and dis10 seminate data independently. 

11 ‘‘(j) MANDATORY RESPONSE AUTHORITY FOR

12 FREIGHT DATA COLLECTION.—Whoever, being the 

13 owner, official, agent, person in charge, or assistant to the 

14 person in charge, of any corporation, company, business, 

15 institution, establishment, or organization of any nature 

16 whatsoever, neglects or refuses, when requested by the Di17 rector or other authorized officer, employee or contractor 

18 of the Bureau, to answer completely and correctly to the 

19 best of his/her knowledge all questions relating to the cor20 poration, company, business, institution, establishment, or 

21 other organization, or to records or statistics in his/her 

22 official custody, contained in a data collection request pre23 pared and submitted under the authority of subsection 

24 (c)(1), shall be fined not more than $500; and if the indi-
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1 vidual willfully gives a false answer to a question, shall 

2 be fined not more than $10,000. 

3 ‘‘(k) PROHIBITION ON CERTAIN DISCLOSURES.—

4 ‘‘(1) An officer, employee or contractor of the 

5 Bureau may not—

6 ‘‘(A) make any disclosure in which the 

7 data provided by an individual or organization 

8 under subsection (c) can be identified; 

9 ‘‘(B) use the information provided under 

10 subsection (c) for a nonstatistical purpose; or 

11 ‘‘(C) permit anyone other than an indi12 vidual authorized by the Director to examine 

13 any individual report provided under subsection 

14 (c). 

15 ‘‘(2)(A) No department, bureau, agency, officer, 

16 or employee of the United States (except the Direc17 tor in carrying out this section) may require, for any 

18 reason, a copy of any report that has been filed 

19 under subsection (c) with the Bureau or retained by 

20 an individual respondent. 

21 ‘‘(B) A copy of a report described in subpara22 graph (A) that has been retained by an individual 

23 respondent or filed with the Bureau or any of its 

24 employees, contractors, or agents— 
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1 ‘‘(i) shall be immune from legal process; 

2 and 

3 ‘‘(ii) shall not, without the consent of the 

4 individual concerned, be admitted as evidence or 

5 used for any purpose in any action, suit, or 

6 other judicial or administrative proceeding. 

7 ‘‘(C) This subsection shall apply only to reports 

8 that permit information concerning an individual or 

9 organization to be reasonably inferred by direct or 

10 indirect means. 

11 ‘‘(3) In a case in which the Bureau is author12 ized by statute to collect data or information for a 

13 nonstatistical purpose, the Director shall clearly dis14 tinguish the collection of the data or information, by 

15 rule and on the collection instrument, so as to in16 form a respondent that is requested or required to 

17 supply the data or information of the nonstatistical 

18 purpose. 

19 ‘‘(l) DATA ACCESS.—The Director shall have access 

20 to transportation and transportation-related information 

21 in the possession of any Federal agency except informa22 tion—

23 ‘‘(1) the disclosure of which to another Federal 

24 agency is expressly prohibited by law; or 
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1 ‘‘(2) the disclosure of which the agency so re2 quested determines would significantly impair the 

3 discharge of authorities and responsibilities which 

4 have been delegated to, or vested by law, in such 

5 agency. 

6 ‘‘(m) ADVISORY COUNCIL ON TRANSPORTATION STA7 TISTICS.—

8 ‘‘(1) The Bureau of Transportation Statistics 

9 has an Advisory Council on Transportation Statis10 tics. 

11 ‘‘(2) It shall be the function of the advisory 

12 council established under this subsection to advise 

13 the Director of the Bureau of Transportation Statis14 tics on transportation statistics and analyses, includ15 ing whether or not the statistics and analysis dis16 seminated by the Bureau of Transportation Statis17 tics are of high quality and are based upon the best 

18 available objective information. 

19 ‘‘(3) The advisory council established under this 

20 subsection shall be composed of not more than 6 

21 members appointed by the Director who are not offi22 cers or employees of the United States and who have 

23 expertise in transportation data collection or analysis 

24 or application (except for 1 member who shall have 
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1 expertise in economics and 1 member who shall have 

2 expertise in statistics). 

3 ‘‘(4) The Federal Advisory Committee Act (5 

4 App. U.S.C.) shall apply to the advisory council es5 tablished under this section, except that section 14 

6 of the Federal Advisory Committee Act shall not 

7 apply to the Advisory Committee established under 

8 this section.’’. 

9 Subtitle E—Intelligent 

10 Transportation Systems Research 

11 SEC. 5501. SHORT TITLE. 

12 This subtitle may be cited as the ‘‘Intelligent Trans13 portation Systems Act of 2003’’. 

14 SEC. 5502. GOALS AND PURPOSES. 

15 (a) GOALS.—The goals of the intelligent transpor16 tation system program include—

17 (1) enhancement of surface transportation effi18 ciency and facilitation of intermodalism and inter19 national trade to enable existing facilities to meet a 

20 significant portion of future transportation needs, 

21 including public access to employment, goods, and 

22 services, and to reduce regulatory, financial, and 

23 other transaction costs to public agencies and sys24 tem users; 
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1 (2) achievement of national transportation safe2 ty goals, including the enhancement of safe oper3 ation of motor vehicles and nonmotorized vehicles as 

4 well as improved emergency response to a crash, 

5 with particular emphasis on decreasing the number 

6 and severity of collisions;

7 (3) protection and enhancement of the natural 

8 environment and communities affected by surface 

9 transportation, with particular emphasis on assisting 

10 State and local governments to achieve national en11 vironmental goals; 

12 (4) accommodation of the needs of all users of 

13 surface transportation systems, including operators 

14 of commercial vehicles, passenger vehicles, and mo15 torcycles, including individuals with disabilities; and 

16 (5) improvement of the Nation’s ability to re17 spond to security related or other man made emer18 gencies and natural disasters and enhancement of 

19 national defense mobility. 

20 (b) PURPOSES.—The Secretary shall implement ac21 tivities under the intelligent system transportation pro22 gram to, at a minimum—

23 (1) expedite, in both metropolitan and rural 

24 areas, deployment and integration of intelligent 
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1 transportation systems for consumers of passenger 

2 and freight transportation; 

3 (2) ensure that Federal, State, and local trans4 portation officials have adequate knowledge of intel5 ligent transportation systems for full consideration 

6 in the transportation planning process; 

7 (3) improve regional cooperation and operations 

8 planning for effective intelligent transportation sys9 tem deployment; 

10 (4) promote the innovative use of private re11 sources; 

12 (5) facilitate, in cooperation with the motor ve13 hicle industry, the introduction of a vehicle-based 

14 safety enhancing systems; 

15 (6) support the application of intelligent trans16 portation systems that increase the safety and effi17 ciency of commercial vehicle operations; and 

18 (7) develop a workforce capable of developing, 

19 operating, and maintaining intelligent transportation 

20 systems. 

21 SEC. 5503. GENERAL AUTHORITIES AND REQUIREMENTS. 

22 (a) SCOPE.—Subject to the provisions of this subtitle, 

23 the Secretary shall conduct an ongoing intelligent trans24 portation system program to research, develop, and oper25 ationally test intelligent transportation systems and ad-
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1 vance nationwide deployment of such systems as a compo2 nent of the surface transportation systems of the United 

3 States. 

4 (b) POLICY.—Intelligent transportation system re5 search projects and operational tests funded pursuant to 

6 this subtitle shall encourage and not displace public-pri7 vate partnerships or private sector investment in such 

8 tests and projects. 

9 (c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 

10 AND EDUCATIONAL ENTITIES.—The Secretary shall carry 

11 out the intelligent transportation system program in co12 operation with State and local governments and other pub13 lic entities, the United States private sector, the Federal 

14 laboratories, and colleges and universities, including his15 torically black colleges and universities and other minority 

16 institutions of higher education. 

17 (d) CONSULTATION WITH FEDERAL OFFICIALS.—In 

18 carrying out the intelligent transportation system pro19 gram, the Secretary, as appropriate, shall consult with the 

20 Secretary of Commerce, the Secretary of the Treasury, the 

21 Administrator of the Environmental Protection Agency, 

22 the Secretary of Homeland Security, the Director of the 

23 National Science Foundation, and the heads of other Fed24 eral departments and agencies. 
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1 (e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR2 MATION.—The Secretary may provide technical assistance, 

3 training, and information to State and local governments 

4 seeking to implement, operate, maintain, or evaluate intel5 ligent transportation system technologies and services. 

6 (f) TRANSPORTATION PLANNING.—The Secretary 

7 may provide funding to support adequate consideration of 

8 transportation systems management and operations, in9 cluding intelligent transportation systems, within metro10 politan and statewide transportation planning processes. 

11 (g) INFORMATION CLEARINGHOUSE.—

12 (1) IN GENERAL.—The Secretary shall—

13 (A) maintain a repository for technical and 

14 safety data collected as a result of federally 

15 sponsored projects carried out under this sub16 title; and 

17 (B) on request, make that information (ex18 cept for proprietary information and data) 

19 readily available to all users of the repository at 

20 an appropriate cost. 

21 (2) AGREEMENT.—

22 (A) IN GENERAL.—The Secretary may 

23 enter into an agreement with a third party for 

24 the maintenance of the repository for technical 
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1 and safety data under paragraph (1)(A) of this 

2 subsection. 

3 (B) FEDERAL FINANCIAL ASSISTANCE.—If 

4 the Secretary delegates the responsibility, the 

5 entity to which the responsibility is delegated 

6 shall be eligible for Federal financial assistance 

7 under this section. 

8 (h) ADVISORY COMMITTEES.—

9 (1) IN GENERAL.—In carrying out this subtitle, 

10 the Secretary may use one or more advisory commit11 tees. 

12 (2) APPLICABILITY OF FEDERAL ADVISORY

13 COMMITTEE ACT.—Any advisory committee so used 

14 shall be subject to the Federal Advisory Committee 

15 Act (5 U.S.C. App.). 

16 (i) EVALUATIONS.—

17 (1) GUIDELINES AND REQUIREMENTS.—

18 (A) IN GENERAL.—The Secretary shall 

19 issue guidelines and requirements for the eval20 uation of operational tests and deployment 

21 projects carried out under this subtitle. 

22 (B) OBJECTIVITY AND INDEPENDENCE.—

23 The guidelines and requirements issued under 

24 subparagraph (A) shall include provisions to en25 sure the objectivity and independence of the 
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1 evaluator so as to avoid any real or apparent 

2 conflict of interest or potential influence on the 

3 outcome by parties to any such test or deploy4 ment project or by any other formal evaluation 

5 carried out under this subtitle. 

6 (C) FUNDING.—The guidelines and re7 quirements issued under subparagraph (A) shall 

8 establish evaluation funding levels based on the 

9 size and scope of each test or project that en10 sure adequate evaluation of the results of the 

11 test or project.

12 (2) SPECIAL RULE.—Any survey, questionnaire, 

13 or interview that the Secretary considers necessary 

14 to carry out the evaluation of any test, deployment 

15 project, or program assessment activity under this 

16 subtitle shall not be subject to chapter 35 of title 44. 

17 (j) USE OF RIGHTS-OF-WAY.—Intelligent transpor18 tation system projects specified in sections 5117(b)(3) and 

19 5117(b)(6) of the Transportation Equity Act for the 21st 

20 Century and involving privately owned intelligent trans21 portation system components that are carried out using 

22 funds made available from the Highway Trust Fund shall 

23 not be subject to any law or regulation of a State or polit24 ical subdivision of a State prohibiting or regulating com25 mercial activities in the rights-of-way of a highway for 
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1 which Federal-aid highway funds have been utilized for 

2 planning, design, construction, or maintenance, if the Sec3 retary of Transportation determines that such use is in 

4 the public interest. Nothing in this subsection shall affect 

5 the authority of a State or political subdivision of a State 

6 to regulate highway safety. 

7 SEC. 5504. NATIONAL ARCHITECTURE AND STANDARDS. 

8 (a) IN GENERAL.—

9 (1) DEVELOPMENT, IMPLEMENTATION, AND

10 MAINTENANCE.—Consistent with section 12(d) of 

11 the National Technology Transfer and Advancement 

12 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 

13 the Secretary shall develop, implement, and maintain 

14 a national architecture and supporting standards 

15 and protocols to promote the widespread use and 

16 evaluation of intelligent transportation system tech17 nology as a component of the surface transportation 

18 systems of the United States. 

19 (2) INTEROPERABILITY AND EFFICIENCY.—To 

20 the maximum extent practicable, the national archi21 tecture shall promote interoperability among, and ef22 ficiency of, intelligent transportation system tech23 nologies implemented throughout the United States. 

24 (3) USE OF STANDARDS DEVELOPMENT ORGA25 NIZATIONS.—In carrying out this section, the Sec-
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1 retary may use the services of such standards devel2 opment organizations as the Secretary determines to 

3 be appropriate. 

4 (b) PROVISIONAL STANDARDS.—

5 (1) IN GENERAL.—If the Secretary finds that 

6 the development or balloting of an intelligent trans7 portation system standard jeopardizes the timely 

8 achievement of the objectives identified in subsection 

9 (a), the Secretary may establish a provisional stand10 ard after consultation with affected parties, and 

11 using, to the extent practicable, the work product of 

12 appropriate standards development organizations. 

13 (2) PERIOD OF EFFECTIVENESS.—A provisional 

14 standard established under paragraph (1) or (2) 

15 shall be published in the Federal Register and re16 main in effect until the appropriate standards devel17 opment organization adopts and publishes a stand18 ard. 

19 (c) CONFORMITY WITH NATIONAL ARCHITEC20 TURE.—

21 (1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), the Secretary shall ensure that 

23 intelligent transportation system projects carried out 

24 using funds made available from the Highway Trust 

25 Fund, including funds made available under this 
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1 subtitle to deploy intelligent transportation system 

2 technologies, conform to the national architecture, 

3 applicable standards or provisional standards, and 

4 protocols developed under subsection (a). 

5 (2) SECRETARY’S DISCRETION.—The Secretary 

6 may authorize exceptions to paragraph (1) for—

7 (A) Projects designed to achieve specific 

8 research objectives outlined in the National ITS 

9 Program Plan or the Surface Transportation 

10 Research and Development Strategic Plan de11 veloped under section 508 of title 23, United 

12 States Code; or 

13 (B) The upgrade or expansion of an intel14 ligent transportation system in existence on the 

15 date of enactment of this subtitle, if the Sec16 retary determines that the upgrade or expan17 sion—

18 (i) would not adversely affect the 

19 goals or purposes of this subtitle; 

20 (ii) is carried out before the end of 

21 the useful life of such system; and 

22 (iii) is cost-effective as compared to 

23 alternatives that would meet the con24 formity requirement of paragraph (1). 
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1 (3) EXCEPTIONS.—Paragraph (1) shall not 

2 apply to funds used for operation or maintenance of 

3 an intelligent transportation system in existence on 

4 the date of enactment of this subtitle. 

5 SEC. 5505. RESEARCH AND DEVELOPMENT. 

6 (a) IN GENERAL.—The Secretary shall carry out a 

7 comprehensive program of intelligent transportation sys8 tem research, development, and operational tests of intel9 ligent vehicles and intelligent infrastructure systems, and 

10 other similar activities that are necessary to carry out this 

11 subtitle. 

12 (b) PRIORITY AREAS.—Under the program, the Sec13 retary shall give higher priority to funding projects that—

14 (1) enhance mobility and productivity through 

15 improved traffic management, incident management, 

16 transit management, freight management, road 

17 weather management, toll collection, traveler infor18 mation, or highway operations systems; 

19 (2) enhance safety through improved crash20 avoidance and protection, crash and other notifica21 tion, commercial vehicle operations, and infrastruc22 ture-based or cooperative safety systems; 

23 (3) enhance security through improved response 

24 to security related emergencies, and improved trans25 portation security systems; and 
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1 (4) facilitate the integration of intelligent infra2 structure, vehicle, and control technologies. 

3 (c) FEDERAL SHARE.—The Federal share of the cost 

4 of operational tests and demonstrations under subsection 

5 (a) shall not exceed 80 percent. 

6 SEC. 5506. USE OF FUNDS. 

7 (a) OUTREACH AND PUBLIC RELATIONS LIMITA8 TION.—

9 (1) IN GENERAL.—For each fiscal year, not 

10 more than $5,000,000 of the funds made available 

11 to carry out this subtitle shall be used for intelligent 

12 transportation system outreach, public relations, dis13 plays, scholarships, tours, and brochures.

14 (2) APPLICABILITY.—Paragraph (1) shall not 

15 apply to intelligent transportation system training or 

16 the publication or distribution of research findings, 

17 technical guidance, or similar documents. 

18 (b) INFRASTRUCTURE DEVELOPMENT.—Funds made 

19 available to carry out this subtitle for operational tests—

20 (1) shall be used primarily for the development 

21 of intelligent transportation system infrastructure; 

22 and 

23 (2) to the maximum extent practicable, shall 

24 not be used for the construction of physical highway 

25 and transit infrastructure unless the construction is 
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1 incidental and critically necessary to the implemen2 tation of an intelligent transportation system 

3 project. 

4 SEC. 5507. DEFINITIONS. 

5 In this subtitle, the following definitions apply: 

6 (1) INCIDENT.—In this section, the term ‘‘inci7 dent’’ means a crash, a natural disaster, work zone 

8 activity, special event, or other emergency road user 

9 occurrence that adversely affects or impedes the nor10 mal flow of traffic. 

11 (2) INTELLIGENT TRANSPORTATION INFRA12 STRUCTURE.—The term ‘‘intelligent transportation 

13 infrastructure’’ means fully integrated public sector 

14 intelligent transportation system components, as de15 fined by the Secretary. 

16 (3) INTELLIGENT TRANSPORTATION SYSTEM.—

17 The term ‘‘intelligent transportation system’’ means 

18 electronics, communications, or information proc19 essing used singly or in combination to improve the 

20 efficiency or safety of a surface transportation sys21 tem. 

22 (4) NATIONAL ARCHITECTURE.—The term ‘‘na23 tional architecture’’ means the common framework 

24 for interoperability that defines—
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1 (A) the functions associated with intel2 ligent transportation system user services; 

3 (B) the physical entities or subsystems 

4 within which the functions reside; 

5 (C) the data interfaces and information 

6 flows between physical subsystems; and 

7 (D) the communications requirements as8 sociated with the information flows. 

9 (5) PROJECT.—The term ‘‘project’’ means a 

10 undertaking to research, develop, or operationally 

11 test intelligent transportation systems or any other 

12 undertaking eligible for assistance under this sub13 title. 

14 (6) STANDARD.—The term ‘‘standard’’ means a 

15 document that—

16 (A) contains technical specifications or 

17 other precise criteria for intelligent transpor18 tation systems that are to be used consistently 

19 as rules, guidelines, or definitions of character20 istics so as to ensure that materials, products, 

21 processes, and services are fit for their pur22 poses; and 

23 (B) may support the national architecture 

24 and promote—
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1 (i) the widespread use and adoption of 

2 intelligent transportation system tech3 nology as a component of the surface 

4 transportation systems of the United 

5 States; and 

6 (ii) interoperability among intelligent 

7 transportation system technologies imple8 mented throughout the States. 

9 (7) STATE.—The term ‘‘State’’ has the mean10 ing given the term under section 101 of title 23, 

11 United States Code. 

12 (8) TRANSPORTATION SYSTEMS MANAGEMENT

13 AND OPERATIONS.—The term ‘‘transportation sys14 tems management and operations’’ has the meaning 

15 given the term under section 101(a) of title 23, 

16 United States Code, as amended by section 1701 of 

17 this Act. 

18 SEC. 5508. REPEAL. 

19 The Transportation Equity Act for the 21st Century 

20 is amended by striking subtitle C of title V. 
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1 TITLE VI—TRANSPORTATION 

2 PLANNING; INTERMODAL FA3 CILITIES 

4 SEC. 6001. TRANSPORTATION PLANNING. 

5 (a) IN GENERAL.—Subtitle III of title 49, United 

6 States Code, is amended by adding the following after 

7 chapter 51: 

8 ‘‘CHAPTER 52—TRANSPORTATION 

9 PLANNING

‘‘Sec. 

‘‘5201. Policy. 

‘‘5202. Definitions. 

‘‘5203. Metropolitan transportation planning. 

‘‘5204. Statewide transportation planning.

10 ‘‘§ 5201. Policy 

11 ‘‘(a) It is in the national interest to—

12 ‘‘(1) encourage and promote the safe and effi13 cient management, operation, and development of 

14 surface transportation systems that will serve the 

15 mobility needs of people and freight and foster eco16 nomic growth and development within and between 

17 States and urbanized areas, while minimizing trans18 portation-related fuel consumption and air and water 

19 pollution through metropolitan and statewide trans20 portation planning processes identified in this chap21 ter; 
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1 ‘‘(2) encourage the continued improvement and 

2 evolution of the metropolitan and statewide trans3 portation planning processes by metropolitan plan4 ning organizations, State Departments of Transpor5 tation, and public transit operators through the use 

6 of performance-based approaches in the development 

7 of transportation plans and investments as guided 

8 by the planning factors identified in subsection 

9 5203(f) and 5204(d) of this chapter; and 

10 ‘‘(3) encourage private enterprise participation 

11 in projects and transportation services.

12 ‘‘(b) The provisions of sections 5203–5204 of this 

13 chapter shall be jointly administered by the Federal High14 way and Federal Transit Administrators. 

15 ‘‘§ 5202. Definitions 

16 ‘‘(a) Unless otherwise specified in subsection (b), the 

17 definitions in section 101(a) of title 23 and section 5302 

18 of this title are applicable to this chapter. 

19 ‘‘(b) As used in this chapter—

20 ‘‘(1) CONSULTATION.—The term ‘consultation’ 

21 means that one party confers with another identified 

22 party in accordance with an established process and, 

23 prior to taking action(s), considers that party’s 

24 views and periodically informs that party about ac25 tion(s) taken. 
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1 ‘‘(2) METROPOLITAN PLANNING AREA.—The 

2 term ‘metropolitan planning area’ means the geo3 graphic area determined by agreement between the 

4 metropolitan planning organization and the Gov5 ernor as defined in section 5203(c) of this title. 

6 ‘‘(3) METROPOLITAN PLANNING ORGANIZATION

7 (MPO).—The term ‘metropolitan planning organiza8 tion’ means the Policy Board of the organization 

9 created as a result of the designation process defined 

10 in section 5203(b) of this title. 

11 ‘‘(4) NON-METROPOLITAN AREA.—The term 

12 ‘non-metropolitan area’ means the geographic area 

13 outside designated metropolitan planning areas. 

14 ‘‘(5) NON-METROPOLITAN LOCAL OFFICIAL.—

15 The term ‘non-metropolitan local official’ means 

16 elected and appointed officials of general purpose 

17 local government, in non-metropolitan areas, with ju18 risdiction/responsibility for transportation. 

19 ‘‘(6) URBANIZED AREA.—The term ‘urbanized 

20 area’ means a geographic area with a population of 

21 50,000 or more, as designated by the Bureau of the 

22 Census. 

23 ‘‘(7) STATE.—The term ‘State’ means a State 

24 of the United States, the District of Columbia, and 

25 Puerto Rico. 
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1 § 5203. Metropolitan transportation planning 

2 ‘‘(a) GENERAL REQUIREMENTS.—

3 ‘‘(1) DEVELOPMENT OF PLANS.—To accomplish 

4 the objectives stated in section 5201, metropolitan 

5 planning organizations designated under subsection 

6 (b) of this section, in cooperation with the State and 

7 public transportation operators, shall develop trans8 portation plans for metropolitan planning areas of 

9 the State. 

10 ‘‘(2) CONTENTS.—The plans for each metro11 politan area shall provide for the development and 

12 integrated management and operation of transpor13 tation systems and facilities (including pedestrian 

14 walkways and bicycle transportation facilities) that 

15 will function as an intermodal transportation system 

16 for the metropolitan planning area and as an inte17 gral part of an intermodal transportation system for 

18 the State and the United States. 

19 ‘‘(3) PROCESS OF DEVELOPMENT.—The proc20 ess for developing the plans shall provide for consid21 eration of all modes of transportation and shall be 

22 continuing, cooperative, and comprehensive to the 

23 degree appropriate, based on the complexity of the 

24 transportation problems to be addressed. 

25 ‘‘(4) PLANNING AND PROJECT DEVELOP26 MENT.—The metropolitan planning organization, the 
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1 State Department of Transportation, and the appro2 priate public transportation provider shall agree 

3 upon the approaches that will be used to evaluate al4 ternatives and identify transportation improvements 

5 that address the most complex problems and press6 ing transportation needs in the metropolitan area. 

7 ‘‘(b) DESIGNATION OF METROPOLITAN PLANNING

8 ORGANIZATIONS.—

9 ‘‘(1) IN GENERAL.—To carry out the transpor10 tation planning process required by this section, a 

11 metropolitan planning organization (MPO) shall be 

12 designated for each urbanized area with a population 

13 of more than 50,000 individuals—

14 ‘‘(A) by agreement between the Governor 

15 and units of general purpose local government 

16 that together represent at least 75 percent of 

17 the affected population (including the largest 

18 incorporated city (based on population) as 

19 named by the Bureau of the Census); or 

20 ‘‘(B) in accordance with procedures estab21 lished by applicable State or local law. 

22 ‘‘(2) STRUCTURE.—Each metropolitan planning 

23 organization that serves an area identified as a 

24 transportation management area, when designated 
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1 or redesignated under this subsection, shall consist 

2 of—

3 ‘‘(A) local elected officials; 

4 ‘‘(B) officials of public agencies that ad5 minister or operate major modes of transpor6 tation in the metropolitan area; and 

7 ‘‘(C) appropriate State officials. 

8 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC9 TION.—Nothing in this subsection shall be construed 

10 to interfere with the authority, under any State law 

11 in effect on December 18, 1991, of a public agency 

12 with multimodal transportation responsibilities to—

13 ‘‘(A) develop plans and programs for adop14 tion by a metropolitan planning organization; 

15 and 

16 ‘‘(B) develop long-range capital plans, co17 ordinate transit services and projects, and carry 

18 out other activities pursuant to State law. 

19 ‘‘(4) CONTINUING DESIGNATION.—A designa20 tion of a metropolitan planning organization under 

21 this subsection or any other provision of law shall 

22 remain in effect until the metropolitan planning or23 ganization is redesignated under paragraph (5). 

24 ‘‘(5) REDESIGNATION PROCEDURES.—A metro25 politan planning organization may be redesignated 
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1 by agreement between the Governor and units of 

2 general purpose local government that together rep3 resent at least 75 percent of the existing planning 

4 area population (including the largest incorporated 

5 city (based on population) as named by the Bureau 

6 of the Census) as appropriate to carry out this sec7 tion. 

8 ‘‘(6) DESIGNATION OF MORE THAN 1 METRO9 POLITAN PLANNING ORGANIZATION.—More than 1 

10 metropolitan planning organization may be des11 ignated within an existing metropolitan planning 

12 area only if the Governor and the existing metropoli13 tan planning organization determine that the size 

14 and complexity of the existing metropolitan planning 

15 area make designation of more than 1 metropolitan 

16 planning organization for the area appropriate. 

17 ‘‘(c) METROPOLITAN PLANNING AREA BOUND18 ARIES.—

19 ‘‘(1) IN GENERAL.—For the purposes of this 

20 section, the boundaries of a metropolitan planning 

21 area shall be determined by agreement between the 

22 metropolitan planning organization and the Gov23 ernor. 

24 ‘‘(2) INCLUDED AREA.—Each metropolitan 

25 planning area—
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1 ‘‘(A) shall encompass at least the existing 

2 urbanized area and the contiguous area ex3 pected to become urbanized within a 20-year 

4 forecast period for the transportation plan; and 

5 ‘‘(B) may encompass the entire metropoli6 tan statistical area or consolidated metropolitan 

7 statistical area, as defined by the Office of 

8 Management and Budget. 

9 ‘‘(3) IDENTIFICATION OF NEW URBANIZED

10 AREA WITHIN EXISTING PLANNING AREA BOUND11 ARIES.—The designation by the Bureau of the Cen12 sus of new urbanized areas within an existing metro13 politan planning area shall not require the redesig14 nation of the existing metropolitan planning organi15 zation. 

16 ‘‘(4) EXISTING METROPOLITAN PLANNING

17 AREAS IN NONATTAINMENT.—Notwithstanding para18 graph (2), in the case of an urbanized area des19 ignated as a nonattainment area for ozone or carbon 

20 monoxide under the Clean Air Act (42 U.S.C. 7401 

21 et seq.), the boundaries of the metropolitan planning 

22 area in existence as of the date of enactment of this 

23 paragraph shall be retained, except that the bound24 aries may be adjusted by agreement of the Governor 
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1 and affected metropolitan planning organizations in 

2 the manner described in subsection (c)(5). 

3 ‘‘(5) NEW METROPOLITAN PLANNING AREAS IN

4 NONATTAINMENT.—In the case of an urbanized area 

5 designated after the date of enactment of this para6 graph in a nonattainment area for ozone or carbon 

7 monoxide, the boundaries of the metropolitan plan8 ning area—

9 ‘‘(A) shall be established in the manner de10 scribed in subsection (b)(1); 

11 ‘‘(B) shall encompass the areas described 

12 in paragraph (c)(2)(A); 

13 ‘‘(C) may encompass the areas described in 

14 paragraph (c)(2)(B); and 

15 ‘‘(D) may address any nonattainment iden16 tified under the Clean Air Act (42 U.S.C. 7401 

17 et seq.) for ozone or carbon monoxide. 

18 ‘‘(d) COORDINATION IN MULTISTATE AREAS.—

19 ‘‘(1) IN GENERAL.—The Secretary shall encour20 age each Governor with responsibility for a portion 

21 of a multistate metropolitan area and the appro22 priate metropolitan planning organizations to pro23 vide coordinated transportation planning for the en24 tire metropolitan area. 
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1 ‘‘(2) INTERSTATE COMPACTS.—The consent of 

2 Congress is granted to any 2 or more States—

3 ‘‘(A) to enter into agreements or compacts, 

4 not in conflict with any law of the United 

5 States, for cooperative efforts and mutual as6 sistance in support of activities authorized 

7 under this section as the activities pertain to 

8 interstate areas and localities within the States; 

9 and 

10 ‘‘(B) to establish such agencies, joint or 

11 otherwise, as the States may determine desir12 able for making the agreements and compacts 

13 effective. 

14 ‘‘(3) LAKE TAHOE REGION.—

15 ‘‘(A) DEFINITION.—In this paragraph, the 

16 term ‘Lake Tahoe region’ has the meaning 

17 given the term ‘region’ in subdivision (a) of ar18 ticle II of the Tahoe Regional Planning Com19 pact, as set forth in the first section of Public 

20 Law 96–551 (94 Stat. 3234). 

21 ‘‘(B) TRANSPORTATION PLANNING PROC22 ESS.—The Secretary shall—

23 ‘‘(i) establish with the Federal land 

24 management agencies that have jurisdic25 tion over land in the Lake Tahoe region a 
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1 transportation planning process for the re2 gion; and 

3 ‘‘(ii) coordinate the transportation 

4 planning process with the planning process 

5 required of State and local governments 

6 under this section and section 5204. 

7 ‘‘(C) INTERSTATE COMPACT.—

8 ‘‘(i) IN GENERAL.—Subject to clause 

9 (ii), notwithstanding subsection (b), to 

10 carry out the transportation planning proc11 ess required by this section, the consent of 

12 Congress is granted to the States of Cali13 fornia and Nevada to designate a metro14 politan planning organization for the Lake 

15 Tahoe region, by agreement between the 

16 Governors of the States of California and 

17 Nevada and units of general purpose local 

18 government that together represent at 

19 least 75 percent of the affected population 

20 (including the central city or cities (as de21 fined by the Bureau of the Census)), or in 

22 accordance with procedures established by 

23 applicable State or local law.

24 ‘‘(ii) INVOLVEMENT OF FEDERAL

25 LAND MANAGEMENT AGENCIES.—
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1 ‘‘(I) REPRESENTATION.—The 

2 policy board of a metropolitan plan3 ning organization designated under 

4 clause (i) shall include a representa5 tive of each Federal land management 

6 agency that has jurisdiction over land 

7 in the Lake Tahoe region. 

8 ‘‘(II) FUNDING.—In addition to 

9 funds made available to the metropoli10 tan planning organization under other 

11 provisions of title 23 and under chap12 ter 53 of this title, not more than 1 

13 percent of the funds allocated under 

14 section 202 of title 23 may be used to 

15 carry out the transportation planning 

16 process for the Lake Tahoe region 

17 under this subparagraph. 

18 ‘‘(D) ACTIVITIES.—Highway projects in19 cluded in transportation plans developed under 

20 this paragraph—

21 ‘‘(i) shall be selected for funding in a 

22 manner that facilitates the participation of 

23 the Federal land management agencies 

24 that have jurisdiction over land in the 

25 Lake Tahoe region; and 
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1 ‘‘(ii) may, in accordance with chapter 

2 2 of title 23, be funded using funds allo3 cated under section 202 of title 23. 

4 ‘‘(e) COORDINATION OF MPOS.—

5 ‘‘(1) NONATTAINMENT AREAS.—If more than 1 

6 metropolitan planning organization has authority 

7 within a metropolitan area or an area which is des8 ignated as a nonattainment area for ozone or carbon 

9 monoxide under the Clean Air Act, each metropoli10 tan planning organization shall consult with the 

11 other metropolitan planning organizations des12 ignated for such area and the State in the coordina13 tion of plans required by this section. 

14 ‘‘(2) TRANSPORTATION IMPROVEMENTS LO15 CATED IN MULTIPLE MPOS.—If a transportation 

16 improvement, funded from the highway trust fund, 

17 is located within the boundaries of more than 1 met18 ropolitan planning area, the metropolitan planning 

19 organizations shall coordinate plans regarding the 

20 transportation improvement. 

21 ‘‘(3) INTERREGIONAL AND INTERSTATE

22 PROJECT IMPACTS.—Planning for NHS, commuter 

23 rail projects or other projects with substantial im24 pacts outside a single metropolitan planning area or 
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1 State shall be coordinated directly with the affected, 

2 contiguous MPOs and States. 

3 ‘‘(4) COORDINATION WITH OTHER PLANNING

4 PROCESSES.—The Secretary shall encourage each 

5 MPO to coordinate its planning process, to the max6 imum extent practicable, with those officials respon7 sible for other types of planning activities that are 

8 affected by transportation, including State and local 

9 planned growth, economic development, environ10 mental protection, airport operations, and freight. 

11 The metropolitan planning process shall develop 

12 transportation plans with due consideration of, and 

13 in coordination with, other related planning activities 

14 within the metropolitan area. This should include 

15 the design and delivery of transportation services 

16 within the metropolitan area that are provided by: 

17 ‘‘(A) recipients of assistance under chapter 

18 53 of this title; 

19 ‘‘(B) governmental agencies and nonprofit 

20 organizations (including representatives of the 

21 agencies and organizations) that receive Federal 

22 assistance from a source other than the Depart23 ment of Transportation to provide non-emer24 gency transportation services; and 
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1 ‘‘(C) recipients of assistance under section 

2 204 of title 23. 

3 ‘‘(f) SCOPE OF PLANNING PROCESS.—

4 ‘‘(1) IN GENERAL.—The goals and objectives 

5 developed through the metropolitan planning process 

6 for a metropolitan planning area under this section 

7 shall address the following factors as they relate to 

8 the performance of the metropolitan area transpor9 tation systems to: 

10 ‘‘(A) support the economic vitality of the 

11 metropolitan area, especially by enabling global 

12 competitiveness, productivity, and efficiency, in13 cluding through services provided by public and 

14 private operators; 

15 ‘‘(B) increase the safety of the transpor16 tation system for motorized and nonmotorized 

17 users; 

18 ‘‘(C) increase the security of the transpor19 tation system for motorized and nonmotorized 

20 users; 

21 ‘‘(D) increase the accessibility and mobility 

22 of people and for freight, including through 

23 services provided by public and private opera24 tors; 
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1 ‘‘(E) protect and enhance the environment, 

2 promote energy conservation, and promote con3 sistency between transportation improvements 

4 and State and local planned growth and eco5 nomic development patterns; 

6 ‘‘(F) enhance the integration and 

7 connectivity of the transportation system, 

8 across and between modes, for people and 

9 freight, including through services provided by 

10 public and private operators; 

11 ‘‘(G) promote efficient system management 

12 and operation; and 

13 ‘‘(H) emphasize the preservation of the ex14 isting transportationsystem, including services 

15 provided by public and private operators. 

16 ‘‘(2) FAILURE TO CONSIDER FACTORS.—The 

17 failure to consider any factor specified in paragraph 

18 (1) shall not be reviewable by any court under title 

19 23 or this title, subchapter II of chapter 5 of title 

20 5, or chapter 7 of title 5 in any matter affecting 

21 a transportation plan, a transportation improvement 

22 plan, a project or strategy, or the certification of a 

23 planning process. 

24 ‘‘(g) DEVELOPMENT OF TRANSPORTATION PLAN.—
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1 ‘‘(1) IN GENERAL.—Each metropolitan plan2 ning organization shall prepare, and update at least 

3 every five years a transportation plan for its metro4 politan planning area in accordance with the require5 ments of this subsection. 

6 ‘‘(2) TRANSPORTATION PLAN.—A transpor7 tation plan under this section shall be in a form that 

8 the Secretary determines to be appropriate and shall 

9 contain, at a minimum, the following: 

10 ‘‘(A) An identification of transportation fa11 cilities (including but not necessarily limited to 

12 major roadways, transit, multimodal and inter13 modal facilities, and intermodal connectors) 

14 that should function as an integrated metropoli15 tan transportation system, giving emphasis to 

16 those facilities that serve important national 

17 and regional transportation functions. In for18 mulating the transportation plan, the metropoli19 tan planning organization shall consider factors 

20 described in subsection (f) as such factors re21 late to a 20 year forecast period. 

22 ‘‘(B) A financial plan that demonstrates 

23 how the adopted transportation plan can be im24 plemented, indicates resources from public and 

25 private sources that are reasonably expected to 
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1 be made available to carry out the plan, and 

2 recommends any additional financing strategies 

3 for needed projects and programs. The financial 

4 plan may include, for illustrative purposes, ad5 ditional projects that would be included in the 

6 adopted transportation plan if reasonable addi7 tional resources beyond those identified in the 

8 financial plan were available. However, no illus9 trative project may be advanced without an ac10 tion of the Secretary. For the purpose of devel11 oping the transportation plan, the metropolitan 

12 planning organization, transit operator and 

13 State shall cooperatively develop estimates of 

14 funds that will be available to support plan im15 plementation. 

16 ‘‘(C) Operational and management strate17 gies to improve the performance of existing 

18 transportation facilities to relieve vehicular con19 gestion and maximize the safety and mobility of 

20 people and goods. 

21 ‘‘(D) Capital investment and other strate22 gies to preserve the existing metropolitan trans23 portation infrastructure and provide for 

24 multimodal capacity increases based on regional 

25 priorities and needs. 
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1 ‘‘(E) Proposed transportation and transit 

2 enhancement activities. 

3 ‘‘(3) COORDINATION WITH CLEAN AIR ACT

4 AGENCIES.—In metropolitan areas which are in non5 attainment for ozone or carbon monoxide under the 

6 Clean Air Act, the metropolitan planning organiza7 tion shall coordinate the development of transpor8 tation plan with the process for development of the 

9 transportation control measures of the State imple10 mentation plan required by the Clean Air Act. 

11 ‘‘(4) TRANSPORTATION CONFORMITY.— 

12 ‘‘(A) For the purposes of Section 7506 of 

13 title 42, United States Code, the transportation 

14 plan shall be considered to be a transportation 

15 plan or a portion of a transportation plan, de16 veloped pursuant to this section that extends 

17 for the longest of the following periods: 

18 ‘‘(i) the first 10-year period of any 

19 such plan, 

20 ‘‘(ii) the latest year in the area’s ap21 plicable implementation plan which con22 tains a motor vehicle emissions budget, or 

23 ‘‘(iii) the completion date of a region24 ally significant project, if the project re-
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1 quires approval before the subsequent con2 formity determination. 

3 ‘‘(B) A regional motor vehicle emissions 

4 analysis for the last year of the transportation 

5 plan shall be developed for information pur6 poses only, if such year extends beyond the time 

7 frame established by subparagraph (A). The re8 sults of the analysis shall be provided to in9 volved governors, the Administrator of the En10 vironmental Protection Agency, and the Sec11 retary of the Department of Transportation, 

12 and should be considered by air quality and 

13 transportation planning agencies in subsequent 

14 updates of air quality and transportation plans. 

15 The results of this analysis shall be made avail16 able to the public. 

17 ‘‘(5) PARTICIPATION BY INTERESTED PAR18 TIES.—Before the approval of a transportation plan 

19 by the Governor and metropolitan planning organi20 zation, each metropolitan planning organization shall 

21 provide citizens, affected public agencies, representa22 tives of public transportation employees, freight 

23 shippers, providers of freight transportation services, 

24 private providers of transportation, representatives 

25 of users of public transit, representatives of users of 
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1 pedestrian walkways and bicycle transportation fa2 cilities, and other interested parties with a reason3 able opportunity to comment on the transportation 

4 plan, in a manner that the Secretary deems appro5 priate. 

6 ‘‘(6) APPROVAL OF TRANSPORTATION PLAN.—

7 ‘‘(A) Each transportation plan prepared by 

8 a metropolitan planning organization shall be—

9 ‘‘(i) approved by the MPO; and 

10 ‘‘(ii) submitted to the Governor for 

11 approval of the first five years of the plan. 

12 ‘‘(B) The projects listed in the first five 

13 years of the plan may be selected for advance14 ment consistent with the project selection re15 quirements. Major amendments (addition, dele16 tion, or concept and scope change of a region17 ally significant project) to this list would re18 quire appropriate public involvement, financial 

19 planning, transportation conformity analyses 

20 and a finding by the FHWA and FTA that the 

21 amended plan was produced in a manner con22 sistent with this section. 

23 ‘‘(7) INCLUDED PROJECTS.—

24 ‘‘(A) PROJECTS UNDER CHAPTER 1 OF

25 TITLE 23 AND CHAPTER 53 OF TITLE 49.—A 
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1 transportation plan developed under this section 

2 for a metropolitan area shall include the 

3 projects and strategies within the area that are 

4 proposed for funding under chapter 1 of title 

5 23 and chapter 53 of title 49. 

6 ‘‘(B) PROJECTS UNDER CHAPTER 2 OF

7 TITLE 23—REGIONALLY SIGNIFICANT

8 PROJECTS.—Regionally significant projects pro9 posed for funding under chapter 2 of title 23 

10 shall be identified individually in the metropoli11 tan transportation plan. 

12 ‘‘(C) OTHER PROJECTS.—Projects pro13 posed for funding under chapter 2 of title 23 

14 that are not determined to be regionally signifi15 cant shall be grouped in 1 line item or identi16 fied individually in the metropolitan transpor17 tation plan. 

18 ‘‘(8) SELECTION OF PROJECTS.—

19 ‘‘(A) IN GENERAL.—Except as otherwise 

20 provided in subsection (h)(4) the selection of 

21 federally funded projects in metropolitan plan22 ning areas shall be carried out, from the ap23 proved transportation plan—

24 ‘‘(i) by—
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1 ‘‘(I) in the case of projects under 

2 chapter 1 of title 23, the State; 

3 ‘‘(II) in the case of projects 

4 under section 5307 of this title, the 

5 designated transit funding recipients; 

6 and 

7 (III) in the case of projects under 

8 5308, 5310, 5311, and 5317, the 

9 State; and 

10 ‘‘(ii) in cooperation with the metro11 politan planning organization. 

12 ‘‘(B) MODIFICATIONS TO PROJECT PRI13 ORITY.—Notwithstanding any other provision of 

14 law, action by the Secretary shall not be re15 quired to advance a project from the first five 

16 years of the plan included in the approved 

17 transportation plan in place of another project 

18 in the same five-year period. 

19 ‘‘(9) PUBLICATION.—

20 ‘‘(A) PUBLICATION OF TRANSPORTATION

21 PLAN.—A transportation plan involving federal 

22 participation shall be published or otherwise 

23 made readily available by the metropolitan plan24 ning organization for public review. 
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1 ‘‘(B) PUBLICATION OF ANNUAL LISTINGS

2 OF PROJECTS.—An annual listing of projects, 

3 including investments in pedestrian walkways 

4 and bicycle transportation facilities, for which 

5 Federal funds have been obligated in the pre6 ceding five years shall be published or otherwise 

7 made available by the cooperative effort of the 

8 State, transit operator and the metropolitan 

9 planning organization for public review. The 

10 listing shall be consistent with the funding cat11 egories identified in the first five years of the 

12 transportation plan. 

13 ‘‘(h) TRANSPORTATION MANAGEMENT AREAS.—

14 ‘‘(1) REQUIRED IDENTIFICATION.—The Sec15 retary shall identify as a transportation management 

16 area each urbanized area (as defined by the Bureau 

17 of the Census) with a population of over 200,000 in18 dividuals. 

19 ‘‘(2) TRANSPORTATION PLANS.—In a metropoli20 tan planning area serving a transportation manage21 ment area, transportation plans shall be based on a 

22 continuing and comprehensive transportation plan23 ning process carried out by the metropolitan plan24 ning organization in cooperation with the State and 

25 transit operators. 
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1 ‘‘(3) CONGESTION MANAGEMENT SYSTEM.—

2 Within a metropolitan planning area serving a trans3 portation management area, the transportation plan4 ning process under this section shall address conges5 tion management through a process that provides 

6 for effective management and operation, based on a 

7 cooperatively developed and implemented metropoli8 tan-wide strategy, of new and existing transportation 

9 facilities eligible for funding under title 23 and chap10 ter 53 of this title through the use of travel demand 

11 reduction and operational management strategies. 

12 The Secretary shall establish an appropriate phase13 in schedule for compliance with the requirements of 

14 this section but no sooner than one-year after the 

15 identification of a transportation management area. 

16 ‘‘(4) SELECTION OF PROJECTS.—

17 ‘‘(A) IN GENERAL.—All federally funded 

18 projects carried out within the boundaries of a 

19 metropolitan planning area serving a transpor20 tation management area under title 23 (exclud21 ing projects carried out on the National High22 way System and projects carried out under the 

23 bridge program or the Interstate maintenance 

24 program) or under chapter 53 of this title shall 

25 be selected for implementation from the ap-
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1 proved transportation plan by the metropolitan 

2 planning organization designated for the area in 

3 consultation with the State and any affected 

4 public transit operator. 

5 ‘‘(B) NATIONAL HIGHWAY SYSTEM

6 PROJECTS.—Projects, carried out within the 

7 boundaries of a metropolitan planning area 

8 serving a transportation management area, on 

9 the National Highway System and projects car10 ried out within such boundaries under the 

11 bridge program or the Interstate maintenance

12 program under title 23 shall be selected for im13 plementation from the approved transportation 

14 plan by the State in cooperation with the met15 ropolitan planning organization designated for 

16 the area. 

17 ‘‘(5) CERTIFICATION.—

18 ‘‘(A) IN GENERAL.—The Secretary shall—

19 ‘‘(i) ensure that the metropolitan 

20 planning process of an MPO serving a 

21 transportation management area is being 

22 carried out in accordance with applicable 

23 provisions of Federal law; and 

24 ‘‘(ii) subject to subparagraph (B), cer25 tify, not less often than once every 5 years 
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1 that the requirements of this paragraph 

2 are met with respect to the metropolitan 

3 planning process. 

4 ‘‘(B) REQUIREMENTS FOR CERTIFI5 CATION.—The Secretary may make the certifi6 cation under subparagraph (A) if—

7 ‘‘(i) the transportation planning proc8 ess complies with the requirements of this 

9 section and other applicable requirements 

10 of Federal law; and 

11 ‘‘(ii) there is a transportation plan for 

12 the metropolitan planning area that has 

13 been approved by the metropolitan plan14 ning organization and the Governor. 

15 ‘‘(C) EFFECT OF FAILURE TO CERTIFY.—

16 ‘‘(i) WITHHOLDING OF PROJECT

17 FUNDS.—If a metropolitan planning proc18 ess of a metropolitan planning organization 

19 serving a TMA is not certified, the Sec20 retary may withhold a portion or all of the 

21 funds available to metropolitan planning 

22 area of the metropolitan planning organi23 zation for projects funded under title 23 

24 and chapter 53 of this title. 
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1 ‘‘(ii) RESTORATION OF WITHHELD

2 FUNDS.—The withheld funds shall be re3 stored to the metropolitan planning area at 

4 such time as the metropolitan planning 

5 process is certified by the Secretary. 

6 ‘‘(D) REVIEW OF CERTIFICATION.—In 

7 making certification determinations under this 

8 paragraph, the Secretary shall provide for pub9 lic involvement appropriate to the metropolitan 

10 area under review. 

11 ‘‘(i) ABBREVIATED PLANS FOR CERTAIN AREAS.—

12 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

13 in the case of a metropolitan area not designated as 

14 a transportation management area under this sec15 tion, the Secretary may provide for the development 

16 of an abbreviated transportation plan for the metro17 politan planning area that the Secretary determines 

18 is appropriate to achieve the purposes of this sec19 tion, taking into account the complexity of transpor20 tation problems in the area. 

21 ‘‘(2) NONATTAINMENT AREAS.—The Secretary 

22 may not permit abbreviated plans for a metropolitan 

23 area that is in nonattainment for ozone or carbon 

24 monoxide under the Clean Air Act (42 U.S.C. 7401 

25 et seq.). 
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1 ‘‘(j) ADDITIONAL REQUIREMENTS FOR CERTAIN

2 NONATTAINMENT AREAS.—

3 ‘‘(1) IN GENERAL.—Notwithstanding any other 

4 provisions of title 23 or chapter 53 of this title, for 

5 transportation management areas classified as non6 attainment for ozone or carbon monoxide pursuant 

7 to the Clean Air Act, Federal funds may not be ad8 vanced in such area for any highway project that 

9 will result in a significant increase in carrying ca10 pacity for single-occupant vehicles unless the project 

11 is addressed through a congestion management proc12 ess. 

13 ‘‘(2) APPLICABILITY.—This subsection applies 

14 to a nonattainment area within the metropolitan 

15 planning area boundaries determined under sub16 section (c). 

17 ‘‘(k) LIMITATION ON STATUTORY CONSTRUCTION.—

18 Nothing in this section shall be construed to confer on 

19 a metropolitan planning organization the authority to im20 pose legal requirements on any transportation facility, 

21 provider, or project not eligible under title 23 or chapter 

22 53 of this title. 

23 ‘‘(l) FUNDING.—Funds set aside under section 104(f) 

24 of title 23 or section 5305(h) of this title shall be available 

25 to carry out this section. 
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1 ‘‘(m) CONTINUATION OF CURRENT REVIEW PRAC2 TICE.—Since plans described in this section are subject 

3 to a reasonable opportunity for public comment, individual 

4 projects included in plans are subject to review under the 

5 National Environmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.), and decisions by the Secretary concerning 

7 plans described in this section have not been reviewed 

8 under such Act as of January 1, 1997, any decision by 

9 the Secretary concerning a plan described in this section 

10 shall not be considered to be a Federal action subject to 

11 review under the National Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et seq.). 

13 ‘‘(n) RELATIONSHIP TO THE NEPA PROCESS.—

14 ‘‘(1) To expedite the planning and development 

15 of transportation improvements in compliance with 

16 this section and section 5204 and the National Envi17 ronmental Policy Act (42 U.S.C. 4321 et seq.), to 

18 facilitate compliance with the Clean Water Act (33 

19 U.S.C. 1251 et seq.) and other Federal environ20 mental laws, and to fulfill the directive in section 

21 1308 of the Transportation Equity Act for the 21st 

22 Century, Public Law 105–206, to integrate the 

23 major investment study requirement into the trans24 portation planning and National Environmental Pol25 icy Act processes, the Secretary and heads of other 
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1 Federal agencies shall presume that the results of 

2 studies developed as part of the planning process es3 tablish the basis for an environmental assessment or 

4 impact statement, provided that such studies, pursu5 ant to the provisions of this section—

6 ‘‘(A) are consistent with subsection (a)(4) 

7 of this section; 

8 ‘‘(B) provided opportunities for citizens 

9 and interested parties to participate during the 

10 studies;

11 ‘‘(C) included consideration of an appro12 priate range of alternatives, such as alternative 

13 modes, technologies, general alignments, and 

14 policies; and 

15 ‘‘(D) considered the planning factors of 

16 subsection (f)(1) . 

17 ‘‘(2) The results of studies developed as part of 

18 the planning process and that are presumed to es19 tablish the basis for an environmental assessment or 

20 impact statement, as described in subsection (1) of 

21 this section, include, but are not limited to—

22 ‘‘(A) the purpose and need; 

23 ‘‘(B) the alternatives selected for evalua24 tion in an environmental assessment or impact 

25 statement; and 
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1 ‘‘(C) an assessment of environmental im2 pacts related to development growth, including 

3 indirect and cumulative effects, that is con4 sistent with local land use, growth management, 

5 or development plans. 

6 ‘‘(3) The results of studies developed during the 

7 planning process may be appended to or incor8 porated by reference in and used to substantiate an 

9 environmental assessment or impact statement. 

10 ‘‘§ 5204. Statewide transportation planning 

11 ‘‘(a) GENERAL REQUIREMENTS.—

12 ‘‘(1) DEVELOPMENT OF PLANS AND PRO13 GRAMS.—To accomplish the objectives stated in sec14 tion 5201, each State shall develop a statewide 

15 transportation plan and a statewide Transportation 

16 Improvement Program (STIP) for all areas of the 

17 State subject to section 5203. 

18 ‘‘(2) CONTENTS.—The statewide transportation 

19 plan and the STIP developed for each State shall 

20 provide for the development and integrated manage21 ment and operation of transportation systems and 

22 facilities (including pedestrian walkways and bicycle 

23 transportation facilities) that will function as an 

24 intermodal transportation system for the State and 
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1 an integral part of an intermodal transportation sys2 tem for the United States. 

3 ‘‘(3) PROCESS OF DEVELOPMENT.—The process 

4 for developing the statewide plan and the STIP shall 

5 provide for consideration of all modes of transpor6 tation and the policies stated in section 5201, and 

7 shall be continuing, cooperative, and comprehensive 

8 to the degree appropriate, based on the complexity 

9 of the transportation problems to be addressed. 

10 ‘‘(b) COORDINATION WITH METROPOLITAN PLAN11 NING; STATE IMPLEMENTATION PLAN.—A State shall—

12 ‘‘(1) coordinate planning carried out under this 

13 section with the transportation planning activities 

14 carried out under section 5203 of this title for met15 ropolitan areas of the State and with other related 

16 Statewide planning activities such as trade and eco17 nomic development and related multi-State planning 

18 efforts, 

19 ‘‘(2) develop the transportation portion of the 

20 State implementation plan as required by the Clean 

21 Air Act (42 U.S.C. 7401 et seq.), and 

22 ‘‘(3) participate in the integration of planning 

23 and environmental studies pursuant to section 

24 5203(n) of this chapter. 
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1 ‘‘(c) INTERSTATE AGREEMENTS.—The consent of 

2 Congress is granted to 2 or more States entering into 

3 agreements or compacts, not in conflict with any law of 

4 the United States, for cooperative efforts and mutual as5 sistance in support of activities authorized under this sec6 tion related to interstate areas and localities in the States 

7 and establishing authorities the States consider desirable 

8 for making the agreements and compacts effective. 

9 ‘‘(d) SCOPE OF PLANNING PROCESS.—

10 ‘‘(1) IN GENERAL.—Each State shall carry out 

11 a Statewide transportation planning process that 

12 provides for consideration of projects, strategies and 

13 implementing projects and services that will—

14 ‘‘(A) support the economic vitality of the 

15 United States, the States, non-metropolitan 

16 areas, and metropolitan areas, especially by en17 abling global competitiveness, productivity, and 

18 efficiency; 

19 ‘‘(B) increase the safety of the transpor20 tation system for motorized and non-motorized 

21 users; 

22 ‘‘(C) increase the security of the transpor23 tation system for motorized and non-motorized 

24 users; 
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1 ‘‘(D) increase the accessibility and mobility 

2 of people and freight; 

3 ‘‘(E) protect and enhance the environment, 

4 promote energy conservation, promote consist5 ency between transportation improvements and 

6 State and local planned growth and economic 

7 development patterns, and improve the quality 

8 of life; 

9 ‘‘(F) enhance the integration and 

10 connectivity of the transportation system, 

11 across and between modes throughout the 

12 State, for people and freight; 

13 ‘‘(G) promote efficient system management 

14 and operation; and 

15 ‘‘(H) emphasize the preservation of the ex16 isting transportation system. 

17 ‘‘(2) FAILURE TO CONSIDER FACTORS.—The 

18 failure to consider any factor specified in paragraph 

19 (1) of this subsection shall not be reviewable by any 

20 court under title 23 or this title, subchapter II of 

21 chapter 5 of title 5, or chapter 7 of title 5 in any 

22 matter affecting a statewide transportation plan, the 

23 STIP, a project or strategy, or the certification of 

24 a planning process. 
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1 ‘‘(e) ADDITIONAL REQUIREMENTS.—In carrying out 

2 planning under this section, each State shall consider, at 

3 a minimum, 

4 ‘‘(1) with respect to non-metropolitan areas, the 

5 concerns of affected local officials with responsibility 

6 for transportation;

7 ‘‘(2) the concerns of Indian tribal governments 

8 and Federal land management agencies that have 

9 jurisdiction over land within the boundaries of the 

10 State; and 

11 ‘‘(3) coordination of transportation plans, the 

12 STIP, and planning activities with related planning 

13 activities being carried out outside of metropolitan 

14 planning areas and between States. 

15 ‘‘(f) STATEWIDE TRANSPORTATION PLAN.—

16 ‘‘(1) DEVELOPMENT.—Each State shall develop 

17 a statewide transportation plan, with a minimum 

18 20-year forecast period, updated at least every five 

19 years, for all areas of the State, that provides for 

20 the development and implementation of the inter21 modal transportation system of the State. 

22 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—

23 ‘‘(A) METROPOLITAN AREAS.—The state24 wide transportation plan shall be developed for 

25 each metropolitan area in the State in coopera-
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1 tion with the metropolitan planning organiza2 tion designated for the metropolitan area under 

3 section 5203. 

4 ‘‘(B) NON-METROPOLITAN AREAS.—With 

5 respect to non-metropolitan areas, the statewide 

6 transportation plan shall be developed in con7 sultation with affected non-metropolitan offi8 cials with responsibility for transportation. The 

9 Secretary shall not review or approve the con10 sultation process in each State. 

11 ‘‘(C) INDIAN TRIBAL AREAS.—With respect 

12 to each area of the State under the jurisdiction 

13 of an Indian tribal government, the statewide 

14 transportation plan shall be developed in con15 sultation with the tribal government and the 

16 Secretary of the Interior. 

17 ‘‘(3) PARTICIPATION BY INTERESTED PAR18 TIES.—In developing the statewide transportation 

19 plan, the State shall—

20 ‘‘(A) provide citizens, affected public agen21 cies, representatives of public transportation 

22 employees, freight shippers, private providers of 

23 transportation, representatives of users of pub24 lic transportation, representatives of users of 

25 pedestrian walkways and bicycle transportation 
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1 facilities, providers of freight transportation 

2 services, and other interested parties with a 

3 reasonable opportunity to comment on the pro4 posed plan; and 

5 ‘‘(B) identify transportation strategies nec6 essary to efficiently serve the mobility needs of 

7 people. 

8 ‘‘(4) FINANCIAL PLAN.—The statewide trans9 portation plan may include a financial plan that 

10 demonstrates how the adopted statewide transpor11 tation plan can be implemented, indicates resources 

12 from public and private sources that are reasonably 

13 expected to be made available to carry out the plan, 

14 and recommends any additional financing strategies 

15 for needed projects and programs. The financial 

16 plan may include, for illustrative purposes, addi17 tional projects that would be included in the adopted 

18 statewide transportation plan if reasonable addi19 tional resources beyond those identified in the finan20 cial plan were available. 

21 ‘‘(5) SELECTION OF PROJECTS FROM ILLUS22 TRATIVE LIST.—A State shall not be required to se23 lect any project from the illustrative list of addi24 tional projects included in the financial plan de25 scribed in paragraph (4). 
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1 ‘‘(6) EXISTING SYSTEM.—The statewide trans2 portation plan should include capital, operations and 

3 management strategies, investments, procedures, 

4 and other measures to ensure the preservation and 

5 most efficient use of the existing transportation sys6 tem. 

7 ‘‘(g) STATEWIDE TRANSPORTATION IMPROVEMENT

8 PROGRAM (STIP).—

9 ‘‘(1) DEVELOPMENT.—Each State shall develop 

10 a statewide transportation improvement program for 

11 all areas of the State. 

12 ‘‘(2) CONSULTATION WITH GOVERNMENTS.—

13 ‘‘(A) METROPOLITAN AREAS.—With re14 spect to each metropolitan area in the State, 

15 the program shall be developed in cooperation 

16 with the metropolitan planning organization 

17 designated for the metropolitan area under sec18 tion 5203. 

19 ‘‘(B) NON-METROPOLITAN AREAS.—With 

20 respect to each non-metropolitan area in the 

21 State, the program shall be developed in con22 sultation with affected non-metropolitan local 

23 officials with responsibility for transportation. 

24 The Secretary shall not review or approve the 

25 specific consultation process in the State. 
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1 ‘‘(C) INDIAN TRIBAL AREAS.—With respect 

2 to each area of the State under the jurisdiction 

3 of an Indian tribal government, the program 

4 shall be developed in consultation with the trib5 al government and the Secretary of the Interior. 

6 ‘‘(3) PARTICIPATION BY INTERESTED PAR7 TIES.—In developing the program, the State shall 

8 provide citizens, affected public agencies, representa9 tives of public transportation employees, freight 

10 shippers, private providers of transportation, pro11 viders of freight transportation services, representa12 tives of users of public transit, representatives of 

13 users of pedestrian walkways and bicycle transpor14 tation facilities, and other interested parties with a 

15 reasonable opportunity to comment on the proposed 

16 program. 

17 ‘‘(4) INCLUDED PROJECTS.—

18 ‘‘(A) IN GENERAL.—A transportation im19 provement program developed under this sub20 section for a state shall include federally sup21 ported surface transportation expenditures 

22 within the boundaries of the State. The pro23 gram shall cover a minimum of five years, iden24 tify projects by year, be fiscally constrained by 

25 year, and be updated at least every five years. 
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1 An annual listing of projects for which funds 

2 have been obligated in the preceding five years 

3 in each metropolitan planning area shall be 

4 published or otherwise made available by the 

5 cooperative effort of the State, transit operator, 

6 and the metropolitan planning organization for 

7 public review. Regionally significant projects 

8 proposed for funding under chapter 2 of title 

9 23 shall be identified individually in the trans10 portation improvement program. Other projects 

11 proposed for funding under chapter 2 of title 

12 23 that are not determined to be regionally sig13 nificant shall be grouped in 1 line item or iden14 tified individually. The listing shall be con15 sistent with the funding categories identified in 

16 the first five years of each metropolitan trans17 portation plan. 

18 ‘‘(B) CONSISTENCY WITH STATEWIDE

19 TRANSPORTATION PLAN.—Each project shall 

20 be—

21 ‘‘(i) consistent with the statewide 

22 transportation plan developed under this 

23 section for the State; 

24 ‘‘(ii) identical to the project or phase 

25 of the project as described in each year of 
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1 the initial five years of an approved metro2 politan transportation plan; and 

3 ‘‘(iii) in conformance with the applica4 ble State air quality implementation plan 

5 developed under the Clean Air Act (42 

6 U.S.C. 7401 et seq.), if the project is car7 ried out in an area designated as non8 attainment for ozone or carbon monoxide 

9 under that Act. 

10 ‘‘(C) REQUIREMENT OF ANTICIPATED

11 FULL FUNDING.—The STIP shall include a 

12 project, or an identified phase of a project, only 

13 if full funding can reasonably be anticipated to 

14 be available for the project within the time pe15 riod contemplated for completion of the project. 

16 ‘‘(D) FINANCIAL PLAN.—The STIP may 

17 include a financial plan that demonstrates how 

18 the approved STIP can be implemented, indi19 cates resources from public and private sources 

20 that are reasonably expected to be made avail21 able to carry out the STIP, and recommends 

22 any additional financing strategies for needed 

23 projects and programs. The financial plan may 

24 include, for illustrative purposes, additional 

25 projects that would be included in the adopted 
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1 transportation plan if reasonable additional re2 sources beyond those identified in the financial 

3 plan were available. 

4 ‘‘(E) SELECTION OF PROJECTS FROM IL5 LUSTRATIVE LIST.—

6 ‘‘(i) NO REQUIRED SELECTION.—Not7 withstanding subparagraph (D), a State 

8 shall not be required to select any project 

9 from the illustrative list of additional 

10 projects included in the financial plan 

11 under subparagraph (D). 

12 ‘‘(ii) REQUIRED ACTION BY THE SEC13 RETARY.—Action by the Secretary shall be 

14 required for a State to select any project 

15 from the illustrative list of additional 

16 projects included in the financial plan 

17 under subparagraph (D) for inclusion in 

18 an approved STIP. 

19 ‘‘(F) PRIORITIES.—The STIP shall reflect 

20 the priorities for programming and expendi21 tures of funds, including transportation and 

22 transit enhancement activities, required by title 

23 23 and chapter 53 of this title, and transpor24 tation control measures included in the State’s 

25 air quality implementation plan. 
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1 ‘‘(5) PROJECT SELECTION FOR AREAS OF LESS

2 THAN 50,000 POPULATION.—Projects carried out in 

3 areas with populations of less than 50,000 individ4 uals shall be selected, from the approved STIP (ex5 cluding projects carried out on the National High6 way System and projects carried out under the 

7 bridge program or the Interstate maintenance pro8 gram under title 23 or sections 5308, 5310, 5311, 

9 and 5317 of this title), by the State in cooperation 

10 with the affected non-metropolitan local officials 

11 with responsibility for transportation. Projects car12 ried out in areas with populations of less than 

13 50,000 individuals on the National Highway System 

14 or under the bridge program or the Interstate main15 tenance program under title 23 or under sections 

16 5308, 5310, 5311, and 5317 of this title shall be se17 lected, from the approved statewide transportation 

18 improvement program, by the State in consultation 

19 with the affected local officials with responsibility for 

20 transportation. 

21 ‘‘(6) STIP APPROVAL.—A STIP developed 

22 under this subsection shall be reviewed and based on 

23 a current Planning Finding approved at least every 

24 five years by the Secretary. 
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1 ‘‘(7) PLANNING FINDING.—A finding shall be 

2 made by the Secretary at least every five years that 

3 the transportation planning process(es) through 

4 which statewide transportation plans and programs 

5 are developed are consistent with this section and 

6 section 5203. 

7 ‘‘(8) MODIFICATIONS TO PROJECT PRIORITY.—

8 Notwithstanding any other provision of law, action 

9 by the Secretary shall not be required to advance a 

10 project included in the approved STIP in place of 

11 another project in the program. 

12 ‘‘(h) FUNDING.—Funds set aside pursuant to section 

13 104(i) of title 23 and 5305(h) of this title shall be avail14 able to carry out this section. 

15 ‘‘(i) TREATMENT OF CERTAIN STATE LAWS AS CON16 GESTION MANAGEMENT SYSTEMS.—For purposes of this 

17 section and section 5203 of this title, State laws, rules 

18 or regulations pertaining to congestion management sys19 tems or programs may constitute the congestion manage20 ment system under section 5203(h)(3) if the Secretary 

21 finds that the State laws, rules or regulations are con22 sistent with, and fulfill the intent of, the purposes of sec23 tion 5203, as appropriate. 

24 ‘‘(j) CONTINUATION OF CURRENT REVIEW PRAC25 TICE.—Since the statewide transportation plan and the 
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1 STIP described in this section are subject to a reasonable 

2 opportunity for public comment, since individual projects 

3 included in the statewide transportation plans and the 

4 STIP are subject to review under the National Environ5 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and 

6 since decisions by the Secretary concerning statewide 

7 transportation plans or the STIP described in this section 

8 have not been reviewed under such Act as of January 1, 

9 1997, any decision by the Secretary concerning a metro10 politan or statewide transportation plan or the STIP de11 scribed in this section shall not be considered to be a Fed12 eral action subject to review under the National Environ13 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

14 ‘‘(k) INTEGRATION OF PLANNING AND ENVIRON15 MENTAL STUDIES.—Section 5203(n) of this chapter shall 

16 also apply to the planning process established under this 

17 section, except that the planning factors to be considered 

18 shall be those set forth in subsection (d) of this section.’’. 

19 (b) CONSISTENCY OF CONFORMITY TIMING WITH

20 THE TRANSPORTATION PLAN.—Section 7506(c)(4) of title 

21 42, United States Code, is amended—

22 (1) in subparagraph (B)(ii) by striking ‘‘, but 

23 in no case shall such determinations for transpor24 tation plans and programs be less frequent than 

25 every three years’’, and inserting ‘‘but the frequency 
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1 for making conformity determinations for transpor2 tation plans must be consistent with subparagraph 

3 (E)’’; and 

4 (2) by inserting after subparagraph (D) the fol5 lowing: 

6 ‘‘(E) The frequency for making conformity 

7 determinations on updated transportation plans 

8 shall be every five years, except when—

9 ‘‘(i) the metropolitan planning organi10 zation chooses to update a transportation 

11 plan more frequently, or 

12 ‘‘(ii) changes to the applicable imple13 mentation plan trigger a new conformity 

14 determination, as provided in regulations 

15 promulgated by the Administrator pursu16 ant to subparagraph (A) above.’’. 

17 (c) CONFORMING CLARIFICATION.—Upon date of en18 actment of this Act, the references to ‘‘program’’ and ‘‘im19 provement program’’ in section 7506 of title 42, United 

20 States Code, shall refer to the transportation plan devel21 oped pursuant to section 5203 of title 49, United States 

22 Code. 

23 (d) STREAMLINED STATE CONFORMITY RULE RE24 QUIREMENTS.—Section 7506(c)(4)(C) of title 42, United 

25 States Code, is amended to read as follows: 
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1 ‘‘(C) Such procedures shall also include a 

2 requirement that each State shall submit to the 

3 Administrator and the Secretary of Transpor4 tation, within 24 months of such date of enact5 ment, a revision to its implementation plan that 

6 includes criteria and procedures for consultation 

7 in accordance with the Administrator’s criteria 

8 and procedures for consultation required by 

9 subparagraph (B)(i) of this paragraph.’’. 

10 (e) CONFORMING AMENDMENTS.—

11 (1) The table of chapters for title 49, United 

12 States Code, is amended by inserting the following 

13 after the item relating to chapter 51:

‘‘52. Transportation Planning .................................................................. 5201’’.

14 (2) The chapter analysis for Subtitle III of title 

15 49, United States Code, is amended by inserting the 

16 following after the item relating to chapter 51:

‘‘52. Transportation Planning .................................................................. 5201’’.

17 SEC. 6002. INTERMODAL PASSENGER FACILITIES. 

18 (a) IN GENERAL.—Chapter 55 of title 49, United 

19 States Code, is amended by adding the following at the 

20 end: 
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1 ‘‘SUBCHAPTER III—INTERMODAL PASSENGER 

2 FACILITIES 

3 ‘‘§ 5571. Policy and purposes 

4 ‘‘(a) DEVELOPMENT AND ENHANCEMENT OF INTER5 MODAL PASSENGER FACILITIES.—It is in the economic in6 terest of the United States to improve the efficiency of 

7 public surface transportation modes by ensuring their con8 nection with and access to intermodal passenger terminals, 

9 thereby streamlining the transfer of passengers among 

10 modes, enhancing travel options, and increasing passenger 

11 transportation operating efficiencies. 

12 ‘‘(b) GENERAL PURPOSES.—The purposes of this 

13 subchapter are to accelerate intermodal integration among 

14 North America’s passenger transportation modes 

15 through—

16 ‘‘(1) assuring intercity public transportation ac17 cess to intermodal passenger facilities; 

18 ‘‘(2) encouraging the development of an inte19 grated system of public transportation information; 

20 and 

21 ‘‘(3) providing intercity bus intermodal pas22 senger facility grants. 

23 ‘‘§ 5572. Definitions 

24 ‘‘In this Subchapter—

25 ‘‘(1) ‘capital project’ means a project for—
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1 ‘‘(A) acquiring, constructing, improving, or 

2 renovating an intermodal facility that is related 

3 physically and functionally to intercity bus serv4 ice and establishes or enhances coordination be5 tween intercity bus service and transportation, 

6 including aviation, commuter rail, intercity rail, 

7 public transportation, seaports, and the Na8 tional Highway System, such as physical infra9 structure associated with private bus operations 

10 at existing and new intermodal facilities, includ11 ing special lanes, curb cuts, ticket kiosks and 

12 counters, baggage and package express storage, 

13 employee parking, office space, security, and 

14 signage; and 

15 ‘‘(B) establishing or enhancing coordina16 tion between intercity bus service and transpor17 tation, including aviation, commuter rail, inter18 city rail, public transportation, and the Na19 tional Highway System through an integrated 

20 system of public transportation information. 

21 ‘‘(2) ‘commuter service’ means service designed 

22 primarily to provide daily work trips within the local 

23 commuting area. 

24 ‘‘(3) ‘intercity bus service’ means regularly 

25 scheduled bus service for the general public which 
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1 operates with limited stops over fixed routes con2 necting two or more urban areas not in close prox3 imity, which has the capacity for transporting bag4 gage carried by passengers, and which makes mean5 ingful connections with scheduled intercity bus serv6 ice to more distant points, if such service is available 

7 and may include package express service, if inci8 dental to passenger transportation, but does not in9 clude air, commuter, water or rail service.

10 ‘‘(4) ‘intermodal passenger facility’ means pas11 senger terminal that does, or can be modified to, ac12 commodate several modes of transportation and re13 lated facilities, including some or all of the following: 

14 intercity rail, intercity bus, commuter rail, intra-city 

15 rail transit and bus transportation, airport limousine 

16 service and airline ticket offices, rent-a-car facilities, 

17 taxis, private parking, and other transportation serv18 ices. 

19 ‘‘(5) ‘local governmental authority’ includes—

20 ‘‘(A) a political subdivision of a State; 

21 ‘‘(B) an authority of at least one State or 

22 political subdivision of a State; 

23 ‘‘(C) an Indian tribe; and 

24 ‘‘(D) a public corporation, board, or com25 mission established under the laws of the State. 
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1 ‘‘(6) ‘owner or operator of a public transpor2 tation facility’ means an owner or operator of inter3 city-rail, intercity-bus, commuter-rail, commuter-bus, 

4 rail-transit, bus-transit, or ferry services. 

5 ‘‘(7) ‘recipient’ means a State or local govern6 mental authority or a nonprofit organization that re7 ceives a grant to carry out this section directly from 

8 the Federal government. 

9 ‘‘(8) ‘Secretary’ means the Secretary of Trans10 portation. 

11 ‘‘(9) ‘state’ means a State of the United States, 

12 the District of Columbia, Puerto Rico, the Northern 

13 Mariana Islands, Guam, American Samoa, and the 

14 Virgin Islands. 

15 ‘‘(10) ‘urban area’ means an area that includes 

16 a municipality or other built-up place that the Sec17 retary, after considering local patterns and trends of 

18 urban growth, decides is appropriate for a local pub19 lic transportation system to serve individuals in the 

20 locality. 

21 ‘‘§ 5573. Assurance of access to intermodal passenger 

22 facilities 

23 ‘‘Intercity buses and other modes of transportation 

24 shall, to the maximum extent practicable, have access to 

25 publicly funded intermodal passenger facilities including, 
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1 but not limited to, those passenger facilities seeking fund2 ing under Section 5574. 

3 ‘‘§ 5574. Intercity bus intermodal passenger facility 

4 grants 

5 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

6 Transportation may make grants under this section to re7 cipients in financing a capital project, as defined in section 

8 5572 of this chapter, only if the Secretary finds that the 

9 proposed project is justified and has adequate financial 

10 commitment. 

11 ‘‘(b) COMPETITIVE GRANT SELECTION.—The Sec12 retary shall conduct a national solicitation for applications 

13 for grants under this section. Grantees shall be selected 

14 on a competitive basis. 

15 ‘‘(c) SHARE OF NET PROJECT COSTS.—

16 ‘‘(1) A grant shall not exceed 50 percent of the 

17 net project cost, as determined by the Secretary. 

18 ‘‘(2) The portion of the net costs of an eligible 

19 project that is not funded under this section shall be 

20 from an undistributed cash surplus, a replacement 

21 or depreciation cash fund or reserve, or new capital 

22 and may include up to 30 percent from amounts ap23 propriated to or made available to a department or 

24 agency of the Federal government that are eligible 

25 to be expended for transportation. 
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1 ‘‘(d) REGULATIONS.—The Secretary may issue regu2 lations necessary to carry out this section. 

3 ‘‘§ 5575. Funding 

4 ‘‘(a) MASS TRANSIT ACCOUNT.—

5 ‘‘(1) FUNDING.—To carry out this Subchapter, 

6 there is authorized to be appropriated for each of 

7 fiscal years 2005 through 2009 from the Mass Tran8 sit Account of the Highway Trust Fund the amounts 

9 made available under section 5338(a)(2)(O) of this 

10 title. 

11 ‘‘(2) CONTRACTUAL OBLIGATIONS.—A grant 

12 approved by the Secretary of Transportation that is 

13 financed with amounts made available under sub14 section (a) of this section is a contractual obligation 

15 of the United States Government to pay the Govern16 ment’s share of the cost of the project. 

17 ‘‘(b) HIGHWAY ACCOUNT.—

18 ‘‘(1) There is authorized to be appropriated 

19 from the Highway Trust Fund (other than the Mass 

20 Transit Account) to carry out this subchapter 

21 $10,000,000 for each of fiscal years 2005 through 

22 2009. 

23 ‘‘(2) The funding made available under para24 graph (1) of this subsection shall be available for ob25 ligation in the same manner as if such funds were 
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1 apportioned under chapter 1 of title 23 and shall be 

2 subject to any obligation limitation imposed on 

3 funds for Federal-aid highways and highway safety 

4 construction programs. 

5 ‘‘(c) PERIOD OF AVAILABILITY.—Amounts made 

6 available by subsection (a) of this section shall remain 

7 available until expended.’’. 

8 (b) CONFORMING AMENDMENT.—The table of con9 tents for chapter 55 of title 49, United States Code, is 

10 amended by inserting the following at the end:

‘‘SUBCHAPTER III—INTERMODAL PASSENGER FACILITIES

‘‘Sec. 

‘‘5571. Policy and Purposes. 

‘‘5572. Definitions. 

‘‘5573. Assurance of access to intermodal facilities. 

‘‘5574. Intercity bus intermodal facility grants. 

‘‘5575. Funding.’’.

11 TITLE VII—MISCELLANEOUS 

12 Subtitle A—Railroads 

13 SEC. 7101. RAIL CORRIDOR PLANNING. 

14 Section 26101(b)(1) of Title 49, United States Code, 

15 is amended in the first sentence thereof by adding ‘‘(1)’’ 

16 after the word ‘‘determines’’ and by adding ‘‘or (2) that 

17 it is necessary to help promote an effective and efficient 

18 system of conventional speed intercity rail passenger oper19 ations’’ after the word ‘‘improvements’’. 

20 SEC. 7102. HIGH SPEED RAIL AUTHORIZATIONS. 

21 Section 26104 of Title 49, United States Code, is re22 vised to read as follows: 
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1 ‘‘§ 26104. Authorization of appropriations 

2 ‘‘(a) There are authorized to be appropriated to the 

3 Secretary $25,000,000 each year for fiscal years 2004 

4 through 2009 for carrying out section 26101 (including 

5 payment of administrative expenses related thereto).

6 ‘‘(b) There are authorized to be appropriated to the 

7 Secretary $25,000,000 each year for fiscal years 2004 

8 through 2009 for carrying out section 26102 (including 

9 payment of administrative expenses related thereto).’’

10 ‘‘(c) Funds made available under this section shall 

11 remain available until expended.’’. 

12 Subtitle B—Miscellaneous 

13 Technical Corrections to Title 49

14 SEC. 7201. CORRECTION OF OBSOLETE REFERENCES TO 

15 INTERSTATE COMMERCE COMMISSION. 

16 (a) Except as otherwise provided, a reference in this 

17 section to an amendment to, or a repeal of, a section or 

18 other provision is deemed to be a reference to a section 

19 or other provision of title 49, United States Code. 

20 (b)(1) Section 307 (Safety information and interven21 tion in Interstate Commerce Commission proceedings) is 

22 repealed. 

23 (2) The analysis of chapter 3 is amended by striking 

24 the item designated ‘‘307’’. 

25 (c) Subsections (d)(1)(C) and (e) of section 333 (Re26 sponsibility for rail transportation unification and coordi-
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1 nation projects) are amended by striking ‘‘Interstate Com2 merce Commission’’ and ‘‘Commission’’ each place the 

3 words appear and substituting ‘‘Surface Transportation 

4 Board’’ and ‘‘Board’’, respectively. 

5 (d) Section 10903(b)(2) is amended by striking 

6 ‘‘24706(c) of this title’’ and substituting ‘‘24706(c) of this 

7 title before May 31, 1998’’. 

8 (e) Section 13541(a) is amended by striking ‘‘finds 

9 that’’ and all that follows, and substituting—

10 ‘‘finds that the exemption is in the public interest and that 

11 the application of that provision—

12 ‘‘(1) is not necessary to carry out the transpor13 tation policy of section 13101; and 

14 ‘‘(2) is not needed to protect shippers from the 

15 abuse of market power or that the transaction or 

16 service is of limited scope.’’. 

17 (f)(1) Section 14704 (Rights and remedies of persons 

18 injured by carriers or brokers) is amended as follows: 

19 (A) In subsection (a)—

20 (i) strike ‘‘IN GENERAL.—’’ and all that 

21 follows through ‘‘injured’’ and substitute ‘‘EN22 FORCEMENT OF ORDER.—A person injured’’; 

23 and 

24 (ii) redesignate paragraph (2) as sub25 section (b)(2); and 
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1 (B) In subsection (b), by striking ‘‘LIABILITY

2 AND DAMAGES’’ and all that follows through ‘‘A car3 rier’’ and substitute ‘‘LIABILITY AND DAMAGES.—

4 (1) A carrier’’. 

5 (2) Section 14705(c) is amended by striking 

6 ‘‘14704(b)’’ and substituting ‘‘14704(b)(2)’’. 

7 (g)(1) Subsection (c)(3) of section 24307 (Special 

8 transportation) is amended by striking ‘‘Interstate Com9 merce Commission’’ and substituting ‘‘Surface Transpor10 tation Board’’. 

11 (2) Section 24308 (Use of facilities and providing 

12 services to Amtrak) is amended by striking ‘‘Interstate 

13 Commerce Commission’’ and ‘‘Commission’’ each place 

14 the words appear and substituting ‘‘Surface Transpor15 tation Board’’ and ‘‘Board’’, respectively. 

16 (3) Section 24311 (Acquiring interests in property by 

17 eminent domain) is amended by striking ‘‘Interstate Com18 merce Commission’’ and ‘‘Commission’’ each place the 

19 words appear and substituting ‘‘Surface Transportation 

20 Board’’ and ‘‘Board’’, respectively. 

21 (4) Section 24902 (Goals and requirements) is 

22 amended by striking ‘‘Interstate Commerce Commission’’ 

23 and ‘‘Commission’’ each place the words appear and sub24 stituting ‘‘Surface Transportation Board’’ and ‘‘Board’’, 

25 respectively. 
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1 (5) Section 24904 (General authority) is amended by 

2 striking ‘‘Interstate Commerce Commission’’ and ‘‘Com3 mission’’ each place the words appear and substituting 

4 ‘‘Surface Transportation Board’’ and ‘‘Board’’, respec5 tively. 

6 Subtitle C—Hazardous Material 

7 Transportation 

8 SEC. 7301. DEFINITIONS. 

9 Section 5102 of title 49, United States Code, is 

10 amended by revising paragraph (1) to read as follows: 

11 ‘‘(1) ‘commerce’ means trade or transportation 

12 in the jurisdiction of the United States— 

13 ‘‘(A) between a place in a State and a 

14 place outside of the State; 

15 ‘‘(B) that affects trade or transportation 

16 between a place in a State and a place outside 

17 of the State; or 

18 ‘‘(C) on a United States-registered air19 craft.’’. 

20 SEC. 7302. REPRESENTATIONS AND TAMPERING WITH HAZ21 ARDOUS MATERIAL PACKAGING. 

22 Section 5103(b)(1) of title 49, United States Code, 

23 is amended by revising subparagraph (A) to read as fol24 lows: 

25 ‘‘(A) apply to a person that—
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1 ‘‘(i) transports a hazardous material 

2 in commerce; 

3 ‘‘(ii) causes a hazardous material to 

4 be transported in commerce; 

5 ‘‘(iii) manufactures, designs, inspects, 

6 tests, reconditions, marks, or repairs a 

7 packaging or packaging component rep8 resented as qualified for use in trans9 porting hazardous material in commerce; 

10 ‘‘(iv) prepares, accepts, or rejects haz11 ardous material for transportation in com12 merce;

13 ‘‘(v) is responsible for the safety of 

14 transporting hazardous material in com15 merce; 

16 ‘‘(vi) certifies compliance with any re17 quirement issued under this chapter; 

18 ‘‘(vii) misrepresents whether it is en19 gaged in any of the above activities; or 

20 ‘‘(viii) performs any other act or func21 tion relating to the transportation in com22 merce of a hazardous material; and’’. 
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1 SEC. 7303. HAZARDOUS MATERIAL TRANSPORTATION SAFE2 TY AND SECURITY. 

3 (a) ENHANCED AUTHORITY TO DISCOVER HIDDEN

4 SHIPMENTS OF HAZARDOUS MATERIAL.—Section 5121 of 

5 title 49, United States Code, is amended by revising sub6 section (c) to read as follows: 

7 ‘‘(c) INSPECTIONS AND INVESTIGATIONS.—

8 ‘‘(1) A designated officer or employee of the 

9 Secretary may—

10 ‘‘(A) inspect and investigate, at a reason11 able time and in a reasonable way, records and 

12 property related to a function described in sec13 tion 5103(b)(1) of this chapter; 

14 ‘‘(B) except for the packaging immediately 

15 adjacent to its hazardous material contents, 

16 gain access to, open, and examine a package of17 fered for, or in, transportation when the officer 

18 or employee has an objectively reasonable and 

19 articulable belief that the package may contain 

20 a hazardous material; 

21 ‘‘(C) remove from transportation a pack22 age or related packages in a shipment offered 

23 for or in transportation, and for which such of24 ficer or employee has an objectively reasonable 

25 and articulable belief that the package or pack26 ages may pose an imminent hazard, and for 
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1 which the officer or employee contempora2 neously documents that belief in accordance 

3 with procedures established by the Secretary; 

4 ‘‘(D) gather information from the offeror, 

5 carrier, packaging manufacturer or retester, or 

6 other person responsible for the package or 

7 packages, to ascertain the nature and hazards 

8 of the contents of the package or packages; 

9 ‘‘(E) as necessary, under terms and condi10 tions specified by the Secretary, order the offer11 or, carrier, packaging manufacturer or retester, 

12 or other person responsible for the package or 

13 packages to have the package or packages 

14 transported to, opened and the contents exam15 ined and analyzed at a facility appropriate for 

16 the conduct of this activity; and 

17 ‘‘(F) when safety might otherwise be com18 promised, authorize properly qualified personnel 

19 to assist in the activities conducted under this 

20 subsection. 

21 ‘‘(2) An officer or employee acting under this 

22 subsection shall display proper credentials when re23 quested. 

24 ‘‘(3) For instances when, as a result of the in25 spection or investigation, an imminent hazard is not 
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1 found to exist, the Secretary shall develop proce2 dures to assist in the safe resumption of transpor3 tation of the package or transport unit.’’. 

4 (b) EMERGENCY AUTHORITY FOR HAZARDOUS MA5 TERIAL TRANSPORTATION.—Section 5121 is amended by 

6 striking subsection (e), redesignating subsection (d) as 

7 subsection (e), and adding a new subsection (d) to read 

8 as follows: 

9 ‘‘(d) EMERGENCY ORDERS.—

10 ‘‘(1) If, upon inspection, investigation, testing, 

11 or research, the Secretary determines that either a 

12 violation of a provision of this chapter or a regula13 tion issued under this chapter, or an unsafe condi14 tion or practice, constitutes or is causing an immi15 nent hazard, the Secretary may issue or impose 

16 emergency restrictions, prohibitions, recalls, or out17 of-service orders, without notice or the opportunity 

18 for a hearing, but only to the extent necessary to 

19 abate the imminent hazard. 

20 ‘‘(2) The Secretary’s action under paragraph 

21 (1) of this subsection shall be in a written order de22 scribing the violation, condition or practice that is 

23 causing the imminent hazard, and stating the re24 strictions, prohibitions, recalls, or out-of-service or25 ders issued or imposed. The order also shall describe 
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1 the standards and procedures for obtaining relief 

2 from the emergency order. 

3 ‘‘(3) After taking action under paragraph (1) of 

4 this subsection, the Secretary shall provide an oppor5 tunity for review of that action under section 554 of 

6 title 5, if a petition for review is filed within 20 cal7 endar days after issuance of the order. 

8 ‘‘(4) If a petition for review is filed and the re9 view is not completed by the end of the 30-day pe10 riod beginning on the date the petition was filed, the 

11 action will cease to be effective at the end of that 

12 period unless the Secretary determines in writing 

13 that the emergency situation still exists. 

14 ‘‘(5) For purposes of this subsection, ‘‘out-of15 service order’’ means a mandate that an aircraft, 

16 vessel, motor vehicle, train, railcar, locomotive, other 

17 vehicle, transport unit, transport vehicle, freight con18 tainer, portable tank, or other package not be moved 

19 until specified conditions have been met.’’. 

20 (c) SECURITY-SENSITIVE INFORMATION.—Section 

21 5121 is revised by adding a new subsection (f) to read 

22 as follows: 

23 ‘‘(f) SECURITY-SENSITIVE INFORMATION.—

24 ‘‘(1) If the Secretary determines that particular 

25 information may reveal a vulnerability of a haz-
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1 ardous material to attack during transportation in 

2 commerce, or may facilitate the diversion of haz3 ardous material during transportation in commerce 

4 for use in an attack on people or property, the infor5 mation may be disclosed only—

6 ‘‘(A) to an owner, custodian, offeror or 

7 carrier of the hazardous material; 

8 ‘‘(B) to an officer, employee or agent of a 

9 Federal, State, or local government, including a 

10 volunteer fire department, concerned with car11 rying out transportation safety laws, protecting 

12 hazardous material during the course of trans13 portation in commerce, protecting public safety, 

14 or national security issues, or enforcing federal 

15 laws designed to protect public health or the en16 vironment; or 

17 ‘‘(C) in an administrative or judicial pro18 ceeding brought under this chapter, under other 

19 federal law designed to protect public health or 

20 the environment, or one that addresses terrorist 

21 actions or threats of such actions.

22 ‘‘(2) The Secretary may make a determination 

23 under subsection (1) of this section with respect to 

24 a category of information by regulation. 
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1 ‘‘(3) A release of information pursuant to a de2 termination under subsection (1) of this section is 

3 not a release to the public within the meaning of 5 

4 U.S.C. 552.’’. 

5 (d) ENHANCEMENTS TO SECURITY RISK ASSESS6 MENT AND EMERGENCY PREPAREDNESS.—Section 5121 

7 is amended by inserting the following after subsection (f): 

8 ‘‘(g) AUTHORITY FOR GRANTS, COOPERATIVE

9 AGREEMENTS, AND OTHER TRANSACTIONS.— The Sec10 retary may enter into grants, cooperative agreements, and 

11 other transactions with a person, agency or instrumen12 tality of the United States, a unit of State or local govern13 ment, an Indian tribe, a foreign government (in coordina14 tion with the Department of State), an educational institu15 tion, or other entity to expand the risk assessment and 

16 emergency response capability with respect to hazardous 

17 materials security issues and to carry out this chapter.’’. 

18 (e) CARGO INSPECTION PROGRAM.—The Secretary of 

19 Transportation may randomly inspect cargo at U.S. Cus20 toms ports of entry in order to determine the extent to 

21 which undeclared hazardous material is being offered for 

22 transportation in commerce. Under this program, an offi23 cer or employee of the Secretary may open and inspect 

24 any cargo shipment at a U.S. Customs port of entry if 

25 that shipment has been randomly selected for inspection 
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1 by a Department supervisor who is not on site. The De2 partment of Transportation shall ensure that random in3 spections under this program are coordinated in advance 

4 with the Department of Homeland Security and provide 

5 for the effective handling and disposition of any violations 

6 found. The Secretary shall initiate such a program within 

7 one year after the date of enactment of this Act. 

8 SEC. 7304. ADMINISTRATIVE AUTHORITY FOR TRANSPOR9 TATION SERVICE AND INFRASTRUCTURE AS10 SURANCE RESEARCH. 

11 Section 112 of title 49, United States Code, is 

12 amended by adding the following new subsection to the 

13 end: 

14 ‘‘(f) ADMINISTRATIVE AUTHORITY.—

15 ‘‘(1) GRANTS, COOPERATIVE AGREEMENTS, AND

16 OTHER TRANSACTIONS.—The Administrator may 

17 enter into grants, cooperative agreements, and other 

18 transactions with Federal or other public agencies 

19 (including State and local governments) and private 

20 organizations and other persons to conduct research 

21 into transportation service and infrastructure assur22 ance and to carry out research activities of the Ad23 ministration. 

24 ‘‘(2) PROHIBITION ON CERTAIN DISCLO25 SURES.—If the Administrator determines that par-
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1 ticular information developed in research sponsored 

2 by the Administration may reveal a systemic vulner3 ability of transportation service or infrastructure, 

4 the information may be disclosed only to a person 

5 responsible for the security of the transportation 

6 service or infrastructure or with protecting public 

7 safety or to an officer, employee, or agent of a Fed8 eral, State or local government unit whose need for 

9 the information in the performance of duties is con10 curred in by the Administrator. A release of infor11 mation subject to a determination under this section 

12 is not a release to the public within the meaning of 

13 5 U.S.C. 552.’’. 

14 SEC. 7305. POSTAL SERVICE CIVIL PENALTY AUTHORITY. 

15 (a) Section 3001 of title 39, United States Code, is 

16 amended by adding a new subsection (o) as follows: 

17 ‘‘(o)(1) Except as permitted by law and Postal Serv18 ice regulation, hazardous material is nonmailable. 

19 ‘‘(2) For purposes of this section, the term ‘haz20 ardous material’ means a substance or material the Sec21 retary of Transportation designates under section 5103(a) 

22 of title 49.’’

23 (b) Chapter 30 of title 39, United States Code, is 

24 amended by adding a new section 3018 at the end as fol25 lows: 
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1 ‘‘§ 3018. Hazardous material; civil penalty 

2 ‘‘(a) REGULATIONS.—The Postal Service shall pre3 scribe regulations for the safe transportation of hazardous 

4 material in the mail. 

5 ‘‘(b) HAZARDOUS MATERIAL IN THE MAIL.—No per6 son may—

7 ‘‘(1) mail or cause to be mailed a hazardous 

8 material that has been declared by statute or Postal 

9 Service regulation to be nonmailable; 

10 ‘‘(2) mail or cause to be mailed a hazardous 

11 material in violation of any statute or Postal Service 

12 regulation restricting the time, place, or manner in 

13 which a hazardous material may be mailed; or 

14 ‘‘(3) manufacture, distribute, or sell any con15 tainer, packaging kit, or similar device that—

16 ‘‘(A) is represented, marked, certified, or 

17 sold by such person for use in the mailing of a 

18 hazardous material; and 

19 ‘‘(B) fails to conform with any statute or 

20 Postal Service regulation setting forth stand21 ards for a container, packaging kit, or similar 

22 device used for the mailing of a hazardous ma23 terial. 

24 ‘‘(c) CIVIL PENALTY.— 

25 ‘‘(1) A person that knowingly violates this sec26 tion or a regulation issued under this section is lia-
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1 ble to the Postal Service for a civil penalty of at 

2 least $250 but not more than $100,000 for each vio3 lation, and for any clean-up costs and damages. A 

4 person acts knowingly when—

5 ‘‘(A) the person has actual knowledge of 

6 the facts giving rise to the violation; or 

7 ‘‘(B) a reasonable person acting in the cir8 cumstances and exercising reasonable care 

9 would have that knowledge. 

10 ‘‘(2) Knowledge by the person of the existence 

11 of a statutory provision, or a regulation or require12 ment prescribed by the Postal Service is not an ele13 ment of an offense under this section. 

14 ‘‘(3) A separate violation occurs for each day a 

15 hazardous material, mailed or caused to be mailed in 

16 noncompliance with this section or a regulation 

17 issued under this section, is in the mail. 

18 ‘‘(4) A separate violation occurs for each item 

19 containing a hazardous material that is mailed or 

20 caused to be mailed in noncompliance with this sec21 tion or a regulation issued under this section. 

22 ‘‘(d) HEARING REQUIREMENT.—The Postal Service 

23 may find that a person has violated this section or a regu24 lation issued under this section only after notice and an 

25 opportunity for a hearing. Under this section, the Postal 
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1 Service shall impose a penalty and recover clean-up costs 

2 and damages by giving the person written notice of the 

3 amount of the penalty, clean-up costs, and damages. 

4 ‘‘(e) PENALTY CONSIDERATIONS.—In determining 

5 the amount of a civil penalty under this section, the Postal 

6 Service shall consider—

7 ‘‘(1) the nature, circumstances, extent, and 

8 gravity of the violation; 

9 ‘‘(2) with respect to the person who committed 

10 the violation, the degree of culpability, any history of 

11 prior violations, the ability to pay, and any effect on 

12 the ability to continue in business; 

13 ‘‘(3) the impact on postal operations; and 

14 ‘‘(4) other matters that justice requires. 

15 ‘‘(f) CIVIL ACTIONS TO COLLECT.—

16 ‘‘(1) In accordance with section 409(d) of this 

17 title, a civil action may be commenced in an appro18 priate district court of the United States to collect 

19 a civil penalty, clean-up costs, or damages assessed 

20 under this section. In such action, the validity, 

21 amount, and appropriateness of the civil penalty, 

22 clean-up costs, or damages shall not be subject to re23 view. 

24 ‘‘(2) The Postal Service may compromise the 

25 amount of a civil penalty, clean-up costs, or damages 
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1 assessed under this section before civil action is 

2 taken to collect the penalty, costs, or damages. 

3 ‘‘(g) CIVIL JUDICIAL PENALTIES.—At the request of 

4 the Postal Service, the Attorney General may bring a civil 

5 action in an appropriate district court of the United States 

6 to enforce this chapter or a regulation prescribed or order 

7 issued under this chapter. The court may award appro8 priate relief, including a temporary or permanent injunc9 tion, punitive damages, and assessment of civil penalties 

10 considering the same penalty amounts and factors as pre11 scribed for the Postal Service in an administrative case 

12 under this section. 

13 ‘‘(h) DEPOSITING AMOUNTS COLLECTED.—Amounts 

14 collected under this section shall be paid into the Postal 

15 Service Fund established by section 2003 of this title.’’. 

16 (c) CONFORMING AMENDMENT.—The chapter anal17 ysis for chapter 30 of title 39, United States Code, is 

18 amended by adding the following:

‘‘3018. Hazardous material; civil penalty.’’.

19 SEC. 7306. REGISTRATION. 

20 (a) IN GENERAL.—Section 5108 of title 49, United 

21 States Code, is amended—

22 (1) by striking ‘‘class A or B explosive’’ in sub23 section (a)(1)(B) and inserting ‘‘Division 1.1, 1.2, or 

24 1.3 explosive material’’; and 
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1 (2) by revising subsection (a)(2)(B) to read as 

2 follows: 

3 ‘‘(B) a person manufacturing, designing, 

4 inspecting, testing, reconditioning, marking, or 

5 repairing a packaging or packaging component 

6 represented as qualified for use in transporting 

7 a hazardous material in commerce.’’. 

8 (b) CLARIFICATION OF TITLE 18 EXEMPTION.—Sec9 tion 845(a)(1) of title 18, United States Code, is amended 

10 to read as follows: 

11 ‘‘(1) Aspects of the transportation of explosive 

12 materials via railroad, water, highway, or air that 

13 pertain to safety, including security, and are regu14 lated by the Department of Transportation or the 

15 Department of Homeland Security;’’. 

16 SEC. 7307. SHIPPING PAPER RETENTION. 

17 Section 5110 of title 49, United States Code, is 

18 amended—

19 (1) in subsection (a), by striking ‘‘under sub20 section (b) of this section’’ and inserting ‘‘by regula21 tion’’; 

22 (2) by striking subsection (b) and redesignating 

23 subsections (c)–(e) as subsections (b)–(d); and 

24 (3) by revising the first sentence in subsection 

25 (d), as redesignated, to read as follows: ‘‘The person 
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1 that provided the shipping paper and the carrier re2 quired to keep it under this section shall retain the 

3 paper, or an electronic image of it, for a period of 

4 3 years after the shipping paper was provided to the 

5 carrier, to be accessible through their respective 

6 principal places of business.’’. 

7 SEC. 7308. PLANNING AND TRAINING GRANTS. 

8 (a) Section 5116 of title 49, United States Code, is 

9 amended—

10 (1) in the second sentence of subsection (e), by 

11 striking ‘‘of the State or tribe under subsections 

12 (a)(2)(A) and (b)(2)(A)’’ and inserting ‘‘received by 

13 the State or tribe under subsections (a)(1) and 

14 (b)(1)’’; 

15 (2) revising subsection (f) to read as follows: 

16 ‘‘(f) MONITORING AND TECHNICAL ASSISTANCE.—

17 The Secretary of Transportation shall monitor public-sec18 tor emergency response planning and training for an acci19 dent or incident involving hazardous material. Considering 

20 the results of the monitoring, the Secretary shall provide 

21 technical assistance to a State, political subdivision of a 

22 State, or Indian tribe for carrying out emergency response 

23 training and planning for an accident or incident involving 

24 hazardous material and shall coordinate the assistance 

25 using the existing coordinating mechanisms of the Na-
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1 tional Response Team and, for radioactive material, the 

2 Federal Radiological Preparedness Coordinating Com3 mittee.’’; 

4 (3) in subsection (g), by striking ‘‘Government 

5 grant’’ and inserting ‘‘Federal financial assistance’’; 

6 (4) by revising subsection (i) to read as follows: 

7 ‘‘(i) EMERGENCY PREPAREDNESS FUND.—The Sec8 retary of the Treasury shall establish an Emergency Pre9 paredness Fund account in the Treasury into which the 

10 Secretary of the Treasury shall deposit amounts the Sec11 retary of Transportation transfers to the Secretary of the 

12 Treasury under section 5108(g)(2)(C) of this title. With13 out further appropriation, amounts in the account are 

14 available—

15 ‘‘(1) to make grants under this section; 

16 ‘‘(2) to monitor and provide technical assistance 

17 under subsection (f) of this section; 

18 ‘‘(3) to publish and distribute the Emergency 

19 Response Guidebook; and 

20 ‘‘(4) to pay administrative costs of carrying out 

21 this section and sections 5108(g)(2) and 5115 of 

22 this title, except that not more than 10 percent of 

23 the amounts made available from the account in a 

24 fiscal year to carry out these sections may be used 

25 to pay those costs.’’; and 
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1 (5) by striking subsection (k).

2 (b) Chapter 51 is amended by—

3 (1) revising the section heading for section 

4 5116 to read ‘‘Planning and training grants; emer5 gency preparedness fund’’; and 

6 (2) striking the item for section 5116 in the 

7 analysis of the chapter and inserting ‘‘5116. Plan8 ning and training grants; emergency preparedness 

9 fund.’’. 

10 SEC. 7309. ENFORCEMENT. 

11 Section 5122 of title 49, United States Code, is 

12 amended—

13 (1) in subsection (a), by revising the last sen14 tence to read as follows: ‘‘The court may award ap15 propriate relief, including a temporary or permanent 

16 injunction, punitive damages, and assessment of civil 

17 penalties considering the same penalty amounts and 

18 factors as prescribed for the Secretary in an admin19 istrative case under section 5123 of this chapter.’’; 

20 and 

21 (2) in subparagraph (b)(1)(B), by striking ‘‘or 

22 ameliorate the’’ and inserting ‘‘or mitigate the’’. 

23 SEC. 7310. PENALTIES. 

24 (a) Section 5123 of title 49, United States Code, is 

25 amended—
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1 (1) by revising subsection (a) to read as follows: 

2 ‘‘(a) PENALTY.—

3 ‘‘(1) A person that knowingly violates this chap4 ter, or a regulation, order, special permit, or ap5 proval issued under this chapter, is liable to the 

6 United States Government for a civil penalty of at 

7 least $250 but not more than $100,000 for each vio8 lation. 

9 ‘‘(2) Knowledge by the person of the existence 

10 of a statutory provision, or a regulation or require11 ment prescribed by the Secretary is not an element 

12 of an offense under this section. 

13 ‘‘(3) A separate violation occurs for each day 

14 the violation, committed by a person that transports 

15 or causes to be transported hazardous material, con16 tinues.’’.; and 

17 (2) by redesignating subsections (b)–(g) as sub18 sections (c)–(h) and inserting a new subsection (b) 

19 to read as follows: 

20 ‘‘(b) KNOWING VIOLATIONS.—In this section, a per21 son acts knowingly when—

22 ‘‘(1) the person has actual knowledge of the 

23 facts giving rise to the violation; or 
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1 ‘‘(2) a reasonable person acting in the cir2 cumstances and exercising reasonable care would 

3 have that knowledge.’’.; 

4 (3) in subsection (c), as redesignated, by strik5 ing the first sentence and inserting the following: 

6 ‘‘The Secretary of Transportation may find that a 

7 person has violated this chapter, or a regulation, 

8 order, special permit or approval issued under this 

9 chapter, only after notice and an opportunity for a 

10 hearing.’’; and 

11 (4) by revising subsection (e), as redesignated, 

12 to read as follows: 

13 ‘‘(e) CIVIL ACTIONS TO COLLECT.—The Attorney 

14 General may bring a civil action in an appropriate district 

15 court of the United States to collect a civil penalty under 

16 this section and any accrued interest on that penalty cal17 culated in the manner described under section 2705 of 

18 title 33. In such action, the validity, amount, and appro19 priateness of the civil penalty shall not be subject to re20 view.’’. 

21 (b) Section 5124 is revised to read as follows: 

22 ‘‘§ 5124. Criminal penalty 

23 ‘‘(a) GENERAL.—A person knowingly violating sec24 tion 5104(b) of this title or willfully or recklessly violating 

25 this chapter or a regulation, order, special permit, or ap-
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1 proval issued under this chapter, shall be fined under title 

2 18, imprisoned for not more than 5 years, or both. 

3 ‘‘(b) AGGRAVATED VIOLATIONS.—A person know4 ingly violating section 5104(b) of this chapter, or willfully 

5 or recklessly violating this chapter or a regulation, order, 

6 special permit, or approval issued under this chapter, and 

7 thereby causing the release of a hazardous material, shall 

8 be fined under title 18, imprisoned for not more than 20 

9 years, or both. 

10 ‘‘(c) KNOWING VIOLATIONS.—In this section, a per11 son acts knowingly when—

12 ‘‘(1) the person has actual knowledge of the 

13 facts giving rise to the violation; or 

14 ‘‘(2) a reasonable person acting in the cir15 cumstances and exercising reasonable care would 

16 have that knowledge. 

17 ‘‘(d) WILLFUL VIOLATIONS.—In this section, a per18 son acts willfully when—

19 ‘‘(1) the person has knowledge of the facts giv20 ing rise to the violation; and 

21 ‘‘(2) the person has knowledge that the conduct 

22 was unlawful. 

23 ‘‘(e) RECKLESS VIOLATIONS.—In this section, a per24 son acts recklessly when the person displays a deliberate 
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1 indifference or conscious disregard for the consequences 

2 of that person’s conduct. 

3 ‘‘(f) KNOWLEDGE OF REQUIREMENTS.—Knowledge 

4 by a person of the existence of a statutory provision, or 

5 a regulation or requirement prescribed by the Secretary, 

6 is not an element of an offense under this section. 

7 ‘‘(g) SEPARATE VIOLATIONS.—A separate violation 

8 occurs for each day the violation, committed by a person 

9 who transports hazardous material or who causes haz10 ardous material to be transported, continues.’’. 

11 (c) Section 46312 is amended—

12 (1) in subparagraph (a), by striking ‘‘under this 

13 part’’ and inserting ‘‘under this part or under chap14 ter 51 of this title’’; and 

15 (2) in subparagraph (b), by striking ‘‘by the 

16 Secretary’’ and inserting ‘‘by the Secretary under 

17 this part or under chapter 51 of this title’’. 

18 (d) Section 3663, title 18 United States Code, is 

19 amended in subparagraph (a)(1)(A) by striking ‘‘or sec20 tion 46312, 46502, or 46504 of title 49’’ and inserting 

21 ‘‘or section 5124, 46312, 46502, or 46504 of title 49.’’. 

22 SEC. 7311. EMERGENCY WAIVER OF PREEMPTION. 

23 Section 5125 of title 49, United States Code, is 

24 amended by adding new subsections (h), (i), and (j) to 

25 read as follows:
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1 ‘‘(h) EMERGENCY WAIVER OF PREEMPTION.—

2 ‘‘(1) The Secretary, upon a finding of good 

3 cause, may waive preemption on an expedited basis 

4 without notice and public procedure. Good cause ex5 ists when there is a possible threat that hazardous 

6 material being transported in commerce may be used 

7 in an attack on people or property, and notice and 

8 public procedure are impracticable or contrary to the 

9 public interest. 

10 ‘‘(2) An emergency waiver of preemption shall 

11 remain in effect for no more than 6 months unless, 

12 prior to its expiration, the Secretary determines that 

13 a possible threat that hazardous material being 

14 transported in commerce may be used in an attack 

15 on people or property continues to exist. 

16 ‘‘(3) An action of the Secretary under para17 graphs (1) and (2) of this subsection shall be in 

18 writing and shall describe the standards and proce19 dures for seeking reconsideration of the Secretary’s 

20 action. 

21 ‘‘(4) After taking action under paragraphs (1) 

22 or (2) of this subsection, the Secretary shall provide 

23 an opportunity for review of that action if a petition 

24 for reconsideration is filed within 20 calendar days 
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1 after the Secretary issues or extends an emergency 

2 waiver. 

3 ‘‘(5) If a petition for reconsideration is filed 

4 and the review is not completed by the end of the 

5 30-day period beginning on the date the petition was 

6 filed, the emergency waiver will cease to be effective 

7 at the end of that period unless the Secretary deter8 mines, in writing, that a possible threat that haz9 ardous material being transported in commerce may 

10 be used in an attack on people or property continues 

11 to exist. 

12 ‘‘(i) INDEPENDENT APPLICATION OF EACH STAND13 ARD.—Each preemption standard in subsections (b), 

14 (c)(1), (d), and (e) of this section and in section 5119(b) 

15 of this chapter is independent in its application to a re16 quirement of any State, political subdivision of a State, 

17 or Indian tribe. 

18 ‘‘(j) NON-FEDERAL ENFORCEMENT STANDARDS.—

19 This section does not apply to procedure, penalty, or re20 quired mental state or other standard used by a State, 

21 political subdivision of a State, or Indian tribe to enforce 

22 a requirement applicable to transportation of a hazardous 

23 material.’’. 
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1 SEC. 7312. JUDICIAL REVIEW. 

2 Chapter 51 of title 49, United States Code, is amend3 ed by redesignating section 5127 as section 5128, and by 

4 inserting after section 5126 the following new section: 

5 ‘‘SEC. 5127. JUDICIAL REVIEW. 

6 ‘‘(a) FILING AND VENUE.—Except as provided in 

7 section 20114(c) of this title, a person suffering legal 

8 wrong or adversely affected or aggrieved by a final action 

9 of the Secretary of Transportation under this chapter may 

10 petition for review of the final action in the United States 

11 Court of Appeals for the District of Columbia or in the 

12 court of appeals for the United States for the circuit in 

13 which the person resides or has its principal place of busi14 ness. The petition must be filed not more than 60 days 

15 after the Secretary’s action becomes final. 

16 ‘‘(b) JUDICIAL PROCEDURES.—When a petition is 

17 filed under subsection (a) of this section, the clerk of the 

18 court immediately shall send a copy of the petition to the 

19 Secretary. The Secretary shall file with the court a record 

20 of any proceeding in which the final action was issued, 

21 as provided in section 2112 of title 28. 

22 ‘‘(c) AUTHORITY OF COURT.—The court has exclu23 sive jurisdiction, as provided in the Administrative Proce24 dure Act, 5 U.S.C. 551 et seq., to affirm or set aside any 

25 part of the Secretary’s final action and may order the Sec26 retary to conduct further proceedings. Findings of fact by 
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1 the Secretary, if supported by substantial evidence, are 

2 conclusive. 

3 ‘‘(d) REQUIREMENT FOR PRIOR OBJECTION.—In re4 viewing a final action under this section, the court may 

5 consider an objection to a final action of the Secretary 

6 only if the objection was made in the course of a pro7 ceeding or review conducted by the Secretary or if there 

8 was a reasonable ground for not making the objection in 

9 the proceeding.’’. 

10 (b) CONFORMING AMENDMENT.—The chapter anal11 ysis for chapter 51 is amended by striking the item related 

12 to section 5127 and inserting the following:

‘‘5127. Judicial review. 

‘‘5128. Authorization of appropriations.’’.

13 Subtitle D—Sanitary Food 

14 Transportation 

15 SEC. 7401. SHORT TITLE. 

16 This Subtitle may be cited as the ‘‘Sanitary Food 

17 Transportation Act of 2003’’. 

18 SEC. 7402. RESPONSIBILITIES OF THE SECRETARY OF 

19 HEALTH AND HUMAN SERVICES. 

20 (a) UNSANITARY TRANSPORT DEEMED ADULTERA21 TION.—Section 402 of the Federal Food, Drug, and Cos22 metic Act (21 U.S.C. 342) is amended by adding at the 

23 end the following new subsection: 
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1 ‘‘(i) If it is transported under conditions that are not 

2 in compliance with the sanitary transportation practices 

3 prescribed by the Secretary under section 416.’’. 

4 (b) SANITARY TRANSPORTATION REQUIREMENTS.—

5 Chapter IV of the Federal Food, Drug, and Cosmetic Act 

6 (21 U.S.C. 341 et seq.) is amended by adding at the end 

7 the following new section: 

8 ‘‘SEC. 416. SANITARY TRANSPORTATION OF FOOD. 

9 ‘‘(a) SANITARY TRANSPORTATION PRACTICES.—The 

10 Secretary shall establish by regulation sanitary transpor11 tation practices which shippers, carriers, receivers, and 

12 other persons engaged in the transportation of food shall 

13 be required to follow to ensure that the food is not trans14 ported under conditions that may render it adulterated, 

15 including such practices as the Secretary may find appro16 priate relating to—

17 ‘‘(1) sanitation; 

18 ‘‘(2) packaging, isolation, and other protective 

19 measures; 

20 ‘‘(3) limitations on the use of vehicles; 

21 ‘‘(4) information to be disclosed—

22 ‘‘(A) to a carrier by a person arranging for 

23 the transport of food, and

24 ‘‘(B) to a manufacturer or other persons 

25 arranging for the transport of food by a carrier 
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1 or other person furnishing a tank or bulk vehi2 cle for the transport of food; and 

3 ‘‘(5) recordkeeping. 

4 ‘‘(b) LIST OF UNACCEPTABLE NONFOOD PROD5 UCTS.—The Secretary, by publication in the Federal Reg6 ister, may establish and periodically amend—

7 ‘‘(1) a list of nonfood products that the Sec8 retary determines may, if shipped in a tank or bulk 

9 vehicle, render adulterated food transported subse10 quently in such vehicle; and 

11 ‘‘(2) a list of nonfood products that the Sec12 retary determines may, if shipped in a motor or rail 

13 vehicle (other than a tank or bulk vehicle), render 

14 adulterated food transported simultaneously or sub15 sequently in such vehicle. 

16 ‘‘(c) WAIVER AUTHORITY.—

17 ‘‘(1) IN GENERAL.—The Secretary may waive 

18 all or part of this section, or any requirement under 

19 this section, with respect to any class of persons, of 

20 vehicles, of food, or of nonfood products, if the Sec21 retary determines that such waiver—

22 ‘‘(A) will not result in the transportation 

23 of food under conditions that would be unsafe 

24 for human or animal health; and 
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1 ‘‘(B) will not be contrary to the public in2 terest or this Act. 

3 ‘‘(2) PUBLICATION.—The Secretary shall pub4 lish in the Federal Register any waiver and the rea5 sons for the waiver. 

6 ‘‘(d) PREEMPTION.—

7 ‘‘(1) IN GENERAL.—No State or political sub8 division of a State may directly or indirectly estab9 lish or continue in effect, as to any food in interstate 

10 commerce, any authority or requirement concerning 

11 that transportation of food that is not identical to 

12 the requirement of this section. 

13 ‘‘(2) EFFECTIVE DATE.—The provisions of this 

14 subsection apply only with respect to transportation 

15 occurring on or after the effective date of regulations 

16 prescribed under subsection (a). 

17 ‘‘(e) ASSISTANCE OF OTHER AGENCIES.—The Sec18 retary of Transportation, the Secretary of Agriculture, the 

19 Administrator of the Environmental Protection Agency, 

20 and the heads of other Federal agencies, as appropriate, 

21 shall provide assistance upon request, to the extent re22 sources are available, to the Secretary of Health and 

23 Human Services for the purposes of carrying out this sec24 tion. 

25 ‘‘(f) DEFINITIONS.—For purposes of the section: 
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1 ‘‘(1) The term ‘transportation’ means any 

2 movement of property in commerce by motor vehicle 

3 or rail vehicle. 

4 ‘‘(2) The term ‘tank or bulk vehicle’ includes 

5 any vehicle in which food is shipped in bulk and in 

6 which the food comes directly into contact with the 

7 vehicle, including tank trucks, hopper trucks, rail 

8 tank cars, hopper cars, cargo tanks, portable tanks, 

9 freight containers, or hopper bins.’’

10 (c) INSPECTION OF TRANSPORTATION RECORDS.—

11 (1) REQUIREMENT.—Chapter VII of the Fed12 eral Food, Drug, and Cosmetic Act (21 U.S.C. 371 

13 et seq.) is amended by inserting after section 703 

14 the following new section: 

15 ‘‘SEC. 703A. FOOD TRANSPORTATION RECORDS. 

16 ‘‘Shippers, carriers by motor vehicle or rail vehicle, 

17 and other persons subject to section 416 shall, upon re18 quest of an officer or employee duly designated by the Sec19 retary, permit such officer or employee, at reasonable 

20 times, to have access to and to copy all records that the 

21 Secretary requires them to make or retain under section 

22 416(a)(5) of this Act.’’. 

23 (2) CONFORMING AMENDMENT.—Section 703 

24 of the Act (21 U.S.C. 373) is amended by striking 

25 ‘‘in the usual course of business as carriers.’’ and in-
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1 serting ‘‘in the usual course of business as carriers, 

2 unless otherwise explicitly provided.’’. 

3 (d) PROHIBITED ACTS.—

4 (1) RECORDS INSPECTION.—Section 301(c) of 

5 the Federal Food, Drug, and Cosmetic Act (21 

6 U.S.C. 331(e)) is amended—

7 (A) by striking ‘‘or 703’’ and inserting ‘‘, 

8 703, or 703A’’; and 

9 (B) by inserting ‘‘416,’’ before ‘‘504’’. 

10 (2) UNSAFE FOOD TRANSPORTATION.—Section 

11 301 of the Act (21 U.S.C. 331) is further amended 

12 by adding at the end the following new subsection: 

13 ‘‘(gg) The failure, by a shipper, carrier, receiver, or 

14 any other person engaged in the transportation of food, 

15 to comply with the sanitary transportation practices pre16 scribed by the Secretary under section 416.’’. 

17 SEC. 7403. DEPARTMENT OF TRANSPORTATION REQUIRE18 MENTS. 

19 Chapter 57 of title 49, relating to sanitary food trans20 portation is revised to read as follows: 

21 ‘‘CHAPTER 57—SANITARY FOOD 

22 TRANSPORTATION

‘‘Sec. 

‘‘5701. Food transportation safety inspections.

23 ‘‘SEC. 5701. FOOD TRANSPORTATION SAFETY INSPECTIONS. 

24 ‘‘(a) INSPECTION PROCEDURES.—
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1 ‘‘(1) The Secretary of Transportation, in con2 sultation with the Secretaries of Health and Human 

3 Services and Agriculture, shall establish procedures 

4 to be used in performing transportation safety in5 spections for the purpose of identifying suspected in6 cidents of contamination or adulteration of food that 

7 may violate regulations issued under section 416 of 

8 title 21, United States Code, and of meat and poul9 try products subject to detention under section 402 

10 of the Federal Meat Inspection Act (21 U.S.C. 672) 

11 and section 19 of the Poultry Products Inspection 

12 Act (21 U.S.C. 467a), and shall train personnel of 

13 the Department of Transportation in the appro14 priate use of such procedures. 

15 ‘‘(2) The procedures established under para16 graph (1) of this subsection shall apply, at a min17 imum, to the Department of Transportation per18 sonnel who perform commercial motor vehicle and 

19 railroad safety inspections. 

20 ‘‘(b) NOTIFICATION OF SECRETARIES OF HEALTH

21 AND HUMAN SERVICES AND AGRICULTURE.—The Sec22 retary of Transportation shall promptly notify the Sec23 retary of Health and Human Services or the Secretary of 

24 Agriculture, as applicable, of any instances of potential 
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1 food contamination or adulteration of a food identified 

2 during transportation safety inspections. 

3 ‘‘(c) USE OF STATE EMPLOYEES.—The means by 

4 which the Secretary of Transportation carries out sub5 section (b) of this section may include inspections con6 ducted by State employees using funds authorized to be 

7 appropriated under sections 31102 through 31104 of this 

8 title.’’. 

9 SEC. 7404. EFFECTIVE DATE OF THE SUBTITLE. 

10 Unless otherwise specified, the provisions of this title 

11 are effective October 1, 2003. 

12 Subtitle E—Sport Fishing and 

13 Boating Safety 

14 SEC. 7501. SPORT FISH RESTORATION ACCOUNT AMEND15 MENTS. 

16 (a) IN GENERAL.—Section 4 of the Act entitled ‘‘An 

17 Act to provide that the United States shall aid the States 

18 in fish restoration and management projects, and for other 

19 purposes’’ (August 9, 1950)(16 U.S.C. 777c) is amend20 ed—

21 (1) in subsection (b)— 

22 (A) by striking ‘‘2003’’ each place it ap23 pears and inserting ‘‘2009’’; and 
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1 (B) by striking ‘‘Secretary of Transpor2 tation’’ each place it appears and inserting 

3 ‘‘Secretary of Homeland Security’’; and 

4 (2) in subsection (c)(5), by striking ‘‘fiscal year 

5 2003’’ and inserting ‘‘fiscal years 2003 through 

6 2009’’. 

7 (b) CLEAN MARINA INITIATIVES.—To further en8 hance the natural environment, federal agencies admin9 istering programs funded under the Aquatic Resources 

10 Trust Fund should promote, to the extent practicable, 

11 ‘‘Clean Marina Initiatives’’ in each of the following pro12 grams: 

13 (1) Clean Vessel Act ‘‘Pumpout’’ Program. 

14 (2) Boating Infrastructure Grant Program. 

15 (3) National Outreach and Communications 

16 Program. 

17 (4) Recreational Boating Access Facilities. 

18 TITLE VIII—TRANSPORTATION 

19 DISCRETIONARY SPENDING 

20 GUARANTEE AND BUDGET 

21 OFFSETS 

22 SEC. 8101. DISCRETIONARY SPENDING CATEGORIES. 

23 (a) DEFINITION OF HIGHWAY CATEGORY AND MASS

24 TRANSIT CATEGORY.—
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1 (1) Section 250(c)(4)(B) of the Balanced Budg2 et and Emergency Deficit Control Act of 1985 is 

3 amended by—

4 (A) striking ‘‘Transportation Equity Act 

5 for the 21st Century’’ and inserting ‘‘Safe, Ac6 countable, Flexible, and Efficient Transpor7 tation Equity Act of 2003’’; and 

8 (B) adding after item (iv) the following 

9 new clauses: 

10 ‘‘(v) 69–8158–0–7–401 (Motor Car11 rier Safety Grants). 

12 ‘‘(vi) 69–8159–0–7–401 (Motor Car13 rier Safety Operations and Programs).’’. 

14 (2) Section 250(c)(4)(C) of the Balanced Budg15 et and Emergency Deficit Control Act of 1985 is 

16 amended to read as follows: 

17 ‘‘(C) The term ‘mass transit category’ re18 fers to the following budget accounts or por19 tions thereof that are subject to the obligation 

20 limitations on contract authority provided in the 

21 Safe, Accountable, Flexible, and Efficient 

22 Transportation Equity Act of 2003 or for which 

23 appropriations are provided pursuant to author24 izations contained in that Act: 
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1 ‘‘(i) 69–1120–0–1–401 (Administra2 tive Expenses). 

3 ‘‘(ii) 69–1134–0–1–401 (Capital In4 vestment Grants). 

5 ‘‘(iii) 69–8191–0–7–401 (Discre6 tionary Grants). 

7 ‘‘(iv) 69–1129–0–1–401 (Formula 

8 Grants). 

9 ‘‘(v) 69–8303–0–7–401 (Formula 

10 Grants and Research). 

11 ‘‘(vi) 69–1127–0–1–401 (Interstate 

12 Transfer Grants—Transit). 

13 ‘‘(vii) 69–1125–0–1–401 (Job Access 

14 and Reverse Commute). 

15 ‘‘(viii) 69–1122–0–1–401 (Miscella16 neous Expired Accounts). 

17 ‘‘(ix) 69–1139–0–1–401 (Major Cap18 ital Investment Grants). 

19 ‘‘(x) 69–1121–0–1–401 (Research, 

20 Training and Human Resources). 

21 ‘‘(xi) 69–8350–0–7–401 (Trust Fund 

22 Share of Expenses). 

23 ‘‘(xii) 69–1137–0–1–401 (Transit 

24 Planning and Research). 
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1 ‘‘(xiii) 69–1136–0–1–401 (University 

2 Transportation Research). 

3 ‘‘(xiv) 69–1128–0–1–401 (Washington 

4 Metropolitan Area Transit Authority).’’. 

5 (b) CONTINUATION OF SEPARATE CATEGORIES.—

6 Section 251(c) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985 is amended by adding at the 

8 end the following new paragraphs: 

9 ‘‘(8) with respect to fiscal year 2004—

10 ‘‘(A) for the highway category: 

11 $29,990,000,000 in outlays; and 

12 ‘‘(B) for the mass transit category: 

13 $6,909,000,000 in outlays; 

14 ‘‘(9) with respect to fiscal year 2005—

15 ‘‘(A) for the highway category: 

16 $30,589,000,000 in outlays; and 

17 ‘‘(B) for the mass transit category: 

18 $6,462,000,000 in outlays; 

19 ‘‘(10) with respect to fiscal year 2006—

20 ‘‘(A) for the highway category: 

21 $31,249,000,000 in outlays; and 

22 ‘‘(B) for the mass transit category: 

23 $6,070,000,000 in outlays; 

24 ‘‘(11) with respect to fiscal year 2007—
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1 ‘‘(A) for the highway category: 

2 $32,402,000,000 in outlays; and 

3 ‘‘(B) for the mass transit category: 

4 $5,843,000,000 in outlays; 

5 ‘‘(12) with respect to fiscal year 2008—

6 ‘‘(A) for the highway category: 

7 $33,358,000,000 in outlays; and 

8 ‘‘(B) for the mass transit category: 

9 $6,374,000,000 in outlays; 

10 ‘‘(13) with respect to fiscal year 2009—

11 ‘‘(A) for the highway category: 

12 $34,109,000,000 in outlays; and 

13 ‘‘(B) for the mass transit category: 

14 $6,470,000,000 in outlays.’’. 

15 (c) HIGHWAY FUNDING REVENUE ALIGNMENT.—

16 Section 251(b)(1)(B) of the Balanced Budget and Emer17 gency Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(B)) 

18 is amended—

19 (1) in clause (i)—

20 (A) by inserting ‘‘for fiscal year 2006, 

21 2007, 2008, or 2009’’ after ‘‘submits the budg22 et’’; 

23 (B) by inserting ‘‘the obligation limitation 

24 and outlay limit for’’ after ‘‘adjustments to’’;
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1 (C) by striking ‘‘provided in clause 

2 (ii)(I)(cc).’’ and substituting ‘‘follows:’’; and 

3 (D) by inserting the following at the end: 

4 ‘‘(I) OMB shall calculate the 

5 change in the obligation limitation for 

6 the highway category for the budget 

7 year by taking the actual level of 

8 highway receipts for the year before 

9 the current year and subtracting the 

10 sum of the estimated level of highway 

11 receipts in clause (iii) plus any 

12 amount previously calculated under 

13 clause (ii) for that year. 

14 ‘‘(II) OMB shall take the amount 

15 calculated under subclause (I) and 

16 add that amount to the obligation lim17 itation set forth in section 8102(a) of 

18 the Safe, Accountable, Flexible, and 

19 Efficient Transportation Equity Act 

20 of 2003 for the highway category for 

21 the budget year, and calculate the 

22 outlay change resulting from that 

23 change in obligations relative to that 

24 amount for the budget year and each 

25 outyear using current estimates. After 
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1 making the calculation under the pre2 ceding sentence, OMB shall adjust the 

3 obligation limitation set forth in that 

4 section for the budget year by adding 

5 the amount calculated under sub6 clause (I).’’; 

7 (2) by striking clause (ii) and substituting the 

8 following: 

9 ‘‘(ii) When the President submits the 

10 supplementary budget estimates for fiscal 

11 year 2006, 2007, 2008, or 2009, under 

12 section 1106 of title 31, United States 

13 Code, OMB’s Mid-Session Review shall in14 clude adjustments to the obligation limita15 tion and outlay limit for the highway cat16 egory for the budget year and each outyear 

17 as follows: 

18 ‘‘(I) OMB shall take the current 

19 estimate of highway receipts for the 

20 current year and subtract the esti21 mated level of highway receipts in 

22 clause (iii) for that year. 

23 ‘‘(II) OMB shall take the amount 

24 calculated under subclause (I) and 

25 add that amount to the amount of ob-
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1 ligations set forth in section 8102 of 

2 the Safe, Accountable, Flexible, and 

3 Efficient Transportation Equity Act 

4 of 2003 for the highway category for 

5 the budget year, and calculate the 

6 outlay change resulting from that 

7 change in obligations relative to that 

8 amount for the budget year and each 

9 outyear using current estimates. After 

10 making the calculation under the pre11 ceding sentence, OMB shall adjust the 

12 amount of obligations set forth in that 

13 section for the budget year by adding 

14 the amount calculated under sub15 clause (I).’’; and 

16 (3) by inserting the following at the end: 

17 ‘‘(iii) The estimated level of highway 

18 receipts for the purposes of this subpara19 graph are—

20 ‘‘(I) for fiscal year 2004, 

21 $30,119,000,000; 

22 ‘‘(II) for fiscal year 2005, 

23 $31,109,000,000; 

24 ‘‘(III) for fiscal year 2006, 

25 $32,191,000,000; 
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1 ‘‘(IV) for fiscal year 2007, 

2 $33,146,000,000; 

3 ‘‘(V) for fiscal year 2008, 

4 $34,018,000,000; and 

5 ‘‘(VI) for fiscal year 2009, 

6 $34,844,000,000. 

7 ‘‘(iv) In this subparagraph, the term 

8 ‘highway receipts’ means the governmental 

9 receipts credited to the highway account of 

10 the Highway Trust Fund.’’. 

11 (d) TRANSIT FUNDING REVENUE ALIGNMENT.—Sec12 tion 251(b)(1)(C) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985 (2 U.S.C. 901(b)(1)(C)) is 

14 amended to read as follows: 

15 ‘‘(C) ADJUSTMENT TO ALIGN MASS TRAN16 SIT SPENDING WITH REVENUES.—

17 ‘‘(i) When the President submits the 

18 budget for fiscal year 2006, 2007, 2008, or 

19 2009, under section 1105 of title 31, 

20 United States Code, OMB shall calculate 

21 and the budget shall include adjustments 

22 to the obligation limitation and outlay limit 

23 for the mass transit category for the budg24 et year and each outyear as follows: 
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1 ‘‘(I) OMB shall calculate the 

2 change in the obligation limitation for 

3 the mass transit category for the 

4 budget year by taking the actual level 

5 of mass transit receipts for the year 

6 before the current year and subtract 

7 the sum of the estimated level of mass 

8 transit receipts in clause (iii) plus any 

9 amount previously calculated under 

10 clause (ii) for that year. 

11 ‘‘(II) OMB shall take the amount 

12 calculated under subclause (I) and 

13 add that amount to the amount of ob14 ligation limitation set forth in section 

15 8102 of the Safe, Accountable, Flexi16 ble, and Efficient Transportation Eq17 uity Act of 2003 for the mass transit 

18 category for the budget year, and cal19 culate the outlay change resulting 

20 from that change in obligations rel21 ative to that amount for the budget 

22 year and each outyear using current 

23 estimates. After making the calcula24 tion under the preceding sentence, 

25 OMB shall adjust the obligation limi-
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1 tation set forth in that section for the 

2 budget year by adding the amount 

3 calculated under subclause (I). 

4 ‘‘(ii) When the President submits the 

5 supplementary budget estimates for fiscal 

6 year 2006, 2007, 2008, or 2009, under 

7 section 1106 of title 31, United States 

8 Code, OMB’s Mid-Session Review shall in9 clude adjustments to the obligation limita10 tion and outlay limit for the mass transit 

11 category for the budget year and each out12 year as follows: 

13 ‘‘(I) OMB shall take the current 

14 estimate of mass transit receipts for 

15 the current year and subtract the esti16 mated level of mass transit receipts in 

17 clause (iii) for that year.

18 ‘‘(II) OMB shall take the amount 

19 calculated under subclause (I) and 

20 add that amount to the obligation lim21 itation set forth in section 8102 of the 

22 Safe, Accountable, Flexible, and Effi23 cient Transportation Equity Act of 

24 2003 for the mass transit category for 

25 the budget year, and calculate the 
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1 outlay change resulting from that 

2 change in obligations relative to that 

3 amount for the budget year and each 

4 outyear using current estimates. After 

5 making the calculation under the pre6 ceding sentence, OMB shall adjust the 

7 obligation limitation set forth in that 

8 section for the budget year by adding 

9 the amount calculated under sub10 clause (I). 

11 ‘‘(iii) The estimated level of mass 

12 transit receipts for the purposes of this 

13 subparagraph are—

14 ‘‘(I) for fiscal year 2004, 

15 $4,793,000,000; 

16 ‘‘(II) for fiscal year 2005, 

17 $4,926,000,000; 

18 ‘‘(III) for fiscal year 2006, 

19 $5,050,000,000; 

20 ‘‘(IV) for fiscal year 2007, 

21 $5,164,000,000; 

22 ‘‘(V) for fiscal year 2008, 

23 $5,270,000,000; and 

24 ‘‘(VI) for fiscal year 2009, 

25 $5,377,000,000. 
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1 ‘‘(iv) In this subparagraph, the term 

2 ‘mass transit receipts’ means the govern3 mental receipts credited to the Mass Tran4 sit Account of the Highway Trust Fund.’’. 

5 (e) ADDITIONAL ADJUSTMENTS.—Section 251(b)(1) 

6 of the Balanced Budget and Emergency Deficit Control 

7 Act of 1985 (2 U.S.C. 901(b)(1)) is further amended—

8 (1) by redesignating subparagraphs (D) and 

9 (E) as subparagraphs (E) and (F), respectively; 

10 (2) in subparagraph (E)(i) as redesignated— 

11 (A) by striking ‘‘1999’’ and substituting 

12 ‘‘2005’’; 

13 (B) by striking ‘‘2000’’ and substituting 

14 ‘‘2006’’; 

15 (C) by striking ‘‘2003’’ and substituting 

16 ‘‘2009’’; and 

17 (D) by striking ‘‘section 8103 of the 

18 Transportation Equity Act for the 21st Cen19 tury’’ and substituting ‘‘section 8102 of the 

20 Safe, Accountable, Flexible, and Efficient 

21 Transportation Equity Act of 2003’’; 

22 (3) in subparagraph (E)(ii) as redesignated—

23 (A) by striking ‘‘2000, 2001, 2002, or 

24 2003’’ and substituting ‘‘2006, 2007, 2008, 

25 and 2009’’; and 
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1 (B) by striking ‘‘by subparagraphs (B) and 

2 (C)’’ and substituting ‘‘made by subparagraphs 

3 (B), (C), and (D)’’; 

4 (4) in subparagraph (F) as redesignated, by 

5 striking ‘‘(B) and (C)’’ and substituting ‘‘(B), (C), 

6 and (D)’’; and 

7 (5) by inserting the following after subpara8 graph (C): 

9 ‘‘(D) In addition to the adjustments re10 quired by subparagraphs (B) and (C), when the 

11 President submits the budget for fiscal year 

12 2006, 2007, 2008, or 2009, under section 1105 

13 of title 31, United States Code, OMB shall cal14 culate and the budget shall include for the 

15 budget year and each outyear an adjustment to 

16 the limits on outlays for the highway category 

17 and the mass transit category equal to—

18 ‘‘(i) the outlays for the applicable cat19 egory calculated assuming obligation levels 

20 consistent with the estimates prepared pur21 suant to subparagraph (E), as adjusted, 

22 using current technical assumptions; minus 

23 ‘‘(ii) the outlays for the applicable cat24 egory set forth in the subparagraph (E) es25 timates, as adjusted.’’. 
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1 (f) ENFORCEMENT OF GUARANTEE.—Rule XXI of 

2 the Rules of the House of Representatives is amended by 

3 striking ‘‘section 8103 of the Transportation Equity Act 

4 for the 21st Century’’ in clause 3 and substituting ‘‘sec5 tion 8102 of the Safe, Accountable, Flexible, and Efficient 

6 Transportation Equity Act of 2003’’. 

7 SEC. 8102. LEVEL OF OBLIGATION LIMITATIONS. 

8 (a) HIGHWAY CATEGORY.—For the purposes of sec9 tion 251(b) of the Balanced Budget and Emergency Def10 icit Control Act of 1985, the level of obligation limitations 

11 for the highway category is—

12 (1) for fiscal year 2004, $30,280,000,000; 

13 (2) for fiscal year 2005, $31,270,000,000; 

14 (3) for fiscal year 2006, $32,352,000,000; 

15 (4) for fiscal year 2007, $33,307,000,000; 

16 (5) for fiscal year 2008, $34,179,000,000; and 

17 (6) for fiscal year 2009, $35,005,000,000. 

18 (b) MASS TRANSIT CATEGORY.—

19 (1) For the purposes of section 251(b) of the 

20 Balanced Budget and Emergency Deficit Control 

21 Act of 1985, the level of obligation limitations for 

22 the mass transit category is—

23 (A) for fiscal year 2004, $5,936,000,000; 

24 (B) for fiscal year 2005, $6,054,720,000; 

25 (C) for fiscal year 2006, $6,180,659,000; 
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1 (D) for fiscal year 2007, $6,319,723,000; 

2 (E) for fiscal year 2008, $6,475,820,000; 

3 and 

4 (F) for fiscal year 2009, $6,633,183,000. 

5 (2) For purposes of this subsection, the term 

6 ‘‘obligation limitations’’ means the sum of budget 

7 authority and obligation limitations. 

8 SEC. 8103. EFFECTIVENESS OF TITLE. 

9 This title, and the amendments made by this title, 

10 become effective on the day that section 251 of the Bal11 anced Budget and Emergency Deficit Control Act of 1985 

12 comes into effect after the enactment of this Act. 

13 TITLE IX—AMENDMENTS OF IN14 TERNAL REVENUE CODE OF 

15 1986

16 SEC. 9001. SHORT TITLE; AMENDMENT OF 1986 CODE. 

17 (a) SHORT TITLE.—This title may be cited as the 

18 ‘‘Surface Transportation Revenue Act of 2004’’. 

19 (b) AMENDMENT OF 1986 CODE.—Except as other20 wise expressly provided, whenever in this title an amend21 ment or repeal is expressed in terms of an amendment 

22 to, or repeal of, a section or other provision, the reference 

23 shall be considered to be made to a section or other provi24 sion of the Internal Revenue Code of 1986. 
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1 SEC. 9002. EXTENSION OF HIGHWAY-RELATED TAXES AND 

2 TRUST FUND. 

3 (a) EXTENSION OF TAXES.—

4 (1) IN GENERAL.—The following provisions are 

5 each amended by striking ‘‘2005’’ each place it ap6 pears and inserting ‘‘2011’’: 

7 (A) Section 4041(a)(1)(C)(iii)(I) (relating 

8 to rate of tax on certain buses). 

9 (B) Section 4041(a)(2)(B) (relating to rate 

10 of tax on special motor fuels). 

11 (C) Section 4041(m)(1)(A) (relating to 

12 certain alcohol fuels). 

13 (D) Section 4051(c) (relating to termi14 nation of tax on heavy trucks and trailers). 

15 (E) Section 4071(d) (relating to termi16 nation of tax on tires). 

17 (F) Section 4081(d)(1) (relating to termi18 nation of tax on gasoline, diesel fuel, and ker19 osene). 

20 (G) Section 4481(e) (relating to period tax 

21 in effect). 

22 (H) Section 4482(c)(4) (relating to taxable 

23 period). 

24 (I) Section 4482(d) (relating to special 

25 rule for taxable period in which termination 

26 date occurs). 
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1 (2) FLOOR STOCKS REFUNDS.—Section 

2 6412(a)(1) (relating to floor stocks refunds) is 

3 amended—

4 (A) by striking ‘‘2005’’ each place it ap5 pears and inserting ‘‘2011’’, and 

6 (B) by striking ‘‘2006’’ each place it ap7 pears and inserting ‘‘2012’’. 

8 (b) EXTENSION OF CERTAIN EXEMPTIONS.—The fol9 lowing provisions are each amended by striking ‘‘2005’’ 

10 and inserting ‘‘2011’’: 

11 (1) Section 4221(a) (relating to certain tax—

12 free sales). 

13 (2) Section 4483(g) (relating to termination of 

14 exemptions for highway use tax). 

15 (c) EXTENSION OF DEPOSITS INTO, AND CERTAIN

16 TRANSFERS FROM, TRUST FUND.—Subsections (b), 

17 (c)(2), and (c)(3) of section 9503 (relating to the Highway 

18 Trust Fund) are amended—

19 (1) by striking ‘‘2005’’ each place it appears 

20 and inserting ‘‘2011’’, and 

21 (2) by striking ‘‘2006’’ each place it appears 

22 and inserting ‘‘2012’’. 

23 (d) EXTENSION AND EXPANSION OF EXPENDITURES

24 FROM TRUST FUND.—
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1 (1) HIGHWAY ACCOUNT.—Section 9503 is 

2 amended by striking subsection (c)(1) and inserting 

3 the following: 

4 ‘‘(1) FEDERAL-AID HIGHWAY AND SAFETY PRO5 GRAMS.—Except as provided in subsection (e), 

6 amounts in the Highway Trust Fund shall be avail7 able, as provided by appropriation Acts, for making 

8 expenditures authorized by law to be paid out of the 

9 Highway Trust Fund before October 1, 2011, to 

10 meet those obligations of the United States here11 tofore or hereafter incurred under the following 

12 Acts, as in effect on the date of enactment of the 

13 last Act listed: 

14 ‘‘(A) The Highway Revenue Act of 1956. 

15 ‘‘(B) The Surface Transportation Assist16 ance Act of 1982. 

17 ‘‘(C) The Surface Transportation and Uni18 form Relocation Assistance Act of 1987. 

19 ‘‘(D) The Intermodal Surface Transpor20 tation Efficiency Act of 1991. 

21 ‘‘(E) The Transportation Equity Act for 

22 the 21st Century. 

23 ‘‘(F) The Motor Carrier Safety Improve24 ment Act of 1999. 
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1 ‘‘(G) the Safe, Accountable, Flexible, and 

2 Efficient Transportation Equity Act of 2003.’’. 

3 (2) MASS TRANSIT ACCOUNT.—Section 

4 9503(e)(3) is amended to read as follows: 

5 ‘‘(3) EXPENDITURES FROM ACCOUNT.—

6 Amounts in the Mass Transit Account shall be avail7 able, as provided by appropriation Acts, for making 

8 capital or capital—related expenditures before Octo9 ber 1, 2011 (including capital expenditures for new 

10 projects) in accordance with the following Acts and 

11 provisions of law, as in effect on the date of enact12 ment of the last Act listed: 

13 ‘‘(A) Section 5338(a)(1) or (b)(1) of title 

14 49. 

15 ‘‘(B) The Intermodal Surface Transpor16 tation Efficiency Act of 1991. 

17 ‘‘(C) The Transportation Equity Act for 

18 the 21st Century. 

19 ‘‘(D) the Safe, Accountable, Flexible, and 

20 Efficient Transportation Equity Act of 2003.’’. 

21 SEC. 9003. EXTENSION OF TAX BENEFITS FOR ALCOHOL 

22 FUELS. 

23 (a) EXTENSION OF TAX BENEFITS.—
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1 (1) EXTENSION.—The following provisions are 

2 each amended by striking ‘‘2007’’ each place it ap3 pears and inserting ‘‘2014’’: 

4 (A) Section 4041(b)(2)(C)(ii) and (D) (re5 lating to termination of reduction in tax for 

6 qualified methanol and ethanol fuel). 

7 (B) Section 4041(k)(3) (relating to termi8 nation of rates relating to fuels containing alco9 hol). 

10 (C) Section 4081(c)(8) (relating to termi11 nation of special rate for taxable fuels mixed 

12 with alcohol). 

13 (D) Section 4091(c)(5) (relating to termi14 nation of reduced rate of tax for aviation fuel 

15 in alcohol mixture, etc.). 

16 (E) Section 40(h) (relating to termination 

17 of credit for ethanol blenders). 

18 (2) EXTENSION OF REFUND AUTHORITY.—

19 Paragraph (4) of section 6427(f) (relating to refund 

20 for gasoline, diesel fuel, and aviation fuel used to 

21 produce certain alcohol fuels), as amended by the 

22 Taxpayer Relief Act of 1997, is amended by striking 

23 ‘‘2007’’ and inserting ‘‘2012’’. 

24 (3) CREDIT FOR ALCOHOL USED AS A FUEL.—

25 Paragraph (1) of section 40(e) (relating to termi-
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1 nation of credit for alcohol used as a fuel) is amend2 ed—

3 (A) by striking ‘‘December 31, 2007’’ in 

4 subparagraph (A) and inserting ‘‘December 31, 

5 2014’’, and 

6 (B) by striking ‘‘January 1, 2008’’ and in7 serting ‘‘January 1, 2015’’. 

8 (4) TARIFF SCHEDULE.—Headings 9901.00.50 

9 and 9901.00.52 of the Harmonized Tariff Schedule 

10 of the United States (19 U.S.C. 3007) are each 

11 amended in the effective period column by striking 

12 ‘‘10/1/2007’’ each place it appears and inserting 

13 ‘‘10/1/2014’’. 

14 (b) CONFORMING AMENDMENTS.—

15 (1) AMOUNT OF REDUCED CREDIT FOR ETH16 ANOL BLENDERS.—The table in paragraph (2) of 

17 40(h) is amended by striking ‘‘2005, 2006, or 2007’’ 

18 and inserting ‘‘2005 through 2014’’. 

19 (2) APPLICABLE BLENDER RATE FOR EXEMPT20 ED QUALIFIED METHANOL AND ETHANOL FUEL.—

21 Section 4041(b)(2)(C) is amended by striking 

22 ‘‘2001’’ and inserting ‘‘2008’’. 
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1 SEC. 9004. PRIVATE ACTIVITY BONDS FOR SURFACE TRANS2 PORTATION INFRASTRUCTURE. 

3 (a) EXEMPT FACILITY BONDS.—Section 142 is 

4 amended—

5 (1) in subsection (a) by—

6 (A) striking ‘‘or’’ at the end of paragraph 

7 (12); 

8 (B) striking the period at the end of para9 graph (13) and inserting a comma; and 

10 (C) adding after paragraph (13) the fol11 lowing new paragraphs: 

12 ‘‘(14) highway facilities, or 

13 ‘‘(15) surface freight transfer facilities.’’; and 

14 (2) by adding new subsections (l), (m) and (n) 

15 at the end, as follows: 

16 ‘‘(l) HIGHWAY FACILITIES.—For purposes of sub17 section (a)(14), the term ‘highway facilities’ means—

18 ‘‘(1) a surface transportation project eligible for 

19 Federal assistance under title 23, United States 

20 Code (as in effect on the date of enactment of this 

21 subsection), or 

22 ‘‘(2) a project for an international bridge or 

23 tunnel for which an international entity authorized 

24 under Federal or State law is responsible. 

25 ‘‘(m) SURFACE FREIGHT TRANSFER FACILITIES.—

26 For purposes of subsection (a)(15), the term ‘surface 
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1 freight transfer facilities’ means facilities for the transfer 

2 of freight from truck to rail or rail to truck (including 

3 any temporary storage facilities directly related to such 

4 transfers). 

5 ‘‘(n) AGGREGATE FACE AMOUNT OF TAX-EXEMPT

6 FINANCING FOR HIGHWAY FACILITIES AND SURFACE

7 FREIGHT TRANSFER FACILITIES.—

8 ‘‘(1) IN GENERAL.—The aggregate face amount 

9 of bonds issued pursuant to subsections (a)(14) (re10 lating to highway facilities) and (a)(15) (relating to 

11 surface freight transfer facilities) shall not exceed 

12 $15,000,000,000, determined without regard to any 

13 bond the proceeds of which are used exclusively to 

14 refund a bond issued pursuant to either of such sub15 sections (or a bond which is a part of a series of 

16 refundings of a bond so issued) if the amount of the 

17 refunding bond does not exceed the outstanding 

18 amount of the refunded bond. 

19 ‘‘(2) ALLOCATION.—The Secretary of Trans20 portation shall allocate the amount described in 

21 paragraph (1) among eligible projects satisfying the 

22 requirements of subsection (a)(14) or (a)(15).’’. 

23 (b) VOLUME CAP, EXCEPTION FOR CERTAIN

24 BONDS.—Section 146(g) is amended in paragraph (3), 

25 by—
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1 (1) striking ‘‘(12), or (13)’’ and inserting 

2 ‘‘(12), (13), (14), or (15)’’; and 

3 (2) striking ‘‘and qualified public educational 

4 facilities’’ and inserting ‘‘qualified public educational 

5 facilities, highway facilities, and surface freight 

6 transfer facilities’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to bonds issued after the date of 

9 the enactment of this Act. 

10 SEC. 9005. ALL ALCOHOL FUEL TAXES TRANSFERRED TO 

11 HIGHWAY TRUST FUND. 

12 (a) IN GENERAL.—Section 9503(b)(4) (relating to 

13 certain taxes not transferred to Highway Trust Fund) is 

14 amended—

15 (1) by adding ‘‘or’’ at the end of subparagraph 

16 (C); 

17 (2) in subparagraph (D)(iii), by striking ‘‘, 

18 and’’ after ‘‘2005’’ and inserting a period; and 

19 (3) by striking subparagraphs (E) and (F). 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 this section shall apply to taxes imposed after September 

22 30, 2003. 
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1 SEC. 9006. TRANSFER FROM HIGHWAY TRUST FUND TO 

2 BOAT SAFETY ACCOUNT. 

3 (a) IN GENERAL.—Section 9503(c)(4)(A) is amended 

4 by striking ‘‘2005’’ and inserting ‘‘2011’’. 

5 (b) CONFORMING AMENDMENTS TO LAND AND

6 WATER CONSERVATION FUND.—Section 201(b) of the 

7 Land and Water Conservation Fund Act of 1965 (16 

8 U.S.C. 460l–11(b)) is amended—

9 (1) by striking ‘‘2003’’ and inserting ‘‘2009’’, 

10 and 

11 (2) by striking ‘‘2004’’ each place it appears 

12 and inserting ‘‘2010’’. 

13 (c) TECHNICAL CORRECTION TO HOMELAND SECU14 RITY ACT.—Section 1511(e)(2) of the Homeland Security 

15 Act of 2002 (Pub. L. No. 107–296) is amended by strik16 ing ‘‘and to any funds provided to the Coast Guard from 

17 the Aquatic Resources Trust Fund of the Highway Trust 

18 Fund for boating safety programs’’, and inserting ‘‘and 

19 any funds provided to the Coast Guard from the Highway 

20 Trust Fund and transferred into the Boat Safety Account 

21 of the Aquatic Resources Trust Fund for boating safety 

22 programs.’’. 

23 (d) EXPENDITURES FROM BOAT SAFETY AC24 COUNT.—Section 9504(c) is amended by striking ‘‘2003’’ 

25 and inserting ‘‘2009’’. 
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1 SEC. 9007. EXTENSION OF SMALL-ENGINE FUEL TAXES 

2 TRANSFERRED TO SPORT FISH RESTORA3 TION ACCOUNT.

4 Section 9503(c)(5)(A) is amended by striking the 

5 year ‘‘2005’’ and inserting ‘‘2011’’. 

6 SEC. 9008. TECHNICAL CORRECTION. 

7 The last sentence of paragraph (2) of section 9504(b) 

8 is amended by striking ‘‘subparagraph (B)’’, and inserting 

9 ‘‘subparagraph (C)’’. 

10 SEC. 9009. TRANSFER BY REGISTERED PIPELINE, VESSEL, 

11 OR BARGE REQUIRED FOR FUEL TAX EXEMP12 TION OF BULK TRANSFERS TO REGISTERED 

13 TERMINALS OR REFINERIES; DISPLAY OF 

14 REGISTRATION REQUIREMENT. 

15 (a) IN GENERAL.—Section 4081(a)(1)(B) (relating 

16 to exemption for bulk transfers to registered terminals or 

17 refineries) is amended by inserting ‘‘, bulk carrier,’’ after 

18 ‘‘the taxable fuel’’. 

19 (b) CIVIL PENALTY FOR CARRYING TAXABLE FUELS

20 BY NONREGISTERED PIPELINES OR VESSELS.—

21 (1) IN GENERAL.—Part II of subchapter B of 

22 chapter 68 (relating to assessable penalties) is 

23 amended by adding at the end the following new sec24 tion: 
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1 ‘‘§ 6717. Failure to register under section 4101

2 ‘‘(a) FAILURE TO REGISTER.—Any person who fails 

3 to register with the Secretary as required by regulations 

4 under section 4101 shall pay a penalty of $1,000 for each 

5 day during the period of such failure in which such person 

6 engages in an activity for which registration is required. 

7 ‘‘(b) JOINT AND SEVERAL LIABILITY.—

8 ‘‘(1) IN GENERAL.—If a penalty is imposed 

9 under this section on any business entity, each offi10 cer, employee, or agent of such entity or other con11 tracting party who willfully participated in any act 

12 giving rise to such penalty shall be jointly and sever13 ally liable with such entity for such penalty. 

14 ‘‘(2) AFFILIATED GROUPS.—If a business entity 

15 described in paragraph (1) is part of an affiliated 

16 group (as defined in section 1504(a)), the parent 

17 corporation of such entity shall be jointly and sever18 ally liable with such entity for the penalty imposed 

19 under this section.’’. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 sections for part II of subchapter B of chapter 68 

22 is amended by adding at the end the following new 

23 item:

‘‘6717. Failure to register under section 4101.’’.

24 (c) DISPLAY OF REGISTRATION.—
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1 (1) IN GENERAL.—Section 4101 (relating to 

2 registration and bond) is amended by adding at the 

3 end the following new subsection: 

4 ‘‘(e) DISPLAY OF REGISTRATION.—Every vessel oper5 ator required by the Secretary to register under this sec6 tion with respect to the tax imposed by section 4081 shall 

7 display proof of such registration in such manner as the 

8 Secretary may prescribe.’’. 

9 (2) CIVIL PENALTY FOR FAILURE TO DISPLAY

10 REGISTRATION.—

11 (A) IN GENERAL.—Part II of subchapter 

12 B of chapter 68 (relating to assessable pen13 alties) is amended by adding at the end the fol14 lowing new section: 

15 ‘‘§ 6718. Failure to display proof of registration by 

16 vessels or barges 

17 ‘‘(a) FAILURE TO DISPLAY PROOF OF REGISTRA18 TION.—Every vessel operator who fails to display proof of 

19 registration when required to do so pursuant to section 

20 4101(e) shall pay a penalty of $500 for each such failure. 

21 With respect to any vessel, only one penalty shall be im22 posed by this section during any calendar month. 

23 ‘‘(b) MULTIPLE VIOLATIONS.—In determining the 

24 penalty under subsection (a) on any person or operator, 

25 subsection (a) shall be applied by increasing the amount 
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1 imposed in subsection (a) by the product of such amount 

2 and the number of prior penalties (if any) imposed by this 

3 section on such person (or a related person or any prede4 cessor of such person or related person).’’. 

5 (B) CONFORMING AMENDMENT.—The 

6 table of sections for part II of subchapter B of 

7 chapter 68 is amended by adding at the end the 

8 following new item:

‘‘§ 6718. Failure to display proof of registration by vessels or barges.’’.

9 (d) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect 90 days after the date of en11 actment of this Act. 

12 SEC. 9010. RETURNS FILED ELECTRONICALLY. 

13 (a) INFORMATION REPORTING.—Section 4101(d) 

14 (relating to information reporting) is amended to read as 

15 follows: 

16 ‘‘(d) INFORMATION REPORTING.—

17 ‘‘(1) The Secretary may require—

18 ‘‘(A) information reporting by any person 

19 registered under this section, and 

20 ‘‘(B) information reporting by such other 

21 persons as the Secretary deems necessary to 

22 carry out this part. 

23 ‘‘(2) Information reporting required by the Sec24 retary under paragraph (1) of this subsection shall 
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1 be by electronic format for any person having at 

2 least 25 reportable transactions in a month.’’. 

3 (b) USE TAX ON CERTAIN VEHICLES.—Section 

4 4481(b) is amended by adding the following new sentence 

5 at the end: ‘‘Any return of tax imposed by this section 

6 reporting at least 25 vehicles shall be filed by electronic 

7 format.’’. 

8 (c) ELECTRONIC FORMAT.—The Secretary of the 

9 Treasury shall describe the electronic formats for filing 

10 under subsections (a) and (b) not later than 90 days after 

11 the date of the enactment of this Act. 

12 (d) EFFECTIVE DATE.—The amendment made by 

13 subsection (a) shall apply to returns due after the date 

14 the Secretary of the Treasury describes the electronic for15 mat for filing under subsection (a) and the amendment 

16 made by subsection (b) shall apply to returns due after 

17 the date the Secretary of the Treasury describes the elec18 tronic format for filing under subsection (b). 

19 SEC. 9011. CIVIL PENALTY FOR REFUSAL OF ENTRY.

20 (a) Section 4083(c)(3) is amended by adding at the 

21 end a new sentence as follows: ‘‘For purposes of this sub22 section, the penalty provided by section 7342 shall be 

23 treated as an assessable penalty and assessed in accord24 ance with section 6671.’’. 
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1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect 90 days after the date of en3 actment of this Act. 

4 SEC. 9012. REQUIREMENT OF TAX PAYMENT DECAL; ELIMI5 NATION OF INSTALLMENT PAYMENTS OF 

6 HIGHWAY USE TAX. 

7 (a) DISPLAY OF PROOF OF PAYMENT OF TAX.—Sec8 tion 4481(b) (relating to imposition of tax on use of cer9 tain highway motor vehicles) is amended by adding a sen10 tence at the end as follows: 

11 ‘‘Every person, agency, or instrumentality who has paid 

12 the tax imposed by this section shall display proof of such 

13 payment in a manner as the Secretary may prescribe.’’. 

14 (b) CIVIL PENALTY FOR FAILURE TO DISPLAY

15 PROOF OF TAX PAYMENT DECAL.—

16 (1) IN GENERAL.—Part II of subchapter B of 

17 chapter 68 (relating to assessable penalties) is 

18 amended by adding at the end the following new sec19 tion: 

20 ‘‘§ 6719. Failure to display proof of tax payment decal 

21 ‘‘(a) IMPOSITION OF PENALTY.—Each person, agen22 cy, or instrumentality who fails to display proof of pay23 ment of tax when required to do so pursuant to the last 

24 sentence of section 4481(b) (relating to the display of 

25 proof of payment of tax) shall pay a penalty of $50. With 
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1 respect to any vehicle, only one penalty shall be imposed 

2 by this section during any calendar month. 

3 ‘‘(b) MULTIPLE VIOLATIONS.—In determining the 

4 penalty under subsection (a) on any person, agency, or 

5 instrumentality, subsection (a) shall be applied by increas6 ing the amount imposed in subsection (a) by the product 

7 of such amount and the number of prior penalties (if any) 

8 imposed by this section on such person, agency, or instru9 mentality.’’. 

10 (2) CONFORMING AMENDMENT.—The table of 

11 sections for part II of subchapter B of chapter 68 

12 is amended by adding at the end the following new 

13 item:

‘‘6719. Failure to display proof of tax payment decal.’’.

14 (c) ELIMINATION OF PRIVILEGE TO PAY HIGHWAY

15 USE TAX IN INSTALLMENTS.—

16 (1) REPEAL.—Section 6156 (relating to the 

17 privilege to pay in installments the tax imposed 

18 under section 4481 of such Code on use of highway 

19 motor vehicles) is repealed. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 sections for subchapter A of chapter 62 is amended 

22 by striking the item relating to section 6156. 

23 (d) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to taxable periods beginning after 

25 the date of the enactment of this Act. 
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1 SEC. 9013. ADDITIONAL RULES REGARDING INSPECTIONS 

2 OF RECORDS. 

3 (a) PROVISION OF COPIES OF RECORDS.—Section 

4 4102 (relating to inspection of records by local officers) 

5 is amended by inserting ‘‘, and copies shall be furnished 

6 upon request of,’’ after ‘‘inspection by’’. 

7 (b) INSPECTION BY OTHER ENFORCEMENT AGEN8 CIES.—Section 4102 of the Internal Revenue Code of 

9 1986, as amended by subsection (a), is amended by insert10 ing ‘‘; such records and information on returns required 

11 to be filed with respect to taxes under section 4481 shall 

12 be open to inspection by officers of any State agency 

13 charged with the registration and licensing of vehicles de14 scribed in such section and officers of any other Federal 

15 or State agency charged with the enforcement of Federal 

16 or State law regarding taxable fuels or criminal activities 

17 regarding taxable fuels’’ after ‘‘section 4083)’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date of the enactment 

20 of this Act.

Æ