I 

108TH CONGRESS 

1ST SESSION H. R. 3550

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

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 20, 2003

Mr. YOUNG of Alaska (for himself, Mr. OBERSTAR, Mr. PETRI, Mr. LIPINSKI, 

Mr. BOEHLERT, Mr. RAHALL, Mr. COBLE, Mr. DEFAZIO, Mr. DUNCAN, 

Mr. COSTELLO, Mr. GILCHREST, Ms. NORTON, Mr. MICA, Mr. NADLER, 

Mr. HOEKSTRA, Mr. MENENDEZ, Mr. QUINN, Ms. CORRINE BROWN of 

Florida, Mr. EHLERS, Mr. FILNER, Mr. BACHUS, Ms. EDDIE BERNICE

JOHNSON of Texas, Mr. LATOURETTE, Mr. TAYLOR of Mississippi, Mrs. 

KELLY, Ms. MILLENDER-MCDONALD, Mr. BAKER, Mr. CUMMINGS, Mr. 

NEY, Mr. BLUMENAUER, Mr. LOBIONDO, Mrs. TAUSCHER, Mr. MORAN

of Kansas, Mr. PASCRELL, Mr. GARY G. MILLER of California, Mr. BOSWELL, Mr. BEREUTER, Mr. HOLDEN, Mr. ISAKSON, Mr. LAMPSON, Mr. 

HAYES, Mr. BAIRD, Mr. SIMMONS, Ms. BERKLEY, Mrs. CAPITO, Mr. 

HONDA, Mr. BROWN of South Carolina, Mr. LARSEN of Washington, Mr. 

JOHNSON of Illinois, Mr. CAPUANO, Mr. REHBERG, Mr. WEINER, Mr. 

PLATTS, Ms. CARSON of Indiana, Mr. GRAVES, Mr. HOEFFEL, Mr. KENNEDY of Minnesota, Mr. THOMPSON of California, Mr. SHUSTER, Mr. 

BISHOP of New York, Mr. BOOZMAN, Mr. MICHAUD, Mr. CHOCOLA, Mr. 

DAVIS of Tennessee, Mr. BEAUPREZ, Mr. BURGESS, Mr. BURNS, Mr. 

PEARCE, Mr. GERLACH, Mr. MARIO DIAZ-BALART of Florida, Mr. PORTER, Mr. MATHESON, and Mr. CARSON of Oklahoma) introduced the following bill; which was referred to the Committee on Transportation and 

Infrastructure 

A BILL

To authorize funds for Federal-aid highways, highway safety 

programs, and transit programs, and for other purposes.
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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 ‘‘Transportation Equity Act: A Legacy for Users’’. 

6 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents 

Sec. 2. Definition.

TITLE I—FEDERAL-AID HIGHWAYS 

Subtitle A—Authorization of Programs 

Sec. 1101. Authorizations of appropriations. 

Sec. 1102. Obligation ceiling. 

Sec. 1103. Apportionments. 

Sec. 1104. Minimum guarantee. 

Sec. 1105. Revenue aligned budget authority. 

Sec. 1106. Emergency relief. 

Sec. 1107. Surface transportation program. 

Sec. 1108. Highway use tax evasion projects. 

Sec. 1109. Appalachian development highway system. 

Sec. 1110. Construction of ferry boats and ferry terminal facilities. 

Sec. 1111. Interstate maintenance discretionary. 

Sec. 1112. Highway bridge. 

Sec. 1113. Transportation and community and system preservation program. 

Sec. 1114. Deployment of magnetic levitation transportation projects. 

Sec. 1115. Recreational trails. 

Sec. 1116. Federal lands highways. 

Sec. 1117. Indian transportation bonds. 

Sec. 1118. Pedestrian and cyclist equity. 

Sec. 1119. National commissions. 

Sec. 1120. Hydrogen infrastructure deployment pilot program. 

Sec. 1121. Adjustments for the Surface Transportation Extension Act of 2003. 

Subtitle B—Congestion Relief 

Sec. 1201. Motor vehicle congestion relief. 

Sec. 1202. Transportation systems management and operations. 

Sec. 1203. Real-time system management information program. 

Sec. 1204. Expedited national intelligent transportation systems deployment 

program. 

Sec. 1205. Intelligent transportation systems deployment. 

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

Sec. 1207. Assumption of responsibility for certain programs and projects. 

Sec. 1208. HOV lanes. 

Sec. 1209. Congestion pricing pilot program. 
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Subtitle C—Mobility and Efficiency 

Sec. 1301. National corridor infrastructure improvement program. 

Sec. 1302. Coordinated border infrastructure program. 

Sec. 1303. Freight intermodal connectors. 

Sec. 1304. Projects of national and regional significance 

Sec. 1305. Dedicated truck lanes. 

Sec. 1306. Truck parking facilities. 

Subtitle D—Highway Safety 

Sec. 1401. Highway safety improvement program. 

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

Sec. 1403. High risk rural road safety improvement program. 

Sec. 1404. Transfers of apportionments to safety programs. 

Sec. 1405. Safety incentives to prevent operation of motor vehicles by intoxicated persons. 

Subtitle E—Construction and Contract Efficiencies 

Sec. 1501. Design-build. 

Sec. 1502. Warranty highways. 

Sec. 1503. Public-private venture. 

Sec. 1504. Highways for LIFE pilot program. 

Sec. 1505. Unit bid pricing. 

Subtitle F—Finance 

Sec. 1601. Transportation Infrastructure Finance and Innovation Act. 

Sec. 1602. State infrastructure banks. 

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

Subtitle G—High Priority Projects 

Sec. 1701. High priority projects program.

TITLE II—HIGHWAY SAFETY 

Sec. 2001. Authorizations of appropriations. 

Sec. 2002. Occupant protection incentive grants. 

Sec. 2003. Alcohol-impaired driving countermeasures. 

Sec. 2004. State traffic safety information system improvements. 

Sec. 2005. High visibility enforcement program. 

Sec. 2006. Motorcycle crash causation study. 

Sec. 2007. Child safety and booster seats.

TITLE III—FEDERAL TRANSIT ADMINISTRATION PROGRAMS 

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

Sec. 3002. Policies, findings, and purposes. 

Sec. 3003. Definitions. 

Sec. 3004. Metropolitan planning. 

Sec. 3005. Statewide planning. 

Sec. 3006. Planning programs. 

Sec. 3007. Private enterprise participation. 

Sec. 3008. Urbanized area formula grants. 

Sec. 3009. Clean fuels formula grant program. 

Sec. 3010. Capital investment grants. 
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Sec. 3011. Formula grants for special needs of elderly individuals and individuals with disabilities. 

Sec. 3012. Formula grants for other than urbanized areas. 

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

Sec. 3014. Cooperative research program. 

Sec. 3015. National research and technology programs. 

Sec. 3016. National transit institute. 

Sec. 3017. Job access and reverse commute formula grants. 

Sec. 3018. New freedom program. 

Sec. 3019. Bus testing facility. 

Sec. 3020. Bicycle facilities. 

Sec. 3021. Transit in the parks pilot program. 

Sec. 3022. Human resource programs. 

Sec. 3023. General provisions on assistance. 

Sec. 3024. Special provisions for capital projects. 

Sec. 3025. Contract requirements. 

Sec. 3026. Project management oversight and review. 

Sec. 3027. Investigations of safety and hazards. 

Sec. 3028. State safety oversight. 

Sec. 3029. Controlled substances and alcohol misuse testing. 

Sec. 3030. Employee protective arrangements. 

Sec. 3031. Administrative procedures. 

Sec. 3032. National transit database. 

Sec. 3033. Apportionments based on fixed guideway factors. 

Sec. 3034. Authorizations. 

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

Sec. 3036. Updated terminology. 

Sec. 3037. Projects for new fixed guideway systems and extensions to existing 

systems. 

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

Sec. 3039. Fuel cell bus program. 

Sec. 3040. Extension of public transit vehicle exemption from axle weight restrictions. 

Sec. 3041. High-intensity small-urbanized area formula grant program. 

Sec. 3042. Allocations for national research and technology programs. 

Sec. 3043. Obligation ceiling. 

Sec. 3044. Adjustments for the Surface Transportation Extension Act of 2003.

TITLE IV—MOTOR CARRIER SAFETY 

Sec. 4001. Authorization of appropriations. 

Sec. 4002. Motor carrier safety grants. 

Sec. 4003. Border enforcement grants. 

Sec. 4004. Commercial driver’s license improvements. 

Sec. 4005. Hobbs Act. 

Sec. 4006. Penalty for denial of access to records. 

Sec. 4007. Medical review board. 

Sec. 4008. Increased penalties for out-of-service violations and false records. 

Sec. 4009. Commercial vehicle information systems and networks deployment. 

Sec. 4010. Safety fitness. 

Sec. 4011. Pattern of safety violations by motor carrier or broker management. 

Sec. 4012. Motor carrier research and technology program. 

Sec. 4013. International cooperation. 

Sec. 4014. Performance and registration information system management. 

Sec. 4015. Data quality improvement. 
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Sec. 4016. Completion of uniform carrier registration. 

Sec. 4017. Registration of motor carriers and freight forwarders. 

Sec. 4018. Deposit of certain civil penalties into Highway Trust Fund. 

Sec. 4019. Outreach and education. 

Sec. 4020. Insulin treated diabetes mellitus. 

Sec. 4021. Grant program for commercial motor vehicle operators. 

Sec. 4022. Commercial motor vehicle safety advisory committee. 

Sec. 4023. Safety data improvement program. 

Sec. 4024. Household goods transportation. 

Sec. 4025. Commercial driver’s license information system improvements. 

Sec. 4026. Technical corrections.

TITLE V—TRANSPORTATION RESEARCH AND EDUCATION 

Subtitle A—Funding 

Sec. 5101. Authorization of appropriations. 

Sec. 5002. Obligation ceiling. 

Subtitle B—Research, Technology, and Education 

Sec. 5201. Research, technology, and education. 

Sec. 5202. Long-term bridge performance program; innovative bridge research 

and deployment program. 

Sec. 5203. Surface transportation environment and planning cooperative research program. 

Sec. 5204. Technology deployment. 

Sec. 5205. Training and education. 

Sec. 5206. Freight planning capacity building. 

Sec. 5207. Advanced travel forecasting procedures program. 

Sec. 5208. National cooperative freight transportation research program. 

Sec. 5209. Future strategic highway research program. 

Sec. 5210. Transportation safety information management system project. 

Sec. 5211. Surface transportation congestion relief solutions research initiative. 

Subtitle C—University Transportation Research; Scholarship Opportunities 

Sec. 5301. National university transportation centers. 

Sec. 5302. University transportation research. 

Sec. 5303. Transportation scholarship opportunities program. 

Subtitle D—Advanced Technologies 

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

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

Subtitle E—Transportation Data and Analysis 

Sec. 5501. Bureau of Transportation Statistics. 

Subtitle F—Intelligent Transportation Systems Research 

Sec. 5601. Short title. 

Sec. 5602. Goals and purposes. 

Sec. 5603. General authorities and requirements. 

Sec. 5604. National architecture and standards. 

Sec. 5605. Research and development. 
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Sec. 5606. Infrastructure development. 

Sec. 5607. Definitions. 

Sec. 5608. Repeal.

TITLE VI—PLANNING AND PROJECT DELIVERY

TITLE VII—HAZARDOUS MATERIALS TRANSPORTATION

TITLE VIII—TRANSPORTATION DISCRETIONARY SPENDING 

GUARANTEE

1 SEC. 2. DEFINITION. 

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of Transportation.

4 TITLE I—FEDERAL-AID 

5 HIGHWAYS 

6 Subtitle A—Authorization of 

7 Programs 

8 SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. 

9 (a) IN GENERAL.—The following sums are author10 ized to be appropriated from the Highway Trust Fund 

11 (other than the Mass Transit Account): 

12 (1) INTERSTATE MAINTENANCE PROGRAM.—

13 For the Interstate maintenance program under sec14 tion 119 of title 23, United States Code, 

15 $4,500,615,000 for fiscal year 2004, 

16 $4,988,088,000 for fiscal year 2005, 

17 $5,359,491,000 for fiscal year, 2006, 

18 $5,711,450,000 for fiscal year 2007, 

19 $5,865,610,000 for fiscal year 2008, and 

20 $6,072,843,000 for fiscal year 2009. 
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1 (2) NATIONAL HIGHWAY SYSTEM.—For the Na2 tional Highway System under section 103 of that 

3 title, $5,400,738,000 for fiscal year 2004, 

4 $5,985,705,000 for fiscal year 2005, 

5 $6,431,389,000 for fiscal year 2006, 

6 $6,853,739,000 for fiscal year 2007, 

7 $7,038,732,000 for fiscal year 2008, and 

8 $7,287,412,000 for fiscal year 2009. 

9 (3) BRIDGE PROGRAM.—For the bridge pro10 gram under section 144 of that title, 

11 $3,861,779,000 for fiscal year 2004, 

12 $4,280,057,000 for fiscal year 2005, 

13 $4,598,742,000 for fiscal year 2006, 

14 $4,900,742,000 for fiscal year 2007, 

15 $5,033,021,000 for fiscal year 2008, and 

16 $5,210,839,000 for fiscal year 2009. 

17 (4) HIGHWAY SAFETY IMPROVEMENT PRO18 GRAM.—For the highway safety improvement pro19 gram under sections 130 and 152 of that title, 

20 $1,000,000,000 for fiscal year 2004, 

21 $1,100,000,000 for fiscal year 2005, 

22 $1,200,000,000 for fiscal year 2006, 

23 $1,300,000,000 for fiscal year 2007, 

24 $1,400,000,000 for fiscal year 2008, and 

25 $1,500,000,000 for fiscal year 2009. Of such funds 
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1 1 ⁄3 per fiscal year shall be available to carry out section 130 and 2 2 ⁄3 shall be available to carry out sec3 tion 152. 

4 (5) SURFACE TRANSPORTATION PROGRAM.—

5 For the surface transportation program under sec6 tion 133 of that title, $6,285,669,000 for fiscal year 

7 2004, $6,953,706,000 for fiscal year 2005, 

8 $7,460,645,000 for fiscal year 2006, 

9 $7,941,679,000 for fiscal year 2007, 

10 $8,146,898,000 for fiscal year 2008, and 

11 $8,446,153,000 for fiscal year 2009. 

12 (6) CONGESTION MITIGATION AND AIR QUALITY

13 IMPROVEMENT PROGRAM.—For the congestion miti14 gation and air quality improvement program under 

15 section 149 of that title, $1,530,210,000 for fiscal 

16 year 2004, $1,695,950,000 for fiscal year 2005, 

17 $1,822,227,000 for fiscal year 2006, 

18 $1,941,893,000 for fiscal year 2007, 

19 $1,994,307,000 for fiscal year 2008, and 

20 $2,064,767,000 for fiscal year 2009. 

21 (7) APPALACHIAN DEVELOPMENT HIGHWAY

22 SYSTEM PROGRAM.—For the Appalachian develop23 ment highway system program under section 14501 

24 of title 40, United States Code, $600,000,000 for 

25 each of fiscal years 2004 through 2009. 
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1 (8) RECREATIONAL TRAILS PROGRAM.—For the 

2 recreational trails program under section 206 of title 

3 23, United States Code, $70,000,000 for fiscal year 

4 2004, $90,000,000 for fiscal year 2005, 

5 $110,000,000 for fiscal year 2006, $130,000,000 for 

6 fiscal year 2007, $150,000,000 for fiscal year 2008, 

7 and $150,000,000 for fiscal year 2009. 

8 (9) FEDERAL LANDS HIGHWAYS PROGRAM.—

9 (A) INDIAN RESERVATION ROADS.—For 

10 Indian reservation roads under section 204 of 

11 title 23, United States Code, $375,000,000 for 

12 fiscal year 2004, $425,000,000 for fiscal year 

13 2005, $475,000,000 for fiscal year 2006, 

14 $500,000,000 for fiscal year 2007, 

15 $550,000,000 for fiscal year 2008, and 

16 $550,000,000 for fiscal year 2009. 

17 (B) PARK ROADS AND PARKWAYS.—For 

18 park roads and parkways roads under section 

19 204 of that title, $180,000,000 for fiscal year 

20 2004, $205,000,000 for fiscal year 2005, 

21 $230,000,000 for fiscal year 2006, 

22 $255,000,000 for fiscal year 2007, 

23 $280,000,000 for fiscal year 2008, and 

24 $305,000,000 for fiscal year 2009. 
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1 (C) PUBLIC LANDS HIGHWAY.—For public 

2 lands highway under section 204 of that title, 

3 $250,000,000 for fiscal year 2004, 

4 $275,000,000 for fiscal year 2005, 

5 $300,000,000 for fiscal year 2006, 

6 $325,000,000 for fiscal year 2007, 

7 $350,000,000 for fiscal year 2008, and 

8 $375,000,000 for fiscal year 2009. 

9 (D) REFUGE ROADS.—For refuge roads 

10 under section 204 of that title, $25,000,000 for 

11 each of fiscal years 2004 through 2009. 

12 (E) INDIAN TRANSPORTATION BONDS.—

13 For the Indian transportation bonds under sec14 tion 1117 of this title, $25,000,000 for fiscal 

15 year 2004, $25,000,000 for fiscal year 2005, 

16 $25,000,000 for fiscal year 2006, $50,000,000 

17 for fiscal year 2007, $50,000,000 for fiscal year 

18 2008, and $50,000,000 for fiscal year 2009. 

19 (10) NATIONAL CORRIDOR INFRASTRUCTURE

20 IMPROVEMENT PROGRAM.—For the national corridor 

21 infrastructure improvement program under section 

22 1301 of this title, $500,000,000 for fiscal year 2004, 

23 $900,000,000 for fiscal year 2005, $900,000,000 for 

24 fiscal year 2006, $900,000,000 for fiscal year 2007, 
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1 $900,000,000 for fiscal year 2008, and 

2 $900,000,000 for fiscal year 2009. 

3 (11) COORDINATED BORDER INFRASTRUCTURE

4 PROGRAM.—For the coordinated border infrastruc5 ture program under section 1302 of this title, 

6 $200,000,000 for fiscal year 2004, $300,000,000 for 

7 fiscal year 2005, $325,000,000 for fiscal year 2006, 

8 $350,000,000 for fiscal year 2007, $400,000,000 for 

9 fiscal year 2008, and $400,000,000 for fiscal year 

10 2009. 

11 (12) PROJECTS OF NATIONAL AND REGIONAL

12 SIGNIFICANCE PROGRAM.—For the projects of na13 tional and regional significance program under sec14 tion 1304 of this title, $2,900,000,000 for fiscal 

15 year 2004, $2,900,000,000 for fiscal year 2005, 

16 $2,900,000,000 for fiscal year 2006, 

17 $2,900,000,000 for fiscal year 2007, 

18 $3,000,000,000 for fiscal year 2008, and 

19 $3,000,000,000 for fiscal year 2009. 

20 (13) CONSTRUCTION OF FERRY BOATS AND

21 FERRY TERMINAL FACILITIES.—For construction of 

22 ferry boats and ferry terminal facilities under sec23 tion 165 of title 23, United States Code, 

24 $100,000,000 for fiscal year 2004, $105,000,000 for 

25 fiscal year 2005, $110,000,000 for fiscal year 2006, 
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1 $115,000,000 for fiscal year 2007, $120,000,000 for 

2 fiscal year 2008, and $125,000,000 for fiscal year 

3 2009. 

4 (14) NATIONAL SCENIC BYWAYS PROGRAM.—

5 For the national scenic byways program under sec6 tion 162 of title 23, United States Code, 

7 $35,000,000 for fiscal year 2004, $50,000,000 for 

8 fiscal year 2005, $65,000,000 for fiscal year 2006, 

9 $80,000,000 for fiscal year 2007, $95,000,000 for 

10 fiscal year 2008, and $110,000,000 for fiscal year 

11 2009. 

12 (15) CONGESTION PRICING PILOT PROGRAM.—

13 For the congestion pricing pilot program under sec14 tion 1209 of this title, $25,000,000 for fiscal year 

15 2004, $25,000,000 for fiscal year 2005, 

16 $25,000,000 for fiscal year 2006, $25,000,000 for 

17 fiscal year 2007, $25,000,000 for fiscal year 2008, 

18 and $25,000,000 for fiscal year 2009. 

19 (16) DEPLOYMENT OF 511 TRAVELER INFORMA20 TION PROGRAM.—For the 511 traveler information 

21 program under section 1204(c)(7) of this title, 

22 $25,000,000 for each of fiscal years 2004 through 

23 2009. 

24 (17) HIGH PRIORITY PROJECTS PROGRAM.—

25 For the high priority projects program under section 
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1 117 of title 23, United States Code, $1,953,000,000 

2 for fiscal year 2004, $2,144,793,000 for fiscal year 

3 2005, $2,355,412,000 for fiscal year 2006, 

4 $2,586,713,000 for fiscal year 2007, 

5 $2,840,728,000 for fiscal year 2008, and 

6 $3,119,688,000 for fiscal year 2009. 

7 (18) FREIGHT INTERMODAL CONNECTOR PRO8 GRAM.—For the freight intermodal connector pro9 gram under section 1303 of this title, $300,000,000 

10 for fiscal year 2004, $400,000,000 for fiscal year 

11 2005, $500,000,000 for fiscal year 2006, 

12 $600,000,000 for fiscal year 2007, $600,000,000 for 

13 fiscal year 2008, and $600,000,000 for fiscal year 

14 2009. 

15 (19) HIGH RISK RURAL ROAD SAFETY IM16 PROVEMENT PROGRAM.—For the high risk rural 

17 road safety improvement program under section 

18 1403 of this title, $250,000,000 for fiscal year 2004, 

19 $250,000,000 for fiscal year 2005, $250,000,000 for 

20 fiscal year 2006, $250,000,000 for fiscal year 2007, 

21 $250,000,000 for fiscal year 2008, and 

22 $250,000,000 for fiscal year 2009. 

23 (20) HIGHWAY USE TAX EVASION PROGRAM.—

24 For highway use tax evasion projects under section 

25 143 of title 23, United States Code, $26,000,000 for 
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1 fiscal year 2004, $55,000,000 for fiscal year 2005, 

2 $55,000,000 for fiscal year 2006, $44,000,000 for 

3 fiscal year 2007, $11,000,000 for fiscal year 2008, 

4 and $11,000,000 for fiscal year 2009. 

5 (21) PEDESTRIAN AND CYCLIST EQUITY.—

6 (A) TRANSPORTATION AND ACTIVE LIVING

7 PROGRAM.—For the transportation and active 

8 living program under section 1118 of this title, 

9 $25,000,000 for each of fiscal years 2004 

10 through 2009. [Reserved.] 

11 (B) SAFE ROUTES TO SCHOOL PRO12 GRAM.—For the safe routes to school program 

13 under section 1118 of this title, $250,000,000 

14 for each of the fiscal years 2004 through 2009. 

15 (C) NONMOTORIZED PILOT PROGRAM.—

16 For the nonmotorized pilot program under sec17 tion 1118 of this title, $20,000,000 for each of 

18 fiscal years 2004 through 2006 and 

19 $40,000,000 for each of fiscal years 2007 

20 through 2009. [Reserved.] 

21 (22) DEDICATED TRUCK LANES.—For dedi22 cated truck lanes under section 1305 of this title, 

23 $250,000,000 for fiscal year 2004 and 

24 $350,000,000 for each of fiscal years 2005 through 

25 2009. 
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1 (23) HIGHWAYS FOR LIFE PROGRAM.—For the 

2 highways for life program under section 1504 of this 

3 title, $125,000,000 for each of fiscal years 2004 

4 through 2009. 

5 (24) COMMONWEALTH OF PUERTO RICO HIGH6 WAY PROGRAM.—For the Commonwealth of Puerto 

7 Rico highway program under section 1214(r) of the 

8 Transportation Equity Act for the 21st Century 

9 (112 Stat. 209), $130,000,000 for fiscal year 2004, 

10 $140,000,000 for fiscal year 2005, $150,000,000 for 

11 fiscal year 2006, $160,000,000 for fiscal year 2007, 

12 $170,000,000 for fiscal year 2008, and 

13 $180,000,000 for fiscal year 2009. 

14 (b) DISADVANTAGED BUSINESS ENTERPRISES.—

15 (1) GENERAL RULE.—Except to the extent that 

16 the Secretary determines otherwise, not less than 10 

17 percent of the amounts made available for any pro18 gram under titles I, III, and V of this Act shall be 

19 expended with small business concerns owned and 

20 controlled by socially and economically disadvan21 taged individuals. 

22 (2) DEFINITIONS.—In this subsection, the fol23 lowing definitions apply: 

24 (A) SMALL BUSINESS CONCERN.—The 

25 term ‘‘small business concern’’ has the meaning 
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1 such term has under section 3 of the Small 

2 Business Act (15 U.S.C. 632); except that such 

3 term shall not include any concern or group of 

4 concerns controlled by the same socially and 

5 economically disadvantaged individual or indi6 viduals which has average annual gross receipts 

7 over the preceding 3 fiscal years in excess of 

8 $17,420,000, as adjusted by the Secretary for 

9 inflation. 

10 (B) SOCIALLY AND ECONOMICALLY DIS11 ADVANTAGED INDIVIDUALS.—The term ‘‘so12 cially and economically disadvantaged individ13 uals’’ has the meaning such term has under 

14 section 8(d) of the Small Business Act (15 

15 U.S.C. 637(d)) and relevant subcontracting reg16 ulations promulgated pursuant thereto; except 

17 that women shall be presumed to be socially 

18 and economically disadvantaged individuals for 

19 purposes of this subsection. 

20 (3) ANNUAL LISTING OF DISADVANTAGED BUSI21 NESS ENTERPRISES.—Each State shall annually sur22 vey and compile a list of the small business concerns 

23 referred to in paragraph (1) and the location of such 

24 concerns in the State and notify the Secretary, in 

25 writing, of the percentage of such concerns which 
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1 are controlled by women, by socially and economi2 cally disadvantaged individuals (other than women), 

3 and by individuals who are women and are otherwise 

4 socially and economically disadvantaged individuals. 

5 (4) UNIFORM CERTIFICATION.—The Secretary 

6 shall establish minimum uniform criteria for State 

7 governments to use in certifying whether a concern 

8 qualifies for purposes of this subsection. Such min9 imum uniform criteria shall include, but not be lim10 ited to, on-site visits, personal interviews, licenses, 

11 analysis of stock ownership, listing of equipment, 

12 analysis of bonding capacity, listing of work com13 pleted, resume of principal owners, financial capac14 ity, and type of work preferred. 

15 (5) COMPLIANCE WITH COURT ORDERS.—Noth16 ing in this subsection limits the eligibility of an enti17 ty or person to receive funds made available under 

18 titles I, III, and V of this Act if the entity or person 

19 is prevented, in whole or in part, from complying 

20 with paragraph (1) because a Federal court issues a 

21 final order in which the court finds that the require22 ment of paragraph (1), or the program established 

23 under paragraph (1), is unconstitutional. 
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1 SEC. 1102. OBLIGATION CEILING. 

2 (a) GENERAL LIMITATION.—Notwithstanding any 

3 other provision of law but subject to subsections (g) and 

4 (h), the obligations for Federal-aid highway and highway 

5 safety construction programs shall not exceed—

6 (1) $38,800,000,000 for fiscal year 2004; 

7 (2) $43,300,000,000 for fiscal year 2005; 

8 (3) $47,100,000,000 for fiscal year 2006; 

9 (4) $51,100,000,000 for fiscal year 2007; 

10 (5) $54,200,000,000 for fiscal year 2008; and 

11 (6) $58,200,000,000 for fiscal year 2009. 

12 (b) EXCEPTIONS.—The limitations under subsection 

13 (a) shall not apply to obligations—

14 (1) under section 125 of title 23, United States 

15 Code; 

16 (2) under section 147 of the Surface Transpor17 tation Assistance Act of 1978; 

18 (3) under section 9 of the Federal-Aid Highway 

19 Act of 1981; 

20 (4) under sections 131(b) and 131(j) of the 

21 Surface Transportation Assistance Act of 1982; 

22 (5) under sections 149(b) and 149(c) of the 

23 Surface Transportation and Uniform Relocation As24 sistance Act of 1987; 
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1 (6) under sections 1103 through 1108 of the 

2 Intermodal Surface Transportation Efficiency Act of 

3 1991; 

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

5 Code, as in effect on June 8, 1998; 

6 (8) under section 105 of title 23, United States 

7 Code (but, for each of fiscal years 1998 through 

8 2013), only in an amount equal to $639,000,000 per 

9 fiscal year; and 

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

11 obligation authority was made available under the 

12 Transportation Equity Act for the 21st Century or 

13 subsequent public laws for multiple years or to re14 main available until used, but only to the extent that 

15 such obligation authority has not lapsed or been 

16 used. 

17 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—

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

19 shall—

20 (1) not distribute obligation authority provided 

21 by subsection (a) for such fiscal year for amounts 

22 authorized for administrative expenses and amounts 

23 authorized for the highway use tax evasion program 

24 and the Bureau of Transportation Statistics; 
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1 (2) not distribute an amount of obligation au2 thority provided by subsection (a) that is equal to 

3 the unobligated balance of amounts made available 

4 from the Highway Trust Fund (other than the Mass 

5 Transit Account) for Federal-aid highway and high6 way safety programs for previous fiscal years the 

7 funds for which are allocated by the Secretary; 

8 (3) determine the ratio that—

9 (A) the obligation authority provided by 

10 subsection (a) for such fiscal year less the ag11 gregate of amounts not distributed under para12 graphs (1) and (2), bears to 

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

14 appropriated for Federal-aid highway and high15 way safety construction programs (other than 

16 sums authorized to be appropriated for sections 

17 set forth in paragraphs (1) through (7) of sub18 section (b) and sums authorized to be appro19 priated for section 105 of title 23, United 

20 States Code, equal to the amount referred to in 

21 subsection (b)(8)) for such fiscal year less the 

22 aggregate of the amounts not distributed under 

23 paragraph (1) of this subsection; 

24 (4) distribute the obligation authority provided 

25 by subsection (a) less the aggregate amounts not 
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1 distributed under paragraphs (1) and (2) for section 

2 117 of title 23, United States Code (relating to high 

3 priority projects program), section 14501 of title 40, 

4 United States Code (relating to Appalachian devel5 opment highway system), and $2,000,000,000 for 

6 such fiscal year under section 105 of title 23, United 

7 States Code (relating to minimum guarantee) so 

8 that amount of obligation authority available for 

9 each of such sections is equal to the amount deter10 mined by multiplying the ratio determined under 

11 paragraph (3) by the sums authorized to be appro12 priated for such section (except in the case of sec13 tion 105, $2,000,000,000) for such fiscal year; 

14 (5) distribute the obligation authority provided 

15 by subsection (a) less the aggregate amounts not 

16 distributed under paragraphs (1) and (2) and 

17 amounts distributed under paragraph (4) for each of 

18 the programs that are allocated by the Secretary 

19 under this Act and title 23, United States Code 

20 (other than activities to which paragraph (1) applies 

21 and programs to which paragraph (4) applies) by 

22 multiplying the ratio determined under paragraph 

23 (3) by the sums authorized to be appropriated for 

24 such program for such fiscal year; and 
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1 (6) distribute the obligation authority provided 

2 by subsection (a) less the aggregate amounts not 

3 distributed under paragraphs (1) and (2) and 

4 amounts distributed under paragraphs (4) and (5) 

5 for Federal-aid highway and highway safety con6 struction programs (other than the minimum guar7 antee program, but only to the extent that amounts 

8 apportioned for the minimum guarantee program for 

9 such fiscal year exceed $2,639,000,000, and the Ap10 palachian development highway system program) 

11 that are apportioned by the Secretary under this Act 

12 and title 23, United States Code, in the ratio that—

13 (A) sums authorized to be appropriated for 

14 such programs that are apportioned to each 

15 State for such fiscal year, bear to 

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

17 appropriated for such programs that are appor18 tioned to all States for such fiscal year. 

19 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU20 THORITY.—Notwithstanding subsection (c), the Secretary 

21 shall after August 1 of each of fiscal years 2004 through 

22 2009 revise a distribution of the obligation authority made 

23 available under subsection (c) if an amount made available 

24 under this section will not be obligated during the fiscal 

25 year and redistribute sufficient amounts to those States 
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1 able to obligate amounts in addition to those previously 

2 distributed during that fiscal year. In making the redis3 tribution, the Secretary shall give priority to those States 

4 having large unobligated balances of funds apportioned 

5 under sections 104 and 144 of title 23, United States 

6 Code. 

7 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

8 TRANSPORTATION RESEARCH PROGRAMS.—Obligation 

9 limitations imposed by subsection (a) shall apply to trans10 portation research programs carried out under chapter 5 

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

12 Act; except that obligation authority made available for 

13 such programs under such limitations shall remain avail14 able for a period of 3 fiscal years. 

15 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

16 FUNDS.—Not later than 30 days after the date of the dis17 tribution of obligation authority under subsection (c) for 

18 each of fiscal years 2004 through 2009, the Secretary 

19 shall distribute to the States any funds (1) that are au20 thorized to be appropriated for such fiscal year for Fed21 eral-aid highway programs, and (2) that the Secretary de22 termines will not be allocated to the States, and will not 

23 be available for obligation, in such fiscal year due to the 

24 imposition of any obligation limitation for such fiscal year. 

25 Such distribution to the States shall be made in the same 
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1 ratio as the distribution of obligation authority under sub2 section (c)(6). The funds so distributed shall be available 

3 for any purposes described in section 133(b) of title 23, 

4 United States Code. 

5 (g) SPECIAL RULE.—Obligation authority distributed 

6 for a fiscal year under subsection (c)(4) for a section set 

7 forth in subsection (c)(4) shall remain available until used 

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

9 addition to the amount of any limitation imposed on obli10 gations for Federal-aid highway and highway safety con11 struction programs for future fiscal years. 

12 (h) INCREASE IN OBLIGATION LIMIT.—Limitations 

13 on obligations imposed by subsection (a) for a fiscal year 

14 shall be increased by an amount equal to the amount de15 termined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the 

16 Balanced Budget and Emergency Deficit Control Act of 

17 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 

18 year. Any such increase shall be distributed in accordance 

19 with this section. 

20 (i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA21 TIVE EXPENSES.—Notwithstanding any other provision of 

22 law, the total amount of all obligations under section 

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

24 (1) $400,000,000 for fiscal year 2004; 

25 (2) $410,000,000 for fiscal year 2005; 
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1 (3) $420,000,000 for fiscal year 2006; 

2 (4) $430,000,000 for fiscal year 2007; 

3 (5) $440,000,000 for fiscal year 2008; and 

4 (6) $450,000,000 for fiscal year 2009. 

5 SEC. 1103. APPORTIONMENTS.

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

7 title 23, United States Code, is amended—

8 (1) by striking paragraphs (1) and (2) and in9 serting the following: 

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

11 appropriated from the Highway Trust Fund (other 

12 than the Mass Transit Account) for purposes de13 scribed in paragraph (2) $400,000,000 for fiscal 

14 year 2004, $410,000,000 for fiscal year 2005, 

15 $420,000,000 for fiscal year 2006, $430,000,000 for 

16 fiscal year 2007, $440,000,000 for fiscal year 2008, 

17 and $450,000,000 for fiscal year 2009. 

18 ‘‘(2) USE OF FUNDS.—The amounts authorized 

19 to be appropriated by paragraph (1) are authorized 

20 for the following purposes: 

21 ‘‘(A) To administer the provisions of law to 

22 be financed from appropriations for the Fed23 eral-aid highway program and programs au24 thorized under chapter 2. 
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1 ‘‘(B) To make transfers of such sums as 

2 the Secretary determines to be appropriate to 

3 the Appalachian Regional Commission for ad4 ministrative activities associated with the Appa5 lachian development highway system.’’; 

6 (2) in paragraph (3) by striking ‘‘sum deducted 

7 under’’ and inserting ‘‘amounts authorized to be ap8 propriated by’’; and 

9 (3) in paragraph (4)—

10 (A) by striking ‘‘sums deducted under’’ 

11 and inserting ‘‘amounts authorized to be appro12 priated by’’; and 

13 (B) by striking ‘‘and the Federal Motor 

14 Carrier Safety Administration’’. 

15 (b) NATIONAL HIGHWAY SYSTEM.—Section 104(b) 

16 of such title is amended—

17 (1) by striking ‘‘the deduction authorized by 

18 subsection (a) and’’; and 

19 (2) in paragraph (1)—

20 (A) by striking ‘‘$36,400,000 for each fis21 cal year’’ and inserting ‘‘$40,000,000 for fiscal 

22 year 2004, $45,000,000 for fiscal year 2005, 

23 $50,000,000 for fiscal year 2006, $55,000,000 

24 for fiscal year 2007, $65,000,000 for fiscal year 

25 2008, and $75,000,000 for fiscal year 2009’’; 
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1 (B) by striking ‘‘$18,800,000’’ and insert2 ing ‘‘$37,600,000’’; and 

3 (C) by striking ‘‘1998 through 2002’’ and 

4 inserting ‘‘2004 through 2009’’. 

5 (c) CONFORMING AMENDMENTS.—Section 104 of 

6 such title is amended—

7 (1) in subsection (f)(1)—

8 (A) by striking ‘‘, after making the deduc9 tion authorized by subsection (a) of this sec10 tion,’’; and 

11 (B) by striking ‘‘remaining’’; and 

12 (2) in subsection (i) by striking ‘‘deducted’’ and 

13 inserting ‘‘authorized to be appropriated’’.

14 (d) PUERTO RICO HIGHWAY PROGRAM.—Section 

15 1214(r) of the Transportation Equity Act for the 21st 

16 Century (112 Stat. 209; 117 Stat. 1114) is amended—

17 (1) in paragraph (1) by striking ‘‘(15) for each 

18 of fiscal years 1998 through 2004’’ and inserting 

19 ‘‘(24) for each of fiscal years 2004 through 2009 of 

20 the Transportation Equity Act: A Legacy for 

21 Users’’; and 

22 (2) in paragraph (2) by striking ‘‘(15) of this 

23 Act’’ and inserting ‘‘(24) of the Transportation Eq24 uity Act: A Legacy for Users’’.
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1 SEC. 1104. MINIMUM GUARANTEE. 

2 (a) GENERAL RULE.—Section 105(a) of title 23, 

3 United States Code, is amended—

4 (1) by striking ‘‘1998 through 2003’’ and in5 serting ‘‘2004 through 2009’’; 

6 (2) by striking ‘‘, high priority projects’’; and 

7 (3) by striking ‘‘and recreational trails’’ and in8 serting ‘‘recreational trails, coordinated border infra9 structure, freight intermodal connectors, safe routes 

10 to school, highway safety improvement, and high 

11 risk rural road safety improvement’’. 

12 (b) TREATMENT OF FUNDS.—Section 105(c)(1) of 

13 such title is amended—

14 (1) by striking ‘‘$2,800,000,000’’ and inserting 

15 ‘‘$3,100,000,000 in fiscal year 2004, 

16 $3,350,000,000 in fiscal year 2005, $3,700,000,000 

17 in fiscal year 2006, $4,000,000,000 in fiscal year 

18 2007, $4,400,000,000 in fiscal year 2008, and 

19 $4,800,000,000 in fiscal year 2009’’; 

20 (2) by striking ‘‘, high priority projects’’; and 

21 (3) by striking ‘‘and recreational trails’’ each 

22 place it appears and inserting ‘‘recreational trails, 

23 coordinated border infrastructure, freight intermodal 

24 connectors, safe routes to school, highway safety im25 provement, and high risk rural road safety improve26 ment’’. 
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1 (c) AUTHORIZATION.—Section 105(d) of such title is 

2 amended by striking ‘‘1998 through 2003’’ and inserting 

3 ‘‘2004 through 2009’’. 

4 (d) SPECIAL RULE.—Section 105 of such title is fur5 ther amended—

6 (1) by striking subsection (e); and 

7 (2) by redesignating subsection (f) as sub8 section (e). 

9 (e) GUARANTEED SPECIFIED RETURN.—Section 

10 105(e) of such title (as redesignated by subsection (d)) 

11 is amended—

12 (1) in the subsection heading by striking ‘‘OF

13 90.5’’ and inserting ‘‘SPECIFIED’’; 

14 (2) in paragraph (1)—

15 (A) by striking ‘‘1999 through 2003’’ and 

16 inserting ‘‘2004 through 2009’’; and 

17 (B) by inserting before the period at the 

18 end the following: ‘‘in fiscal year 2004, 91 per19 cent in fiscal year 2005, 92 percent in fiscal 

20 year 2006, 93 percent in fiscal year 2007, 94 

21 percent in fiscal year 2008, and 95 percent in 

22 fiscal year 2009’’. 

23 (3) by striking paragraph (2); 

24 (4) by redesignating paragraphs (3) and (4) as 

25 paragraphs (2) and (3), respectively; 
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1 (5) in paragraph (2) (as so redesignated) by 

2 striking ‘‘any’’ and inserting ‘‘the’’; and 

3 (6) in paragraph (3) (as so redesignated) by 

4 striking ‘‘90.5 percent’’ and inserting ‘‘the percent5 age required in paragraph (1) for such fiscal year’’. 

6 (f) SPECIAL RULE.—The amendment made by sub7 section (e)(2)(B) of this section shall not be in effect in 

8 any fiscal year if the obligation limitation for Federal-aid 

9 highways and highway safety construction for that fiscal 

10 year is less than the amount set forth in section 1102(a) 

11 of this Act for such fiscal year. 

12 SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

13 Section 110 of title 23, United States Code, relating 

14 to revenue aligned budget authority, will be continued in 

15 such a way as to create greater stability in program fund16 ing level adjustments and maintain a direct relationship 

17 to the receipts in the Highway Account of the Highway 

18 Trust Fund. 

19 SEC. 1106. EMERGENCY RELIEF. 

20 (a) IN GENERAL.—Section 125(c)(1) of title 23, 

21 United States Code, is amended by striking 

22 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 

23 (b) AUTHORIZATIONS OF APPROPRIATIONS FROM

24 GENERAL FUND.—There is authorized to be appropriated 

25 for a fiscal year such sums as may be necessary for alloca-
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1 tions by the Secretary described in subsections (a) and (b) 

2 of sections 125 of title 23, United States Code, if the total 

3 of those allocations in such fiscal year are in excess of 

4 $200,000,000. 

5 SEC. 1107. SURFACE TRANSPORTATION PROGRAM. 

6 Section 133(f)(1) of title 23, United States Code, is 

7 amended—

8 (1) by striking ‘‘1998 through 2000’’ and in9 serting ‘‘2004 through 2006’’; and 

10 (2) by striking ‘‘2001 through 2003’’ and in11 serting ‘‘2007 through 2009’’. 

12 SEC. 1108. HIGHWAY USE TAX EVASION PROJECTS. 

13 (a) PROJECT REPORTS.—Section 143 of title 23, 

14 United States Code, is amended by inserting at the end 

15 of subsection (b) the following: 

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

17 and States shall submit to the Secretary annual re18 ports that describe the projects, examinations, and 

19 criminal investigations funded by and carried out 

20 under this section. The reports must specify the an21 nual yield estimated for each project funded under 

22 this section.’’. 

23 (b) ELIGIBLE ACTIVITIES.—Section 143(b)(4) of 

24 such title is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (F); 

3 (2) by striking the period at the end of sub4 paragraph (G) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(H) to analyze and implement programs 

7 to reduce tax evasion associated with foreign 

8 imported fuel.’’. 

9 (c) FUEL REPORTING SYSTEM.— Section 143(c)(1) 

10 of such title is amended by striking ‘‘Not later than Au11 gust 1, 1998,’’ and inserting ‘‘Not later than April 1, 

12 2004,’’. 

13 (d) IRS REPORT.—Section 143(c)(2) of such title is 

14 amended—

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (B); 

17 (2) by striking the period at the end of sub18 paragraph (C) and inserting ‘‘: and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(D) the Internal Revenue Service shall 

21 provide a report to the Secretary on the status 

22 of the Internal Revenue Service projects funded 

23 under this section by March 30 and September 

24 30 of each year. The report shall include up-
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1 dates on the automated fuel tracking system 

2 project.’’. 

3 (e) FUNDING.—Section 143(c)(3) of such title is 

4 amended to read as follows: 

5 ‘‘(3) FUNDING.—Of the amounts made avail6 able to carry out this section for each of fiscal years 

7 2004 through 2009, the Secretary shall make funds 

8 available to the Internal Revenue Service to com9 plete, operate, and maintain an automated fuel re10 porting system and to the States to supplement 

11 State highway use tax enforcement programs.’’. 

12 SEC. 1109. APPALACHIAN DEVELOPMENT HIGHWAY SYS13 TEM. 

14 (a) APPORTIONMENT.—The Secretary shall appor15 tion funds made available by section 1101(a)(7) of this 

16 Act for fiscal years 2004 through 2009 among the States 

17 based on the latest available cost to complete estimate for 

18 the Appalachian development highway system under sec19 tion 14501 title 40, United States Code. 

20 (b) APPLICABILITY OF TITLE 23.—Funds made 

21 available by section 1101(a)(7) of this Act for the Appa22 lachian development highway system shall be available for 

23 obligation in the same manner as if such funds were ap24 portioned under chapter 1 of title 23, United States Code; 

25 except that the Federal share of the cost of any project 
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1 under this section shall be determined in accordance with 

2 such section 14501 of title 40, United States Code, and 

3 such funds shall be available to construct highways and 

4 access roads under such section and shall remain available 

5 until expended. 

6 (c) USE OF TOLL CREDITS.—Section 120(j)(1) of 

7 title 23, United States Code is amended by inserting ‘‘and 

8 the Appalachian development highway system program 

9 under section 14501 of title 40’’ after ‘‘section 125’’.

10 SEC. 1110. CONSTRUCTION OF FERRY BOATS AND FERRY 

11 TERMINAL FACILITIES. 

12 (a) IN GENERAL.—Subchapter I of chapter 1 of title 

13 23, United States Code, is amended by adding at the end 

14 the following: 

15 ‘‘§ 165. Construction of ferry boats and ferry terminal 

16 facilities 

17 ‘‘(a) IN GENERAL.—The Secretary shall carry out a 

18 program for construction of ferry boats and ferry terminal 

19 facilities in accordance with section 129(c). 

20 ‘‘(b) FEDERAL SHARE.—The Federal share payable 

21 for construction of ferry boats and ferry terminal facilities 

22 under this section shall be 80 percent of the cost thereof. 

23 ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made 

24 available to carry out this section shall remain available 

25 until expended. 
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1 ‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—

2 ‘‘(1) IN GENERAL.—$20,000,000 of the amount 

3 made available to carry out this section for each of 

4 fiscal years 2004 through 2009 shall be obligated for 

5 the construction or refurbishment of ferry boats and 

6 ferry terminal facilities and approaches to such fa7 cilities within marine highway systems that are part 

8 of the National Highway System. 

9 ‘‘(2) ALASKA.—$10,000,000 of the 

10 $20,000,000 for a fiscal year made available under 

11 paragraph (1) shall be made available to the State 

12 of Alaska. 

13 ‘‘(3) NEW JERSEY.—$5,000,000 of the 

14 $20,000,000 for a fiscal year made available under 

15 paragraph (1) shall be made available to the State 

16 of New Jersey. 

17 ‘‘(4) WASHINGTON.—$5,000,000 of the 

18 $20,000,000 for a fiscal year made available under 

19 paragraph (1) shall be made available to the State 

20 of Washington. 

21 ‘‘(e) APPLICABILITY.—All provisions of this chapter 

22 that are applicable to the National Highway System, other 

23 than provisions relating to apportionment formula and 

24 Federal share, shall apply to funds made available to carry 
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1 out this section, except as determined by the Secretary 

2 to be inconsistent with this section.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 subchapter I of chapter 1 of such title is amended by add5 ing at the end the following:

‘‘165. Construction of ferry boats and ferry terminal facilities.’’.

6 SEC. 1111. INTERSTATE MAINTENANCE DISCRETIONARY. 

7 (a) IN GENERAL.—Section 118 of title 23, United 

8 States Code, is amended—

9 (1) by striking subsection (c); 

10 (2) in subsection (e) by inserting ‘‘SPECIAL

11 RULES.—’’ before ‘‘Funds made’’; and 

12 (3) by redesignating subsections (d) and (e) as 

13 subsections (c) and (d), respectively. 

14 (b) CONFORMING AMENDMENT.—Section 103(d)(1) 

15 of such title is amended by striking ‘‘or section 118(c)’’. 

16 (c) TECHNICAL AMENDMENTS.—

17 (1) SECTION 127.—Section 127 of such title is 

18 amended by striking ‘‘118(b)(1)’’ and inserting 

19 ‘‘118(b)(2)’’. 

20 (2) SECTION 112.—Section 112 of such title is 

21 amended by striking subsection (f) and by redesig22 nating (g) as subsection (f). 

23 (3) SECTION 114.—Section 114(a) of such title 

24 is amended by striking ‘‘Except as provided in sec25 tion 117 of this title, such’’ and inserting ‘‘Such’’. 
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1 (4) SECTION 145.—Section 145(b) of such title 

2 is amended by striking ‘‘117 of title 23, United 

3 States Code,’’ and inserting ‘‘section 117 of this 

4 title’’. 

5 (d) LIMITATION.—The amendments made by this 

6 section shall not apply to, or have any affect with respect 

7 to, funds made available under section 118 of title 23, 

8 United States Code, before the date of enactment of this 

9 section. 

10 SEC. 1112. HIGHWAY BRIDGE.

11 (a) SCOUR COUNTERMEASURES.—Section 144(d) of 

12 title 23, United States Code, is amended to read as fol13 lows: 

14 ‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST15 ANCE.—

16 ‘‘(1) BRIDGE REPLACEMENT OR REHABILITA17 TION.—Whenever any State or States make applica18 tion to the Secretary for assistance in replacing or 

19 rehabilitating a highway bridge which the priority 

20 system established under subsections (b) and (c) 

21 shows to be eligible, the Secretary may approve Fed22 eral participation in replacing such bridge with a 

23 comparable facility or in rehabilitating such bridge. 

24 ‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS25 URES, AND APPLICATIONS OF CERTAIN COMPOSI-
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1 TIONS.—Whenever any State makes application to 

2 the Secretary for assistance in painting, seismic ret3 rofit, or preventive maintenance of, or installing 

4 scour countermeasures or applying calcium magne5 sium acetate, sodium acetate/formate, or other envi6 ronmentally acceptable, minimally corrosive anti7 icing and de-icing compositions to, the structure of 

8 a highway bridge, the Secretary may approve Fed9 eral participation in the painting, seismic retrofit, or 

10 preventive maintenance of, or installation of scour 

11 countermeasures or application of acetate or sodium 

12 acetate/formate or such anti-icing or de-icing com13 position to, such structure. 

14 ‘‘(3) ELIGIBILITY.—The Secretary shall deter15 mine the eligibility of highway bridges for replace16 ment or rehabilitation for each State based upon the 

17 unsafe highway bridges in such State; except that a 

18 State may carry out a project for preventive mainte19 nance on a bridge, seismic retrofit of a bridge, or in20 stalling scour countermeasures to a bridge under 

21 this section without regard to whether the bridge is 

22 eligible for replacement or rehabilitation under this 

23 section.’’. 
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1 (b) BRIDGE DISCRETIONARY SET-ASIDE.—Section 

2 144(g)(1) of such title is amended by adding at the end 

3 the following: 

4 ‘‘(D) FISCAL YEARS 2004 THROUGH 2009.—

5 Of the amounts authorized to be appropriated 

6 to carry out the bridge program under this sec7 tion for each of the fiscal years 2004 through 

8 2009, all but $100,000,000 shall be appor9 tioned as provided in subsection (e). Such 

10 $100,000,000 shall be available at the discre11 tion of the Secretary.’’. 

12 (c) OFF-SYSTEM BRIDGES.—Section 144(g)(3) of 

13 such title is amended—

14 (1) by striking ‘‘1987’’ and inserting ‘‘2004’’; 

15 (2) by striking ‘‘2003’’ and inserting ‘‘2009’’; 

16 (3) by inserting ‘‘, perform systematic preven17 tive maintenance,’’ after ‘‘paint’’; 

18 (4) by inserting a comma before ‘‘to highway 

19 bridges’’. 

20 (d) TECHNICAL AMENDMENT.—Section 144(i) of 

21 such title is amended by striking ‘‘at the same time’’ and 

22 all that follows through ‘‘Congress’’. 
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1 SEC. 1113. TRANSPORTATION AND COMMUNITY AND SYS2 TEM PRESERVATION PROGRAM. 

3 Section 1221(e)(1) of Transportation Equity Act for 

4 the 21st Century (23 U.S.C. 101 note; 112 Stat. 223) is 

5 amended—

6 (1) by striking ‘‘1999 and’’ and inserting 

7 ‘‘1999,’’; and 

8 (2) by inserting before the period at the end the 

9 following: ‘‘, and $30,000,000 for fiscal year 2004, 

10 $35,000,000 for fiscal year 2005, $40,000,000 for 

11 fiscal year 2006, $45,000,000,000 for fiscal year 

12 2007, and $50,000,000 for each of fiscal years 2008 

13 and 2009’’.

14 SEC. 1114. DEPLOYMENT OF MAGNETIC LEVITATION 

15 TRANSPORTATION PROJECTS. 

16 (a) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli19 gible project costs’’—

20 (A) means the capital cost of the fixed 

21 guideway infrastructure of a MAGLEV project, 

22 including land, piers, guideways, propulsion 

23 equipment and other components attached to 

24 guideways, power distribution facilities (includ25 ing substations), control and communications 

26 facilities, access roads, and storage, repair, and 
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1 maintenance facilities, but not including costs 

2 incurred for a new station; and 

3 (B) includes the costs of preconstruction 

4 planning activities. 

5 (2) FULL PROJECT COSTS.—The term ‘‘full 

6 project costs’’ means the total capital costs of a 

7 MAGLEV project, including eligible project costs 

8 and the costs of stations, vehicles, and equipment. 

9 (3) MAGLEV.—The term ‘‘MAGLEV’’ means 

10 transportation systems employing magnetic levita11 tion that would be capable of safe use by the public 

12 at a speed in excess of 240 miles per hour. 

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

15 United States Code. 

16 (b) IN GENERAL.—

17 (1) ASSISTANCE FOR ELIGIBLE PROJECTS.—

18 The Secretary shall make available financial assist19 ance to pay the Federal share of full project costs 

20 of eligible projects authorized by this section. 

21 (2) USE OF ASSISTANCE.—Financial assistance 

22 provided under paragraph (1) shall be used only to 

23 pay eligible project costs of projects authorized by 

24 this section. 
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1 (c) PROJECT ELIGIBILITY.—To be eligible to receive 

2 financial assistance under subsection (b), a project shall—

3 (1) involve a segment or segments of a high4 speed ground transportation corridor; 

5 (2) result in an operating transportation facility 

6 that provides a revenue producing service; and 

7 (3) be approved by the Secretary based on an 

8 application submitted to the Secretary by a State or 

9 authority designated by 1 or more States. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated from the Highway Trust 

12 Fund (other than the Mass Transit Account) to carry out 

13 this section $40,000,000 for each of fiscal years 2005 

14 through 2009. 

15 (e) APPLICABILITY OF TITLE 23, UNITED STATES

16 CODE.—Funds authorized to be appropriated by this sec17 tion shall be available for obligation in the same manner 

18 as if such funds were apportioned under chapter 1 of title 

19 23, United States Code; except that the Federal share of 

20 the full project costs of an eligible project shall be 80 per21 cent and such funds shall remain available until expended. 

22 SEC. 1115. RECREATIONAL TRAILS. 

23 (a) RECREATIONAL TRAILS PROGRAM FORMULA.—

24 Section 104(h)(1) of title 23, United States Code, is 

25 amended by striking ‘‘research and technical’’ and all that 
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1 follows through ‘‘Committee’’ and inserting ‘‘research, 

2 technical assistance, and training under the recreational 

3 trails program’’. 

4 (b) PERMISSIBLE USES.—Section 206(d)(2) of such 

5 title is amended to read as follows: 

6 ‘‘(2) PERMISSIBLE USES.—Permissible uses of 

7 funds apportioned to a State for a fiscal year to 

8 carry out this section include—

9 ‘‘(A) maintenance and restoration of exist10 ing recreational trails; 

11 ‘‘(B) development and rehabilitation of 

12 trailside and trailhead facilities and trail link13 ages for recreational trails; 

14 ‘‘(C) purchase and lease of recreational 

15 trail construction and maintenance equipment; 

16 ‘‘(D) construction of new recreational 

17 trails, except that, in the case of new rec18 reational trails crossing Federal lands, con19 struction of the trails shall be—

20 ‘‘(i) permissible under other law; 

21 ‘‘(ii) necessary and recommended by a 

22 statewide comprehensive outdoor recreation 

23 plan that is required by the Land and 

24 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); 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) operation of educational programs to 

2 promote safety and environmental protection as 

3 those objectives relate to the use of recreational 

4 trails, but in an amount not to exceed 5 percent 

5 of the apportionment made to the State for the 

6 fiscal year; and 

7 ‘‘(H) payment of costs to the State in8 curred in administering the program, but in an 

9 amount not to exceed 7 percent of the appor10 tionment made to the State for the fiscal year 

11 to carry out this section.’’. 

12 (c) USE OF APPORTIONMENTS.—Section 206(d)(3) 

13 of such title is amended—

14 (1) by striking subparagraph (C); 

15 (2) by redesignating subparagraph (D) as sub16 paragraph (C); and 

17 (3) in subparagraph (C) (as so redesignated) by 

18 striking ‘‘(2)(F)’’ and inserting ‘‘(2)(H)’’. 

19 (d) FEDERAL SHARE.—Section 206(f) of such title 

20 is amended—

21 (1) in paragraph (1)—

22 (A) by inserting ‘‘and the Federal share of 

23 the administrative costs of a State’’ after 

24 ‘‘project’’; and 
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1 (B) by striking ‘‘not exceed 80 percent’’ 

2 and inserting ‘‘be determined in accordance 

3 with section 120(b)’’; 

4 (2) in paragraph (2)(A) by striking ‘‘80 percent 

5 of’’ and inserting ‘‘the amount determined in accord6 ance with section 120(b) for’’; 

7 (3) in paragraph (2)(B) by inserting ‘‘spon8 soring the project’’ after ‘‘Federal agency’’; 

9 (4) by striking paragraph (5); 

10 (5) by redesignating paragraph (4) as para11 graph (5); 

12 (6) in paragraph (5) (as so redesignated) by 

13 striking ‘‘80 percent’’ and inserting ‘‘the Federal 

14 share as determined in accordance with section 

15 120(b)’’; and 

16 (7) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) USE OF RECREATIONAL TRAILS PROGRAM

19 FUNDS TO MATCH OTHER FEDERAL PROGRAM

20 FUNDS.—Notwithstanding any other provision of 

21 law, funds made available under this section may be 

22 used toward the non-Federal matching share for 

23 other Federal program funds that are—
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1 ‘‘(A) expended in accordance with the re2 quirements of the Federal program relating to 

3 activities funded and populations served; and 

4 ‘‘(B) expended on a project that is eligible 

5 for assistance under this section.’’. 

6 (e) PLANNING AND ENVIRONMENTAL ASSESSMENT

7 COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Sec8 tion 206(h)(1) of such title is amended by adding at the 

9 end the following: 

10 ‘‘(C) PLANNING AND ENVIRONMENTAL AS11 SESSMENT COSTS INCURRED PRIOR TO PROJECT

12 APPROVAL.—The Secretary may allow pre-ap13 proval planning and environmental compliance 

14 costs to be credited toward the non-Federal 

15 share of the cost of a project described under 

16 subsection (d)(2) (other than subparagraph (I)) 

17 in accordance with subsection (f), limited to 

18 costs incurred less than 18 months prior to 

19 project approval.’’. 

20 (f) ENCOURAGEMENT OF USE OF YOUTH CONSERVA21 TION OR SERVICE CORPS.—The Secretary shall encourage 

22 the States to enter into contracts and cooperative agree23 ments with qualified youth conservation or service corps 

24 to perform construction and maintenance of recreational 

25 trails under section 206 of title 23, United States Code. 
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1 SEC. 1116. FEDERAL LANDS HIGHWAYS. 

2 (a) CONTRACTS AND AGREEMENTS WITH INDIAN

3 TRIBES.—Section 202(d)(3) of title 23, United States 

4 Code, is amended to read as follows: 

5 ‘‘(3) CONTRACTS AND AGREEMENTS WITH IN6 DIAN TRIBES.—

7 ‘‘(A) IN GENERAL.—Notwithstanding any 

8 other provision of law or any interagency agree9 ment, program guideline, manual, or policy di10 rective, all funds made available to an Indian 

11 tribal government under this title for a high12 way, road, bridge, parkway, or transit facility 

13 project that is located on an Indian reservation 

14 or provides access to the reservation or a com15 munity of the Indian tribe shall be made avail16 able, on the request of the Indian tribal govern17 ment, to the Indian tribal government for use 

18 in carrying out, in accordance with the Indian 

19 Self-Determination and Education Assistance 

20 Act (25 U.S.C. 450 et seq.), contracts and 

21 agreements for the planning, research, engi22 neering, and construction relating to such 

23 project. 

24 ‘‘(B) EXCLUSION OF AGENCY PARTICIPA25 TION.—In accordance with subparagraph (A), 

26 all funds for a project to which subparagraph 
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1 (A) applies shall be paid to the Indian tribal 

2 government without regard to the organiza3 tional level at which the Department of the In4 terior has previously carried out, or the Depart5 ment of Transportation has previously carried 

6 out under the Federal lands highway programs, 

7 the programs, functions, services, or activities 

8 involved. 

9 ‘‘(C) CONSORTIA.—Two or more Indian 

10 tribes that are otherwise eligible to participate 

11 in a project to which this title applies may form 

12 a consortium to be considered as a single In13 dian tribe for the purpose of participating in 

14 the project under this section. 

15 ‘‘(D) FUNDING.—The amount an Indian 

16 tribal government receives for a project under 

17 subparagraph (A) shall equal the sum of the 

18 funding that the Indian tribal government 

19 would otherwise receive for the project in ac20 cordance with the funding formula established 

21 under this subsection and such additional 

22 amount as the Secretary determines equal the 

23 amounts that would have been withheld for the 

24 costs of the Bureau of Indian Affairs for ad25 ministration of the project. 
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1 ‘‘(E) ELIGIBILITY.—An Indian tribal gov2 ernment may receive funding under subpara3 graph (A) for a project in a fiscal year if the 

4 Indian tribal government demonstrates to the 

5 satisfaction of the Secretary financial stability 

6 and financial management capability as dem7 onstrated in the annual auditing required under 

8 the Indian Self-Determination and Education 

9 Assistance Act (25 U.S.C. 450 et seq.) and, 

10 during the preceding fiscal year, had no uncor11 rected significant and material audit exceptions 

12 in the required annual audit of the Indian 

13 tribe’s self-determination contracts or self-gov14 ernance funding agreements with any Federal 

15 agency. 

16 ‘‘(F) ASSUMPTION OF FUNCTIONS AND DU17 TIES.—An Indian tribal government receiving 

18 funding under subparagraph (A) for a project 

19 shall assume all functions and duties that the 

20 Secretary of the Interior would have performed 

21 with respect to projects under this chapter, 

22 other than those functions and duties that in23 herently cannot be legally transferred under the 

24 Indian Self-Determination and Education As25 sistance Act (25 U.S.C. 450b et seq.). 
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1 ‘‘(G) POWERS.—An Indian tribal govern2 ment receiving funding under subparagraph (A) 

3 for a project shall have all powers that the Sec4 retary of the Interior would have exercised in 

5 administering the funds transferred to the In6 dian tribal government for such project under 

7 this section if such funds had not been trans8 ferred, except to the extent that such powers 

9 are powers that inherently cannot be legally 

10 transferred under the Indian Self-Determina11 tion and Education Assistance Act (25 U.S.C. 

12 450b et seq.). 

13 ‘‘(H) DISPUTE RESOLUTION.—In the event 

14 of a disagreement between the Secretary of 

15 Transportation or the Secretary of the Interior 

16 and an Indian tribe over whether a particular 

17 function, duty, or power may be lawfully trans18 ferred under the Indian Self-Determination and 

19 Education Assistance Act (25 U.S.C. 450b et 

20 seq.), the Indian tribe shall have the right to 

21 pursue all alternative dispute resolutions and 

22 appeal procedures authorized by such Act, in23 cluding regulations issued to carry out such 

24 Act.’’. 
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1 (b) ALASKA NATIVE VILLAGE INVENTORY.—Section 

2 202(d)(2) of such title is amended by adding at the end 

3 the following: 

4 ‘‘(E) ALASKA NATIVE ROAD INVENTORY.—

5 ‘‘(i) IN GENERAL.—For fiscal year 

6 2004 and each fiscal year thereafter, any 

7 allocation of sums authorized to be appro8 priated for Indian reservation roads in 

9 Alaska shall be based on an inventory of 

10 roads within the exterior boundaries of vil11 lage corporation land selected pursuant to 

12 the Alaska Native Claims Settlement Act 

13 (43 U.S.C. 1601 et seq.) that includes all 

14 routes previously included in such an in15 ventory. The Secretary of Transportation 

16 and the Secretary of the Interior may in17 clude, in the inventory of roads, those pro18 posed for inclusion by tribal village govern19 ments from among community streets 

20 within the village and those proposed pri21 mary access routes for inclusion by tribal 

22 village governments, including roads and 

23 trails between villages (including links over 

24 water), roads and trails to landfills, roads 

25 and trails to drinking water sources, roads 
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1 and trails to natural resources identified 

2 for economic development, and roads and 

3 trails that provide access to intermodal ter4 mini, such as airports, harbors, or boat 

5 landings. 

6 ‘‘(ii) LIMITATION ON PRIMARY ACCESS

7 ROUTES.—For purposes of this subpara8 graph, a proposed primary access route is 

9 the shortest practicable route connecting 2 

10 points of the proposed route.’’. 

11 (c) DEPUTY ASSISTANT SECRETARY OF TRANSPOR12 TATION FOR TRIBAL GOVERNMENT AFFAIRS.—Section 

13 102 of title 49, United States Code, is amended—

14 (1) by redesignating subsection (f) as sub15 section (g); and 

16 (2) by inserting after subsection (e) the fol17 lowing: 

18 ‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL

19 GOVERNMENT AFFAIRS.—The Department of Transpor20 tation shall have, within the office of the Secretary, a Dep21 uty Assistant Secretary for Tribal Government Affairs ap22 pointed by the President to plan, coordinate, and imple23 ment the Department of Transportation policy and pro24 grams serving Indian tribes and tribal organizations and 

25 to coordinate tribal transportation programs and activities 
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1 in all offices and administrations of the Department and 

2 to be a participant in any negotiated rulemaking related 

3 to, or has impact on, projects, programs, or funding asso4 ciated with the tribal transportation program.’’. 

5 SEC. 1117. INDIAN TRANSPORTATION BONDS. 

6 [Reserved.]

7 SEC. 1118. PEDESTRIAN AND CYCLIST EQUITY. 

8 (a) TRANSPORTATION AND ACTIVE LIVING PRO9 GRAM.—[Reserved.] 

10 (b) SAFE ROUTES TO SCHOOL PROGRAM.—

11 (1) ESTABLISHMENT.—Subject to the require12 ments of this subsection, the Secretary shall estab13 lish and carry out a safe routes to school program 

14 for the benefit of children in primary and middle 

15 schools. 

16 (2) PURPOSES.—The purposes of the program 

17 shall be—

18 (A) to enable and encourage children, in19 cluding those with disabilities, to walk and bicy20 cle to school; 

21 (B) to make bicycling and walking to 

22 school a safer and more appealing transpor23 tation alternative, thereby encouraging a 

24 healthy and active lifestyle from an early age; 

25 and 
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1 (C) to facilitate the planning, development, 

2 and implementation of projects and activities 

3 that will improve safety and reduce traffic, fuel 

4 consumption, and air pollution in the vicinity of 

5 schools. 

6 (3) APPORTIONMENT OF FUNDS.—

7 (A) IN GENERAL.—Subject to subpara8 graphs (B) and (C), amounts made available to 

9 carry out this subsection for a fiscal year shall 

10 be apportioned among the States in the ratio 

11 that—

12 (i) the total student enrollment in pri13 mary and middle schools in each State; 

14 bears to 

15 (ii) the total student enrollment in 

16 primary and middle schools in all the 

17 States. 

18 (B) MINIMUM APPORTIONMENT.—No 

19 State shall receive an apportionment under this 

20 subsection for a fiscal year of less than 

21 $2,000,000. 

22 (C) SET-ASIDE.—Before apportioning 

23 amounts made available to carry out this sub24 section under this paragraph for a fiscal year, 

25 the Secretary shall set aside not more than 2 
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1 percent of such amounts for the administrative 

2 expenses of the Secretary in carrying out this 

3 subsection. 

4 (D) DETERMINATION OF STUDENT EN5 ROLLMENTS.—Determinations under this para6 graph concerning student enrollments shall be 

7 made by the Secretary. 

8 (4) ADMINISTRATION OF AMOUNTS.—Amounts 

9 apportioned to a State under this subsection shall be 

10 administered by the State’s department of transpor11 tation. 

12 (5) ELIGIBLE RECIPIENTS.—Amounts appor13 tioned to a State under this subsection shall be used 

14 by the State to provide financial assistance to State, 

15 local, and regional agencies, including nonprofit or16 ganizations, that demonstrate an ability to meet the 

17 requirements of this subsection. 

18 (6) ELIGIBLE PROJECTS AND ACTIVITIES.—

19 (A) INFRASTRUCTURE-RELATED

20 PROJECTS.—

21 (i) IN GENERAL.—Amounts appor22 tioned to a State under this subsection 

23 may be used for the planning, design, and 

24 construction of infrastructure-related 

25 projects that will substantially improve the 
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1 ability of students to walk and bike to 

2 school, including sidewalk improvements, 

3 traffic calming and speed reduction im4 provements, pedestrian and bicycle cross5 ing improvements, on-street bicycle facili6 ties, off-street bicycle and pedestrian facili7 ties, secure bicycle parking facilities, and 

8 traffic diversion improvements in the vicin9 ity of schools. 

10 (ii) LOCATION OF PROJECTS.—Infra11 structure-related projects under subpara12 graph (A) may be carried out on any pub13 lic road or any bicycle or pedestrian path14 way or trail in the vicinity of schools. 

15 (B) NONINFRASTRUCTURE-RELATED AC16 TIVITIES.—

17 (i) IN GENERAL.—In addition to 

18 projects described in subparagraph (A), 

19 amounts apportioned to a State under this 

20 subsection may be used for noninfrastruc21 ture-related activities to encourage walking 

22 and bicycling to school, including public 

23 awareness campaigns and outreach to 

24 press and community leaders, traffic edu25 cation and enforcement in the vicinity of 
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1 schools, student sessions on bicycle and pe2 destrian safety, health, and environment, 

3 and funding for training, volunteers, and 

4 coordinators of safe routes to school pro5 grams. 

6 (ii) ALLOCATION.—Not less than 10 

7 percent and not more than 30 percent of 

8 the amount apportioned to a State under 

9 this subsection for a fiscal year shall be 

10 used for noninfrastructure-related activities 

11 under this subparagraph. 

12 (C) SAFE ROUTES TO SCHOOL COORDI13 NATOR.—Each State receiving an apportion14 ment under this subsection for a fiscal year 

15 shall use a sufficient amount of the apportion16 ment to fund a full-time position of coordinator 

17 of the State’s safe routes to school program. 

18 (7) CLEARINGHOUSE.—

19 (A) IN GENERAL.—The Secretary shall 

20 make grants to a national nonprofit organiza21 tion engaged in promoting safe routes to 

22 schools to—

23 (i) operate a national safe routes to 

24 school clearinghouse; 
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1 (ii) develop information and edu2 cational programs on safe routes to school; 

3 and

4 (iii) provide technical assistance and 

5 disseminate techniques and strategies used 

6 for successful safe routes to school pro7 grams. 

8 (B) FUNDING.—The Secretary shall carry 

9 out this paragraph using amounts set aside for 

10 administrative expenses under paragraph 

11 (3)(C). 

12 (8) TASK FORCE.—

13 (A) IN GENERAL.—The Secretary shall es14 tablish a national safe routes to school task 

15 force composed of leaders in health, transpor16 tation, and education, including representatives 

17 of appropriate Federal agencies, to study and 

18 develop a strategy for advancing safe routes to 

19 school programs nationwide. 

20 (B) REPORT.—Not later than March 30, 

21 2005, the Secretary shall transmit to Congress 

22 a report containing the results of the study con23 ducted, and a description of the strategy devel24 oped, under subparagraph (A). 
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1 (C) FUNDING.—The Secretary shall carry 

2 out this paragraph using amounts set aside for 

3 administrative expenses under paragraph 

4 (3)(C). 

5 (9) APPLICABILITY OF TITLE 23.—Funds made 

6 available to carry out this subsection shall be avail7 able for obligation in the same manner as if such 

8 funds were apportioned under chapter 1 of title 23, 

9 United States Code; except that such funds shall not 

10 be transferable and shall remain available until ex11 pended and the Federal share of the cost of a 

12 project or activity under this section shall be 100 

13 percent. Notwithstanding any other provision of law, 

14 projects assisted under this subsection shall be treat15 ed as projects on a Federal-aid system under such 

16 chapter. 

17 (10) DEFINITIONS.—In this subsection, the fol18 lowing definitions apply: 

19 (A) IN THE VICINITY OF SCHOOLS.—The 

20 term ‘‘in the vicinity of schools’’ means, with 

21 respect to a school, the area within bicycling 

22 and walking distance of the school (approxi23 mately 2 miles). 

24 (B) PRIMARY AND MIDDLE SCHOOLS.—

25 The term ‘‘primary and middle schools’’ means 
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1 schools providing education from kindergarten 

2 through eighth grade. 

3 (C) STATE.—The term ‘‘State’’ has the 

4 meaning such term has in section 101(a) of 

5 title 23, United States Code. 

6 (c) NONMOTORIZED TRANSPORTATION PILOT PRO7 GRAM.—[Reserved.]

8 SEC. 1119. NATIONAL COMMISSIONS.

9 (a) NATIONAL COMMISSION ON FUTURE REVENUE

10 SOURCES TO SUPPORT THE HIGHWAY TRUST FUND.—

11 (1) ESTABLISHMENT.—There is established a 

12 National Commission on Future Revenue Sources to 

13 Support the Highway Trust Fund to conduct a 

14 study evaluating alternative long-term sources of 

15 revenue to support the Highway Trust Fund, consid16 ering the findings, conclusions, and recommenda17 tions of a recent study by the Transportation Re18 search Board of the National Academy of Sciences 

19 on alternatives to the fuel tax to support highway 

20 program financing and other relevant prior research. 

21 (2) FUNCTIONS.—The Commission shall—

22 (A) oversee a comprehensive investigation 

23 of alternatives to replace the fuel tax as the 

24 principal revenue source to support the High25 way Trust Fund over at least the next 30 years; 
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1 (B) consult with the Secretary of Trans2 portation and the Secretary of the Treasury to 

3 assure that their views concerning essential at4 tributes of Highway Trust Fund revenue alter5 natives are understood; 

6 (C) assure that State transportation agen7 cy views on alternative revenue sources to sup8 port State transportation improvement pro9 grams are appropriately considered and that 

10 any recommended Federal financing strategy 

11 take into account State financial requirements; 

12 and 

13 (D) make specific recommendations re14 garding actions that need to be taken to develop 

15 alternative revenue sources to support the 

16 Highway Trust Fund and when those actions 

17 must be taken. 

18 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

19 The study under this subsection shall address spe20 cifically—

21 (A) advantages and disadvantages of alter22 native revenue sources to meet anticipated Fed23 eral surface transportation financial require24 ments; 
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1 (B) the time frame within which actions 

2 must be taken to transition from the fuel tax to 

3 alternative revenue sources to support the 

4 Highway Trust Fund; 

5 (C) recommendations concerning the most 

6 promising revenue sources to support long-term 

7 Federal surface transportation financing re8 quirements; 

9 (D) development of a broad transition 

10 strategy to move from the current tax base to 

11 new funding mechanisms, including the time 

12 frame for various aspects of the transition 

13 strategy; 

14 (E) recommendations for additional re15 search that may be needed to implement rec16 ommended alternatives; and 

17 (F) the extent to which revenues should re18 flect the relative use of the highway system. 

19 (4) MATTERS TO CONSIDER AND EVALUATE.—

20 To the maximum extent feasible, the Commission, in 

21 conducting the study under this subsection, shall 

22 consider and evaluate other related work that has 

23 been done by the Department of Transportation, the 

24 Department of Energy, the Transportation Research 

25 Board, and others. In developing recommendations 
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1 under paragraph (2), the Commission shall con2 sider—

3 (A) the ability to generate sufficient reve4 nues to meet anticipated long term surface 

5 transportation financing needs; 

6 (B) the roles of the various levels of gov7 ernment and the private sector in meeting fu8 ture surface transportation financing needs; 

9 (C) administrative costs, including enforce10 ment, to implement each option; 

11 (D) potential taxpayer privacy concerns; 

12 (E) likely technological advances that could 

13 ease implementation of each option; 

14 (F) the equity and economic efficiency of 

15 each option; 

16 (G) the flexibility of different options to 

17 allow various pricing alternatives to be imple18 mented; and 

19 (H) potential compatibility issues with 

20 States tax mechanisms under each alternative. 

21 (5) MEMBERSHIP.—

22 (A) APPOINTMENT.—[Reserved.] 

23 (B) QUALIFICATIONS.—Members ap24 pointed under subparagraph (A) shall have ex25 perience in public finance, surface transpor-
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1 tation program administration, managing orga2 nizations that use surface transportation facili3 ties, academic research into related issues, or 

4 other activities that provide unique perspectives 

5 on current and future requirements for revenue 

6 sources to support the Highway Trust Fund. 

7 (C) TERMS.—Members shall be appointed 

8 for the life of the Commission. 

9 (D) VACANCIES.—A vacancy on the Com10 mission shall be filled in the manner in which 

11 the original appointment was made. 

12 (E) TRAVEL EXPENSES.—Members shall 

13 serve without pay but shall receive travel ex14 penses, including per diem in lieu of subsist15 ence, in accordance with sections 5702 and 

16 5703 of title 5, United States Code. 

17 (F) CHAIRMAN.—The Chairman of the 

18 Commission shall be elected by the members. 

19 (6) STAFF.—The Commission may engage the 

20 services of an appropriate organization, agency, or 

21 firm to conduct the study under this subsection. The 

22 Commission shall provide strategic guidance for the 

23 study. Upon request of the Commission, the Sec24 retary of Transportation may detail, on a reimburs25 able basis, any of the personnel of that department 
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1 to the Commission to assist it in carrying out its du2 ties under this subsection and shall provide to the 

3 Commission nonconfidential data and information as 

4 necessary to conduct and complete the study. 

5 (7) ADMINISTRATIVE SUPPORT SERVICES.—

6 Upon the request of the Commission, the Secretary 

7 shall provide to the Commission, on a reimbursable 

8 basis, the administrative support and services nec9 essary for the Commission to carry out its respon10 sibilities under this subsection. 

11 (8) REPORT AND RECOMMENDATIONS.—Not 

12 later than September 30, 2006, the Commission 

13 shall transmit to Congress a final report on the re14 sults of the study conducted under this subsection, 

15 including recommendations to address the needs 

16 identified in the study. 

17 (9) TERMINATION.—The Commission shall ter18 minate on the 180th day following the date of trans19 mittal of the report under paragraph (8). By such 

20 180th day, the Commission shall deliver all records 

21 and papers of the Commission to the Administrator 

22 of the General Services for deposit in the National 

23 Archives. 

24 (10) AUTHORIZATION OF APPROPRIATIONS.—

25 There is authorized to be appropriated from the 
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1 Highway Trust Fund (other than the Mass Transit 

2 Account) $1,500,000 for each of fiscal years 2004 

3 and 2005 to carry out this subsection. 

4 (11) APPLICABILITY OF TITLE 23.—Funds 

5 made available to carry out this subsection shall be 

6 available for obligation in the same manner as if 

7 such funds were apportioned under chapter 1 of title 

8 23, United States Code; except that the Federal 

9 share of the cost of activities carried out under this 

10 subsection shall be 100 percent, and such funds 

11 shall remain available until expended. 

12 (b) DECLARATION OF POLICY REGARDING FUTURE

13 OF THE INTERSTATE HIGHWAY SYSTEM STUDY.—Section 

14 101(b) of title 23, United States Code, is amended by 

15 striking the last paragraph and inserting the following: 

16 ‘‘It is further declared that it is in the national inter17 est to preserve and enhance the Dwight D. Eisenhower 

18 National System of Interstate and Defense Highways to 

19 meet the Nation’s needs for the 21st century. The current 

20 urban and long distance personal travel and freight move21 ment demands have surpassed the vision of the original 

22 Interstate System and travel demand patterns are ex23 pected to change. Continued planning for and investment 

24 in the Interstate System is critical to assure it adequately 

25 meets the changing travel demands of the future. Among 
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1 the foremost needs that the Interstate System must pro2 vide are safe, efficient, and reliable (1) national and inter3 regional personal mobility, (2) flow of interstate com4 merce, and (3) travel movements essential for national se5 curity. To the maximum extent, actions under this title 

6 should address congestion, safety, and freight transpor7 tation to provide for a strong and vigorous national econ8 omy. The Interstate System is hereby declared to be the 

9 Nation’s premiere highway system, essential for the Na10 tion’s economic vitality, national security, and general wel11 fare. The Secretary of Transportation is directed to take 

12 appropriate actions to preserve and enhance the Interstate 

13 System to meet the needs of the 21st century in accord14 ance with this title.’’. 

15 (c) NATIONAL COMMISSION ON FUTURE OF INTER16 STATE HIGHWAY SYSTEM.—

17 (1) ESTABLISHMENT.—There is established a 

18 National Commission on the Future of the Dwight 

19 D. Eisenhower National System of Interstate and 

20 Defense Highways (in this subsection referred to as 

21 the ‘‘Interstate System’’). 

22 (2) FUNCTION.—The Commission shall—

23 (A) conduct a study of the current condi24 tion and future of the Interstate System and 

25 develop a conceptual plan with alternative ap-
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1 proaches for the future of the Interstate System 

2 to assure that the Interstate System will con3 tinue to serve the needs of the Nation; 

4 (B) assure that State transportation agen5 cy views are considered; and 

6 (C) make specific recommendations regard7 ing those design standards, Federal policies, 

8 and legislative changes that must be made to 

9 assure the national interests are served in meet10 ing future Interstate System needs. 

11 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

12 The Commission shall assure that the study under 

13 this subsection specifically addresses the following: 

14 (A) CURRENT CONDITION.—The current 

15 condition and performance of the Interstate 

16 System, including physical condition of bridges 

17 and pavements and operational characteristics 

18 and performance, shall be examined, relying 

19 primarily on existing data sources. 

20 (B) FUTURE ASSESSMENT.—The future of 

21 the Interstate System, based on a range of leg22 islative and policy approaches for 15-, 30-, and 

23 50-year horizons. 

24 (4) SPECIFIC ISSUES AND DETAILS TO AD25 DRESS.—The following specific issues and details 
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1 shall be addressed as a part of the study under this 

2 subsection: 

3 (A) DEMOGRAPHICS.—Expected demo4 graphics and business uses that impact trans5 portation. 

6 (B) USAGE.—Expected system use and ef7 fects of changing vehicle types, fleet size and 

8 weights, and traffic volumes. 

9 (C) NATURAL DISASTER.—Seismic and 

10 other vulnerabilities and their potential impacts. 

11 (D) DESIGN STANDARDS.—Desirable de12 sign policies and standards for future improve13 ments, including safety improvement and addi14 tional access points. 

15 (E) SYSTEM WIDE NEEDS.—Identification 

16 of both urban and rural needs. 

17 (F) POTENTIAL SYSTEM EXPANSION, UP18 GRADES, OR OTHER CHANGES.—Deployment of 

19 advanced materials and intelligent technologies; 

20 critical multi-state rural corridors needing ca21 pacity, safety, and operational enhancements; 

22 urban and multi-state corridor additions; by23 passes of major cities that ensure efficient long24 haul travel; improvements to inter-modal link-
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1 ages; strategies to enhance asset preservation; 

2 and implementation strategies. 

3 (G) COMMUNITY VALUES.—Consideration 

4 of alternative approaches to maintaining or en5 hancing community values in those neighbor6 hoods adjacent to the Interstate System. 

7 (H) ENVIRONMENTAL ISSUES.—Consider8 ation of alternative approaches to addressing 

9 environmental concerns relative to rec10 ommended alternatives. 

11 (I) SYSTEM PERFORMANCE.—Evaluation 

12 and assessment of the current and future capa13 bilities for conducting system-wide real-time 

14 performance data collection and analysis, traffic 

15 monitoring, system operations and manage16 ment. 

17 (5) ALTERNATIVES.—A range of policy rec18 ommendations shall be developed as a part of the 

19 plan under this subsection to address identified fu20 ture needs of the Interstate System. The alternatives 

21 shall include funding needs and potential approaches 

22 to provide those funds. 

23 (6) MEMBERSHIP.—

24 (A) APPOINTMENT.—[Reserved.] 
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1 (B) QUALIFICATIONS.—Members ap2 pointed under subparagraph (A) shall be ap3 pointed from among individuals that have a 

4 concern for maintaining a strong role for the 

5 Interstate System in the future of the Nation 

6 and may include representatives from Federal, 

7 State, and local governments, other transpor8 tation authorities or agencies, and organizations 

9 representing surface transportation owners and 

10 operators. 

11 (C) TERMS.—Members shall be appointed 

12 for the life of the Commission. 

13 (D) VACANCIES.—A vacancy in the Com14 mission shall be filled in the manner in which 

15 the original appointment was made. 

16 (E) TRAVEL EXPENSES.—Member shall 

17 serve without pay but shall receive travel ex18 penses, including per diem in lieu of subsist19 ence, in accordance with sections 5702 and 

20 5703 of title 5, United States Code. 

21 (F) CHAIRMAN.—The Chairman of the 

22 Commission shall be elected by the members. 

23 (7) STAFF.—The Commission may engage the 

24 services of an appropriate organization, agency, or 

25 firm to conduct the study under this subsection. The 
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1 Commission will provide strategic guidance for the 

2 study. Upon request of the Commission, the Sec3 retary may detail, on a reimbursable basis, any of 

4 the personnel of the Department of Transportation 

5 to the Commission to assist it in carrying out its du6 ties under this section and shall provide to the Com7 mission such nonconfidential data and information 

8 as necessary to conduct the study. 

9 (8) ADMINISTRATIVE SUPPORT SERVICES.—

10 Upon the request of the Commission, the Secretary 

11 shall provide to the Commission, on a reimbursable 

12 basis, the administrative support and services nec13 essary for the Commission to carry out its respon14 sibilities under this subsection. 

15 (9) REPORT AND RECOMMENDATIONS.—Not 

16 later than September 30, 2006, the Commission 

17 shall transmit to Congress a final report on the re18 sults of the study conducted under this subsection, 

19 including recommendations to address the needs 

20 identified in the study. 

21 (10) TERMINATION.—The Commission shall 

22 terminate on the 180th day following the date of 

23 transmittal of the report under paragraph (9). By 

24 such 180th day, the Commission shall deliver all 

25 records and papers of the Commission to the Admin-
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1 istrator of the General Services for deposit in the 

2 National Archives. 

3 (11) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated from the 

5 Highway Trust Funds (other than the Mass Transit 

6 Account) to carry out this subsection $1,000,000 for 

7 each of fiscal years 2005 and 2006. 

8 (12) APPLICABILITY OF TITLE 23, UNITED

9 STATES CODE.—Funds authorized to be appro10 priated by this section shall be available for obliga11 tion in the same manner as if such funds were ap12 portioned under chapter 1 of title 23, United States 

13 Code; except that the Federal share of the cost of 

14 activities carried out under this subsection shall be 

15 100 percent and such funds shall remain available 

16 until expended.

17 SEC. 1120. HYDROGEN INFRASTRUCTURE DEPLOYMENT 

18 PILOT PROGRAM. 

19 (a) IN GENERAL.—The Secretary is authorized to 

20 make grants to, and enter into cooperative agreements 

21 and other transactions with, Federal and other public 

22 agencies (including State and local governments), private 

23 organizations, and other persons for the demonstration 

24 and testing of hydrogen transportation and refueling in-
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1 frastructure necessary to support the use of next genera2 tion highway vehicle technologies. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated from the Highway Trust 

5 Fund (other than the Mass Transit Account) to carry out 

6 this section $5,000,000 for fiscal year 2004, $5,000,000 

7 for fiscal year 2005, $5,000,000 for fiscal year 2006, 

8 $10,000,000 for fiscal year 2007, $10,000,000 for fiscal 

9 year 2008, and $10,000,000 for fiscal year 2009. 

10 (c) APPLICABILITY OF TITLE 23, UNITED STATES

11 CODE.—Funds authorized to be appropriated by this sec12 tion shall be available for obligation in the same manner 

13 as if such funds were apportioned under chapter 1 of title 

14 23, United States Code; except that the Federal share of 

15 the cost of a project or activity carried out under this sec16 tion shall be 80 percent and such funds shall remain avail17 able until expended. 

18 SEC. 1121. ADJUSTMENTS FOR THE SURFACE TRANSPOR19 TATION EXTENSION ACT OF 2003. 

20 [To be supplied.] 

21 Subtitle B—Congestion Relief 

22 SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. 

23 (a) IN GENERAL.—Title 23, United States Code, is 

24 amended by inserting after section 138 the following: 
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1 ‘‘§ 139. Motor vehicle congestion relief 

2 ‘‘(a) IN GENERAL.—Each State that has an urban3 ized area with an urbanized area population of over 

4 200,000 individuals shall obligate in each of fiscal years 

5 2004 through 2009 a portion of the State’s apportion6 ments under section 104(b) in such fiscal year, as cal7 culated under subsection (b), for congestion relief activi8 ties in such urbanized areas in accordance with this sec9 tion. 

10 ‘‘(b) CALCULATION OF AMOUNT.—The portion of a 

11 State’s apportionments for a fiscal year to be obligated 

12 for congestion relief activities under subsection (a) shall 

13 be determined by multiplying—

14 ‘‘(1) the total of amounts apportioned to the 

15 State under each of paragraphs (1), (2), (3), and (4) 

16 of section 104(b) in such fiscal year; by 

17 ‘‘(2) 10 percent; by 

18 ‘‘(3) the percentage of the State’s population 

19 residing in urbanized areas of the State with an ur20 banized area population of over 200,000 individuals. 

21 ‘‘(c) ALLOCATION BETWEEN UNDER ONE AND

22 UNDER THREE CONGESTION RELIEF ACTIVITIES.—Of 

23 the total amount of a State’s apportionments to be obli24 gated for congestion relief activities for a fiscal year as 

25 calculated under subsection (b)—
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1 ‘‘(1) 40 percent shall be obligated for under one 

2 congestion relief activities; 

3 ‘‘(2) 35 percent shall be obligated for under 

4 three congestion relief activities; and 

5 ‘‘(3) 25 percent shall be obligated at the discre6 tion of the State department of transportation for 1 

7 or more of the following: 

8 ‘‘(A) Under one congestion relief activities. 

9 ‘‘(B) Under three congestion relief activi10 ties. 

11 ‘‘(C) Capital costs for transit projects that 

12 are eligible for assistance under chapter 53 of 

13 title 49. 

14 ‘‘(D) Demand relief projects and activities 

15 that shift demand to non-peak hours or to other 

16 modes of transportation or that reduce the 

17 overall level of demand for roads through such 

18 means as telecommuting, ridesharing, alter19 native work hour programs, and value pricing. 

20 ‘‘(d) OBLIGATION OF AMOUNTS.—In complying with 

21 the requirements of this section, the amounts obligated by 

22 a State for congestion relief activities under subsection (a) 

23 shall be allocated among the individual programs for 

24 which funds are apportioned under sections 104(b)(1), 

25 104(b)(2), 104(b)(3), and 104(b)(4). 
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1 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing in this section shall be construed as altering or 

3 otherwise affecting the applicability of the requirements 

4 of this chapter (including requirements relating to the eli5 gibility of a project for assistance under the program, the 

6 location of the project, and the Federal-share payable on 

7 account of the project) to amounts apportioned to a State 

8 for a program under section 104(b) that are obligated by 

9 the State for congestion relief activities under subsection 

10 (a). 

11 ‘‘(f) JOINT RESPONSIBILITY.—Each State, each af12 fected metropolitan planning organization, and the Sec13 retary shall jointly ensure compliance with this section. 

14 ‘‘(g) TRANSFERS.—

15 ‘‘(1) IN GENERAL.—A State may transfer a 

16 portion of the amount that the State must obligate 

17 for under one congestion relief activities in a fiscal 

18 year under this section to the amount the State 

19 must obligate for under three congestion relief ac20 tivities under this section if the State certifies to the 

21 Secretary that there are no under one congestion re22 lief activities for which such portion can be obligated 

23 in such fiscal year and the Secretary does not dis24 approve such transfer within 30 days after the date 

25 of such certification. 
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1 ‘‘(2) LIMITATION.—The amount that a State 

2 may transfer in a fiscal year under this subsection 

3 may not reduce the amount the State must obligate 

4 for under one congestion relief activities to less than 

5 10 percent of the total amount of the State’s appor6 tionments to be obligated for congestion relief activi7 ties for such fiscal year as calculated under sub8 section (b). 

9 ‘‘(3) TREATMENT.—Amounts transferred by a 

10 State under this subsection for a fiscal year shall be 

11 included in the amount of the State’s apportion12 ments allocated for under three congestion relief ac13 tivities for such fiscal year under subsection (c)(2). 

14 ‘‘(h) DEFINITIONS.—In this section, the following 

15 definitions apply: 

16 ‘‘(1) CONGESTION RELIEF ACTIVITIES.—

17 ‘‘(A) IN GENERAL.—The term ‘congestion 

18 relief activity’ means any activity, project, or 

19 program that has as its primary purpose, as de20 termined by the State transportation depart21 ment, the relief of motor vehicle congestion. 

22 ‘‘(B) INCLUSIONS.—Such term includes 

23 the following: 

24 ‘‘(i) Relief of motor vehicle congestion 

25 through additional capacity, construction 
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1 of additional lanes, improvements to inter2 changes, improved access to major termi3 nals, construction of parallel roads, con4 struction of truck only lanes, and major 

5 arterial improvements. 

6 ‘‘(ii) Transportation systemwide oper7 ational improvements targeted at increas8 ing motor vehicle travel reliability through 

9 such means as incident management pro10 grams, traffic monitoring and surveillance, 

11 and traveler information initiatives. 

12 ‘‘(iii) Maximizing efficient use of ex13 isting motor vehicle travel capacity through 

14 such means as reversible lanes, coordinated 

15 traffic signalization, and managed lanes or 

16 other lane management strategies. 

17 ‘‘(C) EXCLUSIONS.—Such term does not 

18 include demand relief projects and activities 

19 that shift demand to non-peak hours or to other 

20 modes of transportation or that reduce the 

21 overall level of demand for roads through such 

22 means as telecommuting, ridesharing, alter23 native work hour programs, and value pricing. 
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1 ‘‘(2) UNDER ONE CONGESTION RELIEF ACTIVI2 TIES.—The term ‘under one congestion relief activ3 ity’ means a congestion relief activity that—

4 ‘‘(A) will be completed within one year 

5 after the date of commencement of onsite im6 provements; 

7 ‘‘(B) has a total projected cost of less than 

8 $1,000,000; and 

9 ‘‘(C) will improve conditions in the applica10 ble area and is an element of the congestion 

11 management system. 

12 ‘‘(3) UNDER THREE CONGESTION RELIEF AC13 TIVITIES.—The term ‘under three congestion relief 

14 activities’ means congestion relief activities that—

15 ‘‘(A) will be completed within 3 years after 

16 the date of commencement of onsite improve17 ments; and 

18 ‘‘(B) will improve conditions in the applica19 ble area and is an element of the congestion 

20 management system.’’. 

21 (b) CONFORMING AMENDMENT.—The analysis for 

22 chapter I of such title is amended by inserting after the 

23 item relating to section 138 the following:

‘‘139. Motor vehicle congestion relief.’’.

24 (c) MOTOR VEHICLE DEFINED.—Title 23, United 

25 States Code, is amended—
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1 (1) in section 154(a)(2), relating to the defini2 tion of motor vehicle, by inserting ‘‘streets, roads, 

3 and’’ before ‘‘highways’’; 

4 (2) by redesignating paragraph (2) of section 

5 154(a) as paragraph (38); 

6 (3) by moving such redesignated paragraph 

7 from section 154(a) to the end of section 101(a); 

8 (4) by redesignating paragraphs (3) and (4) of 

9 section 154(a) as paragraphs (2) and (3), respec10 tively; 

11 (5) in section 153(i)—

12 (A) by striking paragraph (2); and 

13 (B) by redesignating paragraphs (3) and 

14 (4) as paragraphs (2) and (3), respectively; 

15 (6) in section 164(a)(4) by striking ‘‘means’’ 

16 and all that follows through ‘‘rail line or’’ and in17 serting ‘‘does not include’’; and 

18 (7) in section 405(f)—

19 (A) by striking paragraph (2); and 

20 (B) by redesignating paragraphs (3), (4), 

21 (5), and (6) as paragraphs (2), (3), (4), and 

22 (5).

23 SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND 

24 OPERATIONS. 

25 (a) DEFINITIONS.—
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1 (1) OPERATING COSTS FOR TRAFFIC MONI2 TORING, MANAGEMENT, AND CONTROL.—Section 

3 101(a)(17) of title 23, United States Code, is 

4 amended by inserting ‘‘transportation systems man5 agement and operations and’’ after ‘‘associated 

6 with’’. 

7 (2) OPERATIONAL IMPROVEMENT.—Section 

8 101(a)(18)(A)(i) of such title is amended—

9 (A) by inserting ‘‘transportation systems 

10 management and operations, including’’ after 

11 ‘‘for’’; and 

12 (B) by inserting ‘‘equipment and programs 

13 for transportation response to natural disas14 ters,’’ after ‘‘incident management programs,’’. 

15 (4) TRANSPORTATION SYSTEMS MANAGEMENT

16 AND OPERATIONS.—Section 101(a) of such title is 

17 further amended by adding at the end the following: 

18 ‘‘(39) TRANSPORTATION SYSTEMS MANAGE19 MENT AND OPERATIONS.—

20 ‘‘(A) IN GENERAL.—The term ‘transpor21 tation systems management and operations’ 

22 means an integrated program to optimize the 

23 performance of existing infrastructure through 

24 the implementation of multimodal and inter25 modal, cross-jurisdictional systems, services, 
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1 and projects designed to preserve capacity and 

2 improve the security, safety, and reliability of 

3 Federal-aid highways. 

4 ‘‘(B) INCLUDED ACTIVITIES AND IMPROVE5 MENTS.—The term includes regional operations 

6 collaboration and coordination activities be7 tween transportation and public safety agencies 

8 and improvements such as traffic detection and 

9 surveillance, arterial management, freeway 

10 management, demand management, work zone 

11 management, emergency management, elec12 tronic toll collection, automated enforcement, 

13 traffic operations measures to improve capacity, 

14 traffic signal coordination, optimization of traf15 fic signal timing, traffic incident management, 

16 roadway weather management, traveler infor17 mation services, commercial vehicle operations, 

18 traffic control, freight management, and coordi19 nation of highway, rail, transit, bicycle, and pe20 destrian operations.’’. 

21 (b) CONGESTION MITIGATION AND AIR QUALITY IM22 PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) 

23 of such title is amended by inserting ‘‘improve transpor24 tation systems management and operations,’’ after ‘‘inter25 sections,’’
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1 (c) SURFACE TRANSPORTATION PROGRAM ELIGI2 BILITY.—Section 133(b) of such title is amended by add3 ing at the end the following: 

4 ‘‘(15) Regional transportation operations col5 laboration and coordination activities that are asso6 ciated with regional improvements, including activi7 ties for traffic incident management, technology de8 ployment, emergency management and response, 

9 traveler information, and regional congestion re10 lief.’’. 

11 (d) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—

12 Section 103(b)(6) of such title is amended by adding at 

13 the end the following: 

14 ‘‘(Q) Capital, operating, and systems main15 tenance costs for transportation systems man16 agement and operations.’’. 

17 (e) TRANSPORTATION SYSTEMS MANAGEMENT AND

18 OPERATIONS.—Subchapter I of chapter 1 of such title is 

19 further amended by adding at the end the following: 

20 ‘‘§ 166. Transportation systems management and op21 erations 

22 ‘‘(a) AUTHORITY.—The Secretary may—

23 ‘‘(1) encourage transportation system man24 agers, operators, public safety officials, and trans25 portation planners within an urbanized area, who 
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1 are actively engaged in and responsible for con2 ducting activities relating to day-to-day manage3 ment, operations, public safety, and planning of 

4 transportation facilities and services, to collaborate 

5 and coordinate on a regional level in a continuous 

6 and sustained manner for improved transportation 

7 systems management and operations, including, at a 

8 minimum— 

9 ‘‘(A) developing a regional concept of oper10 ations that defines a regional strategy shared 

11 by all transportation and public safety partici12 pants for how the region’s systems should be 

13 managed, operated, and measured; 

14 ‘‘(B) sharing of information among opera15 tors, service providers, public safety officials, 

16 and the general public; and 

17 ‘‘(C) guiding, in a regionally-coordinated 

18 manner, the implementation of regional trans19 portation system management and operations 

20 initiatives, including emergency evacuation and 

21 response, traffic incident management, tech22 nology deployment, and traveler information 

23 systems delivery, in a manner consistent with 

24 and integrated into the ongoing metropolitan 

25 and statewide transportation planning processes 
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1 and regional intelligent transportation system 

2 architecture, if required; and 

3 ‘‘(2) encourage States to establish a system of 

4 basic real-time monitoring capability for the surface 

5 transportation system and provide the capability and 

6 means to share that data among agencies (including 

7 highway, transit, and public safety agencies), juris8 dictions (including States, cities, counties, and areas 

9 represented by metropolitan planning organizations), 

10 private-sector entities, and the traveling public. 

11 ‘‘(b) EXECUTION.—To support the successful execu12 tion of transportation systems management and oper13 ations activities, the Secretary may undertake the fol14 lowing activities: 

15 ‘‘(1) Assist and cooperate with other Federal 

16 departments and agencies, State and local govern17 ments, metropolitan planning organizations, private 

18 industry representatives, and other interested parties 

19 to improve regional collaboration and real-time infor20 mation sharing between transportation system man21 agers and operators, public safety officials, emer22 gency managers, and the general public to increase 

23 the security, safety, and reliability of Federal-aid 

24 highways. 
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1 ‘‘(2) Issue, if necessary, new guidance or regu2 lations for the procurement of transportation system 

3 management and operations facilities, equipment, 

4 and services, including equipment procured in prepa5 ration for natural disasters and emergencies, system 

6 hardware, software, and software integration serv7 ices.’’. 

8 (e) CONFORMING AMENDMENT.—The analysis for 

9 such chapter is further amended by adding at the end the 

10 following:

‘‘166. Transportation systems management and operations.’’.

11 (f) COMMISSION ON INTELLIGENT TRANSPORTATION

12 SYSTEM PROCUREMENT POLICY.—

13 (1) ESTABLISHMENT.—There is established a 

14 Commission on Intelligent Transportation System 

15 Procurement Policy. 

16 (2) DUTIES.—

17 (A) IN GENERAL.—The Commission 

18 shall—

19 (i) conduct a study of the current 

20 policies and practices for the procurement 

21 of intelligent transportation system facili22 ties, equipment, and services; and 

23 (ii) develop a conceptual plan with al24 ternative approaches for expediting and 
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1 streamlining such procurements at the 

2 State level. 

3 (B) RECOMMENDATIONS.—Based on the 

4 study under subparagraph (A), the Commission 

5 shall make recommendations in its report under 

6 paragraph (7) regarding procurement stand7 ards, including recommendations regarding any 

8 changes in Federal and State statutes, regula9 tions, and policies necessary to ensure that na10 tional interests are served in meeting future in11 telligent transportation system needs. 

12 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

13 The study under paragraph (2) shall specifically ad14 dress the following: 

15 (A) CURRENT CONDITION.—The current 

16 practices and policies relating to procurement of 

17 intelligent transportation system facilities, 

18 equipment, and services, including equipment 

19 procured in preparation for natural disasters 

20 and emergencies, system hardware, software, 

21 and software integration services. 

22 (B) ASSESSMENT OF NEED FOR POLICY

23 REFORM.—The ability of current practices and 

24 policies to achieve the successful implementa25 tion of intelligent transportation system goals 
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1 and the need for national policy reform to expe2 dite and streamline procurements necessary to 

3 meet such goals. 

4 (C) ALTERNATIVES.—The range of legisla5 tive, regulatory, and policy alternatives to ad6 dress identified needs and goals, including fund7 ing needs. 

8 (D) RECOMMENDATIONS.—Recommenda9 tions regarding procurement standards, includ10 ing recommendations regarding any changes in 

11 Federal and State statutes, regulations, and 

12 policies necessary for expedited and streamlined 

13 procurements. 

14 (4) MEMBERSHIP.— 

15 (A) APPOINTMENTS.—[Reserved.] 

16 (B) TERMS.—Members shall be appointed 

17 for the life of the Commission. 

18 (C) VACANCIES.—A vacancy in the Com19 mission shall be filled in the manner in which 

20 the original appointment was made. 

21 (D) TRAVEL EXPENSES.—Members shall 

22 serve without pay but shall receive travel ex23 penses, including per diem in lieu of subsist24 ence, in accordance with sections 5702 and 

25 5703 of title 5, United States Code. 
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1 (5) STAFF.—

2 (A) IN GENERAL.—The Commission may 

3 engage the services of an appropriate organiza4 tion, agency, or firm to conduct the study under 

5 paragraph (2), but the Commission shall pro6 vide strategic guidance for the study. 

7 (B) DETAIL STAFF.—Upon request of the 

8 Commission, the Secretary may detail, on a re9 imbursable basis, any of the personnel of the 

10 Department of Transportation to the Commis11 sion to assist the Commission in carrying out 

12 its duties under this subsection. 

13 (C) COOPERATION.—The Secretary shall 

14 cooperate with the Commission in the study, in15 cluding providing the Commission with such 

16 nonconfidential data and information as nec17 essary for conducting and completing the study. 

18 (6) ADMINISTRATIVE SUPPORT SERVICES.—

19 Upon the request of the Commission, the Secretary 

20 shall provide to the Commission, on a reimbursable 

21 basis, the administrative support and services nec22 essary for the Commission to carry out its respon23 sibilities under this subsection. 

24 (7) REPORT AND RECOMMENDATIONS.—Not 

25 later than September 30, 2005, the Commission 
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1 shall transmit to the appropriate committees of Con2 gress a final report regarding the results of the 

3 study under paragraph (2) and recommendations to 

4 address the needs identified in such study. 

5 (8) TERMINATION.—The Commission shall ter6 minate on the 180th day after the date of trans7 mittal of the report under paragraph (7). All records 

8 and papers of the Commission shall thereupon be de9 livered to the Administrator of General Services for 

10 deposit in the National Archives. 

11 (9) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated from the 

13 Highway Trust Fund (other than the Mass Transit 

14 Account) $1,000,000 in fiscal year 2004 to carry out 

15 this subsection. 

16 (10) APPLICABILITY OF TITLE 23.—Funds 

17 made available to carry out this subsection shall be 

18 available for obligation in the same manner as if 

19 such funds were apportioned under chapter 1 of title 

20 23, United States Code; except that the Federal 

21 share of the cost of the study under paragraph (2) 

22 and other costs of the Commission under this sub23 section shall be 100 percent and such funds shall re24 main available until expended. 
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1 SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMA2 TION PROGRAM. 

3 (a) ESTABLISHMENT.—

4 (1) IN GENERAL.—The Secretary shall establish 

5 a real-time system management information pro6 gram to provide, in all States, the capability to mon7 itor, in real-time, the traffic and travel conditions of 

8 the Nation’s major highways and to share that in9 formation to improve the security of the surface 

10 transportation system, to address congestion prob11 lems, to support improved response to weather 

12 events and surface transportation incidents, and to 

13 facilitate national and regional highway traveler in14 formation. 

15 (2) PURPOSES.—The purposes of the real-time 

16 system management information program are to—

17 (A) establish, in all States, a system of 

18 basic real-time information for managing and 

19 operating the surface transportation system; 

20 (B) identify longer range real-time high21 way and transit monitoring needs and develop 

22 plans and strategies for meeting such needs; 

23 and 

24 (C) provide the capability and means to 

25 share that data with State and local govern26 ments and the traveling public. 
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1 (b) NATIONAL STEERING COMMITTEE.—

2 (1) IN GENERAL.—The Secretary shall establish 

3 a national steering committee to assist in the devel4 opment of data exchange formats under subsection 

5 (c). 

6 (2) REPRESENTATIVES.—The national steering 

7 committee shall consist of representatives of State 

8 transportation departments, metropolitan planning 

9 organizations, local governments, nonprofit entities, 

10 the private sector, and academia. 

11 (3) PURPOSE.—The purpose of the national 

12 steering committee shall be to provide guidance re13 garding the content and uniformity of data exchange 

14 formats. 

15 (c) DATA EXCHANGE FORMATS.—Not later than 2 

16 years after the date of enactment of this Act, the Sec17 retary shall establish data exchange formats based on rec18 ommendations of the steering committee established under 

19 subsection (b) to ensure that the data provided by highway 

20 and transit monitoring systems, including statewide inci21 dent reporting systems, can readily be exchanged across 

22 jurisdictional boundaries, facilitating nationwide avail23 ability of information. 

24 (d) REGIONAL INTELLIGENT TRANSPORTATION SYS25 TEM ARCHITECTURE.—
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1 (1) ADDRESSING INFORMATION NEEDS.—As 

2 State and local governments develop or update re3 gional intelligent transportation system architec4 tures, described in section 940.9 of title 23, Code of 

5 Federal Regulations, such governments shall explic6 itly address real-time highway and transit informa7 tion needs and the systems needed to meet such 

8 needs, including addressing coverage, monitoring 

9 systems, data fusion and archiving, and methods of 

10 exchanging or sharing highway and transit informa11 tion. 

12 (2) DATA EXCHANGE.—States shall incorporate 

13 the data exchange formats established by the Sec14 retary under subsection (c) to ensure that the data 

15 provided by highway and transit monitoring systems 

16 may readily be exchanged with State and local gov17 ernments and the traveling public. 

18 (e) ELIGIBILITY.—Subject to project approval by the 

19 Secretary, a State may obligate funds apportioned to the 

20 State under sections 104(b)(1), 104(b)(2), and 104(b)(3) 

21 of title 23, United States Code, for activities related to 

22 the planning and deployment of real-time monitoring ele23 ments that advance the goals and purposes described in 

24 subsection (a). 
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1 (f) LIMITATION ON STATUTORY CONSTRUCTION.—

2 Nothing in this section shall be construed as altering or 

3 otherwise affecting the applicability of the requirements 

4 of chapter 1 of title 23, United States Code (including 

5 requirements relating to the eligibility of a project for as6 sistance under the program, the location of the project, 

7 and the Federal-share payable on account of the project), 

8 to amounts apportioned to a State for a program under 

9 section 104(b) that are obligated by the State for activities 

10 and projects under this section. 

11 (g) STATEWIDE INCIDENT REPORTING SYSTEM DE12 FINED.—In this section, the term ‘‘statewide incident re13 porting system’’ means a statewide system for facilitating 

14 the real-time electronic reporting of surface transportation 

15 incidents to a central location for use in monitoring the 

16 event, providing accurate traveler information, and re17 sponding to the incident as appropriate. 

18 SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPOR19 TATION SYSTEMS DEPLOYMENT PROGRAM. 

20 (a) ESTABLISHMENT.—The Secretary shall establish 

21 a comprehensive program to accelerate the integration, 

22 interoperability, and deployment of intelligent transpor23 tation systems in order to improve the performance of the 

24 surface transportation system in metropolitan and rural 

25 areas. 
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1 (b) SELECTION OF MODEL PROJECTS.—Under the 

2 program, the Secretary may make grants, through com3 petitive solicitation, for projects that will serve as models 

4 to improve transportation efficiency, promote surface 

5 transportation safety (including safe freight movement), 

6 increase traffic flow (including the flow of intermodal trav7 el at ports of entry), reduce emissions of air pollutants, 

8 improve traveler information, enhance alternative trans9 portation modes, build on existing intelligent transpor10 tation system projects, and promote tourism. 

11 (c) OTHER PROJECTS, PROGRAMS, AND ACTIVI12 TIES.—Under the program, the Secretary may make 

13 grants for projects, programss and activities in metropoli14 tan and rural areas that—

15 (1) contribute to national deployment goals and 

16 objectives outlined in the national intelligent trans17 portation system program plan; 

18 (2) promote cooperation among agencies, juris19 dictions, and the private sector, as evidenced by 

20 signed memoranda of understanding that clearly de21 fine the responsibilities and relations of all parties to 

22 a partnership arrangement, including institutional 

23 relationships and financial agreements needed to 

24 support deployment of intelligent transportation sys25 tems; 
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1 (3) encourage private sector involvement and fi2 nancial commitment to such deployment to the max3 imum extent practicable through innovative financial 

4 arrangements, especially public-private partnerships, 

5 including arrangements that generate revenue to off6 set public investment costs; 

7 (4) enhance fully integrated intelligent trans8 portation system deployment; 

9 (5) create technical capacity for effective oper10 ations and maintenance of such systems; 

11 (6) improve safety, mobility, geographic and re12 gional diversity, and economic development in de13 ployment of such systems; 

14 (7) advance deployment of the 511 traveler in15 formation program; and 

16 (8) advance deployment of other national sys17 tems, including a statewide incident reporting sys18 tem, wireless e-911 system, and road weather infor19 mation system. 

20 (d) APPLICABILITY OF TITLE 23, UNITED STATES

21 CODE.—Funds authorized to be appropriated under sec22 tion 1101(a)(16) of this Act shall be available for obliga23 tion to carry out subsection (c)(7) in the same manner 

24 and to the same extent as if such funds were apportioned 

25 under chapter 1 of title 23, United States Code; except 
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1 that the Federal share of the cost of projects carried out 

2 under subsection (c)(7) shall be 80 percent and such funds 

3 shall remain available until expended. 

4 SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DE5 PLOYMENT. 

6 (a) PURPOSE.—The purpose of this section is to en7 sure that a minimum of $3,000,000,000 of the amounts 

8 authorized to be appropriated for the National Highway 

9 System, Interstate maintenance, surface transportation, 

10 and congestion mitigation and air quality improvement 

11 programs for fiscal years 2004 through 2009 is utilized 

12 to expand deployment of intelligent transportation sys13 tems. 

14 (b) IN GENERAL.—Chapter 1 of title 23, United 

15 States Code, is amended by inserting after section 149 the 

16 following: 

17 ‘‘§ 150. Deployment of intelligent transportation sys18 tems 

19 ‘‘(a) IN GENERAL.—In each of fiscal years 2004 

20 through 2009, each State shall obligate a portion of the 

21 funds apportioned to the State under sections 104(b)(1), 

22 104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year, 

23 calculated under subsection (b), for projects described in 

24 subsection (c) that support deployment of intelligent 

25 transportation systems in the State. 
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1 ‘‘(b) CALCULATION OF AMOUNT.—The portion of a 

2 State’s apportionments to be obligated under subsection 

3 (a) for projects described in subsection (c) in a fiscal year 

4 shall be determined by multiplying $500,000,000 by the 

5 ratio that—

6 ‘‘(1) the aggregate of amounts apportioned to 

7 the State for such fiscal year under sections 

8 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); 

9 bears to 

10 ‘‘(2) the aggregate of amounts apportioned to 

11 all States for such fiscal year under such sections. 

12 ‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DE13 PLOYMENT PROJECTS.—Projects for which funds must be 

14 obligated under this section include the following: 

15 ‘‘(1) PERFORMANCE.—Establishment and im16 plementation of operations systems and services that 

17 improve performance in the areas of traffic oper18 ations, emergency response to surface transportation 

19 incidents, surface transportation incident manage20 ment, weather event response management by State 

21 and local authorities, surface transportation network 

22 and facility management, construction and work 

23 zone management, and traffic flow information. 

24 ‘‘(2) NETWORKS.—Conducting activities that 

25 support the creation of networks that link metropoli-
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1 tan and rural surface transportation systems into an 

2 integrated data network, capable of collecting, shar3 ing, and archiving transportation system traffic con4 dition and performance information. 

5 ‘‘(3) SAFETY.—Implementation of intelligent 

6 transportation system technologies that improve 

7 highway safety through linkages connecting the vehi8 cle, the infrastructure, and information to the driver. 

9 ‘‘(4) OPERATION AND MANAGEMENT.—Provi10 sion of services necessary to ensure the efficient op11 eration and management of intelligent transpor12 tation systems infrastructure, including costs associ13 ated with communications, utilities, rent, hardware, 

14 software, labor, administrative costs, training, and 

15 technical services. 

16 ‘‘(5) INTERAGENCY SUPPORT.—Provision of 

17 support for institutional relationships between trans18 portation agencies, police, emergency medical serv19 ices, private emergency operators, freight operators, 

20 and shippers. 

21 ‘‘(6) PLANNING.—Conducting cross-jurisdic22 tional planning and deployment of regional transpor23 tation systems operations and management ap24 proaches. 
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1 ‘‘(d) OBLIGATION OF AMOUNTS.—In complying with 

2 the requirements of this section, the amounts obligated by 

3 a State for projects under subsection (c) that support de4 ployment of intelligent transportation systems in such 

5 State under subsection (a) shall be allocated among the 

6 individual programs for which funds are apportioned 

7 under sections 104(b)(1), 104(b)(2), 104(b)(3), and 

8 104(b)(4). 

9 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

10 Nothing in this section shall be construed as altering or 

11 otherwise affecting the applicability of the requirements 

12 of this chapter (including requirements relating to the eli13 gibility of a project for assistance under the program, the 

14 location of the project, and the Federal-share payable on 

15 account of the project) to amounts apportioned to a State 

16 for a program under section 104(b) that are obligated by 

17 the State for projects under this section. 

18 ‘‘(f) JOINT RESPONSIBILITY.—Each State, each af19 fected metropolitan planning organization, and the Sec20 retary shall jointly ensure compliance with this section.’’. 

21 (c) CONFORMING AMENDMENT.—The analysis for 

22 such chapter is amended by inserting after the item relat23 ing to section 149 the following:

‘‘150. Deployment of intelligent transportation systems.’’.
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1 SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT 

2 SUPPORT DEPLOYMENT OF INTELLIGENT 

3 TRANSPORTATION SYSTEMS. 

4 [Reserved.] 

5 SEC. 1207. ASSUMPTION OF RESPONSIBILITY FOR CERTAIN 

6 PROGRAMS AND PROJECTS. 

7 [Reserved.] 

8 SEC. 1208. HOV LANES. 

9 [Reserved.] 

10 SEC. 1209. CONGESTION PRICING PILOT PROGRAM. 

11 [Reserved.] 

12 Subtitle C—Mobility and Efficiency 

13 SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IM14 PROVEMENT PROGRAM. 

15 [Reserved.]

16 SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PRO17 GRAM. 

18 (a) GENERAL AUTHORITY.—The Secretary shall im19 plement a coordinated border infrastructure program 

20 under which the Secretary shall distribute funds to border 

21 States to improve the safe movement of motor vehicles at 

22 or across the border between the United States and Can23 ada and the border between the United States and Mexico. 

24 (b) ELIGIBLE USES.—A State may use funds appor25 tioned under this section only for—
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1 (1) improvements in a border region to existing 

2 transportation and supporting infrastructure that fa3 cilitate cross-border motor vehicle and cargo move4 ments; 

5 (2) construction of highways and related safety 

6 and safety enforcement facilities in a border region 

7 that facilitate motor vehicle and cargo movements 

8 related to international trade; 

9 (3) operational improvements in a border re10 gion, including improvements relating to electronic 

11 data interchange and use of telecommunications, to 

12 expedite cross border motor vehicle and cargo move13 ment; 

14 (4) modifications to regulatory procedures to 

15 expedite safe and efficient cross border motor vehicle 

16 and cargo movements; and 

17 (5) international coordination of transportation 

18 planning, programming, and border operation with 

19 Canada and Mexico relating to expediting cross bor20 der motor vehicle and cargo movements. 

21 (c) APPORTIONMENT OF FUNDS.—On October 1 of 

22 each fiscal year, the Secretary shall apportion among bor23 der States sums authorized to be appropriated to carry 

24 out this section for such fiscal year as follows: 

25 (1) 20 percent in the ratio that—
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1 (A) the total number of incoming commer2 cial trucks that pass through the land border 

3 ports of entry within the boundaries of a border 

4 State, as determined by the Secretary; bears to 

5 (B) the total number of incoming commer6 cial trucks that pass through such ports of 

7 entry within the boundaries of all the border 

8 States, as determined by the Secretary. 

9 (2) 30 percent in the ratio that—

10 (A) the total number of incoming personal 

11 motor vehicles and incoming buses that pass 

12 through land border ports of entry within the 

13 boundaries of a border State, as determined by 

14 the Secretary; bears to 

15 (B) the total number of incoming personal 

16 motor vehicles and incoming buses that pass 

17 through such ports of entry within the bound18 aries of all the border States, as determined by 

19 the Secretary. 

20 (3) 25 percent in the ratio that—

21 (A) the total weight of incoming cargo by 

22 commercial trucks that pass through land bor23 der ports of entry within the boundaries of a 

24 border State, as determined by the Secretary; 

25 bears to 
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1 (B) the total weight of incoming cargo by 

2 commercial trucks that pass through such ports 

3 of entry within the boundaries of all the border 

4 States, as determined by the Secretary. 

5 (4) 25 percent of the ratio that—

6 (A) the total number of land border ports 

7 of entry within the boundaries of a border 

8 State, as determined by the Secretary; bears to 

9 (B) the total number of land border ports 

10 of entry within the boundaries of all the border 

11 States, as determined by the Secretary. 

12 (d) APPLICABILITY OF TITLE 23.—Funds made 

13 available to carry out this section shall be available for 

14 obligation in the same manner as if such funds were ap15 portioned under chapter 1 of title 23, United States Code; 

16 except that such funds shall not be transferable and shall 

17 remain available until expended and the Federal share of 

18 the cost of a project under this section shall be 80 percent. 

19 (e) DEFINITIONS.—In this section, the following defi20 nitions apply: 

21 (1) BORDER REGION.—The term ‘‘border re22 gion’’ means any portion of a border State within 20 

23 miles of an international land border with Canada or 

24 Mexico. 
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1 (2) BORDER STATE.—The term ‘‘border State’’ 

2 means any State that has an international land bor3 der with Canada or Mexico. 

4 (3) COMMERCIAL TRUCK.—The term ‘‘commer5 cial truck’’ means a commercial motor vehicle as de6 fined in section 31301(4) (other than subparagraph 

7 (B)) of title 49, United States Code. 

8 (4) MOTOR VEHICLE.—The term ‘‘motor vehi9 cle’’ has the meaning such term has under section 

10 101(a) of title 23, United States Code. 

11 (5) STATE.—The term ‘‘State’’ has the mean12 ing such term has in section 101(a) of such title 23. 

13 SEC. 1303. FREIGHT INTERMODAL CONNECTORS. 

14 (a) IN GENERAL.—

15 (1) ESTABLISHMENT.—The Secretary shall es16 tablish a freight intermodal connector program to 

17 improve productivity and improve the efficiency of 

18 the transportation of freight, while mitigating con19 gestion in the area of freight intermodal connectors. 

20 (2) PURPOSES.—The purposes of the program 

21 shall be—

22 (A) to facilitate and support intermodal 

23 freight transportation initiatives at the State 

24 and local levels in order to improve freight 

25 intermodal connectors and mitigate the impact 
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1 of congestion in the area of such connectors; 

2 and 

3 (B) to provide capital funding to address 

4 infrastructure and freight operational needs at 

5 freight intermodal connectors. 

6 (b) STATE RESPONSIBILITIES.—Under the program, 

7 each State shall ensure that intermodal freight transpor8 tation and trade facilitation and are adequately addressed 

9 integrated into the project development process, including 

10 transportation planning, through final design and con11 struction of freight related transportation projects. 

12 (c) ELIGIBLE PROJECTS.—

13 (1) IN GENERAL.—Projects eligible for funding 

14 under this section may include the construction of 

15 and improvements to publicly owned freight inter16 modal connectors, the provision of access to such 

17 connectors, and operational improvements for such 

18 connectors (including capital investment for intel19 ligent transportation systems); except that a project 

20 located within the boundaries of an intermodal 

21 freight facility shall only include highway infrastruc22 ture modifications necessary to facilitate direct inter23 modal access between the connector and the facility. 

24 (2) SPECIAL RULE.—If a State that does not 

25 have any freight intermodal connectors within its 
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1 boundaries or has only freight intermodal connectors 

2 within its boundaries that are in good condition and 

3 provide an adequate level of service, projects within 

4 the boundaries of the State that are eligible for as5 sistance under section 103(b)(6) of title 23, United 

6 States Code, relating to the National Highway Sys7 tem, shall be eligible for funding under this section. 

8 (d) PRIORITY.—Under the program, a State shall 

9 give priority to projects on freight intermodal connectors 

10 to the National Highway System as identified according 

11 to the criteria set forth in the report of the Department 

12 of Transportation to Congress entitled ‘Pulling Together: 

13 The NHS and its Connections to Major Intermodal Termi14 nals’. 

15 (e) APPORTIONMENT.—On October 1 of each fiscal 

16 year, the Secretary shall apportion among the States sums 

17 made available to carry out this section for such fiscal year 

18 as follows: 

19 (1) 33.3 percent in the ratio that—

20 (A) the number of freight intermodal con21 nectors identified in the most recent Intermodal 

22 Freight Connectors study of the Federal High23 way Administration within the boundaries of a 

24 State; bears to 
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1 (B) the total number of such connectors 

2 within the boundaries of all the States. 

3 (2) 33.3 percent in the ratio that—

4 (A) the total of each State’s annual con5 tributions to the Highway Trust Fund (other 

6 than the Mass Transit Account) attributable to 

7 commercial motor vehicles; bears to 

8 (B) the total of such annual contributions 

9 by all States. 

10 (3) 33.4 percent in the same ratios as funds are 

11 apportioned for the National Highway System under 

12 clauses (i), (ii), (iii), and (iv) of section 104(b)(1)(A) 

13 of title 23, United States Code. 

14 (f) APPLICABILITY OF TITLE 23.—Funds made avail15 able to carry out this section shall be available for obliga16 tion in the same manner as if such funds were apportioned 

17 under chapter 1 of title 23, United States Code; except 

18 that such funds shall not be transferable and shall remain 

19 available until expended and the Federal share of the cost 

20 of a project under this section shall be 80 percent. 

21 (g) UPDATE REPORT.—Not later than August 1, 

22 2005, the Secretary shall publish an update to the report 

23 entitled ‘‘Pulling Together: the National Highway System 

24 and its Connections to Major Intermodal Terminals’’. 
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1 (h) DEFINITIONS.—In this section, the following defi2 nitions apply: 

3 (1) FREIGHT INTERMODAL CONNECTORS.—The 

4 term ‘‘freight intermodal connector’’ means the 

5 roadway that connects to an intermodal freight facil6 ity that carries or will carry intermodal traffic. 

7 (2) INTERMODAL FREIGHT FACILITY.—The 

8 term ‘‘intermodal freight facility’’ means a port, air9 port, truck-rail terminal, and pipeline-truck ter10 minal. 

11 (3) STATE.—The term ‘‘State’’ has the mean12 ing such term has in section 101(a) of title 23, 

13 United States Code.

14 SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIG15 NIFICANCE. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) Under current law, surface transportation 

18 programs rely primarily on formula capital appor19 tionments to States. 

20 (2) Despite the significant increase for surface 

21 transportation program funding in the Transpor22 tation Equity Act of the 21st Century, current levels 

23 of investment are insufficient to fund critical high24 cost transportation infrastructure facilities that ad-
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1 dress critical national economic and transportation 

2 needs. 

3 (3) Critical high-cost transportation infrastruc4 ture facilities often include multiple levels of govern5 ment, agencies, modes of transportation, and trans6 portation goals and planning processes that are not 

7 easily addressed or funded within existing surface 

8 transportation program categories. 

9 (4) Projects of national and regional signifi10 cance have national and regional benefits, including 

11 improving economic productivity by facilitating inter12 national trade, relieving congestion, and improving 

13 transportation safety by facilitating passenger and 

14 freight movement. 

15 (5) The benefits of such projects described in 

16 paragraph (4) accrue to local areas, States, and the 

17 Nation as a result of the effect such projects have 

18 on the national transportation system. 

19 (6) A program dedicated to constructing 

20 projects of national and regional significance is nec21 essary to improve the safe, secure, and efficient 

22 movement of people and goods throughout the 

23 United States and improve the health and welfare of 

24 the national economy. 
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1 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

2 shall establish a program to provide grants to qualified 

3 entities for projects of national and regional significance. 

4 (c) DEFINITIONS.—

5 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli6 gible project costs’’ means the costs of—

7 (A) development phase activities, including 

8 planning, feasibility analysis, revenue fore9 casting, environmental review, preliminary engi10 neering and design work, and other 

11 preconstruction activities; and 

12 (B) construction, reconstruction, rehabili13 tation, and acquisition of real property (includ14 ing land related to the project and improve15 ments to land), environmental mitigation, con16 struction contingencies, acquisition of equip17 ment, and operational improvements. 

18 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

19 project’’ means any surface transportation project 

20 eligible for Federal assistance under title 23, United 

21 States Code, including freight railroad projects and 

22 activities eligible under such title. 

23 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

24 entity’’ means a State as defined in section 101(a) 

25 of title 23, United States Code. 
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1 (d) ELIGIBILITY.—To be eligible for assistance under 

2 this section, a project shall have eligible project costs that 

3 are reasonably anticipated to equal or exceed the lesser 

4 of—

5 (A) $500,000,000; or 

6 (B) 75 percent of the amount of Federal 

7 highway assistance funds apportioned for the 

8 most recently completed fiscal year to the State 

9 in which the project is located. 

10 (e) APPLICATIONS.—Each qualified entity seeking to 

11 receive a grant under this section for an eligible project 

12 shall submit to the Secretary an application in such form 

13 and in accordance with such requirements as the Secretary 

14 shall establish. 

15 (f) COMPETITIVE GRANT SELECTION AND CRITERIA

16 FOR GRANTS.—

17 (1) IN GENERAL.—The Secretary shall—

18 (A) establish criteria for selecting among 

19 projects that meet the eligibility criteria speci20 fied in subsection (d); 

21 (B) conduct a national solicitation for ap22 plications; and 

23 (C) award grants on a competitive basis. 
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1 (2) CRITERIA FOR GRANTS.—The Secretary 

2 may approve a grant under this section for a project 

3 only if the Secretary determines that the project—

4 (A) is based on the results of preliminary 

5 engineering; 

6 (B) is justified based on the project’s abil7 ity—

8 (i) to generate national economic ben9 efits, including creating jobs, expanding 

10 business opportunities, and impacting the 

11 gross domestic product; 

12 (ii) to reduce congestion, including 

13 impacts in the State, region, and Nation; 

14 (iii) to improve transportation safety, 

15 including reducing transportation acci16 dents, injuries, and fatalities; 

17 (iv) to otherwise enhance the national 

18 transportation system; and 

19 (v) to garner support for non-Federal 

20 financial commitments and provide evi21 dence of stable and dependable financing 

22 sources to construct, maintain, and operate 

23 the infrastructure facility; and 

24 (C) is supported by an acceptable degree of 

25 non-Federal financial commitments, including 
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1 evidence of stable and dependable financing 

2 sources to construct, maintain, and operate the 

3 infrastructure facility. 

4 (3) SELECTION CONSIDERATIONS.—In selecting 

5 a project under this section, the Secretary shall con6 sider the extent to which the project—

7 (A) leverages Federal investment by en8 couraging non-Federal contributions to the 

9 project, including contributions from public-pri10 vate partnerships; 

11 (B) uses new technologies, including intel12 ligent transportation systems, that enhance the 

13 efficiency of the project. 

14 (C) helps maintain or protect the environ15 ment. 

16 (4) PRELIMINARY ENGINEERING.—In evalu17 ating a project under paragraph (2)(A), the Sec18 retary shall analyze and consider the results of pre19 liminary engineering for the project. 

20 (5) NON-FEDERAL FINANCIAL COMMITMENT.—

21 (A) EVALUATION OF PROJECT.—In evalu22 ating a project under paragraph (2)(C), the 

23 Secretary shall require that—

24 (i) the proposed project plan provides 

25 for the availability of contingency amounts 
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1 that the Secretary determines to be reason2 able to cover unanticipated cost increases; 

3 and 

4 (ii) each proposed non-Federal source 

5 of capital and operating financing is stable, 

6 reliable, and available within the proposed 

7 project timetable. 

8 (B) CONSIDERATIONS.—In assessing the 

9 stability, reliability, and availability of proposed 

10 sources of non-Federal financing under sub11 paragraph (A), the Secretary shall consider—

12 (i) existing financial commitments; 

13 (ii) the degree to which financing 

14 sources are dedicated to the purposes pro15 posed; 

16 (iii) any debt obligation that exists or 

17 is proposed by the recipient for the pro18 posed project; and 

19 (iv) the extent to which the project 

20 has a non-Federal financial commitment 

21 that exceeds the required non-Federal 

22 share of the cost of the project. 

23 (6) REGULATIONS.—Not later than 120 days 

24 after the date of enactment of this Act, the Sec25 retary shall issue regulations on the manner in 
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1 which the Secretary will evaluate and rate the 

2 projects based on the results of preliminary engi3 neering, project justification, and the degree of non4 Federal financial commitment, as required under 

5 this subsection. 

6 (7) PROJECT EVALUATION AND RATING.—A 

7 proposed project may advance from preliminary en8 gineering to final design and construction only if the 

9 Secretary finds that the project meets the require10 ments of this subsection and there is a reasonable 

11 likelihood that the project will continue to meet such 

12 requirements. In making such findings, the Sec13 retary shall evaluate and rate the project as ‘‘highly 

14 recommended’’, ‘‘recommended’’, or ‘‘not rec15 ommended’’ based on the results of preliminary engi16 neering, the project justification criteria, and the de17 gree of non-Federal financial commitment, as re18 quired under this subsection. In rating the projects, 

19 the Secretary shall provide, in addition to the overall 

20 project rating, individual ratings for each of the cri21 teria established under the regulations issued under 

22 paragraph (6). 

23 (g) LETTERS OF INTENT AND FULL FUNDING

24 GRANT AGREEMENTS.—

25 (1) LETTER OF INTENT.—
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1 (A) IN GENERAL.—The Secretary may 

2 issue a letter of intent to an applicant announc3 ing an intention to obligate, for a project under 

4 this section, an amount from future available 

5 budget authority specified in law that is not 

6 more than the amount stipulated as the finan7 cial participation of the Secretary in the 

8 project. 

9 (B) NOTIFICATION.—At least 60 days be10 fore issuing a letter under subparagraph (A) or 

11 entering into a full funding grant agreement, 

12 the Secretary shall notify in writing the Com13 mittee on Transportation and Infrastructure of 

14 the House of Representatives and the Com15 mittee on Environment and Public Works of the 

16 Senate of the proposed letter or agreement. The 

17 Secretary shall include with the notification a 

18 copy of the proposed letter or agreement as well 

19 as the evaluations and ratings for the project. 

20 (C) NOT AN OBLIGATION.—The issuance 

21 of a letter is deemed not to be an obligation 

22 under sections 1108(c) and (d), 1501, and 

23 1502(a) of title 31, United States Code, or an 

24 administrative commitment. 
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1 (D) OBLIGATION OR COMMITMENT.—An 

2 obligation or administrative commitment may 

3 be made only when contract authority is allo4 cated to a project. 

5 (2) FULL FUNDING GRANT AGREEMENT.—

6 (A) IN GENERAL.—A project financed 

7 under this subsection shall be carried out 

8 through a full funding grant agreement. The 

9 Secretary shall enter into a full funding grant 

10 agreement based on the evaluations and ratings 

11 required under subsection (f)(7). 

12 (B) TERMS.—If the Secretary makes a full 

13 funding grant agreement with an applicant, the 

14 agreement shall—

15 (i) establish the terms of participation 

16 by the United States Government in a 

17 project under this section; 

18 (ii) establish the maximum amount of 

19 Government financial assistance for the 

20 project; 

21 (iii) cover the period of time for com22 pleting the project, including a period ex23 tending beyond the period of an authoriza24 tion; and 
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1 (iv) make timely and efficient man2 agement of the project easier according to 

3 the laws of the United States. 

4 (C) AGREEMENT.—An agreement under 

5 this paragraph obligates an amount of available 

6 budget authority specified in law and may in7 clude a commitment, contingent on amounts to 

8 be specified in law in advance for commitments 

9 under this paragraph, to obligate an additional 

10 amount from future available budget authority 

11 specified in law. The agreement shall state that 

12 the contingent commitment is not an obligation 

13 of the Government. Interest and other financing 

14 costs of efficiently carrying out a part of the 

15 project within a reasonable time are a cost of 

16 carrying out the project under a full funding 

17 grant agreement, except that eligible costs may 

18 not be more than the cost of the most favorable 

19 financing terms reasonably available for the 

20 project at the time of borrowing. The applicant 

21 shall certify, in a way satisfactory to the Sec22 retary, that the applicant has shown reasonable 

23 diligence in seeking the most favorable financ24 ing terms. 
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1 (3) AMOUNTS.—The total estimated amount of 

2 future obligations of the Government and contingent 

3 commitments to incur obligations covered by all out4 standing letters of intent and full funding grant 

5 agreements may be not more than the greater of the 

6 amount authorized to carry out this section or an 

7 amount equivalent to the last 2 fiscal years of fund8 ing authorized to carry out this section less an 

9 amount the Secretary reasonably estimates is nec10 essary for grants under this section not covered by 

11 a letter. The total amount covered by new letters 

12 and contingent commitments included in full funding 

13 grant agreements may be not more than a limitation 

14 specified in law. 

15 (h) GRANT REQUIREMENTS.—

16 (1) IN GENERAL.—A grant for a project under 

17 this section shall be subject to all of the require18 ments of title 23, United States Code, and chapter 

19 52 of title 49, United States Code. 

20 (2) OTHER TERMS AND CONDITIONS.—The Sec21 retary shall require that all grants under this section 

22 be subject to all terms, conditions, and requirements 

23 that the Secretary decides are necessary or appro24 priate for purposes of this section, including require25 ments for the disposition of net increases in value of 
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1 real property resulting from the project assisted 

2 under this section. 

3 (i) GOVERNMENT’S SHARE OF PROJECT COST.—

4 Based on engineering studies, studies of economic feasi5 bility, and information on the expected use of equipment 

6 or facilities, the Secretary shall estimate the cost of a 

7 project receiving assistance under this section. A grant for 

8 the project is for 80 percent of the project cost, unless 

9 the grant recipient requests a lower grant percentage. A 

10 refund or reduction of the remainder may be made only 

11 if a refund of a proportional amount of the grant of the 

12 Government is made at the same time. 

13 (j) FISCAL CAPACITY CONSIDERATIONS.—If the Sec14 retary gives priority consideration to financing projects 

15 that include more than the non-Government share re16 quired under subsection (i) the Secretary shall give equal 

17 consideration to differences in the fiscal capacity of State 

18 and local governments. 

19 (k) REPORTS.—

20 (1) ANNUAL REPORT.—Not later than the first 

21 Monday in February of each year, the Secretary 

22 shall submit to the Committee on Transportation 

23 and Infrastructure of the House of Representatives 

24 and the Committee on Environment and Public 

25 Works of the Senate a report that includes a pro-
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1 posal on the allocation of amounts to be made avail2 able to finance grants under this section. 

3 (2) RECOMMENDATIONS ON FUNDING.—The 

4 annual report under this paragraph shall include 

5 evaluations and ratings, as required under sub6 section (f). The report shall also include rec7 ommendations of projects for funding based on the 

8 evaluations and ratings and on existing commit9 ments and anticipated funding levels for the next 3 

10 fiscal years and for the next 10 fiscal years based 

11 on information currently available to the Secretary. 

12 (l) APPLICABILITY OF TITLE 23.—Funds made avail13 able to carry out this section shall be available for obliga14 tion in the same manner as if such funds were apportioned 

15 under chapter 1 of title 23, United States Code; except 

16 that such funds shall not be transferable and shall remain 

17 available until expended and the Federal share of the cost 

18 of a project under this section shall be as provided in this 

19 section. 

20 SEC. 1305. DEDICATED TRUCK LANES. 

21 [Reserved.] 

22 SEC. 1306. TRUCK PARKING FACILITIES. 

23 [Reserved.] 
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1 Subtitle D—Highway Safety 

2 SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

3 (a) SAFETY IMPROVEMENT PROJECT DEFINED.—

4 Section 101(a)(30) of title 23, United States Code, is 

5 amended by inserting ‘‘installs fluorescent, yellow-green 

6 signs at pedestrian or bicycle crossings or school zones,’’ 

7 after ‘‘call boxes,’’. 

8 (b) OPERATION LIFESAVER.—Section 104(d)(1) of 

9 such title is amended—

10 (1) by striking ‘‘subsection (b)(3) of this sec11 tion’’ and inserting ‘‘section 130(f)’’; and 

12 (2) by striking ‘‘$500,000’’ and inserting 

13 ‘‘$600,000’’.

14 (c) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI15 NATION IN HIGH SPEED RAIL CORRIDORS.—Section 

16 104(d)(2) of such title is amended—

17 (1) in subparagraph (A)—

18 (A) by striking ‘‘subsection (b)(3)’’ and in19 serting ‘‘section 130(f)’’; and 

20 (B) by striking ‘‘$5,250,000 of the funds 

21 made available for the surface transportation 

22 program for the fiscal year’’ and inserting 

23 ‘‘from the funds made available for the surface 

24 transportation program $7,500,000 for fiscal 

25 year 2004, $10,000,000 for fiscal year 2005, 
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1 $12,500,000 for fiscal year 2006, $15,000,000 

2 for fiscal year 2007, $17,500,000 for fiscal year 

3 2008, and $20,000,000 for fiscal year 2009’’; 

4 and 

5 (2) in subparagraph (E)—

6 (A) by striking ‘‘Not less than $250,000 of 

7 such set-aside’’ and inserting ‘‘Of such set8 aside, not less than $875,000 for fiscal year 

9 2004, $1,500,000 for fiscal year 2005, 

10 $2,125,000 for fiscal year 2006, $2,750,000 for 

11 fiscal year 2007, $3,375,000 for fiscal year 

12 2008, and $4,000,000 for fiscal year 2009’’; 

13 and 

14 (B) by striking ‘‘per fiscal year’’. 

15 (d) RAILWAY-HIGHWAY CROSSINGS.—

16 (1) FUNDS FOR PROTECTIVE DEVICES.—Sec17 tion 130(e) of such title is amended by striking ‘‘At 

least 1 18 ⁄2’’ and inserting ‘‘For each fiscal year, at 

19 least $150,000,000’’. 

20 (2) APPORTIONMENT.—Section 130(f) of such 

21 title is amended to read as follows: 

22 ‘‘(f) APPORTIONMENT.—

23 ‘‘(1) FORMULA.—Fifty percent of the funds au24 thorized to be appropriated to carry out this section 

25 shall be apportioned to the States in accordance with 
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1 the formula set forth in section 104(b)(3)(A), and 

2 50 percent of such funds shall be apportioned to the 

3 States in the ratio that total public railway-highway 

4 crossings in each State bears to the total of such 

5 crossings in all States. 

6 ‘‘(2) MINIMUM APPORTIONMENT.—Notwith7 standing paragraph (1), each State shall receive a 

minimum of 1 8 ⁄2 of 1 percent of the funds appor9 tioned under paragraph (1). 

10 ‘‘(3) FEDERAL SHARE.—The Federal share 

11 payable on account of any project financed with 

12 funds authorized to be appropriated to carry out this 

13 section shall be 90 percent of the cost thereof.’’. 

14 (3) BIENNIAL REPORT TO CONGRESS.—The 

15 third sentence of section 130(g) of such title is 

16 amended by striking ‘‘not later than April 1 of each 

17 year,’’ and inserting ‘‘, not later than April 1, 2005, 

18 and every 2 years thereafter,’’. 

19 (4) EXPENDITURE OF FUNDS.—Section 130 of 

20 such title is further amended by adding at the end 

21 the following: 

22 ‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2 

23 percent of funds apportioned to a State to carry out this 

24 section may be used by the State for compilation and anal-
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1 ysis of data in support of activities carried out under sub2 section (g).’’. 

3 (e) SURFACE TRANSPORTATION PROGRAM.—

4 (1) IN GENERAL.—Section 133(d) of such title 

5 is amended—

6 (A) by striking paragraph (1); and 

7 (B) by redesignating paragraphs (2) 

8 through (5) as paragraphs (1) through (4), re9 spectively; and 

10 (C) in paragraph (2) (as so redesig11 nated)—

12 (i) in subparagraph (A) by striking 

13 ‘‘80 percent’’ and inserting ‘‘90 percent’’; 

14 (ii) in subparagraph (B) by striking 

15 ‘‘tobe’’ and inserting ‘‘to be’’; and 

16 (iii) in subparagraph (D) by adding a 

17 period at the end. 

18 (2) CONFORMING AMENDMENTS.—

19 (A) SECTION 133.—Section 133(e) is 

20 amended by striking ‘‘(d)(2)’’ and inserting 

21 ‘‘(d)(1)’’ in each of paragraphs (3)(B)(i), 

22 (5)(A), and (5)(B). 

23 (B) SECTION 126.—Section 126(b) of such 

24 title is amended—
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1 (i) by striking ‘‘to the last sentence of 

2 section 133(d)(1) or’’; 

3 (ii) by striking ‘‘section 133(d)(3)’’ 

4 and inserting ‘‘section 133(d)(2)’’; and 

5 (iii) by striking ‘‘or 133(d)(2)’’. 

6 (f) HAZARD ELIMINATION PROGRAM.—

7 (1) PURPOSES.—Section 152(a)(1) of such title 

8 is amended—

9 (A) by striking ‘‘and’’ after ‘‘bicyclists,’’; 

10 and 

11 (B) by inserting after ‘‘pedestrians,’’ the 

12 following: ‘‘and the disabled, identify roadway 

13 safety improvement needs for such locations, 

14 sections, and elements,’’. 

15 (2) HAZARDS.—Section 152(a)(2)(A) of such 

16 title is amended by inserting ‘‘the disabled,’’ after 

17 ‘‘pedestrians,’’. 

18 (3) APPROVAL OF PROJECTS.—Section 152(b) 

19 of such title is amended by inserting before the pe20 riod at the end the following: ‘‘that reduces the like21 lihood of crashes involving road departures, intersec22 tions, pedestrians, the disabled, bicyclists, older driv23 ers, or construction work zones’’. 

24 (4) EXPENDITURE OF FUNDS.—Section 152(c) 

25 of such title is amended—
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1 (A) in paragraph (2) by striking ‘‘or’’ at 

2 the end; 

3 (B) in paragraph (3) by striking the period 

4 at the end and inserting a semicolon; and 

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

6 ‘‘(4) police assistance for traffic and speed 

7 management in construction work zones; 

8 ‘‘(5) installation of barriers between construc9 tion work zones and traffic lanes for the safety of 

10 motorists and workers; and 

11 ‘‘(6) compilation and analysis of data under 

12 subsections (f) and (g) if the funds used for this 

13 purpose by a State do not exceed 2 percent of the 

14 amount apportioned to such State to carry out this 

15 section.’’. 

16 (5) APPORTIONMENT.—Section 152(d) of such 

17 title is amended to read as follows: 

18 ‘‘(d) APPORTIONMENT.—

19 ‘‘(1) FORMULA.—Funds authorized to be ap20 propriated to carry out this section shall be appor21 tioned to the States in accordance with the formula 

22 set forth in section 104(b)(3)(A). 

23 ‘‘(2) MINIMUM APPORTIONMENT.—Notwith24 standing paragraph (1), each State shall receive a 
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minimum of 1 1 ⁄2 of 1 percent of the funds appor2 tioned under paragraph (1). 

3 ‘‘(3) FEDERAL SHARE.—The Federal share 

4 payable on account of any project financed with 

5 funds authorized to be appropriated to carry out this 

6 section shall be 90 percent of the cost thereof.’’. 

7 (6) BIENNIAL REPORT TO CONGRESS.—

8 (A) IN GENERAL.—Section 152 of such 

9 title is amended by adding at the end the fol10 lowing: 

11 ‘‘(i) BIENNIAL REPORT TO CONGRESS.—Not later 

12 than 2 years after the date of enactment of this sub13 section, and every 2 years thereafter, the Secretary shall 

14 transmit to the Committee on Transportation and Infra15 structure of the House of Representatives and the Com16 mittee on Environment and Public Works of the Senate 

17 a report on the results of the program under this section. 

18 The report shall include, at a minimum, the following: 

19 ‘‘(1) A summary of State projects completed 

20 under this section categorized by the types of haz21 ards and a statement of the cost of such projects. 

22 ‘‘(2) An analysis of the effectiveness of such 

23 categories of projects in reducing the number and 

24 severity of crashes at high hazard locations. 
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1 ‘‘(3) An assessment of the adequacy of author2 ized funding for the program and State use of such 

3 funding to address the national need for such 

4 projects. 

5 ‘‘(4) Recommendations for funding and pro6 gram improvements to reduce the number of high 

7 hazard locations. 

8 ‘‘(5) An analysis and evaluation of each State 

9 program, an identification of any State found not to 

10 be in compliance with the schedule of improvements 

11 required by subsection (a), and recommendations for 

12 future implementation of the hazard elimination pro13 gram.’’. 

14 (B) CONFORMING AMENDMENT.—Section 

15 152(g) of such title is amended by striking the 

16 third sentence through the last sentence. 

17 SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW 

18 OF VEHICULAR TRAFFIC. 

19 Not later than 1 year after the date of enactment 

20 of this Act, the Secretary shall issue regulations to de21 crease the likelihood of worker injury and maintain the 

22 free flow of vehicular traffic by requiring workers whose 

23 duties place them on or in close proximity to a Federal24 aid highway (as defined in section 101 of title 23, United 

25 States Code) to wear high visibility garments. Such regu-
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1 lations may also require such other worker-safety meas2 ures for workers with those duties as the Secretary deter3 mines appropriate. 

4 SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT 

5 PROGRAM. 

6 (a) ESTABLISHMENT.—The Secretary shall establish 

7 and implement a high risk rural road safety improvement 

8 program in accordance with this section. 

9 (b) ELIGIBLE PROJECTS.—

10 (1) IN GENERAL.—Except as provided in para11 graph (2), a State may obligate funds apportioned 

12 to it under this section only for construction and 

13 operational improvement projects on high risk rural 

14 roads and only if the primary purpose of the project 

15 is to improve highway safety on a high risk rural 

16 road. 

17 (2) SPECIAL RULE.—A State may use funds 

18 apportioned to it under this section for any project 

19 approved by the Secretary under section 152 of title 

20 23, United States Code, if the State certifies to the 

21 Secretary that it has no projects described in para22 graph (1). 

23 (c) STATE ALLOCATION SYSTEM.—Each State shall 

24 establish a system for allocating funds apportioned to it 

25 under this section among projects eligible for assistance 
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1 under this section that have the highest benefits to high2 way safety. Such system may include a safety manage3 ment system established by the State under section 303 

4 of title 23, United States Code, or a survey established 

5 pursuant to section 152(a) of such title. 

6 (d) APPORTIONMENT OF FUNDS.—On October 1 of 

7 each fiscal year, the Secretary shall apportion among 

8 States sums authorized to be appropriated to carry out 

9 this section for such fiscal year as follows: 

(1) 1 10 ⁄3 in the ratio that—

11 (A) each State’s public road lane mileage 

12 for rural minor collectors and rural local roads; 

13 bears to 

14 (B) the total public road lane mileage for 

15 rural minor collectors and rural local roads of 

16 all States. 

(2) 1 17 ⁄3 in the ratio that—

18 (A) the population of areas other than ur19 banized areas in each State, as shown by the 

20 most recent Government decennial census of 

21 population; bears to 

22 (B) the population of all areas other than 

23 urbanized areas in the United States, as shown 

24 by that census. 

(3) 1 25 ⁄3 in the ratio that—
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1 (A) the total vehicle miles traveled on pub2 lic roads in each State; bears to 

3 (B) the total number of vehicle miles trav4 eled on public roads in all States. 

5 (e) APPLICABILITY OF TITLE 23.—Funds made 

6 available to carry out this section shall be available for 

7 obligation in the same manner as if such funds were ap8 portioned under chapter 1 of title 23, United States Code; 

9 except that such funds shall not be transferable and shall 

10 remain available until expended and the Federal share of 

11 the cost of a project under this section shall be 80 percent. 

12 Notwithstanding any other provision of law, projects as13 sisted under this section shall be treated as projects on 

14 a Federal-aid system under such chapter. 

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

17 (1) HIGH RISK RURAL ROAD.—The term ‘‘high 

18 risk rural road’’ means any roadway functionally 

19 classified as a rural major or minor collector or a 

20 rural local road—

21 (A) on which the accident rate for fatali22 ties and incapacitating injuries exceeds the 

23 statewide average for these functional classes of 

24 roadway; or 
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1 (B) which will likely have increases in traf2 fic volume that are likely to create an accident 

3 rate for fatalities and incapacitating injuries 

4 that exceeds the statewide average for these 

5 functional classes of roadway. 

6 (2) STATE AND URBANIZED AREA.—The terms 

7 ‘‘State’’ and ‘‘urbanized area’’ have the meaning 

8 such terms have under section 101(a) of title 23, 

9 United States Code.

10 SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY 

11 PROGRAMS. 

12 (a) USE OF SAFETY BELTS AND MOTORCYCLE HEL13 METS.—Section 153(h) of title 23, United States Code, 

14 is amended—

15 (1) in paragraph (2)—

16 (A) in the paragraph heading by striking 

17 ‘‘THEREAFTER.—’’ and inserting ‘‘FISCAL

18 YEARS 1995–2003.—’’; and 

19 (B) by inserting ‘‘and ending before Octo20 ber 1, 2003,’’ after ‘‘September 30, 1994,’’; 

21 (2) by redesignating paragraphs (3) through 

22 (5) as paragraphs (4) through (6), respectively; 

23 (3) by inserting after paragraph (2) the fol24 lowing: 
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1 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 

2 October 1, 2003, and each October 1 thereafter, if 

3 a State does not have in effect a law described in 

4 subsection (a)(2), the Secretary shall transfer from 

5 the funds apportioned to the State on that date 

6 under each of subsections (b)(1), (b)(2), and (b)(3) 

7 of section 104 to the apportionment of the State 

8 under section 402 an amount equal to 3 percent of 

9 the funds apportioned to the State under such sub10 sections for fiscal year 2003.’’; and 

11 (4) in paragraph (5) (as so redesignated)—

12 (A) by striking ‘‘which is determined by 

13 multiplying’’ and inserting ‘‘which, for fiscal 

14 year 2004 and each fiscal year thereafter, is de15 termined by multiplying’’; and 

16 (B) in subparagraph (B) by striking ‘‘such 

17 fiscal year’’ each place it appears and inserting 

18 ‘‘fiscal year 2003’’. 

19 (b) OPEN CONTAINER REQUIREMENTS.—Section 

20 154(c) of title 23, United States Code, is amended—

21 (1) in paragraph (2)—

22 (A) in the paragraph heading by striking 

23 ‘‘AND FISCAL YEARS THEREAFTER’’; and 

24 (B) by striking ‘‘and each October 1 there25 after,’’; 
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1 (2) by redesignating paragraphs (3) through 

2 (7) as paragraphs (4) through (8), respectively; 

3 (3) by inserting after paragraph (2) the fol4 lowing: 

5 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 

6 October 1, 2003, and each October 1 thereafter, if 

7 a State has not enacted or is not enforcing an open 

8 container law described in subsection (b), the Sec9 retary shall transfer from the funds apportioned to 

10 the State on that date under each of paragraphs (1), 

11 (3), and (4) of section 104(b) an amount equal to 

12 3 percent of the funds apportioned to the State 

13 under such paragraphs for fiscal year 2003 to be 

14 used or directed as described in subparagraph (A) or 

15 (B) of paragraph (1).’’; 

16 (4) in paragraph (5) (as so redesignated) by 

17 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

18 (4)’’; 

19 (5) in paragraphs (4), (5), and (6) (as so redes20 ignated) by striking ‘‘paragraph (1) or (2)’’ and in21 serting ‘‘paragraph (1), (2), or (3)’’; and 

22 (6) in paragraph (7)(B) (as so redesignated)—

23 (A) by striking ‘‘The amount’’ and insert24 ing ‘‘For fiscal year 2004 and each fiscal year 

25 thereafter, the amount’’; and 
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1 (B) in subclauses (I) and (II) of clause (ii) 

2 by striking ‘‘the fiscal year’’ and inserting ‘‘fis3 cal year 2003’’. 

4 (c) MINIMUM PENALTIES FOR CERTAIN REPEAT OF5 FENDERS.—Section 164(b) of title 23, United States 

6 Code, is amended—

7 (1) in paragraph (2)—

8 (A) in the paragraph heading by striking 

9 ‘‘AND FISCAL YEARS THEREAFTER’’; and 

10 (B) by striking ‘‘and each October 1 there11 after,’’; 

12 (2) by redesignating paragraphs (3) through 

13 (7) as paragraphs (4) through (8), respectively; 

14 (3) by inserting after paragraph (2) the fol15 lowing: 

16 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 

17 October 1, 2003, and each October 1 thereafter, if 

18 a State has not enacted or is not enforcing a repeat 

19 intoxicated driver law, the Secretary shall transfer 

20 from the funds apportioned to the State on that date 

21 under each of paragraphs (1), (3), and (4) of section 

22 104(b) an amount equal to 3 percent of the funds 

23 apportioned to the State under such paragraphs for 

24 fiscal year 2003 to be used or directed as described 

25 in subparagraph (A) or (B) of paragraph (1).’’; 
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1 (4) in paragraph (5) (as so redesignated) by 

2 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

3 (4)’’; 

4 (5) in paragraphs (4), (5), and (6) (as so redes5 ignated) by striking ‘‘paragraph (1) or (2)’’ and in6 serting ‘‘paragraph (1), (2), or (3)’’; and 

7 (6) in paragraph (7)(B) (as so redesignated)—

8 (A) by striking ‘‘The amount’’ and insert9 ing ‘‘For fiscal year 2004 and each fiscal year 

10 thereafter, the amount’’; and 

11 (B) in subclauses (I) and (II) of clause (ii) 

12 by striking ‘‘the fiscal year’’ and inserting ‘‘fis13 cal year 2003’’. 

14 SEC. 1405. SAFETY INCENTIVES TO PREVENT OPERATION 

15 OF MOTOR VEHICLES BY INTOXICATED PER16 SONS. 

17 (a) CODIFICATION OF PENALTY.—Section 163 of 

18 title 23, United States Code, is amended—

19 (1) by redesignating subsection (e) as sub20 section (f); and 

21 (2) by inserting after subsection (d) the fol22 lowing: 

23 ‘‘(e) PENALTY.—

24 ‘‘(1) IN GENERAL.—On October 1, 2003, and 

25 October 1 of each fiscal year thereafter, if a State 
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1 has not enacted or is not enforcing a law described 

2 in subsection (a), the Secretary shall withhold from 

3 amounts apportioned to the State on that date 

4 under each of paragraphs (1), (3), and (4) of section 

5 104(b) an amount equal to the amount specified in 

6 paragraph (2). 

7 ‘‘(2) AMOUNT TO BE WITHHELD.—If a State is 

8 subject to a penalty under paragraph (1), the Sec9 retary shall withhold for a fiscal year from the ap10 portionments of the State described in paragraph 

11 (1) an amount equal to a percentage of the funds 

12 apportioned to the State under paragraphs (1), (3), 

13 and (4) of section 104(b) for fiscal year 2003. The 

14 percentage shall be as follows: 

15 ‘‘(A) For fiscal year 2004, 2 percent. 

16 ‘‘(B) For fiscal year 2005, 4 percent. 

17 ‘‘(C) For fiscal year 2006, 6 percent. 

18 ‘‘(D) For fiscal year 2007, and each fiscal 

19 year thereafter, 8 percent. 

20 ‘‘(3) FAILURE TO COMPLY.—If, within 4 years 

21 from the date that an apportionment for a State is 

22 withheld in accordance with this subsection, the Sec23 retary determines that the State has enacted and is 

24 enforcing a law described in subsection (a), the ap25 portionment of the State shall be increased by an 
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1 amount equal to the amount withheld. If, at the end 

2 of such 4-year period, any State has not enacted or 

3 is not enforcing a law described in subsection (a) 

4 any amounts so withheld from such State shall 

5 lapse.’’. 

6 (b) REPEAL.—Section 351 of the Department of 

7 Transportation and Related Agencies Appropriations Act, 

8 2001 (114 Stat. 1356A–34) is repealed.

9 Subtitle E—Construction and 

10 Contract Efficiencies 

11 SEC. 1501. DESIGN-BUILD. 

12 [Reserved.] 

13 SEC. 1502. WARRANTY HIGHWAYS. 

14 [Reserved.] 

15 SEC. 1503. PUBLIC-PRIVATE VENTURE. 

16 [Reserved.]

17 SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM. 

18 (a) ESTABLISHMENT.—

19 (1) IN GENERAL.—The Secretary shall establish 

20 and implement a pilot program to be known as the 

21 ‘‘Highways for LIFE pilot program’’. 

22 (2) PURPOSE.—The purpose of the pilot pro23 gram shall be to advance longer-lasting highways 

24 using innovative technologies and practices to ac-
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1 complish the fast construction of efficient and safe 

2 highways and bridges. 

3 (3) OBJECTIVES.—Under the pilot program, 

4 the Secretary shall provide leadership and incentives 

5 to demonstrate and promote state-of-the-art tech6 nologies, elevated performance standards, and new 

7 business practices in the highway construction proc8 ess that result in improved safety, faster construc9 tion, reduced congestion from construction, and im10 proved quality and user satisfaction. 

11 (b) PROJECTS.—

12 (1) APPLICATIONS.—To be eligible to partici13 pate in the pilot program, a State shall submit to 

14 the Secretary an application that is in such form 

15 and contains such information as the Secretary re16 quires. Each application shall contain a description 

17 of proposed projects to be carried by the State under 

18 the pilot program. 

19 (2) ELIGIBILITY.—A proposed project shall be 

20 eligible for assistance under the pilot program if the 

21 project—

22 (A) constructs, reconstructs, or rehabili23 tates a route or connection on a Federal-aid 

24 highway eligible for assistance under chapter 1 

25 of title 23, United States Code; 
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1 (B) uses innovative technologies, manufac2 turing processes, financing, or contracting 

3 methods that improve safety, reduce congestion 

4 due to construction, and improve quality; and 

5 (C) meets additional criteria as determined 

6 by the Secretary. 

7 (3) PROJECT PROPOSAL.—A project proposal 

8 submitted under paragraph (1) shall contain—

9 (A) an identification and description of the 

10 projects to be delivered; 

11 (B) a description of how the projects will 

12 result in improved safety, faster construction, 

13 reduced congestion due to construction, user 

14 satisfaction, and improved quality; 

15 (C) a description of the innovative tech16 nologies, manufacturing processes, financing, 

17 and contracting methods that will be used for 

18 the proposed projects; and 

19 (D) such other information as the Sec20 retary may require. 

21 (4) SELECTION CRITERIA.—In selecting 

22 projects for approval under this section, the Sec23 retary shall ensure that the projects provide an eval24 uation of a broad range of technologies in a wide va-
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1 riety of project types and shall give priority to the 

2 projects that—

3 (A) address achieving the Highways for 

4 LIFE performance standards for quality, safe5 ty, and speed of construction; 

6 (B) deliver and deploy innovative tech7 nologies, manufacturing processes, financing, 

8 contracting practices, and performance meas9 ures that will demonstrate substantial improve10 ments in safety, congestion, quality, and cost11 effectiveness; 

12 (C) include innovation that will lead to 

13 change in the administration of the State’s 

14 transportation program to more quickly con15 struct long-lasting, high-quality, cost-effective 

16 projects that improve safety and reduce conges17 tion; 

18 (D) are or will be ready for construction 

19 within 12 months of approval of the project 

20 proposal; and 

21 (E) meet such other criteria as the Sec22 retary determines appropriate. 

23 (5) FINANCIAL ASSISTANCE.—

24 (A) FUNDS FOR HIGHWAYS FOR LIFE

25 PROJECTS.—Out of amounts made available to 
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1 carry out this section for a fiscal year, the Sec2 retary may allocate to a State up to 20 percent, 

3 but not more than $15,000,000, of the total 

4 cost of a project approved under this section. 

5 Notwithstanding any other provision of law, 

6 funds allocated to a State under this subpara7 graph may be applied to the non-Federal share 

8 of the cost of construction of a project under 

9 title 23, United States Code. 

10 (B) USE OF APPORTIONED FUNDS.—A 

11 State may obligate not more than 10 percent of 

12 the amount apportioned to the State under 1 or 

13 more of paragraphs (1), (2), (3), and (4) of sec14 tion 104(b) of title 23, United States Code, for 

15 a fiscal year for projects approved under this 

16 section. 

17 (C) INCREASED FEDERAL SHARE.—Not18 withstanding sections 120 and 129 of title 23, 

19 United States Code, the Federal share payable 

20 on account of any project constructed with Fed21 eral funds allocated under this section, or ap22 portioned under section 104(b) of such title, to 

23 a State under such title and approved under 

24 this section may amount to 100 percent of the 

25 cost of construction of such project. 
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1 (D) LIMITATION ON STATUTORY CON2 STRUCTION.—Except as provided in subpara3 graph (C), nothing in this subsection shall be 

4 construed as altering or otherwise affecting the 

5 applicability of the requirements of chapter 1 of 

6 title 23, United States Code (including require7 ments relating to the eligibility of a project for 

8 assistance under the program and the location 

9 of the project), to amounts apportioned to a 

10 State for a program under section 104(b) that 

11 are obligated by the State for projects approved 

12 under this subsection. 

13 (6) PROJECT SELECTIONS.—In the period of 

14 fiscal years 2004 through 2009, the Secretary shall 

15 approve at least one project in each State for par16 ticipation in the pilot program and for financial as17 sistance under paragraph (5) if the State submits an 

18 application and the project meets the eligibility re19 quirements and selection criteria under this sub20 section. 

21 (c) TECHNOLOGY PARTNERSHIPS.—

22 (1) IN GENERAL.—The Secretary may make 

23 grants or enter into cooperative agreements or other 

24 transactions to foster the development, improvement, 

25 and creation of innovative technologies and facilities 
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1 to improve safety, enhance the speed of highway 

2 construction, and improve the quality and durability 

3 of highways. 

4 (2) FEDERAL SHARE.—The Federal share of 

5 the cost of an activity carried out under this sub6 section shall not exceed 80 percent. 

7 (d) TECHNOLOGY TRANSFER AND INFORMATION

8 DISSEMINATION.—

9 (1) IN GENERAL.—The Secretary shall conduct 

10 a Highways for LIFE technology transfer program. 

11 (2) AVAILABILITY OF INFORMATION.—The Sec12 retary shall ensure that the information and tech13 nology used, developed, or deployed under this sub14 section is made available to the transportation com15 munity and the public. 

16 (e) STAKEHOLDER INPUT AND INVOLVEMENT.—The 

17 Secretary shall establish a process for stakeholder input 

18 and involvement in the development, implementation, and 

19 evaluation of the Highways for LIFE pilot program. The 

20 process may include participation by representatives of 

21 State departments of transportation and other interested 

22 persons. 

23 (f) PROJECT MONITORING AND EVALUATION.—The 

24 Secretary shall monitor and evaluate the effectiveness of 

25 any activity carried out under this section. 
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1 (g) CONTRACT AUTHORITY.—Funds authorized to be 

2 appropriated to carry out this section shall be available 

3 for obligation in the same manner as if the funds were 

4 apportioned under chapter 1 of title 23, United States 

5 Code. 

6 (h) STATE DEFINED.—In this section, the term 

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

8 101(a) of title 23, United States Code. 

9 SEC. 1505. UNIT BID PRICING. 

10 [Reserved.]

11 Subtitle F—Finance 

12 SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE 

13 AND INNOVATION ACT. 

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

15 States Code, is amended—

16 (1) in paragraph (3)—

17 (A) by striking ‘‘category’’; and 

18 (B) by striking ‘‘offered into the capital 

19 markets’’; 

20 (2) by striking paragraph (7); 

21 (3) by redesignating paragraphs (8) through 

22 (15) as paragraphs (7) through (14), respectively; 

23 and 

24 (4) in paragraph (10) (as so redesignated) by 

25 striking ‘‘bond’’ and inserting ‘‘credit’’. 
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1 (b) DETERMINATION OF ELIGIBILITY.—Section 

2 182(a) of such title is amended—

3 (1) by striking paragraphs (1) and (2) and in4 serting the following: 

5 ‘‘(1) INCLUSION IN TRANSPORTATION PLANS

6 AND PROGRAMS.—The project shall satisfy the appli7 cable planning and programming requirements of 

8 sections 134 and 135 at such time as an agreement 

9 to make available a Federal credit instrument is en10 tered into under this subchapter. 

11 ‘‘(2) APPLICATION.—A State, a local govern12 ment, public authority, public-private partnership, or 

13 any other legal entity undertaking the project and 

14 authorized by the Secretary, shall submit a project 

15 application to the Secretary.’’; 

16 (2) in paragraph (3)(A)(i) by striking 

17 ‘‘$100,000,000’’ and inserting ‘‘$50,000,000’’; 

18 (3) in paragraph (3)(B) by striking 

19 ‘‘$30,000,000’’ and inseting ‘‘$15,000,000’’; and 

20 (4) in paragraph (4)—

21 (A) by striking ‘‘Project financing’’ and in22 serting ‘‘The Federal credit instrument’’; and 

23 (B) by inserting before the period at the 

24 end ‘‘that also secure the project obligations’’. 
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1 (c) PROJECT SELECTION.—Section 182(b) of such 

2 title is amended—

3 (1) in paragraph (1) by striking ‘‘criteria’’ the 

4 second place it appears and inserting ‘‘require5 ments’’; and 

6 (2) in paragraph (2)(B) by inserting ‘‘, which 

7 may be the Federal credit instrument,’’ after ‘‘obli8 gations’’. 

9 (d) SECURED LOANS.—

10 (1) AGREEMENTS.—Section 183(a)(1) of such 

11 title is amended—

12 (A) in each of subparagraphs (A) and (B) 

13 by inserting ‘‘of any project selected under sec14 tion 602’’ after ‘‘costs’’; and 

15 (B) by striking the semicolon at the end of 

16 subparagraph (B) and all that follows through 

17 ‘‘under section 602’’. 

18 (2) INVESTMENT-GRADE RATING REQUIRE19 MENT.—Section 183(a)(4) of such title is amend20 ed—

21 (A) by striking ‘‘The funding’’ and insert22 ing ‘‘The execution’’; and 

23 (B) by striking the first comma and all 

24 that follows through ‘‘1 rating agency’’. 
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1 (3) TERMS AND LIMITATIONS.—Section 183(b) 

2 of such title is amended—

3 (A) in paragraph (2) by inserting ‘‘the 

4 lesser of’’ after ‘‘exceed’’; 

5 (B) in paragraph (2) by inserting ‘‘or the 

6 amount of the senior project obligations’’ after 

7 ‘‘costs’’; 

8 (C) in paragraph (3)(A)(i) by inserting 

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

10 after ‘‘sources’’; and 

11 (D) in paragraph (4) by striking ‘‘market12 able’’. 

13 (4) REPAYMENT.—Section 183(c) is amended—

14 (A) by striking paragraph (3); and 

15 (B) by redesignating paragraphs (4) and 

16 (5) as paragraphs (3) and (4), respectively. 

17 (e) LINES OF CREDIT.—

18 (1) TERMS AND LIMITATIONS.—Section 184(b) 

19 of such title is amended—

20 (A) in paragraph (3)—

21 (i) by striking the first comma; and 

22 (ii) by striking ‘‘any debt service re23 serve fund, and any other available re24 serve’’ and inserting ‘‘but not including 

25 reasonably required financing reserves’’; 
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1 (B) in paragraph (4)—

2 (i) by striking ‘‘marketable’’; 

3 (ii) by striking ‘‘on which’’ and insert4 ing ‘‘of execution of’’; 

5 (iii) by striking ‘‘is obligated’’ and in6 serting ‘‘agreement’’; and 

7 (C) in paragraph (5)(A)(i) by inserting 

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

9 after ‘‘sources’’; and 

10 (2) REPAYMENT.—Section 184(c) of such title 

11 is amended—

12 (A) in paragraph (2)—

13 (i) by striking ‘‘scheduled’’; 

14 (ii) by inserting ‘‘be scheduled to’’ 

15 after ‘‘shall’’; 

16 (iii) by striking ‘‘be fully repaid, with 

17 interest,’’ and inserting ‘‘conclude, with 

18 full repayment of principal and interest,’’; 

19 and 

20 (B) by striking paragraph (3). 

21 (f) PROGRAM ADMINISTRATION.—Section 185 of 

22 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 instrument 

4 made available under this chapter. 

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 instrument. 

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

10 credit instrument. 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 one or more expert firms, 

17 including counsel, in the field of municipal and project fi18 nance to assist in the underwriting and servicing of Fed19 eral credit instruments.’’. 

20 (g) 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) $150,000,000 for 
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1 each of fiscal years 2004 through 2009 to carry out 

2 this chapter. 

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 chapter shall be deemed to be ac16 ceptance by the United States of a contractual obli17 gation to fund the Federal credit instrument. 

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 under this 

24 chapter shall be limited to $2,600,000,000.’’. 
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1 SEC. 1602. STATE INFRASTRUCTURE BANKS. 

2 (a) IN GENERAL.—Section 189 of title 23, United 

3 States Code, is amended to read as follows: 

4 ‘‘§ 189. State infrastructure bank program 

5 ‘‘(a) DEFINITIONS.—In this section, the following 

6 definitions apply: 

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

8 project’ has the meaning such term has under sec9 tion 5302 of title 49, United States Code. 

10 ‘‘(2) OTHER FORMS OF CREDIT ASSISTANCE.—

11 The term ‘other forms of credit assistance’ includes 

12 any use of funds in an infrastructure bank—

13 ‘‘(A) to provide credit enhancements; 

14 ‘‘(B) to serve as a capital reserve for bond 

15 or debt instrument financing; 

16 ‘‘(C) to subsidize interest rates; 

17 ‘‘(D) to insure or guarantee letters of cred18 it and credit instruments against credit risk of 

19 loss; 

20 ‘‘(E) to finance purchase and lease agree21 ments with respect to transit projects; 

22 ‘‘(F) to provide bond or debt financing in23 strument security; and 

24 ‘‘(G) to provide other forms of debt financ25 ing and methods of leveraging funds that are 

26 approved by the Secretary and that relate to 
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1 the project with respect to which such assist2 ance is being provided. 

3 ‘‘(3) STATE.—The term ‘State’ has the mean4 ing such term has under section 401 of this title. 

5 ‘‘(4) CAPITALIZATION.—The term ‘‘capitaliza6 tion’’ means the process used for depositing funds as 

7 initial capital into a State infrastructure bank to es8 tablish the infrastructure bank. 

9 ‘‘(5) COOPERATIVE AGREEMENT.—The term 

10 ‘cooperative agreement’ means written consent be11 tween a State and the Secretary which sets forth the 

12 manner in which the infrastructure bank established 

13 by the State in accordance with this section will be 

14 administered. 

15 ‘‘(6) LOAN.—The term ‘loan’ means any form 

16 of direct financial assistance from a State infra17 structure bank that is required to be repaid over a 

18 period of time and that is provided to a project 

19 sponsor for all or part of the costs of the project. 

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

21 means a contract entered into by a State infrastruc22 ture bank in which the bank agrees to take responsi23 bility for all or a portion of a project sponsor’s fi24 nancial obligations for a project under specified con25 ditions. 
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1 ‘‘(8) INITIAL ASSISTANCE.—The term ‘initial 

2 assistance’ means the first round of funds that are 

3 loaned or used for credit enhancement by a State in4 frastructure bank for projects eligible for assistance 

5 under this section. 

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

7 financial structure used to increase funds in a State 

8 infrastructure bank through the issuance of debt in9 struments. 

10 ‘‘(10) LEVERAGED.— The term ‘leveraged’, as 

11 used with respect to a State infrastructure bank, 

12 means that the bank has total potential liabilities 

13 that exceed the capital of the bank. 

14 ‘‘(b) COOPERATIVE AGREEMENTS.—Subject to the 

15 provisions of this section, the Secretary may enter into co16 operative agreements with States for the establishment of 

17 State infrastructure banks for making loans and providing 

18 other forms of credit assistance to public and private enti19 ties carrying out or proposing to carry out projects eligible 

20 for assistance under this section. 

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

23 agreement under subsection (a) with the Secretary for the 

24 establishment by such States of a multi-State infrastruc25 ture bank in accordance with this section, to enter into 
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1 an interstate compact establishing such bank in accord2 ance with this section. 

3 ‘‘(d) FUNDING.—

4 ‘‘(1) HIGHWAY ACCOUNT.—Subject to sub5 section (j), the Secretary may permit a State enter6 ing into a cooperative agreement under this section 

7 to establish a State infrastructure bank to deposit 

8 into the highway account of the bank not to ex9 ceed—

10 ‘‘(A) 10 percent of the funds apportioned 

11 to the State for each of fiscal years 2004 

12 through 2009 under each of sections 104(b)(1), 

13 104(b)(3), 104(b)(4), and 144; and 

14 ‘‘(B) 10 percent of the funds allocated to 

15 the State for each of such fiscal years under 

16 section 105. 

17 ‘‘(2) TRANSIT ACCOUNT.—Subject to subsection 

18 (j), the Secretary may permit a State entering into 

19 a cooperative agreement under this section to estab20 lish a State infrastructure bank, and any other re21 cipient of Federal assistance under section 5307, 

22 5309, or 5311 of title 49, to deposit into the transit 

23 account of the bank not to exceed 10 percent of the 

24 funds made available to the State or other recipient 
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1 in each of fiscal years 2004 through 2009 for capital 

2 projects under each of such sections. 

3 ‘‘(3) RAIL ACCOUNT.—Subject to subsection (j), 

4 the Secretary may permit a State entering into a co5 operative agreement under this section to establish 

6 a State infrastructure bank, and any other recipient 

7 of Federal assistance under subtitle V of title 49, to 

8 deposit into the rail account of the bank funds made 

9 available to the State or other recipient in each of 

10 fiscal years 2004 through 2009 for capital projects 

11 under such subtitle. 

12 ‘‘(4) CAPITAL GRANTS.—

13 ‘‘(A) HIGHWAY ACCOUNT.—Federal funds 

14 deposited into a highway account of a State in15 frastructure bank under paragraph (1) shall 

16 constitute for purposes of this section a capital17 ization grant for the highway account of the 

18 bank. 

19 ‘‘(B) TRANSIT ACCOUNT.—Federal funds 

20 deposited into a transit account of a State in21 frastructure bank under paragraph (2) shall 

22 constitute for purposes of this section a capital23 ization grant for the transit account of the 

24 bank. 
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1 ‘‘(C) RAIL ACCOUNT.—Federal funds de2 posited into a rail account of a State infrastruc3 ture bank under paragraph 3 shall constitute 

4 for purposes of this section a capitalization 

5 grant for the rail account of the bank. 

6 ‘‘(5) SPECIAL RULE FOR URBANIZED AREAS OF

7 OVER 200,000.—Funds in a State infrastructure 

8 bank that are attributed to urbanized areas of a 

9 State with urbanized populations of over 200,000 

10 under section 133(d)(3) may be used to provide as11 sistance with respect to a project only if the metro12 politan planning organization designated for such 

13 area concurs, in writing, with the provision of such 

14 assistance. 

15 ‘‘(6) DISCONTINUANCE OF FUNDING.—If the 

16 Secretary determines that a State is not imple17 menting the State’s infrastructure bank in accord18 ance with a cooperative agreement entered into 

19 under subsection (b), the Secretary may prohibit the 

20 State from contributing additional Federal funds to 

21 the bank. 

22 ‘‘(e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE

23 BANKS.—An infrastructure bank established under this 

24 section may make loans or provide other forms of credit 

25 assistance to a public or private entity in an amount equal 
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1 to all or a part of the cost of carrying out a project eligible 

2 for assistance under this section. The amount of any loan 

3 or other form of credit assistance provided for the project 

4 may be subordinated to any other debt financing for the 

5 project. Initial assistance provided with respect to a 

6 project from Federal funds deposited into an infrastruc7 ture bank under this section may not be made in the form 

8 of a grant. 

9 ‘‘(f) ELIGIBLE PROJECTS.—Subject to subsection (e), 

10 funds in an infrastructure bank established under this sec11 tion may be used only to provide assistance for projects 

12 eligible for assistance under this title and capital projects 

13 defined in section 5302 of title 49, and any other projects 

14 related to surface transportation that the Secretary deter15 mines to be appropriate. 

16 ‘‘(g) INFRASTRUCTURE BANK REQUIREMENTS.—In 

17 order to establish an infrastructure bank under this sec18 tion, the State establishing the bank shall—

19 ‘‘(1) deposit in cash, at a minimum, into each 

20 account of the bank from non-Federal sources an 

21 amount equal to 25 percent of the amount of each 

22 capitalization grant made to the State and deposited 

23 into such account; except that, if the deposit is into 

24 the highway account of the bank and the State has 

25 a non-Federal share under section 120(b) that is 
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1 less than 25 percent, the percentage to be deposited 

2 from non-Federal sources shall be the lower percent3 age of such grant; 

4 ‘‘(2) ensure that the bank maintains on a con5 tinuing basis an investment grade rating on its debt, 

6 or has a sufficient level of bond or debt financing in7 strument insurance, to maintain the viability of the 

8 bank; 

9 ‘‘(3) ensure that investment income derived 

10 from funds deposited to an account of the bank 

11 are—

12 ‘‘(A) credited to the account; 

13 ‘‘(B) available for use in providing loans 

14 and other forms of credit assistance to projects 

15 eligible for assistance from the account; and 

16 ‘‘(C) invested in United States Treasury 

17 securities, bank deposits, or such other financ18 ing instruments as the Secretary may approve 

19 to earn interest to enhance the leveraging of 

20 projects assisted by the bank; 

21 ‘‘(4) ensure that any loan from the bank will 

22 bear interest at or below market interest rates, as 

23 determined by the State, to make the project that is 

24 the subject of the loan feasible; 
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1 ‘‘(5) ensure that repayment of any loan from 

2 the bank will commence not later than 5 years after 

3 the project has been completed or, in the case of a 

4 highway project, the facility has opened to traffic, 

5 whichever is later; 

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

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

8 payment on the loan; and 

9 ‘‘(7) require the bank to make an annual report 

10 to the Secretary on its status no later than Sep11 tember 30 of each year and such other reports as 

12 the Secretary may require under guidelines issued to 

13 carry out this section. 

14 ‘‘(h) APPLICABILITY OF FEDERAL LAW.—

15 ‘‘(1) IN GENERAL.—The requirements of this 

16 title and title 49 that would otherwise apply to funds 

17 made available under this title or such title and 

18 projects assisted with those funds shall apply to—

19 ‘‘(A) funds made available under this title 

20 or such title and contributed to an infrastruc21 ture bank established under this section, includ22 ing the non-Federal contribution required under 

23 subsection (g); and 

24 ‘‘(B) projects assisted by the bank through 

25 the use of the funds; 
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1 except to the extent that the Secretary determines 

2 that any requirement of such title (other than sec3 tions 113 and 114 of this title and section 5333 of 

4 title 49), is not consistent with the objectives of this 

5 section. 

6 ‘‘(2) REPAYMENTS.—The requirements of this 

7 title and title 49 shall apply to repayments from 

8 non-Federal sources to an infrastructure bank from 

9 projects assisted by the bank. Such a repayment 

10 shall be considered to be Federal funds. 

11 ‘‘(i) UNITED STATES NOT OBLIGATED.—The deposit 

12 of Federal funds into an infrastructure bank established 

13 under this section shall not be construed as a commitment, 

14 guarantee, or obligation on the part of the United States 

15 to any third party, nor shall any third party have any right 

16 against the United States for payment solely by virtue of 

17 the contribution. Any security or debt-financing instru18 ment issued by the infrastructure bank shall expressly 

19 state that the security or instrument does not constitute 

20 a commitment, guarantee, or obligation of the United 

21 States. 

22 ‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections 

23 3335 and 6503 of title 31, shall not apply to funds depos24 ited into an infrastructure bank under this section. 
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1 ‘‘(k) PROGRAM ADMINISTRATION.—For each of fiscal 

2 years 2004 through 2009, a State may expend not to ex3 ceed 2 percent of the Federal funds contributed to an in4 frastructure bank established by the State under this sec5 tion to pay the reasonable costs of administering the 

6 bank.’’.

7 (b) PREPARATORY AMENDMENTS.—

8 (1) SECTION 181.—Section 181 of such title is 

9 further amended—

10 (A) by striking the section designator and 

11 heading and inserting the following: 

12 ‘‘§ 181. Generally applicable provisions’’; 

13 (B) by striking ‘‘In this subchapter’’ and 

14 inserting ‘‘(a) DEFINITIONS.—In this chapter’’; 

15 (C) in paragraph (5) by striking ‘‘184’’ 

16 and inserting ‘‘604’’; and 

17 (D) in paragraph (11) (as redesignated by 

18 section 1601(a) of this Act) by striking ‘‘183’’ 

19 and inserting ‘‘603’’; and 

20 (E) by adding at the end the following: 

21 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of 

22 this title, this chapter shall be treated as being part of 

23 chapter 1.’’. 
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1 (2) SECTION 182.—Section 182(b)(2)(A)(viii) 

2 of such title is further amended by inserting ‘‘and 

3 chapter 1’’ after ‘‘this chapter’’. 

4 (3) SECTION 183.—Section 183(a) of such title 

5 is further amended—

6 (A) in paragraph (1) by striking ‘‘182’’ 

7 and inserting ‘‘602’’; and 

8 (B) in paragraph (3) by striking 

9 ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B)’’. 

10 (4) SECTION 184.—Section 184 of such title is 

11 further amended—

12 (A) in subsection (a)(1) by striking ‘‘182’’ 

13 and inserting ‘‘602’’; 

14 (B) in subsection (a)(3) by striking 

15 ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B); 

16 and 

17 (C) in subsection (b)(10) by striking 

18 ‘‘183’’ and inserting ‘‘603’’. 

19 (5) REFERENCES IN SUBCHAPTER.—Sub20 chapter II of chapter 1 of such title is amended by 

21 striking ‘‘this subchapter’’ each place it appears and 

22 inserting ‘‘chapter’’. 

23 (6) SUBCHAPTER HEADINGS.—Chapter 1 of 

24 such title is further amended—
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1 (A) by striking ‘‘SUBCHAPTER I—GEN2 ERAL PROVISIONS’’ preceding section 101; 

3 and 

4 (B) by striking ‘‘SUBCHAPTER II—IN5 FRASTRUCTURE FINANCE’’ preceding sec6 tion 181. 

7 (c) CHAPTER 6.—Such title is further amended by 

8 adding at the end the following:

‘‘CHAPTER 6—INFRASTRUCTURE FINANCE

‘‘Sec. 

‘‘601. Generally applicable provisions. 

‘‘602. Determination of eligibility and project selection. 

‘‘603. Secured loans. 

‘‘604. Lines of credit. 

‘‘605. Program administration. 

‘‘606. State and local permits. 

‘‘607. Regulations. 

‘‘608. Funding. 

‘‘609. State infrastructure bank program.’’.

9 (d) MOVING AND REDESIGNATING.—Such title is fur10 ther amended—

11 (1) by redesignating sections 181 through 189 

12 as sections 601 through 609, respectively; 

13 (2) by moving such sections from chapter 1 to 

14 chapter 6 (as added by subsection (c)); and 

15 (3) by inserting such sections after the analysis 

16 for chapter 6. 

17 (e) ANALYSIS FOR CHAPTER 1 AND TABLE OF CHAP18 TERS.—
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1 (1) ANALYSIS FOR CHAPTER 1.—The analysis 

2 for chapter 1 of such title is amended—

3 (A) by striking the headings for sub4 chapters I and II; and 

5 (B) by striking the items relating to sec6 tions 181 through 189. 

7 (2) TABLE OF CHAPTERS.—The table of chap8 ters for such title is amended by inserting after the 

9 item relating to chapter 5 the following:

6. Infrastructure and Finance ................................................................. 601

10 SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND 

11 REHABILITATION PILOT PROGRAM. 

12 [Reserved.] 

13 Subtitle G—High Priority Projects

14 SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 

15 (a) AUTHORIZATION OF HIGH PRIORITY

16 PROJECTS.—Section 117(a) of title 23, United States 

17 Code, is amended by striking ‘‘1602 of the Transportation 

18 Equity Act for the 21st Century’’ and inserting ‘‘1701 of 

19 the Transportation Equity Act: A Legacy for Users’’. 

20 (b) ALLOCATION PERCENTAGES.—Section 117(b) of 

21 such title is amended by striking paragraphs (1) through 

22 (6) and inserting the following: 

23 ‘‘(1) 13 percent of such amount shall be avail24 able for obligation beginning in fiscal year 2004; 
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1 ‘‘(2) 14.3 percent of such amount shall be avail2 able for obligation beginning in fiscal year 2005; 

3 ‘‘(3) 15.7 percent of such amount shall be avail4 able for obligation beginning in fiscal year 2006; 

5 ‘‘(4) 17.2 percent of such amount shall be avail6 able for obligation beginning in fiscal year 2007; 

7 ‘‘(5) 18.9 percent of such amount shall be avail8 able for obligation beginning in fiscal year 2008; and 

9 ‘‘(6) 20.9 percent of such amount shall be avail10 able for obligation beginning in fiscal year 2009.’’. 

11 (c) FEDERAL SHARE.—Section 117(c) of such title 

12 is amended by striking ‘‘; except’’ and all that follows 

13 through ‘‘cost thereof’’. 

14 (d) ADVANCE CONSTRUCTION.—Section 117(e) of 

15 such title is amended by striking ‘‘1602 of the Transpor16 tation Equity Act for the 21st Century’’ each place it ap17 pears and inserting ‘‘1701 of the Transportation Equity 

18 Act: A Legacy for Users’’. 

19 (e) AVAILABILITY OF OBLIGATION LIMITATION.—

20 Section 117(g) of such title is amended by striking 

21 ‘‘Transportation Equity Act for the 21st Century’’ and in22 serting ‘‘Transportation Equity Act: A Legacy for Users’’.
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1 TITLE II—HIGHWAY SAFETY 

2 SEC. 2001. AUTHORIZATIONS OF APPROPRIATIONS. 

3 (a) IN GENERAL.—The following sums are author4 ized to be appropriated out of the Highway Trust Fund 

5 (other than the Mass Transit Account): 

6 (1) HIGHWAY SAFETY PROGRAMS.—For car7 rying out section 402 of title 23, United States 

8 Code, $245,000,000 for fiscal year 2004, 

9 $250,000,000 for fiscal year 2005, $255,000,000 for 

10 fiscal year 2006, $260,000,000 for fiscal year 2007, 

11 $265,000,000 for fiscal year 2008, and 

12 $270,000,000 for fiscal year 2009. 

13 (2) HIGHWAY SAFETY RESEARCH AND DEVEL14 OPMENT.—For carrying out section 403 of title 23, 

15 United States Code, $91,000,000 for each of fiscal 

16 years 2004 through 2009. 

17 (3) OCCUPANT PROTECTION INCENTIVE

18 GRANTS.—For carrying out section 405 of title 23, 

19 United States Code, $140,000,000 for fiscal year 

20 2004, $145,000,000 for fiscal year 2005, 

21 $150,000,000 for fiscal year 2006, $155,000,000 for 

22 fiscal year 2007, $160,000,000 for fiscal year 2008, 

23 and $165,000,000 for fiscal year 2009. 

24 (4) ALCOHOL-IMPAIRED DRIVING COUNTER25 MEASURES INCENTIVE GRANT PROGRAM.—For car-
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1 rying out section 410 of title 23, United States 

2 Code, $135,000,000 for fiscal year 2004, 

3 $140,000,000 for fiscal year 2005, $145,000,000 for 

4 fiscal year 2006, $150,000,000 for fiscal year 2007, 

5 $155,000,000 for fiscal year 2008, and 

6 $160,000,000 for fiscal year 2009. 

7 (5) STATE TRAFFIC SAFETY INFORMATION IM8 PROVEMENTS.—For carrying out section 412 of title 

9 23, United States Code, $25,000,000 for fiscal year 

10 2004, $30,000,000 for fiscal year 2005, 

11 $35,000,000 for fiscal year 2006, $40,000,000 for 

12 fiscal year 2007, $45,000,000 for fiscal year 2008, 

13 and $50,000,000 for fiscal year 2009. 

14 (6) NATIONAL DRIVER REGISTER.—For car15 rying out chapter 303 of title 49, United States 

16 Code, by the National Highway Traffic Safety Ad17 ministration, $4,000,000 for each of fiscal years 

18 2004 through 2009. 

19 (7) HIGH VISIBILITY ENFORCEMENT PRO20 GRAM.—For carrying out section 2005 of this title, 

21 $10,000,000 for each of fiscal years 2004 through 

22 2009. 

23 (b) APPLICABILITY OF TITLE 23.—Amounts made 

24 available under subsection (a) for each of fiscal years 2004 

25 through 2009 shall be available for obligation in the same 
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1 manner as if such funds were apportioned under chapter 

2 1 of title 23, United States Code. 

3 (c) TRANSFERS.—In each fiscal year, the Secretary 

4 may transfer any amounts remaining available under 

5 paragraph (3), (4), or (5) of subsection (a) to the amounts 

6 made available under any other of such paragraphs in 

7 order to ensure, to the maximum extent possible, that each 

8 State receives the maximum incentive funding for which 

9 the State is eligible under sections 405, 410, and 412 of 

10 title 23, United States Code. 

11 SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. 

12 (a) GENERAL AUTHORITY.—Section 405(a) of title 

13 23, United States Code, is amended—

14 (1) in paragraph (2) by striking ‘‘Transpor15 tation Equity Act for the 21st Century’’ and insert16 ing ‘‘Transportation Equity Act: A Legacy for 

17 Users’’; 

18 (2) in paragraph (3) by striking ‘‘1997’’ and in19 serting ‘‘2003’’; and 

20 (3) in paragraphs (4)(A), (4)(B), and (4)(C) by 

21 inserting after ‘‘years’’ the following: ‘‘beginning 

22 after September 30, 2003,’’. 

23 (b) GRANT ELIGIBILITY.—Section 405(b) of title 23, 

24 United States Code, is amended by striking ‘‘A State shall 

25 become eligible’’ and inserting the following: ‘‘A State 
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1 shall be eligible for a grant under this section if the State 

2 has a seat belt usage rate of 85 percent or greater as of 

3 the date of the grant, as determined by the Secretary. A 

4 State may also become eligible’’. 

5 (c) GRANT AMOUNTS.—Section 405(c) of title 23, 

6 United States Code, is amended—

7 (1) by striking ‘‘25 percent’’ and inserting ‘‘100 

8 percent’’; and 

9 (2) by striking ‘‘1997’’ and inserting ‘‘2003’’. 

10 SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTER11 MEASURES. 

12 (a) GENERAL AUTHORITY.—Section 410(a) of title 

13 23, United States Code, is amended—

14 (1) in paragraph (2) by striking ‘‘Transpor15 tation Equity Act for the 21st Century’’ and insert16 ing ‘‘Transportation Equity Act: A Legacy for 

17 Users’’; 

18 (2) in paragraph (3) by striking ‘‘1997’’ and in19 serting ‘‘2003’’; and 

20 (3) in paragraphs (4)(A), (4)(B), and (4)(C) by 

21 inserting after ‘‘years’’ the following: ‘‘beginning 

22 after September 30, 2003,’’. 

23 (b) BASIC GRANT A.—Section 410(b)(1) of title 23, 

24 United States Code, is amended—
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1 (1) by striking ‘‘A State shall become eligible’’ 

2 and inserting the following: ‘‘A State shall be eligible 

3 for a grant under this paragraph if the State has an 

4 alcohol-related fatality rate per 100,000,000 vehicle 

5 miles traveled of 0.5 or less as of the date of the 

6 grant, as determined by the Secretary using the Fa7 tality Analysis Reporting System of the National 

8 Highway Traffic Safety Administration. A State 

9 may also become eligible’’; 

10 (2) by striking ‘‘at least 5 of’’ and inserting ‘‘at 

11 least 6 of’’; 

12 (3) in subparagraph (A) is amended—

13 (A) by striking ‘‘and’’ at the end of clause 

14 (i)(II); 

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

16 clause (ii) and inserting ‘‘; and’’; and 

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

18 ‘‘(iii) the suspension and revocation 

19 referred to under clause (i) may allow an 

20 individual to operate a motor vehicle to 

21 and from employment or in pursuit of em22 ployment if an ignition interlock device is 

23 installed on each of the motor vehicles 

24 owned or operated, or both, by the indi25 vidual.’’; 
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1 (4) by striking subparagraph (F) and inserting 

2 the following: 

3 ‘‘(F) OUTREACH PROGRAM.—A judicial 

4 and prosecutorial education, training, and out5 reach program that provides information on the 

6 appropriateness and effectiveness of sentencing 

7 options.’’; and 

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

9 ‘‘(H) SELF-SUSTAINING DRUNK DRIVING

10 PREVENTION PROGRAM.—A self-sustaining 

11 drunk driving prevention program under which 

12 a significant portion of the fines or surcharges 

13 collected from individuals apprehended and 

14 fined for operating a motor vehicle while under 

15 the influence of alcohol are returned to those 

16 communities that have comprehensive programs 

17 for the prevention of such operations of motor 

18 vehicles. 

19 ‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL

20 REHABILITATION.—A program for effective in21 patient and outpatient alcohol rehabilitation 

22 based on mandatory assessment and appro23 priate treatment for repeat offenders described 

24 in subparagraph (A)(i)(II).’’. 
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1 (c) BASIC GRANT B.—Section 410(b) of title 23, 

2 United States Code, is amended—

3 (1) by striking paragraph (2) and inserting the 

4 following: 

5 ‘‘(2) BASIC GRANT B.—A State shall become el6 igible for a grant under this paragraph if the 

7 State—

8 ‘‘(A) has an alcohol-related fatality rate 

9 per 100,000,000 vehicle miles traveled of 0.8 or 

10 more as of the date of the grant, as determined 

11 by the Secretary using the Fatality Analysis 

12 Reporting System of the National Highway 

13 Traffic Safety Administration; and 

14 ‘‘(B) establishes, subject to such require15 ments as the Secretary may prescribe, a task 

16 force to evaluate and recommend changes to the 

17 State’s drunk driving programs.’’; and 

18 (2) in paragraph (3)—

19 (A) by striking ‘‘25 percent’’ and inserting 

20 ‘‘100 percent’’; and 

21 (B) by striking ‘‘1997’’ and inserting 

22 ‘‘2003’’. 

23 (d) SUPPLEMENTAL GRANTS.—Section 410(c) of title 

24 23, United States Code, is amended to read as follows: 
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1 ‘‘(c) ALLOCATION FOR BASIC GRANTS B.—Not more 

2 than $20,000,000 per fiscal year of amounts made avail3 able to carry out this section shall be available for making 

4 grants under subsection (b)(2).’’. 

5 SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

6 IMPROVEMENTS. 

7 (a) IN GENERAL.—Chapter 4 of title 23, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘§ 412. State traffic safety information system im11 provements 

12 ‘‘(a) GENERAL AUTHORITY.—

13 ‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject 

14 to the requirements of this section, the Secretary 

15 shall make grants to States that adopt and imple16 ment effective programs to—

17 ‘‘(A) improve the timeliness, accuracy, 

18 completeness, uniformity, integration, and ac19 cessibility of the safety data of the State that 

20 is needed to identify priorities for national, 

21 State, and local highway and traffic safety pro22 grams; 

23 ‘‘(B) evaluate the effectiveness of efforts to 

24 make such improvements; 
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1 ‘‘(C) link these State data systems, includ2 ing traffic records, with other data systems 

3 within the State, such as systems that contain 

4 medical, roadway, and economic data; and 

5 ‘‘(D) improve the compatibility and inter6 operability of the data systems of the State 

7 with national data systems and data systems of 

8 other States and enhance the ability of the Sec9 retary to observe and analyze national trends in 

10 crash occurrences, rates, outcomes, and cir11 cumstances. 

12 ‘‘(2) USE OF GRANTS.—A State may use a 

13 grant received under this section only to implement 

14 such programs. 

15 ‘‘(3) MODEL DATA ELEMENTS.—The Secretary, 

16 in consultation with States and other appropriate 

17 parties, shall determine the model data elements 

18 necessary to observe and analyze State and national 

19 trends in crash occurrences, rates, outcomes, and 

20 circumstances. In order to become eligible for a 

21 grant under this section, a State shall certify to the 

22 Secretary the State’s adoption and use of such 

23 model data elements. 

24 ‘‘(4) MAINTENANCE OF EFFORT.—No grant 

25 may be made to a State under this section in any 
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1 fiscal year unless the State enters into such agree2 ments with the Secretary as the Secretary may re3 quire ensuring that the State will maintain its ag4 gregate expenditures from all other sources for high5 way safety data programs at or above the average 

6 level of such expenditures in the 2 fiscal years pre7 ceding the date of enactment of this section. 

8 ‘‘(5) FEDERAL SHARE.—The Federal share of 

9 the cost of implementing in a fiscal year a program 

10 of a State pursuant to paragraph (1) shall not ex11 ceed 80 percent. 

12 ‘‘(b) FIRST-YEAR GRANTS.—To be eligible for a first13 year grant under this section, a State shall demonstrate 

14 to the satisfaction of the Secretary that the State has—

15 ‘‘(1) established a highway safety data and traf16 fic records coordinating committee with a multidisci17 plinary membership that includes, among others, 

18 managers, collectors, and users of traffic records 

19 and public health and injury control data systems; 

20 and 

21 ‘‘(2) developed a multiyear highway safety data 

22 and traffic records system strategic plan that ad23 dresses existing deficiencies in the State’s highway 

24 safety data and traffic records system and is ap-
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1 proved by the highway safety data and traffic 

2 records coordinating committee and—

3 ‘‘(A) specifies how existing deficiencies in 

4 the State’s highway safety data and traffic 

5 records system were identified; 

6 ‘‘(B) prioritizes, based on the identified 

7 highway safety data and traffic records system 

8 deficiencies, the highway safety data and traffic 

9 records system needs and goals of the State, in10 cluding the activities described in subsection 

11 (a)(1); 

12 ‘‘(C) identifies performance-based meas13 ures by which progress toward those goals will 

14 be determined; 

15 ‘‘(D) specifies how the grant funds and 

16 any other funds of the State will be used to ad17 dress needs and goals identified in the 

18 multiyear plan; and 

19 ‘‘(E) includes a current report on the 

20 progress in implementing the multiyear plan 

21 that documents progress toward the specified 

22 goals. 

23 ‘‘(c) SUCCEEDING-YEAR GRANTS.— 

24 ‘‘(1) ELIGIBILITY.—A State shall be eligible for 

25 a grant under this subsection in a fiscal year suc-
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1 ceeding the first fiscal year in which the State re2 ceives a grant under subsection (b) if the State, to 

3 the satisfaction of the Secretary—

4 ‘‘(A) submits an updated multiyear plan 

5 that meets the requirements of subsection 

6 (b)(2); 

7 ‘‘(B) certifies that its highway safety data 

8 and traffic records coordinating committee con9 tinues to operate and supports the multiyear 

10 plan; 

11 ‘‘(C) specifies how the grant funds and any 

12 other funds of the State will be used to address 

13 needs and goals identified in the multiyear plan; 

14 ‘‘(D) demonstrates measurable progress to15 ward achieving the goals and objectives identi16 fied in the multiyear plan; and 

17 ‘‘(E) includes a current report on the 

18 progress in implementing the multiyear plan. 

19 ‘‘(d) GRANT AMOUNTS.—

20 ‘‘(1) IN GENERAL.—The amount of a grant 

21 made to a State for a fiscal year under this section 

22 shall equal an amount determined by multiplying—

23 ‘‘(A) the amount appropriated to carry out 

24 this section for such fiscal year; by 
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1 ‘‘(B) the ratio that the funds apportioned 

2 to the State under section 402 for fiscal year 

3 2003 bears to the funds apportioned to all 

4 States under section 402 for fiscal year 2003. 

5 ‘‘(2) MINIMUM AMOUNT.—Notwithstanding 

6 subparagraph (A)—

7 ‘‘(A) a State eligible for a first-year grant 

8 under this section shall not receive less than 

9 $300,000; and 

10 (B) a State eligible for a succeeding-year 

11 grant under this section shall not receive less 

12 than $500,000. 

13 ‘‘(e) ADMINISTRATIVE EXPENSES.—Funds author14 ized to be appropriated to carry out this section in a fiscal 

15 year shall be subject to a deduction not to exceed 5 percent 

16 for the necessary costs of administering the provisions of 

17 this section. 

18 ‘‘(f) APPLICABILITY OF CHAPTER 1.—The provisions 

19 contained in section 402(d) shall apply to this section.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 chapter 4 of title 23, United States Code, is amended by 

22 adding at the end the following:

‘‘412. State traffic safety information system improvements.’’.

23 SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

24 The Secretary shall establish a program to support 

25 national impaired driving mobilization and enforcement ef-
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1 forts and national safety belt mobilization and enforce2 ment, including the purchase of national paid advertise3 ment (including production and placement) to support 

4 such efforts. 

5 SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY. 

6 (a) IN GENERAL.—Using funds made available to 

7 carry out section 403 of title 23, United States Code, the 

8 Secretary shall conduct a study of the causes of motorcycle 

9 crashes. 

10 (b) REPORT.—Not later than 3 years after the date 

11 of enactment of this Act, the Secretary shall transmit to 

12 Congress a report on the results of the study. 

13 SEC. 2007. CHILD SAFETY AND BOOSTER SEATS. 

14 [Reserved.]

15 TITLE III—FEDERAL TRANSIT 

16 ADMINISTRATION PROGRAMS 

17 SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, 

18 UNITED STATES CODE. 

19 (a) SHORT TITLE.—This title may be cited as the 

20 ‘‘Federal Public Transportation Act of 2004’’. 

21 (b) AMENDMENTS TO TITLE 49, UNITED STATES

22 CODE.—Except as otherwise specifically provided, when23 ever in this title an amendment or repeal is expressed in 

24 terms of an amendment to, or repeal of, a section or other 

25 provision of law, the reference shall be considered to be 
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1 made to a section or other provision of title 49, United 

2 States Code. 

3 SEC. 3002. POLICIES, FINDINGS, AND PURPOSES. 

4 (a) IN GENERAL.—Section 5301(a) is amended to 

5 read as follows: 

6 ‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB7 LIC TRANSPORTATION SYSTEMS.—It is in the interest of 

8 the United States to foster the development and revitaliza9 tion of public transportation systems that—

10 ‘‘(1) maximize the safe, secure, and efficient 

11 mobility of individuals; 

12 ‘‘(2) minimize environmental impacts; and 

13 ‘‘(3) minimize transportation-related fuel con14 sumption and reliance on foreign oil.’’. 

15 (b) PRESERVING THE ENVIRONMENT.—Section 

16 5301(e) is amended—

17 (1) by striking ‘‘an urban’’ and inserting ‘‘a’’; 

18 and 

19 (2) by striking ‘‘under sections 5309 and 5310 

20 of this title’’. 

21 (c) GENERAL PURPOSES.—Section 5301(f) is amend22 ed—

23 (1) in paragraph (1)—

24 (A) by striking ‘‘mass’’ the first place it 

25 appears and inserting ‘‘public’’; and 
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1 (B) by striking ‘‘public and private mass 

2 transportation companies’’ and inserting ‘‘both 

3 public transportation companies and private 

4 companies engaged in public transportation’’; 

5 (2) in paragraph (2)—

6 (A) by striking ‘‘urban mass’’ and insert7 ing ‘‘public’’; and 

8 (B) by striking ‘‘public and private mass 

9 transportation companies’’ and inserting ‘‘both 

10 public transportation companies and private 

11 companies engaged in public transportation’’; 

12 (3) in paragraph (3)—

13 (A) by striking ‘‘urban mass’’ and insert14 ing ‘‘public’’; and 

15 (B) by striking ‘‘public or private mass 

16 transportation companies’’ and inserting ‘‘pub17 lic transportation companies or private compa18 nies engaged in public transportation’’; and 

19 (4) in paragraph (5) by striking ‘‘urban mass’’ 

20 and inserting ‘‘public’’. 

21 SEC. 3003. DEFINITIONS. 

22 (a) LEAD-IN.—Section 5302(a) is amended in the 

23 matter preceding paragraph (1) by striking ‘‘In this chap24 ter’’ and inserting ‘‘Except as otherwise specifically pro25 vided, in this chapter’’. 
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1 (b) CAPITAL PROJECT.—Section 5302(a)(1) is 

2 amended—

3 (1) in subparagraph (G) by inserting ‘‘construc4 tion, renovation, and improvement of intercity bus 

5 stations and terminals,’’ before ‘‘and the renovation 

6 and improvement of historic transportation facili7 ties,’’; 

8 (2) in subparagraph (G)(ii) by inserting ‘‘(other 

9 than a intercity bus station or terminal)’’ after 

10 ‘‘commercial revenue-producing facility’’; 

11 (3) by striking ‘‘or’’ at the end of subparagraph 

12 (H); 

13 (4) by striking the period at the end of sub14 paragraph (I) and inserting a semicolon; and 

15 (5) by adding at the end the following: 

16 ‘‘(J) crime prevention and security—

17 ‘‘(i) including—

18 ‘‘(I) projects to refine and de19 velop security and emergency response 

20 plans; 

21 ‘‘(II) projects aimed at detecting 

22 chemical and biological agents in pub23 lic transportation; 

24 ‘‘(III) the conduct of emergency 

25 response drills with public transpor-
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1 tation agencies and local first re2 sponse agencies; and 

3 ‘‘(IV) security training for public 

4 transportation employees; but 

5 ‘‘(ii) excluding all expenses related to 

6 operations, other than such expenses in7 curred in conducting activities described in 

8 subclauses (III) and (IV); 

9 ‘‘(K) establishment of a debt service re10 serve made up of deposits with a bondholders’ 

11 trustee in a noninterest bearing account for the 

12 purpose of ensuring timely payment of principal 

13 and interest on bonds issued by a grant recipi14 ent for purposes of financing an eligible project 

15 under this chapter; or 

16 ‘‘(L) mobility management—

17 ‘‘(i) consisting of short-range planning 

18 and management activities and projects for 

19 improving coordination among public 

20 transportation and other transportation 

21 service providers carried out by a recipient 

22 or subrecipient through an agreement en23 tered into with a person, including a gov24 ernmental entity, under this chapter (other 

25 than section 5309); but 
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1 ‘‘(ii) excluding operating public trans2 portation services.’’. 

3 (c) INDIVIDUAL WITH A DISABILITY.—Section 

4 5302(a)(5) is amended—

5 (1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ 

6 and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; 

7 and 

8 (2) by striking ‘‘handicapped individual’’ and 

9 inserting ‘‘individual with a disability’’. 

10 (d) MASS TRANSPORTATION.—Section 5302(a)(7) is 

11 amended to read as follows: 

12 ‘‘(7) MASS TRANSPORTATION.—The term ‘mass 

13 transportation’ means public transportation.’’. 

14 (e) PUBLIC TRANSPORTATION.—Section 5302(a)(10) 

15 is amended to read as follows: 

16 ‘‘(10) PUBLIC TRANSPORTATION.—The term 

17 ‘public transportation’ means transportation by a 

18 conveyance that provides regular and continuing 

19 general or special transportation to the public, but 

20 does not include schoolbus, charter, or sightseeing 

21 transportation.’’. 

22 (f) URBANIZED AREA.—Section 5302(a)(17) is 

23 amended to read as follows: 

24 ‘‘(17) URBANIZED AREA.—The term ‘urbanized 

25 area’ means an area encompassing a population of 
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1 at least 50,000 people that has been defined and 

2 designated in the latest decennial census as an ur3 banized area by the Secretary of Commerce.’’. 

4 (g) AUTHORITY TO MODIFY DEFINITION.—Section 

5 5302(b) is amended—

6 (1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ 

7 and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; 

8 and 

9 (2) by striking ‘‘handicapped individual’’ and 

10 inserting ‘‘individual with a disability’’. 

11 SEC. 3004. METROPOLITAN PLANNING. 

12 Section 5303 is amended to read as follows: 

13 ‘‘§ 5303. Metropolitan planning 

14 ‘‘(a) IN GENERAL.—Grants made under sections 

15 5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be 

16 carried out in accordance with the metropolitan planning 

17 provisions of chapter 52. 

18 ‘‘(b) CERTIFICATION.—

19 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

20 and certify that each metropolitan planning organi21 zation in each transportation management area is 

22 carrying out its responsibilities under applicable laws 

23 of the United States. The Secretary may make the 

24 certification only if the organization is complying 

25 with chapter 52 and other applicable requirements 
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1 of laws of the United States and the organization 

2 and chief executive officer have approved a transpor3 tation improvement program for the area. 

4 ‘‘(2) LIMITATION ON WITHHOLDING CERTIFI5 CATION.—The Secretary may not withhold certifi6 cation based on the policies and criteria a metropoli7 tan planning organization or mass transportation 

8 grant recipient establishes under section 5306(a) for 

9 deciding the feasibility of private enterprise partici10 pation.’’. 

11 SEC. 3005. STATEWIDE PLANNING. 

12 (a) IN GENERAL.—Section 5304 is amended to read 

13 as follows: 

14 ‘‘§ 5304. Statewide planning 

15 ‘‘Grants made under sections 5307, 5308, 5309, 

16 5310, 5311, 5316, and 5317 shall be carried out in ac17 cordance with the statewide planning provisions of chapter 

18 52.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 chapter 53 is amended by striking the item relating to 

21 section 5304 and inserting the following:

‘‘5304. Statewide planning.’’.

22 SEC. 3006. PLANNING PROGRAMS. 

23 (a) IN GENERAL.—Section 5305 is amended to read 

24 as follows: 
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1 ‘‘§ 5305. Planning programs 

2 ‘‘(a) STATE DEFINED.—In this section the term 

3 ‘State’ means a State of the United States, the District 

4 of Columbia, and Puerto Rico. 

5 ‘‘(b) GENERAL AUTHORITY.—

6 ‘‘(1) ASSISTANCE.—Under criteria to be estab7 lished by the Secretary, the Secretary may provide 

8 assistance for—

9 ‘‘(A) the development of transportation 

10 plans and programs; 

11 ‘‘(B) planning, engineering, designing, and 

12 evaluating a public transportation project; and 

13 ‘‘(C) for other technical studies. 

14 ‘‘(2) GRANTS, AGREEMENTS, AND CON15 TRACTS.—The Secretary may provide assistance 

16 under paragraph (1)—

17 ‘‘(A) by making grants to States, authori18 ties of States, metropolitan planning organiza19 tions, and local governmental authorities; or 

20 ‘‘(B) by making agreements with other de21 partments, agencies, and instrumentalities of 

22 the Government. 

23 ‘‘(3) ELIGIBLE ACTIVITIES.—Activities eligible 

24 for assistance under paragraph (1) include the fol25 lowing: 
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1 ‘‘(A) Studies related to management, plan2 ning, operations, capital requirements, and eco3 nomic feasibility. 

4 ‘‘(B) Evaluating previously financed 

5 projects. 

6 ‘‘(C) Peer reviews and exchanges of tech7 nical data, information, assistance, and related 

8 activities in support of planning and environ9 mental analyses among metropolitan planning 

10 organizations and other transportation plan11 ners. 

12 ‘‘(D) Other similar and related activities 

13 preliminary to and in preparation for con14 structing, acquiring, or improving the operation 

15 of facilities and equipment. 

16 ‘‘(c) PURPOSE.—To the extent practicable, the Sec17 retary shall ensure that amounts appropriated or made 

18 available under section 5338 to carry out this section and 

19 sections 5303 and 5304 are used to support balanced and 

20 comprehensive transportation planning that considers the 

21 relationships among land use and all transportation 

22 modes, without regard to the programmatic source of the 

23 planning amounts. 

24 ‘‘(d) METROPOLITAN PLANNING PROGRAM.—

25 ‘‘(1) APPORTIONMENT TO STATES.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 apportion 80 percent of the amounts made 

3 available under subsection (g)(1) among the 

4 States to carry out sections 5303 and 5306 in 

5 the ratio that—

6 ‘‘(i) the population of urbanized areas 

7 in each State, as shown by the latest avail8 able decennial census of population; bears 

9 to 

10 ‘‘(ii) the total population of urbanized 

11 areas in all States, as shown by that cen12 sus. 

13 ‘‘(B) MINIMUM APPORTIONMENT.—Not14 withstanding subparagraph (A), a State may 

15 not receive less than 0.5 percent of the amount 

16 apportioned under this paragraph. 

17 ‘‘(2) ALLOCATION TO MPO’S.—Amounts appor18 tioned to a State under paragraph (1) shall be made 

19 available promptly after allocation to metropolitan 

20 planning organizations in the State designated under 

21 this section under a formula that—

22 ‘‘(A) considers population of urbanized 

23 areas; 
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1 ‘‘(B) provides an appropriate distribution 

2 for urbanized areas to carry out the cooperative 

3 processes described in this section; 

4 ‘‘(C) the State develops in cooperation with 

5 the metropolitan planning organizations; and 

6 ‘‘(D) the Secretary approves. 

7 ‘‘(3) SUPPLEMENTAL AMOUNTS—

8 ‘‘(A) IN GENERAL.—The Secretary shall 

9 apportion 20 percent of the amounts made 

10 available under subsection (g)(1) among the 

11 States to supplement allocations made under 

12 paragraph (1) for metropolitan planning organi13 zations. 

14 ‘‘(B) FORMULA.—The Secretary shall ap15 portion amounts referred to in subparagraph 

16 (A) under a formula that reflects the additional 

17 cost of carrying out planning, programming, 

18 and project selection responsibilities under sec19 tions 5303 and 5306 in certain urbanized 

20 areas. 

21 ‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.—

22 ‘‘(1) APPORTIONMENT TO STATES.—

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 apportion the amounts made available under 

25 subsection (g)(2) among the States for grants 
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1 and contracts to carry out sections 5303 

2 through 5306, 5312, 5315, and 5322 in the 

3 ratio that—

4 ‘‘(i) the population of urbanized areas 

5 in each State, as shown by the latest avail6 able decennial census; bears to 

7 ‘‘(ii) the population of urbanized areas 

8 in all States, as shown by that census. 

9 ‘‘(B) MINIMUM APPORTIONMENT.—Not10 withstanding subparagraph (A), a State may 

11 not receive less than 0.5 percent of the amount 

12 apportioned under this paragraph. 

13 ‘‘(2) SUPPLEMENTAL AMOUNTS—A State, as 

14 the State considers appropriate, may authorize part 

15 of the amount made available under this subsection 

16 to be used to supplement amounts made available 

17 under subsection (d). 

18 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The Gov19 ernment’s share of the cost of an activity funded using 

20 amounts made available under this section may not exceed 

21 80 percent of the cost of the activity unless the Secretary 

22 determines that it is in the interests of the Government 

23 not to require a State or local match. 

24 ‘‘(g) ALLOCATION OF FUNDS.—Of the funds made 

25 available by or appropriated to carry out this section 
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1 under section 5338(c) for fiscal years 2004 through 

2 2009—

3 ‘‘(1) 82.72 percent shall be available for the 

4 metropolitan planning program under subsection (d); 

5 and 

6 ‘‘(2) 17.28 percent shall be available to carry 

7 out subsection (e). 

8 ‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned 

9 under this section in a State shall remain available for 

10 obligation in that State for a period of 3 years after the 

11 last day of the fiscal year for which the funds are author12 ized. Any amounts so apportioned that remain unobligated 

13 at the end of that period shall be reapportioned among 

14 the States.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 53 is amended by striking the item relating to 

17 section 5305 and inserting the following:

‘‘5305. Planning programs.’’.

18 SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION. 

19 (a) SECTION HEADING.—Section 5306 is amended by 

20 striking the section heading and inserting the following: 

21 ‘‘§ 5306. Private enterprise participation in planning; 

22 relationship to other limitations’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 chapter 53 is amended by striking the item relating to 

25 section 5306 and inserting the following:
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‘‘5306. Private enterprise participation in planning; relationship to other limitations.’’.

1 SEC. 3008. URBANIZED AREA FORMULA GRANTS. 

2 (a) TECHNICAL AMENDMENTS.—Section 5307 is 

3 amended—

4 (1) by striking subsections (h) and (k); and 

5 (2) by redesignating subsections (i), (j), (l), 

6 (m), and (n) as subsections (h), (i), (j), (k), and (l), 

7 respectively. 

8 (b) DEFINITIONS.—Section 5307(a)(2)(A) is amend9 ed—

10 (1) by striking by striking ‘‘a person’’ and in11 serting ‘‘an entity’’; and 

12 (2) by striking ‘‘section 5305(a) of this title’’ 

13 and inserting ‘‘chapter 52’’. 

14 (c) GENERAL AUTHORITY.—Section 5307(b) is 

15 amended—

16 (1) by striking paragraph (1) and inserting the 

17 following: 

18 ‘‘(1) GRANTS.—The Secretary may make 

19 grants under this section for—

20 ‘‘(A) capital projects and associated capital 

21 maintenance items; 

22 ‘‘(B) planning; 

23 ‘‘(C) transit enhancements; and 
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1 ‘‘(D) operating costs of equipment and fa2 cilities for use in public transportation in an ur3 banized area with a population of less than 

4 200,000.’’; 

5 (2) in the heading to paragraph (2) by striking 

6 ‘‘FISCAL YEAR 2003 AND FOR THE PERIOD OF OCTO7 BER 1, 2003, THROUGH FEBRUARY 29, 2004’’ and in8 serting ‘‘FISCAL YEARS 2003 THROUGH 2005’’; 

9 (3) in paragraph (2)(A) by striking ‘‘fiscal year 

10 2003’’ and all that follows through ‘‘2004’’ and in11 serting ‘‘fiscal years 2003, 2004, and 2005,’’; 

12 (4) in paragraph (3) by striking ‘‘section 

13 5305(a) of this title’’ and inserting ‘‘chapter 52’’; 

14 and 

15 (5) in paragraph (3)(A) by striking ‘‘section 

16 5305 of this title’’ and inserting ‘‘chapter 52’’. 

17 (d) GRANT RECIPIENT REQUIREMENTS.—Section 

18 5307(d)(1) is amended—

19 (1) in subparagraph (A) by inserting ‘‘, includ20 ing safety and security aspects of the program’’ 

21 after ‘‘program’’; 

22 (2) in subparagraph (H) by striking ‘‘sections 

23 5301(a) and (d), 5303–5306, and 5310(a)–(d) of 

24 this title’’ and inserting ‘‘subsections (a) and (d) of 

25 section 5301 and sections 5303 through 5306’’; 
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1 (3) in subparagraph (I) by striking ‘‘and’’ at 

2 the end; and 

3 (4) by adding at the end the following: 

4 ‘‘(K) in the case of a recipient for an ur5 banized area with a population of at least 

6 200,000—

7 ‘‘(i) will expend one percent of the 

8 amount the recipient receives each fiscal 

9 year under this section for projects for 

10 transit enhancements, as defined in section 

11 5302(a); and 

12 ‘‘(ii) will submit an annual report list13 ing projects carried out in the preceding 

14 fiscal year with those funds; and’’. 

15 (e) GOVERNMENT’S SHARE OF COSTS.—Section 

16 5307(e) is amended to read as follows: 

17 ‘‘(e) GOVERNMENT’S SHARE OF COSTS.—

18 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

19 project (including associated capital maintenance 

20 items) under this section shall be for 80 percent of 

21 the net project cost of the project. The recipient may 

22 provide additional local matching amounts. 

23 ‘‘(2) OPERATING EXPENSES.—A grant for oper24 ating expenses under this section may not exceed 50 

25 percent of the net project cost of the project. 
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1 ‘‘(3) REMAINDER.—The remainder of the net 

2 project cost shall be provided—

3 ‘‘(A) in cash from sources other than 

4 amounts of the Government or revenues from 

5 providing public transportation (excluding reve6 nues derived from the sale of advertising and 

7 concessions); 

8 ‘‘(B) from an undistributed cash surplus, a 

9 replacement or depreciation cash fund or re10 serve, or new capital; and 

11 ‘‘(C) from amounts received under a serv12 ice agreement with a State or local social serv13 ice agency or private social service organiza14 tion.’’. 

15 (f) REVIEWS, AUDITS, AND EVALUATIONS.—Section 

16 5307(h)(1)(A) (as redesignated by subsection (a) of this 

17 section) is amended by striking ‘‘shall’’ and inserting 

18 ‘‘may’’. 

19 (g) RELATIONSHIP TO OTHER LAWS.—Section 

20 5307(l) (as redesignated by subsection (a) of this section) 

21 is amended—

22 (1) by striking paragraph (1); 

23 (2) by redesignating paragraph (1) as para24 graph (2); 
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1 (3) by inserting ‘‘THIS CHAPTER.—’’ before 

2 ‘‘Section 5302’’; 

3 (4) by adding at the end the following: 

4 ‘‘(2) CHAPTER 15 OF TITLE 5.—The provision 

5 of assistance under this chapter shall not be con6 strued as bringing within the application of chapter 

7 15 of title 5 any nonsupervisory employee of a public 

8 transportation system (or any other agency or entity 

9 performing related functions) to which such chapter 

10 is otherwise inapplicable.’’; and 

11 (5) by aligning the left margin of paragraph (1) 

12 (as so redesignated) with paragraph (2) (as added 

13 by paragraph (4) of this subsection). 

14 SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM. 

15 Section 5308 is amended to read as follows: 

16 ‘‘§ 5308. Clean fuels formula grant program 

17 ‘‘(a) DEFINITIONS.—In this section, the following 

18 definitions apply: 

19 ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel 

20 bus’ means a passenger vehicle used to provide pub21 lic transportation that—

22 ‘‘(A) is powered by—

23 ‘‘(i) compressed natural gas; 

24 ‘‘(ii) liquefied natural gas; 

25 ‘‘(iii) biodiesel fuels; 
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1 ‘‘(iv) batteries; 

2 ‘‘(v) alcohol-based fuels; 

3 ‘‘(vi) hybrid electric; 

4 ‘‘(vii) fuel cell; 

5 ‘‘(viii) clean diesel, to the extent al6 lowed under this section; or 

7 ‘‘(ix) other low or zero emissions tech8 nology; and 

9 ‘‘(B) the Administrator of the Environ10 mental Protection Agency has certified suffi11 ciently reduces harmful emissions. 

12 ‘‘(2) DESIGNATED RECIPIENT.—The term ‘des13 ignated recipient’ has the meaning that term has in 

14 section 5307(a)(2). 

15 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible 

16 project’—

17 ‘‘(A) means a project for—

18 ‘‘(i) purchasing or leasing clean fuel 

19 buses, including buses that employ a light20 weight composite primary structure; 

21 ‘‘(ii) constructing or leasing clean fuel 

22 buses or electrical recharging facilities and 

23 related equipment for such buses; 
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1 ‘‘(iii) improving existing mass trans2 portation facilities to accommodate clean 

3 fuel buses; 

4 ‘‘(iv) repowering pre-1993 bus engines 

5 with clean fuel technology that meets the 

6 current urban bus emission standards; or 

7 ‘‘(v) retrofitting or rebuilding pre8 1993 bus engines if before half life to re9 build; and 

10 ‘‘(B) in the discretion of the Secretary, 

11 may include projects relating to clean fuel, bio12 diesel, hybrid electric, or zero emissions tech13 nology buses that exhibit equivalent or superior 

14 emissions reductions to existing clean fuel or 

15 hybrid electric technologies. 

16 ‘‘(b) AUTHORITY.—The Secretary shall make grants 

17 in accordance with this section to designated recipients to 

18 finance eligible projects. 

19 ‘‘(c) APPLICATION.—

20 ‘‘(1) IN GENERAL.—Not later than January 1 

21 of each year, any designated recipient seeking to 

22 apply for a grant under this section for an eligible 

23 project shall submit an application to the Secretary, 

24 in such form and in accordance with such require25 ments as the Secretary shall establish by regulation. 
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1 ‘‘(2) CERTIFICATION REQUIRED.—An applica2 tion submitted under paragraph (1) shall contain a 

3 certification by the applicant that the grantee will 

4 operate buses purchased with a grant under this sec5 tion only with clean fuels. 

6 ‘‘(d) APPORTIONMENT OF FUNDS.—

7 ‘‘(1) FORMULA.—Not later than February 1 of 

8 each year, the Secretary shall apportion amounts 

9 made available to carry out this section to des10 ignated recipients submitting applications under sub11 section (c), of which—

12 ‘‘(A) two-thirds shall be apportioned to 

13 designated recipients with eligible projects in 

14 urban areas with a population of at least 

15 1,000,000, of which—

16 ‘‘(i) 50 percent shall be apportioned, 

17 such that each such designated recipient 

18 receives a grant under this section in an 

19 amount equal to the ratio that—

20 ‘‘(I) the number of vehicles in the 

21 bus fleet of the eligible project of the 

22 designated recipient, weighted by se23 verity of nonattainment for the area 

24 in which the eligible project is located, 

25 as provided in paragraph (2); bears to 
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1 ‘‘(II) the total number of vehicles 

2 in the bus fleets of all eligible projects 

3 in areas with a population of at least 

4 1,000,000 funded under this section, 

5 weighted by severity of nonattainment 

6 for all areas in which those eligible 

7 projects are located, as provided in 

8 paragraph (2); and 

9 ‘‘(ii) 50 percent shall be apportioned, 

10 such that each such designated recipient 

11 receives a grant under this section in an 

12 amount equal to the ratio that—

13 ‘‘(I) the number of bus passenger 

14 miles (as that term is defined in sec15 tion 5336(c)) of the eligible project of 

16 the designated recipient, weighted by 

17 severity of nonattainment of the area 

18 in which the eligible project is located, 

19 as provided in paragraph (2); bears to 

20 ‘‘(II) the total number of bus 

21 passenger miles of all eligible projects 

22 in areas with a population of at least 

23 1,000,000 funded under this section, 

24 weighted by severity of nonattainment 

25 of all areas in which those eligible 
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1 projects are located, as provided in 

2 paragraph (2); and 

3 ‘‘(B) one-third shall be apportioned to des4 ignated recipients with eligible projects in urban 

5 areas with a population of less than 1,000,000, 

6 of which—

7 ‘‘(i) 50 percent shall be apportioned, 

8 such that each such designated recipient 

9 receives a grant under this section in an 

10 amount equal to the ratio that—

11 ‘‘(I) the number of vehicles in the 

12 bus fleet of the eligible project of the 

13 designated recipient, weighted by se14 verity of nonattainment for the area 

15 in which the eligible project is located, 

16 as provided in paragraph (2); bears to 

17 ‘‘(II) the total number of vehicles 

18 in the bus fleets of all eligible projects 

19 in areas with a population of less than 

20 1,000,000 funded under this section, 

21 weighted by severity of nonattainment 

22 for all areas in which those eligible 

23 projects are located, as provided in 

24 paragraph (2); and 
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1 ‘‘(ii) 50 percent shall be apportioned, 

2 such that each such designated recipient 

3 receives a grant under this section in an 

4 amount equal to the ratio that—

5 ‘‘(I) the number of bus passenger 

6 miles (as that term is defined in sec7 tion 5336(c) of the eligible project of 

8 the designated recipient, weighted by 

9 severity of nonattainment of the area 

10 in which the eligible project is located, 

11 as provided in paragraph (2); and 

12 ‘‘(II) the total number of bus 

13 passenger miles of all eligible projects 

14 in areas with a population of less than 

15 1,000,000 funded under this section, 

16 weighted by severity of nonattainment 

17 of all areas in which those eligible 

18 projects are located, as provided in 

19 paragraph (2). 

20 ‘‘(2) WEIGHTING OF SEVERITY OF NONATTAIN21 MENT.—

22 ‘‘(A) IN GENERAL.—For purposes of para23 graph (1), subject to subparagraph (B), the 

24 number of buses in the bus fleet, or the number 
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1 of passenger miles, shall be multiplied by a fac2 tor of—

3 ‘‘(i) 1.0 if, at the time of the appor4 tionment, the area is a maintenance area 

5 (as that term is defined in section 101 of 

6 title 23) for ozone or carbon monoxide; 

7 ‘‘(ii) 1.1 if, at the time of the appor8 tionment, the area is classified as a mar9 ginal ozone nonattainment area under sub10 part 2 of part D of title I of the Clean Air 

11 Act (42 U.S.C. 7511 et seq.); 

12 ‘‘(iii) 1.2 if, at the time of the appor13 tionment, the area is classified as—

14 ‘‘(I) a moderate ozone nonattain15 ment area under subpart 2 of part D 

16 of title I of the Clean Air Act (42 

17 U.S.C. 7511 et seq.); or 

18 ‘‘(II) a moderate carbon mon19 oxide nonattainment area under sub20 part 3 of part D of title I of the Clean 

21 Air Act (42 U.S.C. 7512 et seq.); 

22 ‘‘(iv) 1.3 if, at the time of the appor23 tionment, the area is classified as a serious 

24 ozone nonattainment area under subpart 2 
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1 of part D of title I of the Clean Air Act 

2 (42 U.S.C. 7511 et seq.); or 

3 ‘‘(v) 1.4 if, at the time of the appor4 tionment, the area is classified as a severe 

5 ozone nonattainment area under subpart 2 

6 of part D of title I of the Clean Air Act 

7 (42 U.S.C. 7511 et seq.); or 

8 ‘‘(vi) 1.5 if, at the time of the appor9 tionment, the area is classified as an ex10 treme ozone nonattainment area under 

11 subpart 2 of part D of title I of the Clean 

12 Air Act (42 U.S.C. 7511 et seq.). 

13 ‘‘(B) ADDITIONAL ADJUSTMENT FOR CAR14 BON MONOXIDE AREAS.—If, in addition to 

15 being classified as a nonattainment or mainte16 nance area (as that term is defined in section 

17 101 of title 23) for ozone under subpart 2 of 

18 part D of title I of the Clean Air Act (42 

19 U.S.C. 7511 et seq.), the area was also classi20 fied under subpart 3 of part D of title I of that 

21 Act (42 U.S.C. 7512 et seq.) as a nonattain22 ment area for carbon monoxide, the weighted 

23 nonattainment or maintenance area fleet and 

24 passenger miles for the eligible project, as cal-
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1 culated under subparagraph (A), shall be fur2 ther multiplied by a factor of 1.2. 

3 ‘‘(3) MAXIMUM GRANT AMOUNT.—

4 ‘‘(A) IN GENERAL.—The amount of a 

5 grant made to a designated recipient under this 

6 section shall not exceed the lesser of—

7 ‘‘(i) for an eligible project in an 

8 area—

9 ‘‘(I) with a population of less 

10 than 1,000,000, $15,000,000; and 

11 ‘‘(II) with a population of at 

12 least 1,000,000, $25,000,000; or 

13 ‘‘(ii) 80 percent of the total cost of 

14 the eligible project. 

15 ‘‘(B) REAPPORTIONMENT.—Any amounts 

16 that would otherwise be apportioned to a des17 ignated recipient under this subsection that ex18 ceed the amount described in subparagraph (A) 

19 shall be reapportioned among other designated 

20 recipients in accordance with paragraph (1). 

21 ‘‘(e) ADDITIONAL REQUIREMENTS.—

22 ‘‘(1) LIMITATION ON USES.—Not less than 5 

23 percent of the amount made available by or appro24 priated under section 5338 in each fiscal year to 

25 carry out this section shall be available for any eligi-
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1 ble projects for which an application is received from 

2 a designated recipient, for—

3 ‘‘(A) the purchase or construction of hy4 brid electric or battery-powered buses; or 

5 ‘‘(B) facilities specifically designed to serv6 ice those buses. 

7 ‘‘(2) CLEAN DIESEL BUSES.—Not more than 35 

8 percent of the amount made available by or appro9 priated under section 5338 in each fiscal year to 

10 carry out this section may be made available to fund 

11 clean diesel buses. 

12 ‘‘(f) AVAILABILITY OF FUNDS.—Any amount made 

13 available or appropriated under this section—

14 ‘‘(1) shall remain available to a project for 1 

15 year after the fiscal year for which the amount is 

16 made available or appropriated; and 

17 ‘‘(2) that remains unobligated at the end of the 

18 period described in paragraph (1) shall be added to 

19 the amount made available in the following fiscal 

20 year.’’. 

21 SEC. 3010. CAPITAL INVESTMENT GRANTS. 

22 (a) SECTION HEADING.—Section 5309 is amended by 

23 striking the section heading and inserting the following: 
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1 ‘‘§ 5309. Capital investment grants’’. 

2 (b) LOANS FOR REAL PROPERTY INTERESTS.—Sec3 tion 5309 is amended—

4 (1) in subsections (a)(1) and (a)(2) by striking 

5 ‘‘and loans’’; 

6 (2) by striking subsections (b) and (c); and 

7 (3) by redesignating subsection (d) as sub8 section (b). 

9 (c) PROJECT AS PART OF APPROVED PROGRAM OF

10 PROJECTS.—Section 5309(b) (as redesignated by sub11 section (b) of this section) is amended—

12 (1) by striking ‘‘Except as provided in sub13 sections (b)(2) and (e) of the section, the’’ and in14 serting ‘‘The’’; and 

15 (2) by striking ‘‘or loan’’. 

16 (d) CRITERIA AND FUNDING.—Section 5309 is 

17 amended by striking subsections (e) through (p) and in18 serting the following: 

19 ‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS OF

20 $75,000,000 OR MORE.—

21 ‘‘(1) FULL FUNDING GRANT AGREEMENT.—A 

22 major new fixed guideway capital project financed 

23 under this subsection shall be carried out through a 

24 full funding grant agreement. The Secretary shall 

25 enter into a full funding grant agreement based on 

26 the evaluations and ratings required under this sub-
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1 section. The Secretary shall not enter into a full 

2 funding grant agreement for a project unless that 

3 project is authorized for final design and construc4 tion. 

5 ‘‘(2) APPROVAL OF GRANTS.—The Secretary 

6 may approve a grant under this section for a major 

7 new fixed guideway capital project only if the Sec8 retary, based upon evaluations and considerations 

9 set forth in paragraph (3), determines that the pro10 posal is—

11 ‘‘(A) based on the results of an alter12 natives analysis and preliminary engineering; 

13 ‘‘(B) justified based on a comprehensive 

14 review of its mobility improvements, environ15 mental benefits, cost effectiveness, operating ef16 ficiencies, transit supportive policies, and exist17 ing land use; and 

18 ‘‘(C) supported by an acceptable degree of 

19 local financial commitment (including evidence 

20 of stable and dependable financing sources) to 

21 construct, maintain, and operate the system or 

22 extension. 

23 ‘‘(3) CONSIDERATIONS.—

24 ‘‘(A) RESULTS OF ALTERNATIVES ANAL25 YSIS AND PRELIMINARY ENGINEERING.—In 
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1 evaluating a proposed project for purposes of 

2 making the finding required by paragraph 

3 (2)(A), the Secretary shall analyze and consider 

4 the results of the alternatives analysis and pre5 liminary engineering for the project. 

6 ‘‘(B) PROJECT JUSTIFICATION.—In evalu7 ating a proposed project for purposes of making 

8 the finding required by paragraph (2)(B), the 

9 Secretary shall—

10 ‘‘(i) consider the direct and indirect 

11 costs of relevant alternatives; 

12 ‘‘(ii) consider factors such as conges13 tion relief, improved mobility, air pollution, 

14 noise pollution, energy consumption, and 

15 all associated ancillary and mitigation 

16 costs necessary to carry out each alter17 native analyzed and recognize reductions in 

18 local infrastructure costs achieved through 

19 compact land use development; 

20 ‘‘(iii) identify and consider public 

21 transportation supportive existing land use 

22 policies and future patterns and the cost of 

23 suburban sprawl; 

24 ‘‘(iv) consider the degree to which the 

25 project increases the mobility of the public 
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1 transportation dependent population or 

2 promotes economic development; 

3 ‘‘(v) consider population density and 

4 current transit ridership in the corridor; 

5 ‘‘(vi) consider the technical capability 

6 of the grant recipient to construct the 

7 project; 

8 ‘‘(vii) adjust the project justification 

9 to reflect differences in local land, con10 struction, and operating costs; and 

11 ‘‘(viii) consider other factors that the 

12 Secretary determines appropriate to carry 

13 out this chapter. 

14 ‘‘(C) LOCAL FINANCIAL COMMITMENT.—In 

15 evaluating a proposed project under paragraph 

16 (2)(C), the Secretary shall require that—

17 ‘‘(i) the proposed project plan pro18 vides for the availability of contingency 

19 amounts that the Secretary determines to 

20 be reasonable to cover unanticipated cost 

21 increases; 

22 ‘‘(ii) each proposed local source of 

23 capital and operating financing is stable, 

24 reliable, and available within the proposed 

25 project timetable; and 
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1 ‘‘(iii) local resources are available to 

2 operate the overall proposed public trans3 portation system (including essential feeder 

4 bus and other services necessary to achieve 

5 the projected ridership levels) without re6 quiring a reduction in existing public 

7 transportation services to operate the pro8 posed project. 

9 ‘‘(D) ASSESSMENT OF LOCAL FINANC10 ING.—In assessing the stability, reliability, and 

11 availability of proposed sources of local financ12 ing under paragraph (2)(C), the Secretary shall 

13 consider—

14 ‘‘(i) existing grant commitments; 

15 ‘‘(ii) the degree to which financing 

16 sources are dedicated to the purposes pro17 posed; 

18 ‘‘(iii) any debt obligation that exists 

19 or is proposed by the recipient for the pro20 posed project or other public transpor21 tation purpose; and 

22 ‘‘(iv) the extent to which the project 

23 has a local financial commitment that ex24 ceeds the required non-Federal share of 

25 the cost of the project. 
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1 ‘‘(4) EVALUATION AND RATING OF

2 PROJECTS.—A proposed project under this sub3 section may advance from alternatives analysis to 

4 preliminary engineering, and may advance from pre5 liminary engineering to final design and construc6 tion, only if the Secretary finds that the project 

7 meets the requirements of this section and there is 

8 a reasonable likelihood that the project will continue 

9 to meet such requirements. In making the findings, 

10 the Secretary shall evaluate and rate the project as 

11 ‘highly recommended’, ‘recommended’, or ‘not rec12 ommended’ based on the results of alternatives anal13 ysis, the project justification criteria, and the degree 

14 of local financial commitment, as required under this 

15 subsection. In rating the projects, the Secretary 

16 shall provide, in addition to the overall project rat17 ing, individual ratings for each of the criteria estab18 lished by regulation. 

19 ‘‘(5) MAJOR DEFINED.—In this section, the 

20 term ‘major’, as used with respect to a new fixed 

21 guideway capital project, means the Federal assist22 ance provided or to be provided under this section 

23 for the project is $75,000,000 or more.

24 ‘‘(d) CAPITAL INVESTMENT GRANTS LESS THAN

25 $75,000,000.—
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1 ‘‘(1) IN GENERAL.—Subject to the provisions of 

2 this subsection, if the Federal assistance provided or 

3 to be provided under this section with respect to a 

4 new fixed guideway capital project is less than 

5 $75,000,000, and not less than $25,000,000, the 

6 project shall be subject to the requirements in this 

7 subsection. 

8 ‘‘(2) SELECTION CRITERIA.—The Secretary 

9 may provide Federal assistance under this sub10 section with respect to a proposed project only if the 

11 Secretary finds that the project is—

12 ‘‘(A) based on the results of planning and 

13 alternatives analysis; 

14 ‘‘(B) justified based on a review of its pub15 lic transportation supportive land use policies, 

16 cost effectiveness, and effect on local economic 

17 development; and 

18 ‘‘(C) supported by an acceptable degree of 

19 local financial commitment. 

20 ‘‘(3) PLANNING AND ALTERNATIVES.—In evalu21 ating a project under paragraph (1)(A), the Sec22 retary shall analyze and consider the results of plan23 ning and alternatives analysis for the project. 
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1 ‘‘(4) PROJECT JUSTIFICATION.—For purposes 

2 of making the finding under paragraph (1)(B), the 

3 Secretary shall—

4 ‘‘(A) determine the degree to which public 

5 transportation supportive land use policies re6 lated to the project are consistent with local 

7 land use policies and are likely to achieve local 

8 developmental goals; 

9 ‘‘(B) determine the cost effectiveness of 

10 the project at the time of the initiation of rev11 enue service; 

12 ‘‘(C) determine the degree to which the 

13 project will have a positive effect on local eco14 nomic development; 

15 ‘‘(D) consider the reliability of the fore16 casts of costs and ridership associated with the 

17 project; and 

18 ‘‘(E) consider other factors that the Sec19 retary determines appropriate to carry out this 

20 subsection. 

21 ‘‘(5) LOCAL FINANCIAL COMMITMENT.—For 

22 purposes of paragraph (1)(C), the Secretary shall re23 quire that each proposed local source of capital and 

24 operating financing is stable, reliable, and available 

25 within the proposed project timetable. 
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1 ‘‘(6) ADVANCEMENT OF PROJECT TO DEVELOP2 MENT AND CONSTRUCTION.—

3 ‘‘(A) GENERAL RULE.—A proposed project 

4 under this subsection may advance from plan5 ning and alternatives analysis to project devel6 opment and construction only if—

7 ‘‘(i) the Secretary finds that the 

8 project meets the requirements of this sub9 section and there is a reasonable likelihood 

10 that the project will continue to meet such 

11 requirements; and 

12 ‘‘(ii) the metropolitan planning orga13 nization has adopted the locally preferred 

14 alternative for the project into the long15 range transportation plan. 

16 ‘‘(B) EVALUATION.—In making the find17 ings under subparagraph (A), the Secretary 

18 shall evaluate and rate the project as ‘rec19 ommended’ or ‘not recommended’ based on the 

20 results of the analysis of the project justifica21 tion criteria and the degree of local financial 

22 commitment, as required by this subsection. 

23 ‘‘(7) CONTENTS OF PROJECT CONSTRUCTION

24 GRANT AGREEMENT.—A project construction grant 

25 agreement under this subsection shall specify the 
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1 scope of the project to be constructed, the estimated 

2 net project cost of the project, the schedule under 

3 which the project shall be constructed, the maximum 

4 amount of funding to be obtained under this sub5 section, the proposed schedule for obligation of fu6 ture Federal grants, and the sources of funding 

7 from other than the Government. The agreement 

8 may include a commitment on the part of the Sec9 retary to provide funding for the project in future 

10 fiscal years. 

11 ‘‘(8) LIMITATION ON ENTRY INTO CONSTRUC12 TION GRANT AGREEMENT.—The Secretary may 

13 enter into a project construction grant agreement 

14 for a project under this subsection only if the project 

15 is authorized for construction and has been rated as 

16 ‘recommended’ under this subsection. 

17 ‘‘(9) REGULATIONS.—Not later than 120 days 

18 after the date of enactment of the Federal Public 

19 Transportation Act of 2004, the Secretary shall 

20 issue regulations establishing an evaluation and rat21 ing process for proposed projects under this sub22 section that is based on the results of project jus23 tification and local financial commitment, as re24 quired under this subsection. 
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1 ‘‘(10) FIXED GUIDEWAY CAPITAL PROJECT.—In 

2 this subsection, the term ‘fixed guideway capital 

3 project’ includes a corridor-based public transpor4 tation bus capital project if the majority of the 

5 project’s corridor right-of-way is dedicated alignment 

6 for exclusive use by public transportation vehicles for 

7 all or part of the day. 

8 ‘‘(e) PREVIOUSLY ISSUED LETTER OF INTENT OR

9 FULL FUNDING GRANT AGREEMENT.—Subsections (c) 

10 and (d) do not apply to projects for which the Secretary 

11 has issued a letter of intent or entered into a full funding 

12 grant agreement before the date of enactment of the Fed13 eral Public Transportation Act of 2004. 

14 ‘‘(f) LETTERS OF INTENT, FULL FUNDING GRANT

15 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE16 MENTS.—

17 ‘‘(1) LETTERS OF INTENT.—

18 ‘‘(A) AMOUNTS INTENDED TO BE OBLI19 GATED.—The Secretary may issue a letter of 

20 intent to an applicant announcing an intention 

21 to obligate, for a capital project under this sec22 tion, an amount from future available budget 

23 authority specified in law that is not more than 

24 the amount stipulated as the financial partici25 pation of the Secretary in the project. When a 
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1 letter is issued for fixed guideway projects, the 

2 amount shall be sufficient to complete at least 

3 an operable segment. 

4 ‘‘(B) TREATMENT.—The issuance of a let5 ter under subparagraph (A) is deemed not to be 

6 an obligation under sections 1108(c), 1108(d), 

7 1501, and 1502(a) of title 31 or an administra8 tive commitment. 

9 ‘‘(2) FULL FUNDING GRANT AGREEMENTS.—

10 ‘‘(A) TERMS.—The Secretary may make a 

11 full funding grant agreement with an applicant. 

12 The agreement shall—

13 ‘‘(i) establish the terms of participa14 tion by the Government in a project under 

15 this section; 

16 ‘‘(ii) establish the maximum amount 

17 of Government financial assistance for the 

18 project; 

19 ‘‘(iii) cover the period of time for com20 pleting the project, including a period ex21 tending beyond the period of an authoriza22 tion; and 

23 ‘‘(iv) make timely and efficient man24 agement of the project easier according to 

25 the law of the United States. 
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1 ‘‘(B) SPECIAL FINANCIAL RULES.—

2 ‘‘(i) IN GENERAL.—An agreement 

3 under this paragraph obligates an amount 

4 of available budget authority specified in 

5 law and may include a commitment, con6 tingent on amounts to be specified in law 

7 in advance for commitments under this 

8 paragraph, to obligate an additional 

9 amount from future available budget au10 thority specified in law. 

11 ‘‘(ii) STATEMENT OF CONTINGENT

12 COMMITMENT.—The agreement shall state 

13 that the contingent commitment is not an 

14 obligation of the Government. 

15 ‘‘(iii) INTEREST AND OTHER FINANC16 ING COSTS.—Interest and other financing 

17 costs of efficiently carrying out a part of 

18 the project within a reasonable time are a 

19 cost of carrying out the project under a 

20 full funding grant agreement, except that 

21 eligible costs may not be more than the 

22 cost of the most favorable financing terms 

23 reasonably available for the project at the 

24 time of borrowing. The applicant shall cer25 tify, in a way satisfactory to the Secretary, 
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1 that the applicant has shown reasonable 

2 diligence in seeking the most favorable fi3 nancing terms. 

4 ‘‘(iv) COMPLETION OF OPERABLE

5 SEGMENT.—The amount stipulated in an 

6 agreement under this paragraph for a fixed 

7 guideway project shall be sufficient to com8 plete at least an operable segment. 

9 ‘‘(3) EARLY SYSTEM WORK AGREEMENTS.—

10 ‘‘(A) CONDITIONS.—The Secretary may 

11 make an early systems work agreement with an 

12 applicant if a record of decision under the Na13 tional Environmental Policy Act of 1969 (42 

14 U.S.C. 4321 et seq.) has been issued on the 

15 project and the Secretary finds there is reason 

16 to believe—

17 ‘‘(i) a full funding grant agreement 

18 for the project will be made; and 

19 ‘‘(ii) the terms of the work agreement 

20 will promote ultimate completion of the 

21 project more rapidly and at less cost. 

22 ‘‘(B) CONTENTS.—

23 ‘‘(i) IN GENERAL.—A work agreement 

24 under this paragraph obligates an amount 

25 of available budget authority specified in 
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1 law and shall provide for reimbursement of 

2 preliminary costs of carrying out the 

3 project, including land acquisition, timely 

4 procurement of system elements for which 

5 specifications are decided, and other activi6 ties the Secretary decides are appropriate 

7 to make efficient, long-term project man8 agement easier. 

9 ‘‘(ii) PERIOD COVERED.—A work 

10 agreement under this paragraph shall 

11 cover the period of time the Secretary con12 siders appropriate. The period may extend 

13 beyond the period of current authorization. 

14 ‘‘(iii) INTEREST AND OTHER FINANC15 ING COSTS.—Interest and other financing 

16 costs of efficiently carrying out the work 

17 agreement within a reasonable time are a 

18 cost of carrying out the agreement, except 

19 that eligible costs may not be more than 

20 the cost of the most favorable financing 

21 terms reasonably available for the project 

22 at the time of borrowing. The applicant 

23 shall certify, in a way satisfactory to the 

24 Secretary, that the applicant has shown 
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1 reasonable diligence in seeking the most 

2 favorable financing terms. 

3 ‘‘(iv) FAILURE TO CARRY OUT

4 PROJECT.—If an applicant does not carry 

5 out the project for reasons within the con6 trol of the applicant, the applicant shall 

7 repay all Government payments made 

8 under the work agreement plus reasonable 

9 interest and penalty charges the Secretary 

10 establishes in the agreement. 

11 ‘‘(4) LIMITATION ON AMOUNTS.—

12 ‘‘(A) PROGRAMMATIC.—The total esti13 mated amount of future obligations of the Gov14 ernment and contingent commitments to incur 

15 obligations covered by all outstanding letters of 

16 intent, full funding grant agreements, and early 

17 systems work agreements under this subsection 

18 may be not more than the greater of the 

19 amount authorized under section 5338(b) for 

20 new fixed guideway capital projects or an 

21 amount equivalent to the last 3 fiscal years of 

22 funding allocated under subsection (m)(1)(B) 

23 for new fixed guideway capital projects, less an 

24 amount the Secretary reasonably estimates is 

25 necessary for grants under this section not cov-
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1 ered by a letter. The total amount covered by 

2 new letters and contingent commitments in3 cluded in full funding grant agreements and 

4 early systems work agreements may be not 

5 more than a limitation specified in law. 

6 ‘‘(B) INCLUSION OF CERTAIN COMMIT7 MENTS.—Future obligations of the Government 

8 and contingent commitments made against the 

9 contingent commitment authority under section 

10 3032(g)(2) of the Intermodal Surface Trans11 portation Efficiency Act of 1991 (106 Stat. 

12 2125) for the San Francisco BART to the Air13 port project for fiscal years 2002, 2003, 2004, 

14 2005, and 2006 shall be charged against sec15 tion 3032(g)(2) of that Act. 

16 ‘‘(C) APPROPRIATION REQUIRED.—An ob17 ligation may be made under this subsection only 

18 when amounts are appropriated for the obliga19 tion. 

20 ‘‘(5) NOTIFICATION OF CONGRESS.—At least 60 

21 days before issuing a letter of intent or entering into 

22 a full funding grant agreement under this sub23 section, the Secretary shall notify, in writing, the 

24 Committee on Transportation and Infrastructure of 

25 the House of Representatives and the Committee on 
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•HR 3550 IH 

1 Banking, Housing, and Urban Affairs of the Senate 

2 of the proposed letter or agreement. The Secretary 

3 shall include with the notification a copy of the pro4 posed letter or agreement as well as the evaluations 

5 and ratings for the project. 

6 ‘‘(g) GOVERNMENT’S SHARE OF NET PROJECT

7 COST.—

8 ‘‘(1) FEDERAL SHARE.—Based on engineering 

9 studies, studies of economic feasibility, and informa10 tion on the expected use of equipment or facilities, 

11 the Secretary shall estimate the net project cost. A 

12 grant for the project shall be for 80 percent of the 

13 net capital project cost, unless the grant recipient 

14 requests a lower grant percentage. 

15 ‘‘(2) REMAINDER OF NET PROJECT COST.—The 

16 remainder of net project costs shall be provided from 

17 an undistributed cash surplus, a replacement or de18 preciation cash fund or reserve, or new capital. 

19 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC20 TION.—Nothing in this section, including paragraph 

21 (1) and subsections (c)(3)(D)(iv) and (c)(4), shall be 

22 construed as authorizing the Secretary to require a 

23 non-Federal financial commitment for a project that 

24 is more than 20 percent of the net capital project 

25 cost. 
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•HR 3550 IH 

1 ‘‘(4) SPECIAL RULE FOR ROLLING STOCK

2 COSTS.—In addition to amounts allowed pursuant to 

3 paragraph (1), a planned extension to a fixed guide4 way system may include the cost of rolling stock pre5 viously purchased if the applicant satisfies the Sec6 retary that only amounts other than amounts of the 

7 Government were used and that the purchase was 

8 made for use on the extension. A refund or reduc9 tion of the remainder may be made only if a refund 

10 of a proportional amount of the grant of the Govern11 ment is made at the same time. 

12 ‘‘(5) LIMITATION ON APPLICABILITY.—This 

13 subsection does not apply to projects for which the 

14 Secretary has entered into a full funding grant 

15 agreement before the date of enactment of the Fed16 eral Public Transportation Act of 2004. 

17 ‘‘(h) FISCAL CAPACITY CONSIDERATIONS.—If the 

18 Secretary gives priority consideration to financing projects 

19 that include more than the non-Government share re20 quired under subsection (g), the Secretary shall give equal 

21 consideration to differences in the fiscal capacity of State 

22 and local governments. 

23 ‘‘(i) REPORTS ON NEW STARTS.—

24 ‘‘(1) ANNUAL DOT REPORT.—Not later than 

25 the first Monday in February of each year, the Sec-
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•HR 3550 IH 

1 retary shall submit to the Committee on Transpor2 tation and Infrastructure of the House of Represent3 atives and the Committee on Banking, Housing, and 

4 Urban Affairs of the Senate a report that includes—

5 ‘‘(A) a proposal of allocations of amounts 

6 to be available to finance grants for new fixed 

7 guideway capital projects among applicants for 

8 these amounts; 

9 ‘‘(B) evaluations and ratings, as required 

10 under subsection (c), for each such project that 

11 is authorized by the Federal Public Transpor12 tation Act of 2004; and 

13 ‘‘(C) recommendations of such projects for 

14 funding based on the evaluations and ratings 

15 and on existing commitments and anticipated 

16 funding levels for the next 3 fiscal years and for 

17 the next 10 fiscal years based on information 

18 currently available to the Secretary. 

19 ‘‘(2) ANNUAL GAO REVIEW.—The Comptroller 

20 General shall—

21 ‘‘(A) conduct an annual review of—

22 ‘‘(i) the processes and procedures for 

23 evaluating, rating, and recommending new 

24 fixed guideway capital projects; and 
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•HR 3550 IH 

1 ‘‘(ii) the Secretary’s implementation 

2 of such processes and procedures; and 

3 ‘‘(B) report to Congress on the results of 

4 such review by May 31 of each year. 

5 ‘‘(j) UNDERTAKING PROJECTS IN ADVANCE.—

6 ‘‘(1) IN GENERAL.—The Secretary may pay the 

7 Government’s share of the net capital project cost to 

8 a State or local governmental authority that carries 

9 out any part of a project described in this section 

10 without the aid of amounts of the Government and 

11 according to all applicable procedures and require12 ments if—

13 ‘‘(A) the State or local governmental au14 thority applies for the payment; 

15 ‘‘(B) the Secretary approves the payment; 

16 and 

17 ‘‘(C) before carrying out the part of the 

18 project, the Secretary approves the plans and 

19 specifications for the part in the same way as 

20 other projects under this section. 

21 ‘‘(2) FINANCING COSTS.—

22 ‘‘(A) IN GENERAL.—The cost of carrying 

23 out part of a project includes the amount of in24 terest earned and payable on bonds issued by 

25 the State or local governmental authority to the 
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•HR 3550 IH 

1 extent proceeds of the bonds are expended in 

2 carrying out the part. 

3 ‘‘(B) LIMITATION ON AMOUNT OF INTER4 EST.—The amount of interest under this para5 graph may not be more than the most favorable 

6 interest terms reasonably available for the 

7 project at the time of borrowing. 

8 ‘‘(C) CERTIFICATION.—The applicant shall 

9 certify, in a manner satisfactory to the Sec10 retary, that the applicant has shown reasonable 

11 diligence in seeking the most favorable financial 

12 terms. 

13 ‘‘(3) CAPITAL PROJECT COST INDICES.—The 

14 Secretary shall consider changes in capital project 

15 cost indices when determining the estimated cost 

16 under paragraph (2). 

17 ‘‘(k) BUS AND BUS FACILITY GRANTS.—In making 

18 grants under subsection (m)(1)(C), the Secretary shall 

19 consider the age of buses, bus fleets, related equipment, 

20 and bus-related facilities. 

21 ‘‘(l) AVAILABILITY OF AMOUNTS.—An amount made 

22 available or appropriated under section 5338(b) for re23 placement, rehabilitation, and purchase of buses and re24 lated equipment and construction of bus-related facilities 

25 or for new fixed guideway capital projects shall remain 
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•HR 3550 IH 

1 available for 3 fiscal years, including the fiscal year in 

2 which the amount is made available or appropriated. Any 

3 of such amounts that are unobligated at the end of the 

4 3-fiscal-year period shall be deobligated and may be used 

5 by the Secretary for any purpose under this section. 

6 ‘‘(m) ALLOCATING AMOUNTS.—

7 ‘‘(1) IN GENERAL.—After the allocation under 

8 section 5338(b)(2)(C) for a fiscal year and subject 

9 to paragraph (4), the remainder of the amounts 

10 made available by or appropriated under section 

11 5338(b) for grants under this section for such fiscal 

12 year shall be allocated as follows: 

13 ‘‘(A) 40 percent for fixed guideway mod14 ernization; 

15 ‘‘(B) 40 percent for major new fixed guide16 way capital projects; and 

17 ‘‘(C) 20 percent to replace, rehabilitate, 

18 and purchase buses and related equipment and 

19 to construct bus-related facilities. 

20 ‘‘(2) LIMITATION ON AMOUNTS.—Not more 

21 than 8 percent of the amounts made available in 

22 each fiscal year by paragraph (l)(B) shall be avail23 able for alternatives analysis and preliminary engi24 neering. 
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•HR 3550 IH 

1 ‘‘(3) FUNDING FOR FERRY BOAT SYSTEMS.—Of 

2 the amounts made available under paragraph (1)(B), 

3 $10,400,000 shall be available in each of fiscal years 

4 2004 through 2009 for new fixed guideway capital 

5 projects in Alaska or Hawaii that are for ferry boats 

6 or ferry terminal facilities or that are for approaches 

7 to ferry terminal facilities. 

8 ‘‘(4) SOURCES OF FUNDING.—All amounts allo9 cated for fixed guideway modernization and all 

10 amounts allocated to replace, rehabilitate, and pur11 chase buses and related equipment and to construct 

12 bus-related facilities under paragraph (1) shall be 

13 derived from the Mass Transit Account of the High14 way Trust Fund. All amounts allocated for new 

15 fixed guideway capital projects under paragraph (1) 

16 shall be derived from the general fund of the Treas17 ury. 

18 ‘‘(n) NEW FIXED GUIDEWAY CAPITAL PROJECT DE19 FINED.—In this section, the term ‘new fixed guideway 

20 capital project’ means a minimum operable segment of a 

21 capital project for a new fixed guideway system or exten22 sion to an existing fixed guideway system.’’. 

23 (e) CONFORMING AMENDMENTS.—
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•HR 3550 IH 

1 (1) CHAPTER ANALYSIS.—The analysis for 

2 chapter 53 is amended by striking the item relating 

3 to section 5309 and inserting the following:

‘‘5309. Capital investment grants.’’.

4 (2) SECTION 5328.—Section 5328(a) is amend5 ed—

6 (A) in paragraph (2) by striking ‘‘5309(e)’’ 

7 and inserting ‘‘5309(c)’’; and 

8 (B) in paragraph (4) by striking ‘‘under 

9 section 5309(o)(1)’’ and inserting ‘‘under sec10 tion 5309(i)(1)’’. 

11 SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF EL12 DERLY INDIVIDUALS AND INDIVIDUALS WITH 

13 DISABILITIES. 

14 (a) IN GENERAL.—Section 5310 is amended—

15 (1) by striking the section heading and insert16 ing the following: 

17 ‘‘§ 5310. Formula grants for special needs of elderly 

18 individuals and individuals with disabil19 ities’’; 

20 (2) by striking subsections (a) through (g) and 

21 inserting the following: 

22 ‘‘(a) GENERAL AUTHORITY.—

23 ‘‘(1) GRANTS.—The Secretary may make 

24 grants to States and local governmental authorities 

25 under this section for public transportation capital 
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•HR 3550 IH 

1 projects, and operating costs associated with public 

2 transportation capital projects, planned, designed, 

3 and carried out to meet the special needs of elderly 

4 individuals and individuals with disabilities. 

5 ‘‘(2) SUBRECIPIENTS.—A State that receives a 

6 grant under this section may allocate the amounts of 

7 the grant to—

8 ‘‘(A) a private nonprofit organization if the 

9 public transportation service provided under 

10 paragraph (1) is unavailable, insufficient, or in11 appropriate; or 

12 ‘‘(B) a governmental authority that—

13 ‘‘(i) is approved by the State to co14 ordinate services for elderly individuals and 

15 individuals with disabilities; or 

16 ‘‘(ii) certifies that there are not any 

17 nonprofit organizations readily available in 

18 the area to provide the services described 

19 under paragraph (1). 

20 ‘‘(3) ACQUIRING PUBLIC TRANSPORTATION

21 SERVICES.—A public transportation capital project 

22 under this section may include acquisition by a re23 cipient of public transportation services as an eligi24 ble capital expense. 
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•HR 3550 IH 

1 ‘‘(4) ADMINISTRATIVE EXPENSES.—A State or 

2 local governmental authority may use not more than 

3 10 percent of the amounts apportioned to the State 

4 under this section to administer, plan, and provide 

5 technical assistance for a project funded under this 

6 section. 

7 ‘‘(b) APPORTIONMENT AND TRANSFERS.—

8 ‘‘(1) APPORTIONMENT FORMULA.—The Sec9 retary shall apportion amounts made available to 

10 carry out this section under a formula the Secretary 

11 administers that considers the number of elderly in12 dividuals and individuals with disabilities in each 

13 State. 

14 ‘‘(2) TRANSFERS.—Any State’s apportionment 

15 remaining available for obligation at the beginning 

16 of the 90-day period before the end of the period of 

17 availability of the apportionment is available to the 

18 State for transfer to supplement amounts appor19 tioned to the State under section 5311(c) or 

20 5336(a)(1), or both. Any funds transferred pursuant 

21 to this paragraph shall be made available only for el22 igible projects as described in this section. 

23 ‘‘(c) GOVERNMENT’S SHARE OF COSTS.—

24 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

25 project under this section shall be for 80 percent of 
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•HR 3550 IH 

1 the net capital costs of the project, as determined by 

2 the Secretary; except that in the case of a State de3 scribed in section 120(b)(1) of title 23, such percent4 age shall be increased in accordance with such sec5 tion. 

6 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

7 under this section for operating assistance may not 

8 exceed 50 percent of the net operating costs of the 

9 project, as determined by the Secretary. 

10 ‘‘(3) REMAINDER.—The remainder of the net 

11 project costs—

12 ‘‘(A) may be provided from an undistrib13 uted cash surplus, a replacement or deprecia14 tion cash fund or reserve, a service agreement 

15 with a State or local social service agency or a 

16 private social service organization, or new cap17 ital; and 

18 ‘‘(B) may be derived from amounts appro19 priated to or made available to a department or 

20 agency of the Government (other than the De21 partment of Transportation) that are eligible to 

22 be expended for transportation. 

23 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

24 of paragraph (3)(B), the prohibitions on the use of 

25 funds for matching requirements under section 
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•HR 3550 IH 

1 403(a)(5)(C)(vii) of the Social Security Act (42 

2 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

3 or State funds to be used for transportation pur4 poses. 

5 ‘‘(d) GRANT REQUIREMENTS.—

6 ‘‘(1) IN GENERAL.—A grant under this section 

7 shall be subject to all requirements of a grant under 

8 section 5307. A grant to a subrecipient under this 

9 section shall be subject to such requirements to the 

10 extent the Secretary considers appropriate. 

11 ‘‘(2) COORDINATION WITH NONPROFIT PRO12 VIDERS.—A recipient that transfers funds to an ap13 portionment under section 5336(a)(1) pursuant to 

14 subsection (b)(2) shall certify that the project for 

15 which the funds are requested under this section has 

16 been coordinated with nonprofit providers of serv17 ices. 

18 ‘‘(3) PROJECT SELECTION AND PLANNING.—A 

19 recipient of funds under this section shall certify 

20 that—

21 ‘‘(A) the projects selected were derived 

22 from a locally developed, coordinated public 

23 transit-human services transportation plan; and 

24 ‘‘(B) the plan was developed through a 

25 process that included representatives of public, 
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1 private, and nonprofit transportation and 

2 human services providers and participation by 

3 the public. 

4 ‘‘(4) FAIR AND EQUITABLE DISTRIBUTION.—A 

5 recipient of a grant under this section shall certify 

6 that allocations of the grant to subrecipients are dis7 tributed on a fair and equitable basis. 

8 ‘‘(e) STATE PROGRAM.—

9 ‘‘(1) IN GENERAL.—Amounts made available to 

10 carry out this section may be used for transportation 

11 projects to assist in providing transportation services 

12 for elderly individuals and individuals with disabil13 ities that are included in a State program of 

14 projects. 

15 ‘‘(2) SUBMISSION AND APPROVAL.—A program 

16 shall be submitted annually to the Secretary for ap17 proval and shall contain an assurance that the pro18 gram provides for maximum feasible coordination of 

19 transportation services assisted under this section 

20 with transportation services assisted by other Gov21 ernment sources. 

22 ‘‘(f) LEASING VEHICLES.—Vehicles acquired under 

23 this section may be leased to local governmental authori24 ties to improve transportation services designed to meet 
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•HR 3550 IH 

1 the special needs of elderly individuals and individuals 

2 with disabilities.’’; and 

3 (3) by redesignating subsections (h) through (j) 

4 as subsections (g) through (i), respectively. 

5 (b) CONFORMING AMENDMENT.—The analysis for 

6 chapter 53 is amended by striking the item relating to 

7 section 5310 and inserting the following:

‘‘5310. Formula grants for special needs of elderly individuals and individuals 

with disabilities.’’.

8 SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBAN9 IZED AREAS. 

10 (a) DEFINITIONS.—Section 5311(a) is amended to 

11 read as follows: 

12 ‘‘(a) DEFINITIONS.—In this section, the following 

13 definitions apply: 

14 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

15 State that receives a Federal transit program grant 

16 directly from the Government. 

17 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

18 means a State or local governmental authority, non19 profit organization, or operator of public transpor20 tation services that receives a Federal transit pro21 gram grant indirectly through a recipient.’’. 

22 (b) GENERAL AUTHORITY.—Section 5311(b) is 

23 amended to read as follows: 

24 ‘‘(b) GENERAL AUTHORITY.—
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1 ‘‘(1) GRANTS.—Except as provided in para2 graph (2), the Secretary may make grants to other 

3 than urbanized areas under this section for the fol4 lowing: 

5 ‘‘(A) Public transportation capital projects. 

6 ‘‘(B) Operating costs of equipment and fa7 cilities for use in public transportation. 

8 ‘‘(C) Acquisition of public transportation 

9 services, including service agreements with pri10 vate providers of public transportation services. 

11 ‘‘(2) STATE PROGRAM.—

12 ‘‘(A) IN GENERAL.—Amounts made avail13 able to carry out this section shall be used for 

14 projects included in a State program for public 

15 transportation projects, including service agree16 ments with private providers of public transpor17 tation. 

18 ‘‘(B) SUBMISSION.—The program shall be 

19 submitted annually to the Secretary for ap20 proval. 

21 ‘‘(C) APPROVAL.—The Secretary may ap22 prove the program only if the Secretary finds 

23 that the program provides a fair distribution of 

24 amounts in the State, including Indian reserva25 tions, and the maximum feasible coordination of 
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1 public transportation service assisted under this 

2 section with transportation service assisted by 

3 other Federal sources. 

4 ‘‘(3) RURAL TRANSPORTATION ASSISTANCE

5 PROGRAM.—

6 ‘‘(A) IN GENERAL.—The Secretary shall 

7 carry out a rural transportation assistance pro8 gram in other than urbanized areas. 

9 ‘‘(B) GRANTS AND CONTRACTS.—In car10 rying out this paragraph, the Secretary may use 

11 not more than 2 percent of the amount made 

12 available to carry out this section to make 

13 grants and contracts for transportation re14 search, technical assistance, training, and re15 lated support services in other than urbanized 

16 areas. 

17 ‘‘(C) PROJECTS OF A NATIONAL SCOPE.—

18 Not more than 15 percent of the amounts avail19 able under subparagraph (B) may be used by 

20 the Secretary to carry out projects of a national 

21 scope, with the remaining balance provided to 

22 the States.’’. 

23 (c) APPORTIONMENTS.—Section 5311(c) is amended 

24 to read as follows: 

25 ‘‘(c) APPORTIONMENTS.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall appor2 tion amounts made available to carry out this sec3 tion among the States in the ratio that—

4 ‘‘(A) the population of other than urban5 ized areas in each State, as shown by the most 

6 recent Government decennial census of popu7 lation; bears to 

8 ‘‘(B) the population of all other than ur9 banized areas in the United States, as shown by 

10 that census. 

11 ‘‘(2) AVAILABILITY.—The amount apportioned 

12 to a State under this subsection may be obligated by 

13 the State for 2 fiscal years after the fiscal year in 

14 which the amount is apportioned. An amount that is 

15 not obligated at the end of that period shall be re16 apportioned among the States for the next fiscal 

17 year.’’. 

18 (d) USE FOR ADMINISTRATION, PLANNING, AND

19 TECHNICAL ASSISTANCE.—Section 5311(e) is amended—

20 (1) in the subsection heading by inserting ‘‘, 

21 PLANNING,’’ after ‘‘ADMINISTRATION’’; 

22 (2) by striking ‘‘(1) The Secretary’’ and insert23 ing ‘‘The Secretary’’; 

24 (3) by striking paragraph (2); and 
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•HR 3550 IH 

1 (4) by striking ‘‘recipient’’ and inserting ‘‘sub2 recipient’’. 

3 (e) INTERCITY BUS TRANSPORTATION.—Section 

4 5311(f) is amended—

5 (1) in paragraph (1) by striking ‘‘after Sep6 tember 30, 1993,’’; and 

7 (2) in paragraph (2) by striking ‘‘A State’’ and 

8 inserting ‘‘After consultation with affected intercity 

9 bus service providers, a State’’. 

10 (f) GOVERNMENT’S SHARE OF COSTS.—Section 

11 5311(g) is amended to read as follows: 

12 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

13 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

14 project under this section shall be for 80 percent of 

15 the net capital costs of the project, as determined by 

16 the Secretary; except that in the case of a State de17 scribed in section 120(b)(1) of title 23, such percent18 age shall be increased in accordance with such sec19 tion. 

20 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

21 under this section for operating assistance may not 

22 exceed 50 percent of the net operating costs of the 

23 project, as determined by the Secretary. 

24 ‘‘(3) REMAINDER.—The remainder of net 

25 project costs—
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•HR 3550 IH 

1 ‘‘(A) may be provided from an undistrib2 uted cash surplus, a replacement or deprecia3 tion cash fund or reserve, a service agreement 

4 with a State or local social service agency or a 

5 private social service organization, or new cap6 ital; and 

7 ‘‘(B) may be derived from amounts appro8 priated to or made available to a department or 

9 agency of the Government (other than the De10 partment of Transportation) that are eligible to 

11 be expended for transportation. 

12 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

13 of paragraph (3)(B), the prohibitions on the use of 

14 funds for matching requirements under section 

15 403(a)(5)(C)(vii) of the Social Security Act (42 

16 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

17 or State funds to be used for transportation pur18 poses. 

19 ‘‘(5) LIMITATION ON OPERATING ASSIST20 ANCE.—A State carrying out a program of operating 

21 assistance under this section may not limit the level 

22 or extent of use of the Government grant for the 

23 payment of operating expenses.’’. 

24 (g) RELATIONSHIP TO OTHER LAWS.—Section 5311 

25 is amended—
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•HR 3550 IH 

1 (1) by striking subsection (h); and 

2 (2) by redesignating subsections (i) and (j) as 

3 subsections (h) and (i), respectively. 

4 (h) CORRECTION TO CHAPTER ANALYSIS.—The anal5 ysis for chapter 53 is amended by striking the item relat6 ing to section 5311 and inserting the following:

‘‘5311. Formula grants for other than urbanized areas.’’.

7 SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

8 AND DEPLOYMENT PROJECTS. 

9 (a) IN GENERAL.—Section 5312 is amended—

10 (1) in subsection (a)—

11 (A) by striking the first parenthetical 

12 phrase; 

13 (B) by striking ‘‘or contracts’’ and insert14 ing ‘‘, contracts, cooperative agreements, or 

15 other transactions’’; 

16 (C) by striking ‘‘help reduce urban trans17 portation needs, improve mass transportation 

18 service,’’ and inserting ‘‘improve transportation 

19 service’’; 

20 (D) by striking ‘‘urban’’ each place it ap21 pears; and 

22 (E) by striking ‘‘and demonstration 

23 projects’’ and inserting ‘‘, demonstration or de24 ployment projects, or evaluation of technology 

25 of national significance’’; 
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•HR 3550 IH 

1 (2) by striking subsections (b) and (c); 

2 (3) by redesignating subsections (d) and (e) as 

3 subsections (b) and (c), respectively; 

4 (4) in subsection (b)(2) (as so redesignated) by 

5 striking ‘‘other agreements’’ and inserting ‘‘other 

6 transactions’’; and 

7 (5) in subsection (c)(2) (as so redesignated) by 

8 striking ‘‘public and’’ and inserting ‘‘public or’’. 

9 (b) CONFORMING AMENDMENTS.—

10 (1) SECTION HEADING.—Section 5312 is 

11 amended by striking the section heading and insert12 ing the following: 

13 ‘‘§ 5312. Research, development, demonstration, and 

14 deployment projects’’. 

15 (2) CHAPTER ANALYSIS.—The analysis for 

16 chapter 53 is amended by striking the item relating 

17 to section 5312 and inserting the following:

‘‘5312. Research, development, demonstration, and deployment projects.’’.

18 SEC. 3014. COOPERATIVE RESEARCH PROGRAM. 

19 (a) IN GENERAL.—Section 5313 is amended—

20 (1) in subsection (a) by striking ‘‘(1) The 

21 amounts made available under paragraphs (1) and 

22 (2)(C)(ii) of section 5338(d) of this title’’ and insert23 ing ‘‘The amounts made available under paragraphs 

24 (1) and (2)(B)(i) of section 5338(d)’’; 

25 (2) by striking subsection (b); 
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1 (3) in subsection (a)(2) by striking ‘‘(2) The’’ 

2 and inserting ‘‘(b) FEDERAL ASSISTANCE.—The’’; 

3 and 

4 (4) in subsection (c) by striking ‘‘subsection (a) 

5 of’’. 

6 (b) CONFORMING AMENDMENTS.—

7 (1) IN GENERAL.—Section 5313 is amended by 

8 striking the section heading and inserting the fol9 lowing: 

10 ‘‘§ 5313. Cooperative research program’’. 

11 (2) CHAPTER ANALYSIS.—The analysis for 

12 chapter 53 is amended by striking the item relating 

13 to section 5313 and inserting the following:

‘‘5313. Cooperative research program.’’.

14 SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PRO15 GRAMS. 

16 (a) IN GENERAL.—Section 5314 is amended—

17 (1) by striking the section heading and insert18 ing the following: 

19 ‘‘§ 5314. National research and technology programs’’; 

20 (2) in subsection (a)(1)—

21 (A) by striking ‘‘subsections (d) and (h)(7) 

22 of section 5338 of this title’’ and inserting ‘‘sec23 tion 5338(d)’’; 
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1 (B) by striking ‘‘and contracts’’ and insert2 ing ‘‘, contracts, cooperative agreements, or 

3 other transactions’’; 

4 (C) by striking ‘‘5303–5306,’’; and 

5 (D) by striking ‘‘5317,’’; 

6 (3) in subsection (a)(2) by striking ‘‘Of the 

7 amounts’’ and all that follows through ‘‘$3,000,000 

8 to’’ and inserting ‘‘The Secretary shall’’; 

9 (4) by striking subsection (a)(4)(B); 

10 (5) by redesignating subsection (a)(4)(C) as 

11 subsection (a)(4)(B); and 

12 (6) in subsection (b) by striking ‘‘or contract’’ 

13 and all that follows through ‘‘section,’’ and inserting 

14 ‘‘, contract, cooperative agreement, or other trans15 action under subsection (a) or section 5312,’’. 

16 (b) CONFORMING AMENDMENT.—The analysis for 

17 chapter 53 is amended by striking the item relating to 

18 section 5314 and inserting the following:

‘‘5314. National research and technology programs.’’.

19 SEC. 3016. NATIONAL TRANSIT INSTITUTE. 

20 Section 5315 is amended—

21 (1) in subsection (a) by striking ‘‘public mass 

22 transportation’’ and inserting ‘‘public transpor23 tation’’; and 

24 (2) in subsection (d) by striking ‘‘mass’’ each 

25 place it appears. 
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1 SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA 

2 GRANTS. 

3 (a) IN GENERAL.—Chapter 53 is amended by insert4 ing after section 5315 the following: 

5 ‘‘§ 5316. Job access and reverse commute formula 

6 grants 

7 ‘‘(a) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) ACCESS TO JOBS PROJECT.—The term ‘ac10 cess to jobs project’ means a project relating to the 

11 development and maintenance of transportation 

12 services designed to transport welfare recipients and 

13 eligible low-income individuals to and from jobs and 

14 activities related to their employment, including—

15 ‘‘(A) transportation projects to finance 

16 planning, capital, and operating costs of pro17 viding access to jobs under this chapter; 

18 ‘‘(B) promoting public transportation by 

19 low-income workers, including the use of public 

20 transportation by workers with nontraditional 

21 work schedules; 

22 ‘‘(C) promoting the use of transit vouchers 

23 for welfare recipients and eligible low-income in24 dividuals; and 

25 ‘‘(D) promoting the use of employer-pro26 vided transportation, including the transit pass 
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1 benefit program under section 132 of the Inter2 nal Revenue Code of 1986. 

3 ‘‘(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The 

4 term ‘eligible low-income individual’ means an indi5 vidual whose family income is at or below 150 per6 cent of the poverty line (as that term is defined in 

7 section 673(2) of the Community Services Block 

8 Grant Act (42 U.S.C. 9902(2)), including any revi9 sion required by that section) for a family of the size 

10 involved. 

11 ‘‘(3) RECIPIENT.—The term ‘recipient’ means a 

12 designated recipient (as defined in section 

13 5307(a)(2)) or State that receives a grant under this 

14 section directly. 

15 ‘‘(4) REVERSE COMMUTE PROJECT.—The term 

16 ‘reverse commute project’ means a public transpor17 tation project designed to transport residents of ur18 banized areas and other than urbanized areas to 

19 suburban employment opportunities, including any 

20 projects to—

21 ‘‘(A) subsidize the costs associated with 

22 adding reverse commute bus, train, carpool, van 

23 routes, or service from urbanized areas and 

24 other than urbanized areas to suburban work25 places; 
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1 ‘‘(B) subsidize the purchase or lease by a 

2 nonprofit organization or public agency of a van 

3 or bus dedicated to shuttling employees from 

4 their residences to a suburban workplace; or 

5 ‘‘(C) otherwise facilitate the provision of 

6 public transportation services to suburban em7 ployment opportunities. 

8 ‘‘(5) SUBRECIPIENT.—The term ‘subrecipient’ 

9 means a State or local governmental authority, non10 profit organization, or operator of public transpor11 tation services that receives a grant under this sec12 tion indirectly through a recipient. 

13 ‘‘(6) WELFARE RECIPIENT.—The term ‘welfare 

14 recipient’ means an individual who has received as15 sistance under a State or tribal program funded 

16 under part A of title IV of the Social Security Act 

17 at any time during the 3-year period before the date 

18 on which the applicant applies for a grant under this 

19 section. 

20 ‘‘(b) GENERAL AUTHORITY.—

21 ‘‘(1) GRANTS.—The Secretary may make 

22 grants under this section to a recipient for access to 

23 jobs and reverse commute projects carried out by the 

24 recipient or a subrecipient. 
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1 ‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient 

2 may use not more than 10 percent of the amounts 

3 apportioned to the recipient under this section to ad4 minister, plan, and provide technical assistance for 

5 a project funded under this section. 

6 ‘‘(c) APPORTIONMENTS.—

7 ‘‘(1) FORMULA.—The Secretary shall apportion 

8 amounts made available to carry out this section as 

9 follows: 

10 ‘‘(A) 60 percent of the funds shall be ap11 portioned among designated recipients (as de12 fined in section 5307(a)(2)) for urbanized areas 

13 with a population of 200,000 or more in the 

14 ratio that—

15 ‘‘(i) the number of eligible low-income 

16 individuals and welfare recipients in each 

17 such urbanized area; bears to 

18 ‘‘(ii) the number of eligible low-income 

19 individuals and welfare recipients in all 

20 such urbanized areas. 

21 ‘‘(B) 20 percent of the funds shall be ap22 portioned among the States in the ratio that—

23 ‘‘(i) the number of eligible low-income 

24 individuals and welfare recipients in urban-
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1 ized areas with a population of less than 

2 200,000 in each State; bears to 

3 ‘‘(ii) the number of eligible low-income 

4 individuals and welfare recipients in urban5 ized areas with a population of less than 

6 200,000 in all States. 

7 ‘‘(C) 20 percent of the funds shall be ap8 portioned among the States in the ratio that—

9 ‘‘(i) the number of eligible low-income 

10 individuals and welfare recipients in other 

11 than urbanized areas in each State; bears 

12 to 

13 ‘‘(ii) the number of eligible low-income 

14 individuals and welfare recipients in other 

15 than urbanized areas in all States. 

16 ‘‘(2) USE OF APPORTIONED FUNDS.—Except as 

17 provided in paragraph (3)—

18 ‘‘(A) funds apportioned under paragraph 

19 (1)(A) shall be used for projects serving urban20 ized areas with a population of 200,000 or 

21 more; 

22 ‘‘(B) funds apportioned under paragraph 

23 (1)(B) shall be used for projects serving urban24 ized areas with a population of less than 

25 200,000; and 
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1 ‘‘(C) funds apportioned under paragraph 

2 (1)(C) shall be used for projects serving other 

3 than urbanized areas. 

4 ‘‘(3) EXCEPTIONS.—A State may use funds ap5 portioned under paragraphs (1)(B) and (1)(C)—

6 ‘‘(A) for projects serving areas other than 

7 the area specified in paragraph (2)(B) or 

8 (2)(C), as the case may be, if the Governor of 

9 the State certifies that all of the objectives of 

10 this section are being met in the specified area; 

11 or 

12 ‘‘(B) for projects anywhere in the State if 

13 the State has established a statewide program 

14 for meeting the objectives of this section. 

15 ‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB16 RECIPIENTS.—

17 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 

18 funds apportioned under subsection (c)(1)(A) shall 

19 conduct, in cooperation with the appropriate metro20 politan planning organization, an areawide solicita21 tion for applications for grants to the recipient and 

22 subrecipients under this section. 

23 ‘‘(2) STATEWIDE SOLICITATION.—A recipient of 

24 funds apportioned under subsection (c)(1)(B) or 

25 (c)(1)(C) shall conduct a statewide solicitation for 
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1 applications for grants to the recipient and sub2 recipients under this section. 

3 ‘‘(3) APPLICATION.—Recipients and subrecipi4 ents seeking to receive a grant from funds appor5 tioned under subsection (c) shall submit to the re6 cipient an application in the form and in accordance 

7 with such requirements as the recipient shall estab8 lish. 

9 ‘‘(4) GRANT AWARDS.—The recipient shall 

10 award grants under paragraphs (1) and (2) on a 

11 competitive basis. 

12 ‘‘(e) TRANSFERS.—

13 ‘‘(1) IN GENERAL.—A State may transfer any 

14 funds apportioned to it under subparagraph (B) or 

15 (C) of subsection (c)(1), or both, to an apportion16 ment under section 5311(c) or 5336, or both. 

17 ‘‘(2) LIMITED TO ELIGIBLE PROJECTS.—Any 

18 apportionment transferred under this subsection 

19 shall be made available only for eligible job access 

20 and reverse commute projects as described in this 

21 section. 

22 ‘‘(3) CONSULTATION.—A State may make a 

23 transfer of an amount under this subsection only 

24 after consulting with responsible local officials and 

25 publicly owned operators of public transportation in 
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1 each area for which the amount originally was 

2 awarded under this section. 

3 ‘‘(f) GRANT REQUIREMENTS.—

4 ‘‘(1) IN GENERAL.—A grant under this section 

5 shall be subject to the requirements of section 5307. 

6 ‘‘(2) FAIR AND EQUITABLE DISTRIBUTION.—A 

7 recipient of a grant under this section shall certify 

8 to the Secretary that allocations of the grant to sub9 recipients are distributed on a fair and equitable 

10 basis. 

11 ‘‘(g) COORDINATION.—

12 ‘‘(1) IN GENERAL.—The Secretary shall coordi13 nate activities under this section with related activi14 ties under programs of other Federal departments 

15 and agencies. 

16 ‘‘(2) WITH NONPROFIT PROVIDERS.—A State 

17 that transfers funds to an apportionment under sec18 tion 5336 pursuant to subsection (e) shall certify to 

19 the Secretary that any project for which the funds 

20 are requested under this section has been coordi21 nated with nonprofit providers of services. 

22 ‘‘(3) PROJECT SELECTION AND PLANNING.—A 

23 recipient of funds under this section shall certify to 

24 the Secretary 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 ‘‘(h) GOVERNMENT’S SHARE OF COSTS.—

10 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

11 project under this section may not exceed 80 percent 

12 of the net capital costs of the project, as determined 

13 by the Secretary. 

14 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

15 under this section for operating assistance may not 

16 exceed 50 percent of the net operating costs of the 

17 project, as determined by the Secretary. 

18 ‘‘(3) REMAINDER.—The remainder of the net 

19 project costs—

20 ‘‘(A) may be provided from an undistrib21 uted cash surplus, a replacement or deprecia22 tion cash fund or reserve, a service agreement 

23 with a State or local social service agency or a 

24 private social service organization, or new cap25 ital; and 
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1 ‘‘(B) may be derived from amounts appro2 priated to or made available to a department or 

3 agency of the Government (other than the De4 partment of Transportation) that are eligible to 

5 be expended for transportation. 

6 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

7 of paragraph (3)(B), the prohibitions on the use of 

8 funds for matching requirements under section 

9 403(a)(5)(C)(vii) of the Social Security Act (42 

10 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

11 or State funds to be used for transportation pur12 poses. 

13 ‘‘(5) LIMITATION ON OPERATING ASSIST14 ANCE.—A recipient carrying out a program of oper15 ating assistance under this section may not limit the 

16 level or extent of use of the Government grant for 

17 the payment of operating expenses. 

18 ‘‘(i) PROGRAM EVALUATION.—

19 ‘‘(1) COMPTROLLER GENERAL.—Beginning 1 

20 year after the date of enactment of the Federal Pub21 lic Transportation Act of 2004, and every 2 years 

22 thereafter, the Comptroller General shall—

23 ‘‘(A) conduct a study to evaluate the grant 

24 program authorized by this section; and 
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1 ‘‘(B) transmit to the Committee on Trans2 portation and Infrastructure of the House of 

3 Representatives and the Committee on Bank4 ing, Housing, and Urban Affairs of the Senate 

5 a report describing the results of the study 

6 under subparagraph (A). 

7 ‘‘(2) DEPARTMENT OF TRANSPORTATION.—Not 

8 later than 3 years after the date of enactment of 

9 Federal Public Transportation Act of 2004, the Sec10 retary shall—

11 ‘‘(A) conduct a study to evaluate the effec12 tiveness of the grant program authorized by 

13 this section and the effectiveness of recipients 

14 making grants to subrecipients under this sec15 tion; and 

16 ‘‘(B) transmit to the committees referred 

17 to in paragraph (1)(B) a report describing the 

18 results of the study under subparagraph (A).’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 chapter 53 is amended by inserting after the item relating 

21 to section 5315 the following:

‘‘5316. Job access and reverse commute formula grants.’’.

22 (c) REPEAL.—Section 3037 of the Transportation 

23 Equity Act for the 21st Century (49 U.S.C. 5309 note; 

24 112 Stat. 387) is repealed. 
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1 SEC. 3018. NEW FREEDOM PROGRAM. 

2 (a) IN GENERAL.—Chapter 53 is further amended by 

3 inserting after section 5316 the following: 

4 ‘‘§ 5317. New freedom program 

5 ‘‘(a) DEFINITIONS.—In this section, the following 

6 definitions apply: 

7 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

8 designated recipient (as defined in section 

9 5307(a)(2)) or State that receives a grant under this 

10 section directly. 

11 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

12 means a State or local governmental authority, non13 profit organization, or operator of public transpor14 tation services that receives a grant under this sec15 tion indirectly through a recipient. 

16 ‘‘(b) GENERAL AUTHORITY.—

17 ‘‘(1) GRANTS.—The Secretary may make 

18 grants to under this section to a recipient for new 

19 public transportation services and public transpor20 tation alternatives beyond those required by the 

21 Americans with Disabilities Act of 1990 (42 U.S.C. 

22 12101 et seq.) that assist individuals with disabil23 ities with transportation, including transportation to 

24 and from jobs and employment support services. 

25 ‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient 

26 may use not more than 10 percent of the amounts 
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1 apportioned to the recipient under this section to ad2 minister, plan, and provide technical assistance for 

3 a project funded under this section. 

4 ‘‘(c) APPORTIONMENTS.—

5 ‘‘(1) FORMULA.—The Secretary shall apportion 

6 amounts made available to carry out this section as 

7 follows: 

8 ‘‘(A) 60 percent of the funds shall be ap9 portioned among designated recipients (as de10 fined in section 5307(a)(2)) for urbanized areas 

11 with a population of 200,000 or more in the 

12 ratio that—

13 ‘‘(i) the number of individuals with 

14 disabilities in each such urbanized area; 

15 bears to 

16 ‘‘(ii) the number of individuals with 

17 disabilities in all such urbanized areas. 

18 ‘‘(B) 20 percent of the funds shall be ap19 portioned among the States in the ratio that—

20 ‘‘(i) the number of individuals with 

21 disabilities in urbanized areas with a popu22 lation of less than 200,000 in each State; 

23 bears to 
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1 ‘‘(ii) the number of individuals with 

2 disabilities in urbanized areas with a popu3 lation of less than 200,000 in all States. 

4 ‘‘(C) 20 percent of the funds shall be ap5 portioned among the States in the ratio that—

6 ‘‘(i) the number of individuals with 

7 disabilities in other than urbanized areas 

8 in each State; bears to 

9 ‘‘(ii) the number of individuals with 

10 disabilities in other than urbanized areas 

11 in all States. 

12 ‘‘(2) USE OF APPORTIONED FUNDS.—Except as 

13 provided in paragraph (3)—

14 ‘‘(A) funds apportioned under paragraph 

15 (1)(A) shall be used for projects serving urban16 ized areas with a population of 200,000 or 

17 more; 

18 ‘‘(B) funds apportioned under paragraph 

19 (1)(B) shall be used for projects serving urban20 ized areas with a population of less than 

21 200,000; and 

22 ‘‘(C) funds apportioned under paragraph 

23 (1)(C) shall be used for projects serving other 

24 than urbanized areas. 

25 ‘‘(3) TRANSFERS.—
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1 ‘‘(A) IN GENERAL.—A State may transfer 

2 any funds apportioned to it under subparagraph 

3 (B) or (C) of subsection (c)(1), or both, to an 

4 apportionment under section 5311(c) or 5336, 

5 or both. 

6 ‘‘(B) LIMITED TO ELIGIBLE PROJECTS.—

7 Any funds transferred pursuant to this para8 graph shall be made available only for eligible 

9 projects selected under this section. 

10 ‘‘(C) CONSULTATION.—A State may make 

11 a transfer of an amount under this subsection 

12 only after consulting with responsible local offi13 cials and publicly owned operators of public 

14 transportation in each area for which the 

15 amount originally was awarded under this sec16 tion. 

17 ‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB18 RECIPIENTS.—

19 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 

20 funds apportioned under subsection (c)(1)(A) shall 

21 conduct, in cooperation with the appropriate metro22 politan planning organization, an areawide solicita23 tion for applications for grants to the recipient and 

24 subrecipients under this section. 
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1 ‘‘(2) STATEWIDE SOLICITATION.—A recipient of 

2 funds apportioned under subsection (c)(1)(B) or 

3 (c)(1)(C) shall conduct a statewide solicitation for 

4 applications for grants to the recipient and sub5 recipients under this section. 

6 ‘‘(3) APPLICATION.—Recipients and subrecipi7 ents seeking to receive a grant from funds appor8 tioned under subsection (c) shall submit to the re9 cipient an application in the form and in accordance 

10 with such requirements as the recipient shall estab11 lish. 

12 ‘‘(4) GRANT AWARDS.—The recipient shall 

13 award grants under paragraphs (1) and (2) on a 

14 competitive basis. 

15 ‘‘(e) GRANT REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), a grant under this section shall be subject 

18 to all the requirements of section 5307. 

19 ‘‘(2) EMPLOYEE PROTECTIVE ARRANGE20 MENTS.—Section 5333(b) shall apply to grants 

21 under this section, except that the Secretary of 

22 Labor shall utilize, for urbanized areas with a popu23 lation of less than 200,000 and for other than ur24 banized areas, a special warranty described in sec25 tion 215.7 of title 29, Code of Federal Regulations, 
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1 that provides a fair and equitable arrangement to 

2 protect the interest of employees. 

3 ‘‘(3) FAIR AND EQUITABLE DISTRIBUTION.—A 

4 recipient of a grant under this section shall certify 

5 that allocations of the grant to subrecipients are dis6 tributed on a fair and equitable basis. 

7 ‘‘(f) COORDINATION.—

8 ‘‘(1) IN GENERAL.—The Secretary shall coordi9 nate activities under this section with related activi10 ties under programs of other Federal departments 

11 and agencies. 

12 ‘‘(2) WITH NONPROFIT PROVIDERS.—A recipi13 ent that transfers funds to an apportionment under 

14 section 5336 pursuant to subsection (c)(2) shall cer15 tify that the project for which the funds are re16 quested under this section has been coordinated with 

17 nonprofit providers of services. 

18 ‘‘(3) PROJECT SELECTION AND PLANNING.—A 

19 recipient of funds under this section shall certify 

20 that—

21 ‘‘(A) the projects selected were derived 

22 from a locally developed, coordinated public 

23 transit-human services transportation plan; and 

24 ‘‘(B) the plan was developed through a 

25 process that included representatives of public, 
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1 private, and nonprofit transportation and 

2 human services providers and participation by 

3 the public. 

4 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

5 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

6 project under this section may not exceed 80 percent 

7 of the net capital costs of the project, as determined 

8 by the Secretary. 

9 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

10 under this section for operating assistance may not 

11 exceed 50 percent of the net operating costs of the 

12 project, as determined by the Secretary. 

13 ‘‘(3) REMAINDER.—The remainder of the net 

14 project costs—

15 ‘‘(A) may be provided from an undistrib16 uted cash surplus, a replacement or deprecia17 tion cash fund or reserve, a service agreement 

18 with a State or local social service agency or a 

19 private social service organization, or new cap20 ital; and 

21 ‘‘(B) may be derived from amounts appro22 priated to or made available to a department or 

23 agency of the Government (other than the De24 partment of Transportation) that are eligible to 

25 be expended for transportation. 
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1 ‘‘(4) USE OF CERTAIN FUNDS.—For purposes 

2 of paragraph (3)(B), the prohibitions on the use of 

3 funds for matching requirements under section 

4 403(a)(5)(C)(vii) of the Social Security Act (42 

5 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

6 or State funds to be used for transportation pur7 poses. 

8 ‘‘(5) LIMITATION ON OPERATING ASSIST9 ANCE.—A recipient carrying out a program of oper10 ating assistance under this section may not limit the 

11 level or extent of use of the Government grant for 

12 the payment of operating expenses.’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 53 is amended by inserting after the item relating 

15 to section 5316 the following:

‘‘5317. New freedom program.’’.

16 SEC. 3019. BUS TESTING FACILITY. 

17 (a) IN GENERAL.—Section 5318 is amended—

18 (1) by striking subsection (a) and inserting the 

19 following: 

20 ‘‘(a) FACILITY.—The Secretary of Transportation 

21 shall maintain one facility for testing a new bus model 

22 for maintainability, reliability, safety, performance (in23 cluding braking performance), structural integrity, fuel 

24 economy, emissions, and noise.’’; 
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1 (2) in subsection (d) by striking ‘‘under section 

2 5309(m)(1)(C) of this title’’ and inserting ‘‘to carry 

3 out this section’’; and 

4 (3) by striking subsection (e) and inserting the 

5 following: 

6 ‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts ap7 propriated or made available under this chapter may be 

8 obligated or expended to acquire a new bus model only 

9 if a bus of that model has been tested at the facility main10 tained by the Secretary under subsection (a).’’. 

11 (b) CONFORMING AMENDMENT.—Section 5323(c) is 

12 repealed. 

13 SEC. 3020. BICYCLE FACILITIES. 

14 The first sentence of section 5319 is amended—

15 (1) by striking ‘‘5309(h),’’ and inserting 

16 ‘‘5309(g),’’; and 

17 (2) by striking ‘‘and 5311’’ and inserting 

18 ‘‘5311, and 5320’’. 

19 SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM. 

20 (a) IN GENERAL.—Section 5320 of title 49, United 

21 States Code, is amended to read as follows: 

22 ‘‘§ 5320. Transit in the parks pilot program 

23 ‘‘(a) PUBLIC TRANSPORTATION DEFINED.—In this 

24 section, the term ‘public transportation’ means general or 

25 special transportation to the public by a conveyance that 
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1 is publicly or privately owned. Such term does not include 

2 schoolbus or charter transportation but does include sight3 seeing transportation. 

4 ‘‘(b) ESTABLISHMENT.—Not later than 90 days after 

5 the date of enactment of the Federal Public Transpor6 tation Act of 2004, the Secretary of Transportation and 

7 the Secretary of the Interior shall enter into a memo8 randum of understanding to establish a transit in the 

9 parks pilot program in accordance with the requirements 

10 of this section. 

11 ‘‘(c) PURPOSE.—The purpose of the pilot program 

12 shall be to encourage and promote the development of 

13 transportation systems described in section 5301(a) within 

14 units of the National Park System to improve visitor mo15 bility and enjoyment (including visitors with disabilities), 

16 reduce pollution and congestion, and enhance resource 

17 protection through the use of public transportation. 

18 ‘‘(d) ADMINISTRATION OF PROGRAM.—The program 

19 shall be administered by the Secretary of Transportation, 

20 in consultation with the Secretary of the Interior. 

21 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—

22 ‘‘(1) PLANNING.—The memorandum of under23 standing under subsection (b) shall include transpor24 tation planning procedures that are consistent with 
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1 the metropolitan and statewide planning processes 

2 required under chapter 52. 

3 ‘‘(2) PROGRAMS.—The memorandum of under4 standing shall include descriptions of programs and 

5 activities eligible for assistance under the pilot pro6 gram. 

7 ‘‘(3) EXCEPTIONS.—The memorandum of un8 derstanding shall limit or modify the applicability of 

9 the provisions referred to in subsection (f) to the ex10 tent necessary to carry out the objectives of this sec11 tion and to be compatible with the laws and regula12 tions governing units of the National Park System. 

13 ‘‘(f) ELIGIBLE USE OF FUNDS.—Except as provided 

14 under subsection (e)(3), the Secretary may provide funds 

15 made available to carry out this section to the Secretary 

16 of the Interior under interagency agreements for the fol17 lowing purposes: 

18 ‘‘(1) PLANNING, ENGINEERING, DESIGN, AND

19 EVALUATION.—Planning, engineering, design, and 

20 evaluation of public transportation projects in units 

21 of the National Park System, and for technical stud22 ies, in accordance with section 5305(b)(2). 

23 ‘‘(2) PUBLIC TRANSPORTATION CAPITAL

24 PROJECTS.—Public transportation capital projects 

25 (as defined in section 5302(a)(1)) for such units in 
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1 accordance with all the terms and conditions to 

2 which a grant is made under subsections (a), (b), 

3 (c), and (d) of section 5307 and such other terms 

4 and conditions as are determined by the Secretary. 

5 The Secretary of the Interior shall act as the des6 ignated recipient for the purposes of subsection 

7 (a)(2) of section 5307. 

8 ‘‘(3) OPERATING COSTS.—Operating costs of 

9 equipment and facilities used in public transpor10 tation for such units. 

11 ‘‘(g) GOVERNMENT SHARE OF COSTS.—

12 ‘‘(1) CAPITAL PROJECTS.—The Government 

13 share of the cost of any capital project or activity 

14 under this section shall be 100 percent of the costs 

15 of the project, as determined by the Secretary. 

16 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

17 under this section for operating assistance may not 

18 exceed 50 percent of the net operating costs of the 

19 project, as determined by the Secretary. 

20 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

21 be construed as superseding, amending, modifying, or re22 pealing any provision of law applicable to units of the Na23 tional Park System.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 such chapter is further amended by inserting after the 

3 item relating to section 5319 the following:

‘‘5320. Transit in the parks pilot program.’’.

4 SEC. 3022. HUMAN RESOURCE PROGRAMS. 

5 Section 5322 is amended—

6 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

7 ‘‘The Secretary’’; and 

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

9 ‘‘(b) GRANTS TO HIGHER LEARNING INSTITU10 TIONS.—

11 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec12 retary may make grants to nonprofit institutions of 

13 higher learning—

14 ‘‘(A) to conduct research and investiga15 tions into the theoretical or practical problems 

16 of public transportation; and 

17 ‘‘(B) to train individuals to conduct fur18 ther research or obtain employment in an orga19 nization that plans, builds, operates, or man20 ages a public transportation system. 

21 ‘‘(2) RESEARCH AND INVESTIGATIONS.—Re22 search and investigations under this subsection in23 clude—

24 ‘‘(A) the design and use of public transpor25 tation systems and public roads and highways; 
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1 ‘‘(B) the interrelationship between various 

2 modes of urban, suburban, rural, and intercity 

3 transportation; 

4 ‘‘(C) the role of transportation planning in 

5 overall urban planning; 

6 ‘‘(D) public preferences in transportation; 

7 ‘‘(E) the economic allocation of transpor8 tation resources; and 

9 ‘‘(F) the legal, financial, engineering, and 

10 esthetic aspects of public transportation. 

11 ‘‘(3) PREFERENCE.—When making a grant 

12 under this subsection, the Secretary shall give pref13 erence to an institution that brings together knowl14 edge and expertise in the various social science and 

15 technical disciplines related to public transportation 

16 problems. 

17 ‘‘(c) FELLOWSHIPS.—

18 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec19 retary may make grants to States, local govern20 mental authorities, and operators of public transpor21 tation systems to provide fellowships to train per22 sonnel employed in managerial, technical, and pro23 fessional positions in the public transportation field. 

24 ‘‘(2) TERMS.—
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1 ‘‘(A) PERIOD OF TRAINING.—A fellowship 

2 under this subsection may be for not more than 

3 one year of training in an institution that offers 

4 a program applicable to the public transpor5 tation industry. 

6 ‘‘(B) SELECTION OF INDIVIDUALS.—The 

7 recipient of the grant shall select an individual 

8 on the basis of demonstrated ability and for the 

9 contribution the individual reasonably can be 

10 expected to make to an efficient public trans11 portation operation. 

12 ‘‘(C) AMOUNT.—A grant for a fellowship 

13 may not be more than the lesser of $65,000 or 

14 75 percent of—

15 ‘‘(i) tuition and other charges to the 

16 fellowship recipient; 

17 ‘‘(ii) additional costs incurred by the 

18 training institution and billed to the grant 

19 recipient; and 

20 ‘‘(iii) the regular salary of the fellow21 ship recipient for the period of the fellow22 ship to the extent the salary is actually 

23 paid or reimbursed by the grant recipi24 ent.’’. 
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1 SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE. 

2 (a) INTERESTS IN PROPERTY.—Section 5323(a)(1) is 

3 amended—

4 (1) in the matter preceding subparagraph (A)—

5 (A) by striking ‘‘private mass transpor6 tation company’’ each place it appears and in7 serting ‘‘private company engaged in public 

8 transportation’’; 

9 (B) by striking ‘‘mass transportation 

10 equipment or a mass transportation facility’’ 

11 and inserting ‘‘a public transportation facility 

12 or equipment’’; and 

13 (C) by striking ‘‘mass transportation com14 pany’’ and inserting ‘‘public transportation 

15 company’’; and 

16 (2) in subparagraph (B) by striking ‘‘private 

17 mass transportation companies’’ and inserting ‘‘pri18 vate companies engaged in public transportation’’. 

19 (b) NOTICE AND PUBLIC HEARING.—Section 

20 5323(b) is amended—

21 (1) in paragraph (1)—

22 (A) by striking ‘‘(1) An application’’ and 

23 inserting the following: 

24 ‘‘(1) APPLICATIONS.—An application’’; 

25 (B) in the matter preceding subparagraph 

26 (A) by striking ‘‘or loan’’; and 
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1 (C) by moving subparagraphs (A) through 

2 (D) 2 ems to the right; 

3 (2) in paragraph (2) by striking ‘‘(2) Notice of’’ 

4 and inserting the following: 

5 ‘‘(2) NOTICE.—Notice of’’; and 

6 (3) by adding at the end the following: 

7 ‘‘(3) ENVIRONMENTAL RECORD.—An applicant 

8 shall include in the environmental record for a 

9 project under this chapter evidence that the appli10 cant has complied with the requirements of subpara11 graphs (A) through (D) of paragraph (1).’’. 

12 (c) CONDITION ON CHARTER BUS TRANSPORTATION

13 SERVICE.—Section 5323(d) is amended—

14 (1) by striking ‘‘(1) Financial assistance’’ and 

15 inserting the following: 

16 ‘‘(1) AGREEMENTS.—Financial assistance’’; and 

17 (2) by striking paragraph (2) and inserting the 

18 following: 

19 ‘‘(2) VIOLATIONS.—

20 ‘‘(A) INVESTIGATIONS.—On receiving a 

21 complaint about a violation of the agreement 

22 required under paragraph (1), the Secretary 

23 shall investigate and decide whether a violation 

24 has occurred. 
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1 ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If 

2 the Secretary decides that a violation has oc3 curred, the Secretary shall correct the violation 

4 under terms of the agreement. 

5 ‘‘(C) ADDITIONAL REMEDIES.—In addition 

6 to any remedy specified in the agreement, the 

7 Secretary shall bar a recipient or an operator 

8 from receiving Federal transit assistance in an 

9 amount the Secretary considers appropriate if 

10 the Secretary finds a pattern of violations of 

11 the agreement.’’. 

12 (d) BOND PROCEEDS ELIGIBLE FOR LOCAL

13 SHARE.—Section 5323(e) is amended to read as follows: 

14 ‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL

15 SHARE.—

16 ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not17 withstanding any other provision of law, a recipient 

18 of assistance under section 5307 or 5309 may use 

19 the proceeds from the issuance of revenue bonds as 

20 part of the local matching funds for a capital 

21 project. 

22 ‘‘(2) MAINTENANCE OF EFFORT.—The Sec23 retary shall approve of the use of the proceeds from 

24 the issuance of revenue bonds for the remainder of 

25 the net project cost only if the Secretary finds that 
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1 the aggregate amount of financial support for public 

2 transportation in the urbanized area provided by the 

3 State and affected local governmental authorities 

4 during the next 3 fiscal years, as programmed in the 

5 State transportation improvement program under 

6 chapter 52 is not less than the aggregate amount 

7 provided by the State and affected local govern8 mental authorities in the urbanized area during the 

9 preceding 3 fiscal years. 

10 ‘‘(3) DEBT SERVICE RESERVE.—The Secretary 

11 may reimburse an eligible recipient for deposits of 

12 bond proceeds in a debt service reserve that recipient 

13 established pursuant to section 5302(a)(1)(K) from 

14 amounts made available to the recipient under sec15 tion 5307 or 5309, or both; except that such reim16 bursement in a fiscal year may not exceed 10 per17 cent of the amounts made available to the recipient 

18 under section 5307 in such fiscal year.’’. 

19 (e) SCHOOLBUS TRANSPORTATION.—Section 5323(f) 

20 is amended—

21 (1) by striking ‘‘(1) Financial assistance’’ and 

22 inserting the following: 

23 ‘‘(1) AGREEMENTS.—Financial assistance’’; 

24 (2) in paragraph (1) by moving subparagraphs 

25 (A), (B), and (C) 2 ems to the right; and 
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1 (3) by striking paragraph (2) and inserting the 

2 following: 

3 ‘‘(2) VIOLATIONS.—If the Secretary finds that 

4 an applicant, governmental authority, or publicly 

5 owned operator has violated the agreement required 

6 under paragraph (1), the Secretary shall bar a re7 cipient or an operator from receiving Federal transit 

8 assistance in an amount the Secretary considers ap9 propriate.’’. 

10 (f) BUYING BUSES UNDER OTHER LAWS.—Section 

11 5323(g) is amended by striking ‘‘103(e)(4)’’ each place 

12 it appears and inserting ‘‘133’’. 

13 (g) BUY AMERICA.—Section 5323(j)(5) is amended 

14 by striking ‘‘the Intermodal Surface Transportation Effi15 ciency Act of 1991 (Public Law 102–240, 105 Stat. 

16 1914)’’ and inserting ‘‘the Federal Public Transportation 

17 Act of 2004’’. 

18 (h) RELATIONSHIP TO OTHER LAWS.—Section 

19 5323(l) is amended to read as follows: 

20 ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 

21 of title 18 applies to a certificate, submission, or statement 

22 provided under this chapter. The Secretary may terminate 

23 financial assistance under this chapter and seek reim24 bursement directly, or by offsetting amounts, available 

25 under this chapter, when a false or fraudulent statement 
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1 or related act within the meaning of section 1001 is made 

2 in connection with a Federal transit program.’’. 

3 (i) GRANT REQUIREMENTS.—Section 5323(o) is 

4 amended by striking ‘‘the Transportation Infrastructure 

5 Finance and Innovation Act of 1998’’ and inserting 

6 ‘‘chapter 6 (other than section 609) of title 23’’. 

7 (j) TRANSFER OF LANDS OR INTERESTS IN LANDS

8 OWNED BY THE UNITED STATES.—Section 5323 is 

9 amended by adding at the end the following: 

10 ‘‘(p) TRANSFER OF LANDS OR INTERESTS IN LANDS

11 OWNED BY THE UNITED STATES.—

12 ‘‘(1) IDENTIFICATION OF LANDS NECESSARY

13 FOR TRANSIT PURPOSES.—If the Secretary deter14 mines that any part of the lands or interests in 

15 lands owned by the United States and made avail16 able as a result of a military base closure is nec17 essary for public transportation purposes eligible 

18 under this chapter, including corridor preservation, 

19 the Secretary shall file with the Secretary of the De20 partment supervising the administration of such 

21 lands or interests in lands a map showing the por22 tion of such lands or interests in lands which is de23 sired to be transferred for public transportation pur24 poses. 
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1 ‘‘(2) DEADLINE FOR CERTIFICATION.—If, with2 in 4 months of such filing, the Secretary of such De3 partment has not certified to the Secretary that the 

4 proposed transfer of such land is contrary to the 

5 public interest or inconsistent with the purposes for 

6 which such land has been reserved or has agreed to 

7 the transfer under conditions that the Secretary of 

8 such Department considers necessary for the ade9 quate protection and utilization of the reserve, then 

10 such land and materials may be appropriated and 

11 transferred to a State, or local government, or public 

12 transportation operator for such purposes and sub13 ject to the conditions so specified. 

14 ‘‘(3) REVERSION.—If at any time such lands 

15 are no longer needed for public transportation pur16 poses, notice shall be given to the Secretary by the 

17 State, local government, or public transportation op18 erator that received the land, and such lands shall 

19 immediately revert to the control of the Secretary of 

20 the Department from which the land was originally 

21 transferred.’’. 

22 SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 

23 (a) IN GENERAL.—Section 5324 is amended to read 

24 as follows: 
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1 ‘‘§ 5324. Special provisions for capital projects 

2 ‘‘(a) RELOCATION PROGRAM REQUIREMENTS.—Fi3 nancial assistance may be provided under section 5309 

4 only if the Secretary decides that—

5 ‘‘(1) an adequate relocation program is being 

6 carried out for families displaced by a project; and 

7 ‘‘(2) an equal number of decent, safe, and sani8 tary dwellings are being, or will be, provided to those 

9 families in the same area or in another area gen10 erally not less desirable for public utilities and public 

11 and commercial facilities, at rents or prices within 

12 the financial means of those families, and with rea13 sonable access to their places of employment. 

14 ‘‘(b) ADVANCE REAL PROPERTY ACQUISITIONS.—

15 [Reserved.] 

16 ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, AND

17 ENVIRONMENTAL INTERESTS.—

18 ‘‘(1) COOPERATION AND CONSULTATION.—In 

19 carrying out the policy of section 5301(e), the Sec20 retary shall cooperate and consult with the Secre21 taries of the Interior, Health and Human Services, 

22 and Housing and Urban Development and the Ad23 ministrator of the Environmental Protection Agency 

24 on each project that may have a substantial impact 

25 on the environment. 
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1 ‘‘(2) PUBLIC PARTICIPATION IN ENVIRON2 MENTAL REVIEWS.—In performing environmental 

3 reviews, the Secretary shall review each transcript of 

4 a hearing submitted under section 5323(b) to estab5 lish that an adequate opportunity to present views 

6 was given to all parties having a significant eco7 nomic, social, or environmental interest in the 

8 project, and that the project application includes a 

9 record of—

10 ‘‘(A) the environmental impact of the pro11 posal; 

12 ‘‘(B) adverse environmental effects that 

13 cannot be avoided; 

14 ‘‘(C) alternatives to the proposal; and 

15 ‘‘(D) irreversible and irretrievable impacts 

16 on the environment. 

17 ‘‘(3) APPROVAL OF APPLICATIONS FOR ASSIST18 ANCE.—

19 ‘‘(A) FINDINGS BY THE SECRETARY.—The 

20 Secretary may approve an application for finan21 cial assistance for a capital project in accord22 ance with this chapter only if the Secretary 

23 makes written findings, after reviewing the ap24 plication and the transcript of any hearing held 
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1 before a State or local governmental authority 

2 under section 5323(b), that—

3 ‘‘(i) an adequate opportunity to 

4 present views was given to all parties hav5 ing a significant economic, social, or envi6 ronmental interest; 

7 ‘‘(ii) the preservation and enhance8 ment of the environment and the interest 

9 of the community in which the project is 

10 located were considered; and 

11 ‘‘(iii) no adverse environmental effect 

12 is likely to result from the project, or no 

13 feasible and prudent alternative to the ef14 fect exists and all reasonable steps have 

15 been taken to minimize the effect. 

16 ‘‘(B) HEARING.—If a hearing has not been 

17 conducted or the Secretary decides that the 

18 record of the hearing is inadequate for making 

19 the findings required by this subsection, the 

20 Secretary shall conduct a hearing on an envi21 ronmental issue raised by the application after 

22 giving adequate notice to interested persons. 

23 ‘‘(C) AVAILABILITY OF FINDINGS.—The 

24 Secretary’s findings under subparagraph (A) 

25 shall be made a matter of public record.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 53 is amended by striking the item relating to 

3 section 5324 and inserting the following:

‘‘5324. Special provisions for capital projects.’’.

4 SEC. 3025. CONTRACT REQUIREMENTS. 

5 (a) IN GENERAL.—Section 5325 is amended—

6 (1) by striking subsections (a) and (b) and in7 serting the following: 

8 ‘‘(a) COMPETITION.—Recipients of Federal assist9 ance under this chapter shall conduct all procurement 

10 transactions involving such assistance in a manner pro11 viding full and open competition, as determined by the 

12 Secretary. 

13 ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN

14 CONTRACTS.—

15 ‘‘(1) PROCEDURES FOR AWARDING CON16 TRACT.—A contract or requirement for program 

17 management, architectural engineering, construction 

18 management, a feasibility study, and preliminary en19 gineering, design, architectural, engineering, sur20 veying, mapping, or related services for a project for 

21 which Federal assistance is provided under this 

22 chapter shall be awarded in the same way as a con23 tract for architectural and engineering services is ne24 gotiated under chapter 11 of title 40 or an equiva25 lent qualifications-based requirement of a State. 
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1 ‘‘(2) EFFECT OF STATE LAWS.—This sub2 section does not apply to the extent a State has 

3 adopted, before the date of enactment of the Federal 

4 Public Transportation Act of 2004, by law a formal 

5 procedure for procuring those services. 

6 ‘‘(3) ADMINISTRATION OF CONTRACTS.—When 

7 awarding such contracts, recipients of assistance 

8 under this chapter shall maximize efficiencies of ad9 ministration by accepting nondisputed audits con10 ducted by other governmental agencies as follows: 

11 ‘‘(A) PERFORMANCE OF AUDITS.—Any 

12 contract or subcontract awarded under this 

13 chapter shall be performed and audited in com14 pliance with cost principles contained in the 

15 Federal Acquisition Regulation (part 31 of title 

16 48, Code of Federal Regulations). 

17 ‘‘(B) INDIRECT COST RATES.—Instead of 

18 performing its own audits, a recipient of funds 

19 under a contract or subcontract awarded under 

20 this chapter shall accept indirect cost rates es21 tablished in accordance with the Federal Acqui22 sition Regulation for one-year applicable ac23 counting periods by a cognizant Federal or 

24 State government agency, if such rates are not 

25 currently under dispute. 
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1 ‘‘(C) APPLICATION OF RATES.—Once a 

2 firm’s indirect cost rates are accepted under 

3 this paragraph, the recipient of the funds shall 

4 apply such rates for the purposes of contract 

5 estimation, negotiation, administration, report6 ing, and contract payment and shall not be lim7 ited by administrative or de facto ceilings. 

8 ‘‘(D) PRENOTIFICATION; CONFIDEN9 TIALITY OF DATA.—A recipient of funds re10 questing or using the cost and rate data de11 scribed in paragraph (3) shall notify any af12 fected firm before such request or use. Such 

13 data shall be confidential and shall not be ac14 cessible or provided, in whole or in part, to an15 other firm or to any government agency that is 

16 not part of the group of agencies sharing cost 

17 data under this paragraph, except by written 

18 permission of the audited firm. If prohibited by 

19 law, such cost and rate data shall not be dis20 closed under any circumstances.’’; and 

21 (2) by adding at the end the following: 

22 ‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.—

23 ‘‘(1) DEFINITION.—In this section, the term 

24 ‘design-build system project’ means a project under 

25 which a recipient enters into a contract with a seller, 
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•HR 3550 IH 

1 firm, or consortium of firms to design and build a 

2 public transportation system or an operable segment 

3 thereof that meets specific performance criteria. 

4 Such project may also include an option to finance, 

5 or operate for a period of time, the system or seg6 ment or any combination of designing, building, op7 erating, or maintaining such system or segment. 

8 ‘‘(2) FINANCIAL ASSISTANCE.—Government fi9 nancial assistance under this chapter may be made 

10 available for the capital costs of a design-build sys11 tem project after the recipient complies with Govern12 ment requirements. 

13 ‘‘(e) MULTIYEAR ROLLING STOCK.—

14 ‘‘(1) CONTRACTS.—A recipient procuring roll15 ing stock with Government financial assistance 

16 under this chapter may make a multiyear contract 

17 to buy the rolling stock and replacement parts under 

18 which the recipient has an option to buy additional 

19 rolling stock or replacement parts for not more than 

20 5 years after the date of the original contract. 

21 ‘‘(2) COOPERATION AMONG RECIPIENTS.—The 

22 Secretary shall allow at least 2 recipients to act on 

23 a cooperative basis to procure rolling stock in com24 pliance with this subsection and other Government 

25 procurement requirements. 
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1 ‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of fi2 nancial assistance under this chapter may enter into a 

3 contract to expend that assistance to acquire rolling 

4 stock—

5 ‘‘(1) based on—

6 ‘‘(A) initial capital costs; or 

7 ‘‘(B) performance, standardization, life 

8 cycle costs, and other factors; or 

9 ‘‘(2) with a party selected through a competi10 tive procurement process. 

11 ‘‘(g) EXAMINATION OF THE RECORDS.—Upon re12 quest, the Secretary, the Comptroller General, or a rep13 resentative of the Secretary or the Comptroller General 

14 shall have access to and the right to examine and inspect 

15 all records, documents, papers, including contracts, re16 lated to a project for which a grant is made under this 

17 chapter. 

18 ‘‘(h) GRANT PROHIBITIONS.—A grant may not be 

19 used to support a procurement that uses an exclusionary 

20 or discriminatory specification.’’. 

21 (b) CONFORMING AMENDMENTS.—Section 5326, and 

22 the item relating to section 5326 in the analysis for chap23 ter 53, are repealed. 
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1 SEC. 3026. 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) by striking the period at the end of para8 graph (12) and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(13) safety and security management.’’. 

11 (b) LIMITATIONS.—Section 5327(c) is amended to 

12 read as follows:

13 ‘‘(c) LIMITATIONS.—

14 ‘‘(1) LIMITATIONS ON USE OF AVAILABLE

15 AMOUNTS.—The Secretary may use not more than 

16 .5 percent of amounts made available for a fiscal 

17 year to carry out section 5311, not more than .75 

18 percent of amounts made available for a fiscal year 

19 to carry out section 5307, and not more than 1 per20 cent of amounts made available for a fiscal year to 

21 carry out section 5309 to make contracts for the fol22 lowing activities: 

23 ‘‘(A) To oversee the construction of a 

24 major project. 

25 ‘‘(B) To review and audit the safety and 

26 security, procurement, management, and finan-
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1 cial compliance of a recipient or subrecipient of 

2 funds under sections 5307, 5309, and 5311. 

3 ‘‘(C) To provide technical assistance to 

4 correct deficiencies identified in compliance re5 views and audits carried out under this section. 

6 ‘‘(2) LIMITATIONS ON APPLICABILITY.—Sub7 sections (a), (b), and (e) do not apply to contracts 

8 under this section for activities described in para9 graphs (1)(B) and (1)(C). 

10 ‘‘(3) GOVERNMENT’S SHARE OF COSTS.—The 

11 Government shall pay the entire cost of carrying out 

12 a contract under this subsection.’’. 

13 SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 

14 (a) IN GENERAL.—Section 5329 is amended to read 

15 as follows: 

16 ‘‘§ 5329. Investigation of safety and hazards 

17 ‘‘(a) IN GENERAL.—The Secretary may investigate 

18 safety and security risks associated with a condition in 

19 equipment, a facility, or an operation financed under this 

20 chapter that the Secretary believes causes a serious hazard 

21 of death or injury to establish the nature and extent of 

22 the condition and how to eliminate, mitigate, or correct 

23 it. 

24 ‘‘(b) PLANS FOR ELIMINATING, MITIGATING, OR

25 CORRECTING HAZARDS.—If the Secretary establishes that 
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1 a condition causes a hazard, the Secretary shall require 

2 the local governmental authority receiving amounts under 

3 this chapter to submit a plan for eliminating, mitigating, 

4 or correcting it. 

5 ‘‘(c) WITHHOLDING FINANCIAL ASSISTANCE.—Fi6 nancial assistance under this chapter, in an amount to be 

7 determined by the Secretary, may be withheld until a plan 

8 is approved and carried out.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 53 is amended by striking the item relating to 

11 section 5329 and inserting the following:

‘‘5329. Investigation of safety and hazards.’’.

12 SEC. 3028. STATE SAFETY OVERSIGHT. 

13 (a) IN GENERAL.—Section 5330 is amended—

14 (1) by striking the section heading and all that 

15 follows through subsection (a) and inserting the fol16 lowing: 

17 ‘‘§ 5330. State safety oversight 

18 ‘‘(a) APPLICATION.—This section applies only to—

19 ‘‘(1) States that have rail fixed guideway public 

20 transportation systems not subject to regulation by 

21 the Federal Railroad Administration; and 

22 ‘‘(2) States that are designing rail fixed guide23 way public transportation systems that will not be 

24 subject to regulation by the Federal Railroad Ad25 ministration.’’; 
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1 (2) in subsection (d) by inserting ‘‘shall ensure 

2 uniform safety standards and enforcement and’’ 

3 after ‘‘affected States’’; and 

4 (3) by striking subsection (f). 

5 (b) CONFORMING AMENDMENT.—The analysis for 

6 chapter 53 is amended by striking the item relating to 

7 section 5330 and inserting the following:

‘‘5330. State safety oversight.’’.

8 SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MIS9 USE TESTING. 

10 (a) DEFINITIONS.—Section 5331(a)(3) is amended 

11 by inserting after ‘‘title’’ the following: ‘‘or section 2303a, 

12 7101(i), or 7302(e) of title 46. The Secretary may also 

13 decide that a form of public transportation is covered ade14 quately, for employee alcohol and controlled substances 

15 testing purposes, under the alcohol and controlled sub16 stance statutes or regulations of an agency within the De17 partment of Transportation or the Coast Guard.’’. 

18 (b) TECHNICAL CORRECTIONS.—Subsections (b)(1) 

19 and (g) of section 5331 are each amended by striking ‘‘or 

20 section 103(e)(4) of title 23’’. 

21 (c) REGULATIONS.—Section 5331(f) is amended by 

22 striking paragraph (3). 

23 SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS. 

24 Section 5333(b)(1) is amended by striking ‘‘5318(d), 

25 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’’ 
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1 each place it appears and inserting ‘‘5316, 5317, 5318, 

2 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 

3 5338(b)’’. 

4 SEC. 3031. ADMINISTRATIVE PROCEDURES. 

5 Section 5334 is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘and’’ at the end of para8 graph (9); 

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

10 paragraph (10) and inserting ‘‘; and’’; and 

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

12 ‘‘(11) issue regulations as necessary to carry 

13 out the purposes of this chapter.’’; 

14 (2) by striking subsection (i); 

15 (3) by redesignating subsections (b) through (h) 

16 as subsections (c) through (i), respectively; 

17 (4) by inserting after subsection (a) the fol18 lowing: 

19 ‘‘(b) PROHIBITIONS AGAINST REGULATING OPER20 ATIONS AND CHARGES.—

21 ‘‘(1) IN GENERAL.—Except for purposes of na22 tional defense or in the event of a national or re23 gional emergency, the Secretary may not regulate 

24 the operation, routes, or schedules of a public trans25 portation system for which a grant is made under 
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1 this chapter, nor may the Secretary regulate the 

2 rates, fares, tolls, rentals, or other charges pre3 scribed by any provider of public transportation. 

4 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC5 TION.—Nothing in this subsection shall be construed 

6 to prevent the Secretary from requiring a recipient 

7 of funds under this chapter to comply with the 

8 terms and conditions of its Federal assistance agree9 ment.’’; and 

10 (5) in subsection (c)(4) (as so redesignated)—

11 (A) by striking ‘‘subsections (h) and (i)’’ 

12 and inserting ‘‘subsection (i)’’; and 

13 (B) by striking ‘‘5323(c), 5323(e), 

14 5324(c),’’. 

15 SEC. 3032. NATIONAL TRANSIT DATABASE. 

16 (a) IN GENERAL.—Section 5335 is amended—

17 (1) by striking the section heading and insert18 ing the following: 

19 ‘‘§ 5335. National transit database’’; 

20 (2) by striking subsection (b); and 

21 (3) in subsection (a)—

22 (A) by striking ‘‘(1) To help’’ and insert23 ing ‘‘To help’’; and 
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1 (B) by striking ‘‘(2) The Secretary’’ and 

2 inserting ‘‘(b) REPORTING AND UNIFORM SYS3 TEMS.—The Secretary’’. 

4 (b) CONFORMING AMENDMENT.—The analysis for 

5 chapter 53 is amended by striking the item relating to 

6 section 5335 and inserting the following:

‘‘5335. National transit database.’’.

7 SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY 

8 FACTORS. 

9 (a) DISTRIBUTION.—Section 5337 is amended by 

10 striking the section designation and all that follows before 

11 paragraph (1) of subsection (a) and inserting the fol12 lowing: 

13 ‘‘§ 5337. Apportionment based on fixed guideway fac14 tors 

15 ‘‘(a) DISTRIBUTION.—The Secretary shall apportion 

16 amounts made available for fixed guideway modernization 

17 under section 5338(b) as follows:’’. 

18 (b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR19 TIONMENT FORMULAS.—Section 5337(e) is amended by 

20 striking paragraph (1) and all that follows through ‘‘(2) 

21 OTHER STANDARDS.—’’. 

22 (c) CONFORMING AMENDMENT.—The item relating 

23 to section 5337 in the table of sections for chapter 53 is 

24 amended to read as follows:

‘‘5337. Apportionment based on fixed guideway factors.’’.
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1 SEC. 3034. AUTHORIZATIONS. 

2 Section 5338 is amended to read as follows: 

3 ‘‘§ 5338. Authorizations 

4 ‘‘(a) FORMULA GRANTS.—

5 ‘‘(1) FISCAL YEAR 2004.—

6 ‘‘(A) FROM TRUST FUND.—There shall be 

7 available from the Mass Transit Account of the 

8 Highway Trust Fund to carry out sections 

9 5307, 5310, 5311, 5316, 5317, and 5320 of 

10 this chapter, 1118(c) of the Transportation Eq11 uity Act: A Legacy for Users (relating to the 

12 nonmotorized transportation pilot program), 

13 and section 3038 of the Transportation Equity 

14 Act for the 21st Century (49 U.S.C. 5310 note; 

15 112 Stat. 392–393) $3,582,400,000 for fiscal 

16 year 2004. 

17 ‘‘(B) FROM GENERAL FUND.—In addition 

18 to amounts made available under subparagraph 

19 (A), there are authorized to be appropriated to 

20 carry out sections 5307, 5310, 5311, 5316, and 

21 5317, of this chapter, 1118(c) of the Transpor22 tation Equity Act: A Legacy for Users (relating 

23 to the nonmotorized transportation pilot pro24 gram) and section 3038 of the Transportation 

25 Equity Act for the 21st Century (49 U.S.C. 
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1 5310 note; 112 Stat. 392–393) $885,700,000 

2 for fiscal year 2004. 

3 ‘‘(C) ALLOCATION OF FUNDS.—Of the ag4 gregate of amounts made available by and ap5 propriated under this paragraph for a fiscal 

6 year—

7 ‘‘(i) $4,849,950 shall be available to 

8 the Alaska Railroad for improvements to 

9 its passenger operations under section 

10 5307; 

11 ‘‘(ii) $175,000,000 shall be available 

12 to provide job access and reverse commute 

13 formula grants under section 5316; 

14 ‘‘(iii) $100,000,000 shall be available 

15 to carry out the New Freedom program 

16 under section 5317; 

17 ‘‘(iv) $100,000,000 shall be available 

18 to provide clean fuels formula grants under 

19 section 5308; 

20 ‘‘(v) $10,000,000 shall be available to 

21 carry out the transit in the parks pilot pro22 gram under section 5320; 

23 ‘‘(vi) $5,000,000 shall be available to 

24 carry out the nonmotorized transportation 

25 pilot program under section 1118(c) of the 
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1 Transportation Equity Act: A Legacy for 

2 Users; 

3 ‘‘(vii) $10,000,000 shall be available 

4 to provide over-the-road bus accessibility 

5 grants under section 3038 of the Trans6 portation Equity Act for the 21st Century 

7 (49 U.S.C. 5310 note); 

8 ‘‘(viii) $100,503,751 shall be available 

9 to provide transportation services to elderly 

10 individuals and individuals with disabilities 

11 under section 5310; 

12 ‘‘(ix) $321,612,004 shall be available 

13 to provide financial assistance for other 

14 than urbanized areas under section 5311; 

15 and 

16 ‘‘(x) $3,598,034,295 shall be available 

17 to provide financial assistance for urban18 ized areas under section 5307, subject to 

19 section 3041(h) of the Federal Public 

20 Transportation Act of 2004. 

21 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

22 ‘‘(A) FROM TRUST FUND.—There shall be 

23 available from the Mass Transit Account of the 

24 Highway Trust Fund to carry out sections 

25 5307, 5308, 5310, 5311, 5316, 5317, 5318, 
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1 and 5320 of this chapter, section 3038 of the 

2 Transportation Equity Act for the 21st Century 

3 (49 U.S.C. 5310 note; 112 Stat. 392–393), and 

4 section 1118(c) of the Transportation Equity 

5 Act: A Legacy for Users (relating to the non6 motorized transportation pilot program)—

7 ‘‘(i) $5,249,750,000 for fiscal year 

8 2005; 

9 ‘‘(ii) $5,908,750,000 for fiscal year 

10 2006; 

11 ‘‘(iii) $6,623,500,000 for fiscal year 

12 2007; 

13 ‘‘(iv) $7,282,500,000 for fiscal year 

14 2008; and 

15 ‘‘(v) $8,053,000,000 for fiscal year 

16 2009. 

17 ‘‘(B) ALLOCATION OF FUNDS FOR CLEAN

18 FUELS FORMULA GRANTS, BUS TESTING, OVER19 THE-ROAD BUS ACCESSIBILITY, AND ALASKA

20 RAILROAD.—Of the aggregate of amounts made 

21 available by this paragraph for a fiscal year—

22 ‘‘(i) $100,000,000 shall be available 

23 to carry out section 5308; 

24 ‘‘(ii) $3,500,000 shall be available to 

25 carry out section 5318; 
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1 ‘‘(iii) $10,000,000 shall be available 

2 to carry out section 3038 of the Transpor3 tation Equity Act for the 21st Century (49 

4 U.S.C. 5310 note); and 

5 ‘‘(iv) $4,849,950 shall be available to 

6 the Alaska Railroad for improvements to 

7 its passenger operations under section 

8 5307. 

9 ‘‘(C) ALLOCATION OF FUNDS FOR JOB AC10 CESS AND REVERSE COMMUTE FORMULA

11 GRANTS.—Of the aggregate of amounts made 

12 available by this paragraph, $185,000,000 for 

13 fiscal year 2005, $195,000,000 for fiscal year 

14 2006, $205,000,000 for fiscal year 2007, 

15 $215,000,000 for fiscal year 2008, and 

16 $225,000,000 for fiscal year 2009 shall be 

17 available to carry out section 5316. 

18 ‘‘(D) ALLOCATION OF FUNDS FOR NEW

19 FREEDOM PROGRAM.—Of the aggregate of 

20 amounts made available by this paragraph, 

21 $120,000,000 for fiscal year 2005, 

22 $125,000,000 for fiscal year 2006, 

23 $150,000,000 for fiscal year 2007, 

24 $150,000,000 for fiscal year 2008, and 
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1 $175,000,000 for fiscal year 2009 shall be 

2 available to carry out section 5317. 

3 ‘‘(E) ALLOCATION OF FUNDS FOR TRANSIT

4 IN THE PARKS PILOT PROGRAM.—Of the aggre5 gate of amounts made available by this para6 graph, $10,000,000 for fiscal year 2005, 

7 $20,000,000 for fiscal year 2006, $20,000,000 

8 for fiscal year 2007, $20,000,000 for fiscal year 

9 2008, and $20,000,000 for fiscal year 2009 

10 shall be available to carry out section 5320. 

11 ‘‘(F) ALLOCATION OF FUNDS FOR NON12 MOTORIZED TRANSPORTATION PILOT PRO13 GRAM.—Of the aggregate of amounts made 

14 available by this paragraph, $5,000,000 for fis15 cal year 2005, $5,000,000 for fiscal year 2006, 

16 $10,000,000 for fiscal year 2007, $10,000,000 

17 for fiscal year 2008, and $10,000,000 for fiscal 

18 year 2009 shall be available to carry out section 

19 1118(c) of the Transportation Equity Act: A 

20 Legacy for Users (relating to the nonmotorized 

21 transportation pilot program). 

22 ‘‘(G) REMAINDER.—Of the remainder of 

23 the aggregate amounts made available by this 

24 paragraph for a fiscal year after the allocations 
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1 under subparagraphs (B) through (F) for such 

2 fiscal year—

3 ‘‘(i) 2.5 percent shall be available to 

4 provide transportation services to elderly 

5 individuals and individuals with disabilities 

6 under section 5310; 

7 ‘‘(ii) 8.0 percent shall be available to 

8 provide financial assistance for other than 

9 urbanized areas under section 5311; and 

10 ‘‘(iii) 89.5 percent shall be available to 

11 provide financial assistance for urbanized 

12 areas under section 5307, subject to sec13 tion 3041(h) of the Federal Public Trans14 portation Act of 2004. 

15 ‘‘(b) CAPITAL PROGRAM GRANTS.—

16 ‘‘(1) FISCAL YEAR 2004.—

17 ‘‘(A) FROM TRUST FUND.—There shall be 

18 available from the Mass Transit Account of the 

19 Highway Trust Fund to carry out section 5309, 

20 $2,820,800,000 for fiscal year 2004. 

21 ‘‘(B) FROM GENERAL FUND.—In addition 

22 to amounts made available by subparagraph 

23 (A), there is authorized to be appropriated to 

24 carry out section 5309, $705,200,000 for fiscal 

25 year 2004. 
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1 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

2 ‘‘(A) FROM TRUST FUND.—There shall be 

3 available from the Mass Transit Account of the 

4 Highway Trust Fund to carry out section 

5 5309—

6 ‘‘(i) $2,394,600,000 for fiscal year 

7 2005; 

8 ‘‘(ii) $2,686,200,000 for fiscal year 

9 2006; 

10 ‘‘(iii) $3,003,600,000 for fiscal year 

11 2007; 

12 ‘‘(iv) $3,295,200,000 for fiscal year 

13 2008; and 

14 ‘‘(v) $3,638,400,000 for fiscal year 

15 2009. 

16 ‘‘(B) FROM GENERAL FUND.—In addition 

17 to amounts made available by subparagraph 

18 (A), there are authorized to be appropriated to 

19 carry out section 5309—

20 ‘‘(i) $1,776,400,000 for fiscal year 

21 2005; 

22 ‘‘(ii) $2,000,800,000 for fiscal year 

23 2006; 

24 ‘‘(iii) $2,242,400,000 for fiscal year 

25 2007; 
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1 ‘‘(iv) $2,466,800,000 for fiscal year 

2 2008; and 

3 ‘‘(v) $2,725,600,000 for fiscal year 

4 2009. 

5 ‘‘(C) SMALL CAPITAL PROJECTS.—Before 

6 allocating under section 5309(m) amounts ap7 propriated under subparagraphs (A) and (B), 

8 the Secretary shall make available for capital 

9 investment grants of less than $75,000,000 

10 under section 5309(d)—

11 ‘‘(i) $150,000,000 for fiscal year 

12 2004; 

13 ‘‘(ii) $180,000,000 for fiscal year 

14 2005; 

15 ‘‘(iii) $210,000,000 for fiscal year 

16 2006; 

17 ‘‘(iv) $240,000,000 for fiscal year 

18 2007; 

19 ‘‘(v) $270,000,000 for fiscal year 

20 2008; and 

21 ‘‘(vi) $300,000,000 for fiscal year 

22 2009. 

23 ‘‘(c) PLANNING.—

24 ‘‘(1) FISCAL YEAR 2004.—
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1 ‘‘(A) FROM TRUST FUND.—There shall be 

2 available from the Mass Transit Account of the 

3 Highway Trust Fund to carry out sections 

4 5303, 5304, and 5305, $82,000,000 for fiscal 

5 year 2004. 

6 ‘‘(B) FROM GENERAL FUND.—In addition 

7 to amounts made available by subparagraph 

8 (A), there is authorized to be appropriated to 

9 carry out sections 5303, 5304, and 5305, 

10 $20,500,000 for fiscal year 2004. 

11 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

12 ‘‘(A) FROM THE TRUST FUND.—There 

13 shall be available from the Mass Transit Ac14 count of the Highway Trust Fund to carry out 

15 sections 5303, 5304, and 5305—

16 ‘‘(i) $121,250,000 for fiscal year 

17 2005; 

18 ‘‘(ii) $136,250,000 for fiscal year 

19 2006; 

20 ‘‘(iii) $152,500,000 for fiscal year 

21 2007; 

22 ‘‘(iv) $167,500,000 for fiscal year 

23 2008; and 

24 ‘‘(v) $185,000,000 for fiscal year 

25 2009. 
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1 ‘‘(B) ALLOCATION OF FUNDS.—Of the 

2 funds made available by this paragraph for a 

3 fiscal year—

4 ‘‘(i) 82.72 percent shall be available 

5 for metropolitan planning under sections 

6 5303, 5304, and 5305 (other than 

7 5305(e)); and 

8 ‘‘(ii) 17.28 percent shall be available 

9 for State planning under section 5305(e). 

10 ‘‘(d) RESEARCH.—

11 ‘‘(1) FISCAL YEAR 2004.—

12 ‘‘(A) FROM TRUST FUND.—There shall be 

13 available from the Mass Transit Account of the 

14 Highway Trust Fund to carry out sections 

15 5311(b), 5312, 5313, 5314, 5315, and 5322, 

16 $44,800,000 for fiscal year 2004. 

17 ‘‘(B) FROM GENERAL FUND.—In addition 

18 to amounts made available by subparagraph 

19 (A), there is authorized to be appropriated to 

20 carry out sections 5311(b), 5312, 5313, 5314, 

21 5315, and 5322, $11,200,000 for fiscal year 

22 2004. 

23 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
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1 ‘‘(A) FROM THE GENERAL FUND.—There 

2 is authorized to be appropriated to carry out 

3 sections 5312, 5313, 5314, 5315, and 5322—

4 ‘‘(i) $67,000,000 for fiscal year 2005; 

5 ‘‘(ii) $74,000,000 for fiscal year 2006; 

6 ‘‘(iii) $81,000,000 for fiscal year 

7 2007; 

8 ‘‘(iv) $88,000,000 for fiscal year 

9 2008; and 

10 ‘‘(v) $95,000,000 for fiscal year 2009. 

11 ‘‘(B) ALLOCATION OF FUNDS FOR NA12 TIONAL TRANSIT INSTITUTE, NATIONAL TRAN13 SIT DATABASE, AND PROJECT ACTION EASTER

14 SEALS.—Of the funds appropriated pursuant to 

15 this paragraph for a fiscal year—

16 ‘‘(i) not less than $5,000,000 shall be 

17 available to carry out programs under the 

18 National Transit Institute under section 

19 5315; 

20 ‘‘(ii) not less than $4,000,000 shall be 

21 available to carry out section 5335; and 

22 ‘‘(iii) not less than $4,000,000 shall 

23 be available to carry out section 

24 5314(a)(2). 
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1 ‘‘(C) ALLOCATION OF FUNDS FOR TRANSIT

2 COOPERATIVE RESEARCH PROGRAM.—Of the 

3 funds appropriated pursuant to this paragraph, 

4 $12,500,000 for fiscal year 2005, $12,500,000 

5 for fiscal year 2006, $15,000,000 for fiscal year 

6 2007, $15,000,000 for fiscal year 2008, and 

7 $15,000,000 for fiscal year 2009 shall be avail8 able to carry out section 5313(a). 

9 ‘‘(D) REMAINDER.—The remainder of the 

10 funds appropriated pursuant to this paragraph 

11 for a fiscal year after the allocations under sub12 paragraphs (A) and (B) for such fiscal year 

13 shall be available to carry out national research 

14 and technology programs under sections 5312, 

15 5314, and 5322. 

16 ‘‘(e) UNIVERSITY TRANSPORTATION RESEARCH.—

17 ‘‘(1) FISCAL YEAR 2004.—

18 ‘‘(A) FROM TRUST FUND.—There shall be 

19 available from the Mass Transit Account of the 

20 Highway Trust Fund to carry out sections 

21 5505 and 5506, $8,000,000 for fiscal year 

22 2004. 

23 ‘‘(B) FROM GENERAL FUND.—In addition 

24 to amounts made available by subparagraph 

25 (A), there is authorized to be appropriated to 
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1 carry out sections 5505 and 5506, $2,000,000 

2 for fiscal year 2004. 

3 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—Sub4 ject to paragraph (3), there is authorized to be ap5 propriated to carry out sections 5505 and 5506, 

6 $10,000,000 for each of fiscal years 2005 through 

7 2009. 

8 ‘‘(3) FUNDING OF UNIVERSITY TRANSPOR9 TATION CENTERS.—

10 ‘‘(A) IN GENERAL.—Of the amounts made 

11 available by and appropriated under paragraphs 

12 (1) and (2)—

13 ‘‘(i) $2,000,000 for each fiscal year 

14 shall be available for the institution identi15 fied in section 5505(j)(4)(A), as in effect 

16 on the day before the date of enactment of 

17 the Federal Public Transportation Act of 

18 2004; 

19 ‘‘(ii) $2,000,000 for each fiscal year 

20 shall be available for the institution identi21 fied in section 5505(j)(4)(F), as so in ef22 fect; and 

23 ‘‘(iii) $2,000,000 for each of fiscal 

24 years 2004, 2005, and 2006 shall be avail-
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1 able for the institution identified in section 

2 5505(j)(3)(E), as so in effect. 

3 ‘‘(B) USE OF FUNDS.—Funds made avail4 able for each of the institutions identified in 

5 subparagraphs (A)(i) and (A)(ii) shall be used 

6 to make grants under section 5505(d) for those 

7 institutions. Funds made available for the insti8 tution identified in subparagraph (A)(iii) shall 

9 be used to make grants under 5506(f)(5) for 

10 that institution. 

11 ‘‘(C) SPECIAL RULE.—Nothing in this sub12 section shall be construed to limit the transpor13 tation research conducted by the centers funded 

14 by this section. 

15 ‘‘(f) ADMINISTRATION.—

16 ‘‘(1) FISCAL YEAR 2004.—

17 ‘‘(A) FROM TRUST FUND.—There shall be 

18 available from the Mass Transit Account of the 

19 Highway Trust Fund to carry out section 5334, 

20 $61,600,000 for fiscal year 2004. 

21 ‘‘(B) FROM GENERAL FUND.—In addition 

22 to amounts made available under subparagraph 

23 (A), there are authorized to be appropriated to 

24 carry out section 5334, $15,400,000 for fiscal 

25 year 2004. 
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1 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

2 There are authorized to be appropriated to carry out 

3 section 5334—

4 ‘‘(A) $81,000,000 for fiscal year 2005; 

5 ‘‘(B) $84,000,000 for fiscal year 2006; 

6 ‘‘(C) $87,000,000 for fiscal year 2007; 

7 ‘‘(D) $90,000,000 for fiscal year 2008; 

8 and 

9 ‘‘(E) $93,000,000 for fiscal year 2009. 

10 ‘‘(g) GRANTS AS CONTRACTUAL OBLIGATIONS.—

11 ‘‘(1) GRANTS FINANCED FROM HIGHWAY TRUST

12 FUND.—A grant or contract approved by the Sec13 retary, that is financed with amounts made available 

14 under subsection (a)(l)(A), (a)(2), (b)(1)(A), (b)(2), 

15 (c)(2), (d)(1)(A), (e)(1)(A), or (f)(1)(A) is a contrac16 tual obligation of the Government to pay the Gov17 ernment’s share of the cost of the project. 

18 ‘‘(2) GRANTS FINANCED FROM GENERAL

19 FUND.—A grant or contract, approved by the Sec20 retary, that is financed with amounts made available 

21 under subsection (a)(l)(B), (b)(1)(B), (b)(2)(B), 

22 (c)(1)(B), (d)(1)(B), (d)(2), (e)(1)(B), (e)(2), 

23 (f)(1)(B), or (f)(2) is a contractual obligation of the 

24 Government to pay the Government’s share of the 
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1 cost of the project only to the extent that amounts 

2 are provided in advance in an appropriations Act. 

3 ‘‘(h) AVAILABILITY OF AMOUNTS.—Amounts made 

4 available by or appropriated under subsections (a) through 

5 (f) shall remain available until expended.’’. 

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

7 (a) IN GENERAL.—Section 3038 of the Transpor8 tation Equity Act for the 21st Century (49 U.S.C. 5310 

9 note; 112 Stat. 392) is amended—

10 (1) by striking the section heading and insert11 ing the following: 

12 ‘‘SEC. 3038. OVER-THE-ROAD BUS ACCESSIBILITY PRO13 GRAM’’; 

14 (2) by striking subsection (e) and inserting the 

15 following: 

16 ‘‘(e) FEDERAL SHARE OF COSTS.—The Federal 

17 share of costs under this section shall be provided from 

18 funds made available to carry out this section. The Fed19 eral share of the costs for a project shall not exceed 50 

20 percent of the project cost.’’; and 

21 (3) by striking subsection (g) and inserting the 

22 following: 

23 ‘‘(g) FUNDING.—

24 ‘‘(1) Of the amounts made available to carry 

25 out this section in each fiscal year, 75 percent shall 
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1 be available for operators of over-the-road buses 

2 used substantially or exclusively in intercity, fixed3 route over-the-road bus service to finance the incre4 mental capital and training costs of the Department 

5 of Transportation’s final rule regarding accessibility 

6 of over-the-road buses. Such amounts shall remain 

7 available until expended. 

8 ‘‘(2) Of the amounts made available to carry 

9 out this section in each fiscal year, 25 percent shall 

10 be available for operators of other over-the-road bus 

11 service to finance the incremental capital and train12 ing costs of the Department of Transportation’s 

13 final rule regarding accessibility of over-the-road 

14 buses. Such amounts shall remain available until ex15 pended.’’. 

16 (b) CONFORMING AMENDMENTS.—The table of con17 tents contained in section 1(b) of the Transportation Eq18 uity Act for the 21st Century (112 Stat. 107) is amended 

19 by striking the item relating to section 3038 and inserting 

20 the following:

‘‘Sec. 3038. Over-the-road bus accessibility program.’’.

21 SEC. 3036. UPDATED TERMINOLOGY. 

22 Chapter 53, including the chapter analysis, is amend23 ed by striking ‘‘mass’’ each place it appears before ‘‘trans24 portation’’ and inserting ‘‘public’’, except in sections 
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1 5301(f), 5302(a)(7), 5315, 5323(a)(1), and 

2 5323(a)(1)(B). 

3 SEC. 3037. PROJECTS FOR NEW FIXED GUIDEWAY SYSTEMS 

4 AND EXTENSIONS TO EXISTING SYSTEMS. 

5 (a) EXISTING FULL FUNDING GRANT AGREE6 MENTS.—The following projects are authorized for final 

7 design and construction for existing full funding grant 

8 agreements: 

9 (1) Atlanta-North Springs Extension. 

10 (2) Baltimore-Central LRT Double Tracking. 

11 (3) Boston-South Boston Piers Transitway 

12 MOS-2. 

13 (4) Chicago-Chicago Transit Authority Douglas 

14 Branch Reconstruction. 

15 (5) Dallas-North Central LRT Extension. 

16 (6) Denver Southeast Corridor LRT. 

17 (7) Fort Lauderdale-Tri-Rail Commuter Rail 

18 Upgrade. 

19 (8) Los Angeles-North Hollywood MOS-3. 

20 (9) Memphis-Medical Center Extension. 

21 (10) Metra North Central Corridor Commuter 

22 Rail. 

23 (11) Metra Southwest Corridor Commuter Rail. 

24 (12) Metra Union-Pacific West Line Extension. 

25 (13) Minneapolis-Hiawatha Corridor LRT. 
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1 (14) New Jersey Urban Core-Hudson-Bergen 

2 LRT. 

3 (15) Newark Rail Link. 

4 (16) New Orleans-Canal Street. 

5 (17) Northern New Jersey—Hudson-Bergen 

6 LRT MOS-2. 

7 (18) Pittsburgh-Stage II LRT Reconstruction. 

8 (19) Portland-Interstate MAX LRT Extension. 

9 (20) Salt Lake City-CBD to University LRT. 

10 (21) Salt Lake City-Medical Center. 

11 (22) San Diego-Mission Valley East LRT Ex12 tension. 

13 (23) San Diego-Oceanside Escondido Rail Cor14 ridor. 

15 (24) San Francisco-BART Extension to San 

16 Francisco Airport. 

17 (25) San Juan-Tren Urbano. 

18 (26) Seattle-Central Link Initial Segment LRT. 

19 (27) St. Louis St. Clair-MetroLink Extension 

20 Phase IIa. 

21 (28) Washington DC/MD-Largo Metrorail Ex22 tension. 

23 (b) ALTERNATIVES ANALYSIS, PRELIMINARY ENGI24 NEERING, FINAL DESIGN, AND CONSTRUCTION.—The fol25 lowing projects are authorized for alternatives analysis, 
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1 preliminary engineering, final design, and construction for 

2 fiscal years 2004 through 2009 under section 

3 5309(m)(I)(B) of title 49, United States Code: [List to 

4 be supplied.] 

5 SEC. 3038. PROJECTS FOR BUS AND BUS-RELATED FACILI6 TIES. 

7 Of the amounts made available to carry out section 

8 5309(m)(1)(C) of title 49, United States Code, for each 

9 of fiscal years 2004 through 2006, the Secretary shall 

10 make funds available for the following projects in not less 

11 than the amounts specified for the fiscal year: [List to 

12 be supplied.] 

13 SEC. 3039. FUEL CELL BUS PROGRAM. 

14 [Reserved.] 

15 SEC. 3040. EXTENSION OF PUBLIC TRANSIT VEHICLE EX16 EMPTION FROM AXLE WEIGHT RESTRIC17 TIONS. 

18 Section 1023(h)(1) of the Intermodal Surface Trans19 portation Efficiency Act of 1991 (23 U.S.C. 127 note; 106 

20 Stat. 1552) is amended by striking ‘‘2003’’ and inserting 

21 ‘‘2009’’.

22 SEC. 3041. HIGH-INTENSITY SMALL-URBANIZED AREA FOR23 MULA GRANT PROGRAM. 

24 (a) DEFINITIONS.—In this section, the following defi25 nitions apply: 
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1 (1) ELIGIBLE AREA.—The term ‘‘eligible area’’ 

2 means an urbanized area with a population of less 

3 than 200,000 that meets or exceeds in one or more 

4 performance categories the industry average for all 

5 urbanized areas with a population of at least 

6 200,000 but not more than 999,999, as determined 

7 by the Secretary in accordance with subsection 

8 (c)(2). 

9 (2) PERFORMANCE CATEGORY.—The term 

10 ‘‘performance category’’ means each of the following: 

11 (A) Passenger miles traveled per vehicle 

12 revenue mile. 

13 (B) Passenger miles traveled per vehicle 

14 revenue hour. 

15 (C) Vehicle revenue miles per capita. 

16 (D) Vehicle revenue hours per capita. 

17 (E) Passenger miles traveled per capita. 

18 (F) Passengers per capita. 

19 (b) GENERAL AUTHORITY.—In order to address the 

20 needs of small urbanized areas with unusually high levels 

21 of public transportation service, the Secretary shall make 

22 capital and operating grants under this section to eligible 

23 recipients described in subsection (d) for use in eligible 

24 areas. 

25 (c) APPORTIONMENT.—
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1 (1) APPORTIONMENT FORMULA.—Funds made 

2 available for grants under this section in a fiscal 

3 year shall be apportioned among eligible areas in the 

4 ratio that—

5 (A) the number of performance categories 

6 for which each eligible area meets or exceeds 

7 the industry average in urbanized areas with a 

8 population of at least 200,000 but not more 

9 than 999,999; bears to 

10 (B) the aggregate number of performance 

11 categories for which all eligible areas meet or 

12 exceed the industry average in urbanized areas 

13 with a population of at least 200,000 but not 

14 more than 999,999. 

15 (2) DATA USED IN FORMULA.—The Secretary 

16 shall calculate apportionments under this subsection 

17 for a fiscal year using data from the national transit 

18 database used to calculate apportionments for that 

19 fiscal year under section 5336 of title 49, United 

20 States Code. 

21 (d) ELIGIBLE RECIPIENT.—Grant amounts appor22 tioned to an eligible area under this section shall be made 

23 available to a public transportation agency or other gov24 ernmental entity in the eligible area for obligation in the 

25 eligible area. 
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1 (e) GOVERNMENT’S SHARE OF COSTS.—

2 (1) CAPITAL GRANTS.—A grant for a capital 

3 project under this section (including associated cap4 ital maintenance items) shall be for 80 percent of 

5 the net capital costs of the project, as determined by 

6 the Secretary. The recipient may provide additional 

7 local matching amounts for such projects. 

8 (2) OPERATING GRANTS.—A grant under this 

9 section for operating assistance may not exceed 50 

10 percent of the net operating costs of the project, as 

11 determined by the Secretary. 

12 (3) REMAINDER.—The remainder of the net 

13 project costs may be provided from an undistributed 

14 cash surplus, a replacement or depreciation cash 

15 fund or reserve, or new capital. 

16 (f) PERIOD OF AVAILABILITY.—Funds apportioned 

17 under this section to an eligible area shall remain available 

18 for obligation in that eligible area for a period of 3 years 

19 after the last day of the fiscal year for which the funds 

20 are authorized. Any amounts so apportioned that remain 

21 unobligated at the end of that period shall be added to 

22 the amount that may be apportioned under this section 

23 in the next fiscal year. 

24 (g) APPLICATION OF OTHER SECTIONS.—Sections 

25 5302, 5318, 5323, 5332, 5333, and 5336(e) of title 49, 
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1 United States Code, apply to this section and to a grant 

2 made under this section. 

3 (h) FUNDING.—Of the amounts made available to 

4 carry out section 5307 of title 49, United States Code, 

5 $35,000,000 for fiscal year 2004, $38,000,000 for fiscal 

6 year 2005, $41,000,000 for fiscal year 2006, $44,000,000 

7 for fiscal year 2007, $47,000,000 for fiscal year 2008, and 

8 $50,000,000 for fiscal year 2009 shall be available to 

9 carry out this section. 

10 (i) TECHNICAL AMENDMENTS.—Section 5336 is 

11 amended—

12 (1) in subsection (a) by striking ‘‘of this title’’ 

13 and inserting ‘‘to carry out section 5307’’; 

14 (2) in subsection (j) by striking ‘‘a grant made 

15 under’’ each place it appears and inserting ‘‘a grant 

16 made with funds apportioned under’’; and 

17 (3) in subsection (k)(1) by striking ‘‘section 

18 5302(a)(13) of this title’’ and inserting ‘‘section 

19 5302(a)’’. 

20 SEC. 3042. ALLOCATIONS FOR NATIONAL RESEARCH AND 

21 TECHNOLOGY PROGRAMS. 

22 (a) IN GENERAL.—Amounts appropriated pursuant 

23 to section 5338(d) of title 49, United States Code, for na24 tional research and technology programs under sections 
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1 5312, 5314, and 5322 of such title shall be allocated as 

2 follows: 

3 (1) SAFETY AND EMERGENCY PREPARED4 NESS.—For carrying out safety and emergency pre5 paredness research activities consisting of technical 

6 assistance, training, and data analysis and reporting 

7 to improve public transportation system safety and 

8 security and emergency preparedness—

9 (A) $6,300,000 for fiscal year 2004; 

10 (B) $7,900,000 for fiscal year 2005; 

11 (C) $9,200,000 for fiscal year 2006; 

12 (D) $10,100,000 for fiscal year 2007; 

13 (E) $11,400,000 for fiscal year 2008; and 

14 (F) $12,750,000 for fiscal year 2009. 

15 (2) EQUIPMENT AND INFRASTRUCTURE.—For 

16 carrying out equipment and infrastructure research 

17 activities on public transportation and infrastructure 

18 technologies and methods and voluntary industry 

19 standards development—

20 (A) $5,200,000 for fiscal year 2004; 

21 (B) $6,500,000 for fiscal year 2005; 

22 (C) $7,700,000 for fiscal year 2006; 

23 (D) $8,400,000 for fiscal year 2007; 

24 (E) $9,500,000 for fiscal year 2008; and 

25 (F) $10,600,000 for fiscal year 2009. 
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1 (3) PUBLIC TRANSPORTATION OPERATIONS EF2 FICIENCY.—For carrying out public transportation 

3 operations efficiency research activities on high-per4 formance public transportation services and other in5 novations in fleet operations and maintenance—

6 (A) $4,200,000 for fiscal year 2004; 

7 (B) $5,300,000 for fiscal year 2005; 

8 (C) $6,100,000 for fiscal year 2006; 

9 (D) $6,700,000 for fiscal year 2007; 

10 (E) $7,600,000 for fiscal year 2008; and 

11 (F) $8,500,000 for fiscal year 2009. 

12 (4) ENERGY INDEPENDENCE AND ENVIRON13 MENTAL PROTECTION.—For carrying out energy 

14 independence and environmental protection research 

15 activities on improved public transportation energy 

16 use and propulsion systems and public transpor17 tation oriented development—

18 (A) $3,100,000 for fiscal year 2004; 

19 (B) $4,000,000 for fiscal year 2005; 

20 (C) $4,600,000 for fiscal year 2006; 

21 (D) $5,000,000 for fiscal year 2007; 

22 (E) $5,700,000 for fiscal year 2008; and 

23 (F) $6,400,000 for fiscal year 2009. 

24 (5) MOBILITY MANAGEMENT.—For carrying out 

25 research activities on mobility management, as de-
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1 scribed in section 5302(a)(1) of title 49, United 

2 States Code—

3 (A) $6,300,000 for fiscal year 2004; 

4 (B) $7,900,000 for fiscal year 2005; 

5 (C) $9,200,000 for fiscal year 2006; 

6 (D) $10,100,000 for fiscal year 2007; 

7 (E) $11,400,000 for fiscal year 2008; and 

8 (F) $12,750,000 for fiscal year 2009. 

9 (6) PUBLIC TRANSPORTATION CAPACITY BUILD10 ING.—For carrying out public transportation capac11 ity building activities consisting of workforce and in12 dustry development, the International Mass Trans13 portation Program, and technology transfer and in14 dustry adoption activities—

15 (A) $2,100,000 for fiscal year 2004; 

16 (B) $2,600,000 for fiscal year 2005; 

17 (C) $3,100,000 for fiscal year 2006; 

18 (D) $3,400,000 for fiscal year 2007; 

19 (E) $3,800,000 for fiscal year 2008; and 

20 (F) $4,300,000 for fiscal year 2009. 

21 (7) STRATEGIC PLANNING AND PERFORMANCE

22 MEASURES.—For carrying out strategic planning 

23 and performance measures consisting of policy and 

24 program development, research program planning 
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1 and performance, evaluation, and industry out2 reach—

3 (A) $3,100,000 for fiscal year 2004; 

4 (B) $4,000,000 for fiscal year 2005; 

5 (C) $4,600,000 for fiscal year 2006; 

6 (D) $5,000,000 for fiscal year 2007; 

7 (E) $5,700,000 for fiscal year 2008; and 

8 (F) $6,400,000 for fiscal year 2009. 

9 (b) REMAINDER.—After making allocations under 

10 subsection (a) of this section and section 5338(d)(2) of 

11 title 49, United States Code, the remainder of funds made 

12 available by section 5338(d)(2) of such title for national 

13 research and technology programs under sections 5312, 

14 5314, and 5322 for a fiscal year shall be allocated at the 

15 discretion of the Secretary to other transit research, devel16 opment, demonstration and deployment projects author17 ized by sections 5312, 5314 and 5322 of such title. 

18 SEC. 3043. OBLIGATION CEILING. 

19 Notwithstanding any other provision of law, the total 

20 of all obligations from amounts made available from the 

21 Mass Transit Account of the Highway Trust Fund by, and 

22 amounts appropriated under, subsections (a) through (f) 

23 of section 5338 of title 49, United States Code, shall not 

24 exceed—

25 (1) $8,200,000,000 for fiscal year 2004; 
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1 (2) $9,700,000,000 for fiscal year 2005; 

2 (3) $10,900,000,000 for fiscal year 2006; 

3 (4) $12,200,000,000 for fiscal year 2007; 

4 (5) $13,400,000,000 for fiscal year 2008; and 

5 (6) $14,800,000,000 for fiscal year 2009. 

6 SEC. 3044. ADJUSTMENTS FOR THE SURFACE TRANSPOR7 TATION EXTENSION ACT OF 2003. 

8 (a) IN GENERAL.—Notwithstanding any other provi9 sion of law, the Secretary shall ensure that the total ap10 portionments and allocations made to a designated grant 

11 recipient under section 5338 of title 49, United States 

12 Code, for fiscal year 2004 shall be reduced by the amount 

13 apportioned to such designated recipient pursuant to sec14 tion 8 of the Surface Transportation Extension Act of 

15 2003 (117 Stat. 1121). 

16 (b) FIXED GUIDEWAY MODERNIZATION ADJUST17 MENT.—In making the apportionments described in sub18 section (a), the Secretary shall adjust the amount appor19 tioned to each urbanized area for fixed guideway mod20 ernization for fiscal year 2004 to reflect the method for 

21 apportioning funds in section 5337(a) of title 49, United 

22 States Code.
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1 TITLE IV—MOTOR CARRIER 

2 SAFETY 

3 SEC. 4001. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) ADMINISTRATIVE EXPENSES.—Section 31104 of 

5 title 49, United States Code, is amended by adding the 

6 following at the end: 

7 ‘‘(i) ADMINISTRATIVE EXPENSES.—

8 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated from the 

10 Highway Trust Fund (other than the Mass Transit 

11 Account) for the Secretary of Transportation to pay 

12 administrative expenses of the Federal Motor Car13 rier Safety Administration—

14 ‘‘(A) $235,000,000 for fiscal year 2004; 

15 ‘‘(B) $244,000,000 for fiscal year 2005; 

16 ‘‘(C) $252,000,000 for fiscal year 2006; 

17 ‘‘(D) $261,000,000 for fiscal year 2007; 

18 ‘‘(E) $269,000,000 for fiscal year 2008; 

19 and 

20 ‘‘(F) $279,000,000 for fiscal year 2009. 

21 ‘‘(2) USE OF FUNDS.—The funds authorized by 

22 this subsection shall be used for personnel costs; ad23 ministrative infrastructure; rent; information tech24 nology; programs for research and technology, infor25 mation management, regulatory development (in-
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1 cluding a medical review board), the administration 

2 of the performance and registration information sys3 tem management, and outreach and education; other 

4 operating expenses; and such other expenses as may 

5 from time to time become necessary to implement 

6 statutory mandates of the Administration not fund7 ed from other sources. 

8 ‘‘(3) PERIOD OF AVAILABILITY.—The amounts 

9 made available under this section shall remain avail10 able until expended. 

11 ‘‘(4) INITIAL DATE OF AVAILABILITY.—Author12 izations from the Highway Trust Fund (other than 

13 the Mass Transit Account) to carry out subtitle IV, 

14 part B, and subtitle VI, part B, of this title, or the 

15 provisions of title IV of the Transportation Equity 

16 Act: A Legacy for Users, shall be available for obli17 gation on the date of their apportionment or alloca18 tion or on October 1 of the fiscal year for which they 

19 are authorized, whichever occurs first. 

20 ‘‘(5) CONTRACT AUTHORITY.—Approval by the 

21 Secretary of a grant with funds made available 

22 under paragraph (4) imposes upon the United 

23 States a contractual obligation for payment of the 

24 Government’s share of costs incurred in carrying out 

25 the objectives of the grant.’’. 
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1 (b) GRANT PROGRAMS.—There are authorized to be 

2 appropriated from the Highway Trust Fund (other than 

3 the Mass Transit Account) the following sums for the fol4 lowing Federal Motor Carrier Safety Administration pro5 grams: 

6 (1) For commercial driver’s license program im7 provement grants under section 31313 of title 49, 

8 United States Code—

9 (A) $22,000,000 for fiscal year 2004; 

10 (B) $22,000,000 for fiscal year 2005; 

11 (C) $23,000,000 for fiscal year 2006; 

12 (D) $23,000,000 for fiscal year 2007; 

13 (E) $24,000,000 for fiscal year 2008; and 

14 (F) $25,000,000 for fiscal year 2009. 

15 (2) For border enforcement grants under sec16 tion 31107 of such title—

17 (A) $32,000,000 for fiscal year 2004; 

18 (B) $33,000,000 for fiscal year 2005; 

19 (C) $33,000,000 for fiscal year 2006; 

20 (D) $34,000,000 for fiscal year 2007; 

21 (E) $35,000,000 for fiscal year 2008; and 

22 (F) $36,000,000 for fiscal year 2009. 

23 (3) For the performance and registration infor24 mation system management grant program under 

25 section 31109 of such title— 
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1 (A) $4,000,000 for fiscal year 2004; 

2 (B) $4,000,000 for fiscal year 2005; 

3 (C) $4,000,000 for fiscal year 2006; 

4 (D) $4,000,000 for fiscal year 2007; 

5 (E) $4,000,000 for fiscal year 2008; and 

6 (F) $4,000,000 for fiscal year 2009.

7 (4) COMMERCIAL VEHICLE INFORMATION SYS8 TEMS AND NETWORKS DEPLOYMENT.—For carrying 

9 out the commercial vehicle information systems and 

10 networks deployment program under section 4009 of 

11 this Act, $25,000,000 for each of fiscal years 2004 

12 through 2009. 

13 (c) PERIOD OF AVAILABILITY.—The amounts made 

14 available under subsection (b) of this section shall remain 

15 available until expended. 

16 (d) INITIAL DATE OF AVAILABILITY.—Amounts au17 thorized to be appropriated from the Highway Trust Fund 

18 (other than the Mass Transit Account) by subsection (b) 

19 shall be available for obligation on the date of their appor20 tionment or allocation or on October 1 of the fiscal year 

21 for which they are authorized, whichever occurs first. 

22 (e) CONTRACT AUTHORITY.—Approval by the Sec23 retary of a grant with funds made available under sub24 section (b) imposes upon the United States a contractual 
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1 obligation for payment of the Government’s share of costs 

2 incurred in carrying out the objectives of the grant. 

3 SEC. 4002. MOTOR CARRIER SAFETY GRANTS. 

4 (a) STATE PLAN CONTENTS.—Section 31102(b)(1) 

5 of title 49, United States Code, is amended— 

6 (1) by striking subparagraph (A) and inserting 

7 the following: 

8 ‘‘(A) implements performance-based activities, 

9 including deployment of technology to enhance the 

10 efficiency and effectiveness of commercial motor ve11 hicle safety programs;’’; 

12 (2) by striking subparagraph (Q) and inserting 

13 the following: 

14 ‘‘(Q) provides that the State has established a 

15 program to ensure accurate, complete, and timely 

16 motor carrier safety data is collected and reported to 

17 the Secretary and includes a procedure to allow nec18 essary corrections of incorrect data;’’; 

19 (3) by aligning subparagraph (R) with subpara20 graph (S); 

21 (4) by striking ‘‘and’’ at the end of subpara22 graph (S); 

23 (5) by striking the period at the end of sub24 paragraph (T) and inserting a semicolon; and 

25 (6) by adding at the end the following: 
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1 ‘‘(U) provides that the State will include in 

2 the training manual for the licensing examina3 tion to drive a noncommercial motor vehicle and 

4 a commercial motor vehicle, information on best 

5 practices for driving safely in the vicinity of 

6 commercial motor vehicles and in the vicinity of 

7 noncommercial motor vehicles, respectively; 

8 ‘‘(V) provides that the State will enforce 

9 the registration requirements of section 13902 

10 by placing out of service any vehicle discovered 

11 to be operated by a motor carrier without a reg12 istration issued under such section or to be op13 erating beyond the scope of such registration; 

14 and 

15 ‘‘(W) provides that the State will conduct 

16 comprehensive and highly visible traffic enforce17 ment and commercial motor vehicle safety in18 spection programs in high-risk locations and 

19 corridors.’’.

20 (b) USE OF GRANTS TO ENFORCE OTHER LAWS.—

21 Section 31102 of such title is amended—

22 (1) by striking subsection (c) and inserting the 

23 following: 
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1 ‘‘(c) USE OF GRANTS TO ENFORCE OTHER LAWS.—

2 A State may use amounts received under a grant under 

3 subsection (a)—

4 ‘‘(1) for the following activities if the activities 

5 are carried out in conjunction with an appropriate 

6 inspection of the commercial motor vehicle to enforce 

7 Government or State commercial motor vehicle safe8 ty regulations: 

9 ‘‘(A) enforcement of commercial motor ve10 hicle size and weight limitations at locations 

11 other than fixed weight facilities, at specific lo12 cations such as steep grades or mountainous 

13 terrains where the weight of a commercial 

14 motor vehicle can significantly affect the safe 

15 operation of the vehicle, or at ports where inter16 modal shipping containers enter and leave the 

17 United States; and 

18 ‘‘(B) detection of the unlawful presence of 

19 a controlled substance (as defined under section 

20 102 of the Comprehensive Drug Abuse Preven21 tion and Control Act of 1970 (21 U.S.C. 802)) 

22 in a commercial motor vehicle or on the person 

23 of any occupant (including the operator) of the 

24 vehicle; and 
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1 ‘‘(2) for documented enforcement of State traf2 fic laws and regulations designed to promote the 

3 safe operation of commercial motor vehicles, includ4 ing documented enforcement of such laws and regu5 lations relating to noncommercial motor vehicles 

6 when necessary to promote the safe operation of 

7 commercial motor vehicles if the number of roadside 

8 safety inspections conducted in the State is main9 tained at a level at least equal to the average num10 ber conducted in the State in fiscal years 2001, 

11 2002, and 2003; except that the State may not use 

12 more than 5 percent of the aggregate amount the 

13 State receives under the grant under subsection (a) 

14 for enforcement activities relating to noncommercial 

15 motor vehicles described in this paragraph.’’; and 

16 (2) by adding at the end the following: 

17 ‘‘(e) ANNUAL REPORT.—The Secretary shall submit 

18 to the Committee on Transportation and Infrastructure 

19 of the House of Representatives and the Committee on 

20 Commerce, Science and Transportation of the Senate an 

21 annual report that describes the effect of activities carried 

22 out with funds from grants made under this section on 

23 commercial motor vehicle safety.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 

25 31104(a) of such title is amended to read as follows: 
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1 ‘‘(a) IN GENERAL.—Subject to subsection (f), there 

2 are authorized to be appropriated from the Highway Trust 

3 Fund (other than the Mass Transit Account) to carry out 

4 section 31102—

5 ‘‘(1) $182,000,000 for fiscal year 2004; 

6 ‘‘(2) $187,000,000 for fiscal year 2005; 

7 ‘‘(3) $193,000,000 for fiscal year 2006; 

8 ‘‘(4) $198,000,000 for fiscal year 2007; 

9 ‘‘(5) $204,000,000 for fiscal year 2008; and 

10 ‘‘(6) $210,000,000 for fiscal year 2009.’’. 

11 (d) NEW ENTRANT AUDITS.—Section 31104(f) of 

12 such title is amended—

13 (1) in paragraph (1) by striking ‘‘deduction 

14 under subsection (e)’’ and inserting ‘‘deductions 

15 under subsection (e) and paragraphs (2) and (3)’’;

16 (2) the first sentence of paragraph (2)(A)—

17 (A) by striking ‘‘or’’; and 

18 (B) by inserting after ‘‘technologies’’ the 

19 following: ‘‘, or improve the quality and accu20 racy of data provided by the State’’; 

21 (3) in paragraph (2)—

22 (A) by striking ‘‘AND BORDER ACTIVI23 TIES.—’’ and all that follows through ‘‘5 per24 cent’’ and inserting ‘‘ACTIVITIES.—The Sec25 retary may designate up to 10 percent’’; and 
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1 (B) by striking subparagraph (B); and 

2 (4) by adding at the end the following: 

3 ‘‘(3) NEW ENTRANT AUDITS.—The Secretary 

4 may deduct up to $17,000,000 of the amounts avail5 able under subsection (a) for a fiscal year for audits 

6 of new entrant motor carriers under section 

7 31144(g).’’. 

8 (e) TECHNICAL AMENDMENT.—Section 31102(b) of 

9 such title is amended by striking ‘‘(1)(D)’’ and inserting 

10 ‘‘(1)(E)’’.

11 SEC. 4003. BORDER ENFORCEMENT GRANTS. 

12 (a) IN GENERAL.—Chapter 311 of title 49, United 

13 States Code, is amended—

14 (1) by striking 

15 ‘‘SUBCHAPTER I—STATE GRANTS AND OTHER 

16 COMMERCIAL MOTOR VEHICLE PROGRAMS’’

17 and inserting the following: 

18 ‘‘SUBCHAPTER I—GENERAL AUTHORITY AND 

19 STATE GRANTS’’ 

20 ; and 

21 (2) by striking section 31107 and inserting the 

22 following: 

23 ‘‘§ 31107. Border enforcement grants 

24 ‘‘(a) GENERAL AUTHORITY.—The Secretary of 

25 Transportation may make a grant in a fiscal year to a 
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1 State that shares a land border with another country for 

2 carrying out border commercial motor vehicle safety pro3 grams and related enforcement activities and projects. 

4 ‘‘(b) MAINTENANCE OF EXPENDITURES.—The Sec5 retary may make a grant to a State under this section 

6 only if the State agrees that the total expenditure of 

7 amounts of the State and political subdivisions of the 

8 State, exclusive of amounts from the United States, for 

9 carrying out border commercial motor vehicle safety pro10 grams and related enforcement activities and projects will 

11 be maintained at a level at least equal to the average level 

12 of that expenditure by the State and political subdivisions 

13 of the State for the last 2 fiscal years of the State ending 

14 before the date of enactment of the Transportation Equity 

15 Act: A Legacy for Users. 

16 ‘‘(c) GOVERNMENTS SHARE OF COSTS.—The Sec17 retary shall reimburse a State under a grant made under 

18 this section an amount that is not more than 100 percent 

19 of the costs incurred by the State in a fiscal year for car20 rying out border commercial motor vehicle safety pro21 grams and related enforcement activities and projects. 

22 ‘‘(d) AVAILABILITY AND REALLOCATION OF

23 AMOUNTS.—Allocations to a State remain available for ex24 penditure in the State for the fiscal year in which they 

25 are allocated and for the next fiscal year. Amounts not 
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1 expended by a State during those 2 fiscal years are avail2 able to the Secretary for reallocation under this section.’’. 

3 (b) CONFORMING AMENDMENTS.—The analysis for 

4 such chapter is amended—

5 (1) by striking

‘‘SUBCHAPTER I—STATE GRANTS AND OTHER COMMERCIAL 

MOTOR VEHICLE PROGRAMS’’

6 and inserting the following:

‘‘SUBCHAPTER I—GENERAL AUTHORITY AND STATE GRANTS’’

7 ; and

8 (2) by striking the item relating to section 

9 31107 and inserting the following:

‘‘31107. Border enforcement grants.’’.

10 SEC. 4004. COMMERCIAL DRIVER’S LICENSE IMPROVE11 MENTS. 

12 (a) STATE GRANTS.—Chapter 313 of title 49, United 

13 States Code, is amended by inserting after section 31312 

14 the following: 

15 ‘‘§ 31313. Grants for commercial driver’s license pro16 gram improvements 

17 ‘‘(a) GRANTS FOR COMMERCIAL DRIVER’S LICENSE

18 PROGRAM IMPROVEMENTS.—

19 ‘‘(1) GENERAL AUTHORITY.—The Secretary of 

20 Transportation may make a grant to a State in a 

21 fiscal year—
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1 ‘‘(A) to comply with the requirements of 

2 section 31311; and 

3 ‘‘(B) in the case of a State that is in sub4 stantial compliance with the requirements of 

5 section 31311 and this section, to improve its 

6 implementation of its commercial driver’s li7 cense program. 

8 ‘‘(2) PURPOSES FOR WHICH GRANTS MAY BE

9 USED.—A State may use grants under paragraphs 

10 (1)(A) and (1)(B) only for expenses directly related 

11 to its compliance with section 31311; except that a 

12 grant under paragraph (1)(B) may be used for im13 proving implementation of the State’s commercial 

14 driver’s license program, including expenses for com15 puter hardware and software, publications, testing, 

16 personnel, training, and quality control. The grant 

17 may not be used to rent, lease, or buy land or build18 ings. 

19 ‘‘(3) APPLICATION.—In order to receive a grant 

20 under this section, a State must submit an applica21 tion for such grant that is in such form, and con22 tains such information, as the Secretary may re23 quire. The application shall include the State’s as24 sessment of its commercial drivers license program. 
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1 ‘‘(4) MAINTENANCE OF EXPENDITURES.—The 

2 Secretary may make a grant to a State under this 

3 subsection only if the State agrees that the total ex4 penditure of amounts of the State and political sub5 divisions of the State, exclusive of amounts from the 

6 United States, for the State’s commercial driver’s li7 cense program will be maintained at a level at least 

8 equal to the average level of that expenditure by the 

9 State and political subdivisions of the State for the 

10 last 2 fiscal years of the State ending before the 

11 date of enactment of the Transportation Equity Act: 

12 A Legacy for Users. 

13 ‘‘(5) GOVERNMENT SHARE.—The Secretary 

14 shall reimburse a State under a grant made under 

15 this subsection an amount that is not more than 80 

16 percent of the costs incurred by the State in a fiscal 

17 year in complying with section 31311 and improving 

18 its implementation of its commercial driver’s license 

19 program. In determining such costs, the Secretary 

20 shall include in-kind contributions by the State. 

21 Amounts required to be expended by the State under 

22 paragraph (4) may not be included as part of the 

23 non-Federal share of such costs. 

24 ‘‘(b) HIGH-PRIORITY ACTIVITIES.—
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1 ‘‘(1) GRANTS FOR NATIONAL CONCERNS.—The 

2 Secretary may make a grant to a State agency, local 

3 government, or other person for 100 percent of the 

4 costs of research, development, demonstration 

5 projects, public education, and other special activi6 ties and projects relating to commercial driver li7 censing and motor vehicle safety that are of benefit 

8 to all jurisdictions of the United States or are de9 signed to address national safety concerns and cir10 cumstances. 

11 ‘‘(2) FUNDING.—The Secretary may deduct up 

12 to 10 percent of the amounts made available to 

13 carry out this section for a fiscal year to make 

14 grants under this subsection.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 such chapter is amended by inserting after the item relat17 ing to section 31312 the following:

‘‘31313. Grants for commercial driver’s license program improvements.’’.

18 (c) AMOUNTS WITHHELD.—Subsections (a) and (b) 

19 of section 31314 of such title are each amended by insert20 ing ‘‘up to’’ after ‘‘withhold’’. 

21 SEC. 4005. HOBBS ACT. 

22 (a) JURISDICTION OF COURT OF APPEALS OVER

23 COMMERCIAL MOTOR VEHICLE SAFETY REGULATION

24 AND OPERATORS AND MOTOR CARRIER SAFETY.—Section 

25 2342(3)(A) of title 28, United States Code, is amended 
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1 by inserting before ‘‘of title 49’’ the following: ‘‘, sub2 chapter III of chapter 311, chapter 313, or chapter 315’’. 

3 (b) JUDICIAL REVIEW.—Section 351(a) of title 49, 

4 United States Code, is amended by striking ‘‘Federal 

5 Highway Administration’’ and inserting ‘‘Federal Motor 

6 Carrier Safety Administration’’. 

7 (c) AUTHORITY TO CARRY OUT CERTAIN TRANS8 FERRED DUTIES AND POWERS.—Section 352 of title 49, 

9 United States Code, is amended by striking ‘‘Federal 

10 Highway Administration’’ and inserting ‘‘Federal Motor 

11 Carrier Safety Administration’’. 

12 SEC. 4006. PENALTY FOR DENIAL OF ACCESS TO RECORDS. 

13 Section 521(b) of title 49, United States Code, is 

14 amended—

15 (1) by striking ‘‘(b)(1)(A) If the Secretary’’ and 

16 inserting the following: 

17 ‘‘(b) VIOLATIONS RELATING TO COMMERCIAL

18 MOTOR VEHICLE SAFETY REGULATION AND OPERA19 TORS.—

20 ‘‘(1) NOTICE.—

21 ‘‘(A) IN GENERAL.—If the Secretary’’; and 

22 (2) by adding at the end of paragraph (2) the 

23 following: 

24 ‘‘(E) COPYING OF RECORDS AND ACCESS

25 TO EQUIPMENT, LANDS, AND BUILDINGS.—A 
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1 person subject to chapter 51 or part B of sub2 title VI who fails to allow the Secretary, or an 

3 employee designated by the Secretary, promptly 

4 upon demand to inspect and copy any record or 

5 inspect and examine equipment, lands, build6 ings, and other property in accordance with sec7 tion 504(c), 5121(c), or 14122(b) shall be liable 

8 to the United States for a civil penalty not to 

9 exceed $1,000 for each offense. Each day the 

10 Secretary is denied the right to inspect and 

11 copy any record or inspect and examine equip12 ment, lands, buildings, and other property shall 

13 constitute a separate offense; except that the 

14 total of all civil penalties against any violator 

15 for all offenses related to a single violation shall 

16 not exceed $10,000. It shall be a defense to 

17 such penalty that the records did not exist at 

18 the time of the Secretary’s request or could not 

19 be timely produced without unreasonable ex20 pense or effort. Nothing in this subparagraph 

21 shall be construed as amending or superseding 

22 any remedy available to the Secretary under 

23 section 502(d), section 507(c), or any other 

24 provision of this title.’’. 
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1 SEC. 4007. MEDICAL REVIEW BOARD. 

2 Section 113 of title 49, United States Code, is 

3 amended by adding at the end the following: 

4 ‘‘(j) MEDICAL REVIEW BOARD.—

5 ‘‘(1) ESTABLISHMENT AND FUNCTION.—The 

6 Administrator shall establish a Medical Review 

7 Board as an advisory committee to provide the Ad8 ministration with medical advice and recommenda9 tions on driver qualification medical standards and 

10 guidelines, medical examiner education, and medical 

11 research. 

12 ‘‘(2) COMPOSITION.—The Medical Review 

13 Board shall consist of 5 members appointed for a 

14 term not to exceed 3 years by the Secretary from 

15 medical institutions and private medical practice. 

16 The membership shall reflect expertise in a variety 

17 of medical specialties relevant to the functions of the 

18 Administration.’’. 

19 SEC. 4008. INCREASED PENALTIES FOR OUT-OF-SERVICE 

20 VIOLATIONS AND FALSE RECORDS. 

21 (a) RECORDKEEPING AND REPORTING VIOLA22 TIONS.—Section 521(b)(2)(B) of title 49, United States 

23 Code, is amended—

24 (1) in clause (i) by striking ‘‘$500’’ and insert25 ing ‘‘$1,000’’; and 
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1 (2) by striking ‘‘$5,000’’ each place it appears 

2 and inserting ‘‘$10,000’’. 

3 (b) VIOLATIONS OF OUT-OF-SERVICE ORDERS.—Sec4 tion 31310(i)(2) of title 49, United States Code, is amend5 ed—

6 (1) by striking ‘‘Not later than December 18, 

7 1992, the’’ and inserting ‘‘The’’; 

8 (2) in subparagraph (A)—

9 (A) by striking ‘‘90 days’’ and inserting 

10 ‘‘180 days’’; and 

11 (B) by striking ‘‘$1,000’’ and inserting 

12 ‘‘$2,500’’; 

13 (3) in subparagraph (B)—

14 (A) by striking ‘‘one year’’ and inserting 

15 ‘‘2 years’’; and 

16 (B) by striking ‘‘$1,000; and’’ and insert17 ing ‘‘$5,000;’’; 

18 (4) in subparagraph (C) by striking ‘‘$10,000.’’ 

19 and inserting ‘‘$25,000; and’’; and 

20 (5) by adding at the end the following: 

21 ‘‘(D) an employer that knowingly and will22 fully allows or requires an employee to operate 

23 a commercial motor vehicle in violation of an 

24 out-of-service order shall, upon conviction, be 

25 subject for each offense to imprisonment for a 
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1 term not to exceed one year or a fine under title 

2 18, or both.’’. 

3 SEC. 4009. COMMERCIAL VEHICLE INFORMATION SYSTEMS 

4 AND NETWORKS DEPLOYMENT. 

5 (a) IN GENERAL.—The Secretary shall carry out a 

6 commercial vehicle information systems and networks pro7 gram to—

8 (1) improve the safety and productivity of com9 mercial vehicles and drivers; and 

10 (2) reduce costs associated with commercial ve11 hicle operations and Federal and State commercial 

12 vehicle regulatory requirements. 

13 (b) PURPOSE.—The program shall advance the tech14 nological capability and promote the deployment of intel15 ligent transportation system applications for commercial 

16 motor vehicle operations, commercial driver, and carrier17 specific information systems and networks. 

18 (c) CORE DEPLOYMENT GRANTS.—

19 (1) IN GENERAL.—The Secretary shall make 

20 grants to eligible States for the core deployment of 

21 commercial vehicle information systems and net22 works. 

23 (2) AMOUNT OF GRANTS.—The maximum ag24 gregate amount the Secretary may grant to a State 

25 for the core deployment of commercial vehicle infor-
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1 mation systems and networks under this subsection 

2 and sections 5001(a)(5) and 5001(a)(6) of the 

3 Transportation Equity Act for the 21st Century 

4 (112 Stat. 420) may not exceed $2,500,000. 

5 (3) USE OF FUNDS.—Funds from a grant 

6 under this subsection may only be used for the core 

7 deployment of commercial vehicle information sys8 tems and networks. An eligible State that has either 

9 completed the core deployment of commercial vehicle 

10 information systems and networks or completed such 

11 deployment before grant funds are expended under 

12 this subsection may use the grant funds for the ex13 panded deployment of commercial vehicle informa14 tion systems and networks in the State. 

15 (d) EXPANDED DEPLOYMENT GRANTS.—

16 (1) IN GENERAL.—For each fiscal year, from 

17 the funds remaining after the Secretary has made 

18 grants under subsection (c), the Secretary may make 

19 grants to each eligible State, upon request, for the 

20 expanded deployment of commercial vehicle informa21 tion systems and networks. 

22 (2) ELIGIBILITY.—Each State that has com23 pleted the core deployment of commercial vehicle in24 formation systems and networks in such State is eli-
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1 gible for an expanded deployment grant under this 

2 subsection. 

3 (3) AMOUNT OF GRANTS.—Each fiscal year, the 

4 Secretary may distribute funds available for ex5 panded deployment grants equally among the eligible 

6 States, but not to exceed $1,000,000 per State. 

7 (4) USE OF FUNDS.—A State may use funds 

8 from a grant under this subsection only for the ex9 panded deployment of commercial vehicle informa10 tion systems and networks. 

11 (e) ELIGIBILITY.— To be eligible for a grant under 

12 this section, a State—

13 (1) shall have a commercial vehicle information 

14 systems and networks program plan approved by the 

15 Secretary that describes the various systems and 

16 networks at the State level that need to be refined, 

17 revised, upgraded, or built to accomplish deployment 

18 of core capabilities; 

19 (2) shall certify to the Secretary that its com20 mercial vehicle information systems and networks 

21 deployment activities, including hardware procure22 ment, software and system development, and infra23 structure modifications—

24 (A) are consistent with the national intel25 ligent transportation systems and commercial 
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1 vehicle information systems and networks archi2 tectures and available standards; and 

3 (B) promote interoperability and efficiency 

4 to the extent practicable; and 

5 (3) shall agree to execute interoperability tests 

6 developed by the Federal Motor Carrier Safety Ad7 ministration to verify that its systems conform with 

8 the national intelligent transportation systems archi9 tecture, applicable standards, and protocols for com10 mercial vehicle information systems and networks. 

11 (f) FEDERAL SHARE.—The Federal share of the cost 

12 of a project payable from funds made available to carry 

13 out this section shall not exceed 50 percent. The total Fed14 eral share of the cost of a project payable from all eligible 

15 sources shall not exceed 80 percent. 

16 (g) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) COMMERCIAL VEHICLE INFORMATION SYS19 TEMS AND NETWORKS.—The term ‘‘commercial ve20 hicle information systems and networks’’ means the 

21 information systems and communications networks 

22 that provide the capability to— 

23 (A) improve the safety of commercial 

24 motor vehicle 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 motor 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 MOTOR VEHICLE OPER18 ATIONS.—The term ‘‘commercial motor vehicle oper19 ations’’— 

20 (A) means motor carrier operations and 

21 motor vehicle regulatory activities associated 

22 with the commercial motor vehicle movement of 

23 goods, including hazardous materials, and pas24 sengers; and 
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1 (B) with respect to the public sector, in2 cludes the issuance of operating credentials, the 

3 administration of motor vehicle and fuel taxes, 

4 and roadside safety and border crossing inspec5 tion and regulatory compliance operations. 

6 (3) CORE DEPLOYMENT.—The term ‘‘core de7 ployment’’ means the deployment of systems in a 

8 State necessary to provide the State with the fol9 lowing capabilities: 

10 (A) Safety information exchange to—

11 (i) electronically collect and transmit 

12 commercial motor vehicle and driver in13 spection data at a majority of inspection 

14 sites in the State; 

15 (ii) connect to the safety and fitness 

16 electronic records system for access to 

17 interstate carrier and commercial motor 

18 vehicle data, summaries of past safety per19 formance, and commercial motor vehicle 

20 credentials information; and 

21 (iii) exchange carrier data and com22 mercial motor vehicle safety and creden23 tials information within the State and con24 nect to such system for access to interstate 

25 carrier and commercial motor vehicle data. 
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1 (B) Interstate credentials administration 

2 to— 

3 (i) perform end-to-end processing, in4 cluding carrier application, jurisdiction ap5 plication processing, and credential 

6 issuance, of at least the international reg7 istration plan and international fuel tax 

8 agreement credentials and extend this 

9 processing to other credentials, including 

10 intrastate registration, vehicle titling, over11 size vehicle permits, overweight vehicle per12 mits, carrier registration, and hazardous 

13 materials permits; 

14 (ii) connect to such plan and agree15 ment clearinghouses; and 

16 (iii) have at least 10 percent of the 

17 credentialing transaction volume in the 

18 State handled electronically and have the 

19 capability to add more carriers and to ex20 tend to branch offices where applicable. 

21 (C) Roadside electronic screening to elec22 tronically screen transponder-equipped commer23 cial vehicles at a minimum of one fixed or mo24 bile inspection site in the State and to replicate 

25 this screening at other sites in the State. 
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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 motor vehicle operations, 

7 and enhance transportation security. 

8 (h) REPEAL.—Section 5209 of the Transportation 

9 Equity Act for the 21st Century (23 U.S.C. 502 note; 112 

10 Stat. 460–461) is repealed. 

11 SEC. 4010. SAFETY FITNESS. 

12 (a) IN GENERAL.—Subsection (a) of section 31144 

13 of title 49, United States Code, is amended to read as 

14 follows: 

15 ‘‘(a) IN GENERAL.—The Secretary shall—

16 ‘‘(1) determine whether an owner or operator is 

17 fit to operate safely commercial motor vehicles, uti18 lizing among other things the accident record of an 

19 owner or operator operating in interstate commerce 

20 and the accident record and safety inspection record 

21 of such owner or operator in operations that affect 

22 interstate commerce; 

23 ‘‘(2) periodically update such safety fitness de24 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) PROHIBITED TRANSPORTATION.—The first sub6 section (c) of such section 31144 is amended by adding 

7 at the end the following: 

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) may not operate any commercial motor 

13 vehicle that affects interstate commerce until the 

14 Secretary determines that such owner or operator is 

15 fit.’’. 

16 (c) DETERMINATION OF UNFITNESS BY A STATE.—

17 Such section 31144 is further amended—

18 (1) by redesignating subsections (d), (e), and 

19 the second subsection (c) as subsections (e), (f), and 

20 (g), respectively; 

21 (2) by inserting after the first subsection (c) 

22 the following: 

23 ‘‘(d) DETERMINATION OF UNFITNESS BY A STATE.—

24 If a State that receives a grant under section 31102 deter25 mines, by applying the standards prescribed by the Sec-
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1 retary under subsection (b), that an owner or operator of 

2 commercial motor vehicles that has its principal place of 

3 business in that State and operates in intrastate com4 merce is unfit under such standards and prohibits the 

5 owner or operator from operating such vehicles in the 

6 State, the Secretary shall prohibit the owner or operator 

7 from operating such vehicles in interstate commerce until 

8 the State determines that the owner or operator is fit.’’; 

9 and 

10 (3) in subsection (g) (as redesignated by para11 graph (1) of this subsection) by adding at the end 

12 the following: 

13 ‘‘(5) GRANTS FOR AUDITS.—From amounts de14 ducted under section 31104(f)(3), the Secretary may 

15 make grants to States and local governments for 

16 new entrant motor carrier audits under this sub17 section without requiring a matching contribution 

18 from such States or local governments. 

19 ‘‘(6) DOT AUDITS.—If the Secretary deter20 mines that a State or local government is unable to 

21 use government employees to conduct new entrant 

22 motor carrier audits, the Secretary may utilize the 

23 funds deducted under section 31104(f)(3) to conduct 

24 such audits in areas under the jurisdiction of such 

25 State or local government.’’.
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1 SEC. 4011. PATTERN OF SAFETY VIOLATIONS BY MOTOR 

2 CARRIER OR BROKER MANAGEMENT. 

3 (a) DUTIES OF EMPLOYERS AND EMPLOYEES.—Sec4 tion 31135 of title 49, United States Code, is amended—

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

6 ‘‘Each’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(b) PATTERN OF NONCOMPLIANCE.—If an officer of 

9 a motor carrier or broker engages in a pattern or practice 

10 of avoiding compliance, or masking or otherwise con11 cealing noncompliance, with regulations prescribed under 

12 this chapter, the Secretary may suspend, amend, or revoke 

13 any part of the registration of the motor carrier or broker 

14 under section 13905. 

15 ‘‘(c) LIST OF PROPOSED OFFICERS.—Each person 

16 seeking registration as a motor carrier under section 

17 13902 or as a broker under section 13904 shall submit 

18 a list of the proposed officers of the motor carrier or 

19 broker. If the Secretary determines that any of the pro20 posed officers has previously engaged in a pattern or prac21 tice of avoiding compliance, or masking or otherwise con22 cealing noncompliance, with regulations prescribed under 

23 this chapter, the Secretary may deny the person’s applica24 tion for registration as a motor carrier under section 

25 13902(a)(3) or as a broker under section 13904(a). 
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1 ‘‘(d) REGULATIONS.—The Secretary shall by regula2 tion establish standards to implement subsections (b) and 

3 (c) and a procedure to allow a person who is denied reg4 istration under subsection (c) or whose registration is sus5 pended, amended, or revoked under subsection (b) to rem6 edy the pattern or practice that results in the denial, sus7 pension, amendment, or revocation. 

8 ‘‘(e) DEFINITIONS.—In this section, the following 

9 definitions shall apply: 

10 ‘‘(1) MOTOR CARRIER AND BROKER.—The 

11 terms ‘motor carrier’ and ‘broker’ have the meanings 

12 such terms have under section 13102. 

13 ‘‘(2) OFFICER.—The term ‘officer’ means an 

14 owner, chief executive officer, chief operating officer, 

15 chief financial officer, safety director, vehicle mainte16 nance supervisor, and driver supervisor of a motor 

17 carrier, regardless of the title attached to those 

18 functions.’’. 

19 (b) MOTOR CARRIER REGISTRATION.—Section 

20 13902(a)(1)(B) of such title is amended to read as follows: 

21 ‘‘(B)(i) any safety regulations imposed by 

22 the Secretary; 

23 ‘‘(ii) the duties of employers and employees 

24 established by the Secretary under section 

25 31135; and 
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1 ‘‘(iii) the safety fitness requirements estab2 lished by the Secretary under section 31144; 

3 and’’.

4 SEC. 4012. MOTOR CARRIER RESEARCH AND TECHNOLOGY 

5 PROGRAM. 

6 (a) IN GENERAL.—Section 31108 of title 49, United 

7 States Code, is amended to read as follows: 

8 ‘‘§ 31108. Motor carrier research and technology pro9 gram 

10 ‘‘(a) RESEARCH, TECHNOLOGY, AND TECHNOLOGY

11 TRANSFER ACTIVITIES.—

12 ‘‘(1) ESTABLISHMENT.—The Secretary of 

13 Transportation shall establish and carry out a motor 

14 carrier research and technology program. 

15 ‘‘(2) MULTI-YEAR PLAN.—The program must 

16 include a multi-year research plan that focuses on 

17 nonredundant innovative research. 

18 ‘‘(3) RESEARCH, DEVELOPMENT, AND TECH19 NOLOGY TRANSFER ACTIVITIES.—The Secretary may 

20 carry out under the program research, development, 

21 technology, and technology transfer activities with 

22 respect to—

23 ‘‘(A) the causes of accidents, injuries, and 

24 fatalities involving commercial motor vehicles; 
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1 ‘‘(B) means of reducing the number and 

2 severity of accidents, injuries, and fatalities in3 volving commercial motor vehicles; 

4 ‘‘(C) improving commercial motor vehicle 

5 and motor carrier safety, and industry effi6 ciency, through technological improvement; 

7 ‘‘(D) improving technology used by en8 forcement officers when conducting roadside in9 spections and compliance reviews to increase ef10 ficiency and information transfers; and 

11 ‘‘(E) increasing the safety and security of 

12 hazardous materials transportation. 

13 ‘‘(4) TESTS AND DEVELOPMENT.—The Sec14 retary may test, develop, or assist in testing and de15 veloping any material, invention, patented article, or 

16 process related to the research and technology pro17 gram. 

18 ‘‘(5) TRAINING.—The Secretary may use the 

19 funds made available to carry out this section for 

20 training or education of commercial motor vehicle 

21 safety personnel, including training in accident re22 construction and detection of controlled substances 

23 or other contraband and stolen cargo or vehicles. 

24 ‘‘(6) PROCEDURES.—The Secretary may carry 

25 out this section—
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1 ‘‘(A) independently; 

2 ‘‘(B) in cooperation with other Federal de3 partments, agencies, and instrumentalities and 

4 Federal laboratories; or 

5 ‘‘(C) by making grants to, or entering into 

6 contracts, cooperative agreements, and other 

7 transactions with, any Federal laboratory, State 

8 agency, authority, association, institution, for9 profit or nonprofit corporation, organization, 

10 foreign country, or person. 

11 ‘‘(7) DEVELOPMENT AND PROMOTION OF USE

12 OF PRODUCTS.—The Secretary shall use funds made 

13 available to carry out this section to develop, admin14 ister, communicate, and promote the use of products 

15 of research, technology, and technology transfer pro16 grams under this section. 

17 ‘‘(b) COLLABORATIVE RESEARCH AND DEVELOP18 MENT.—

19 ‘‘(1) IN GENERAL.—To advance innovative solu20 tions to problems involving commercial motor vehicle 

21 and motor carrier safety, security, and efficiency, 

22 and to stimulate the deployment of emerging tech23 nology, the Secretary may carry out, on a cost24 shared basis, collaborative research and development 

25 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) COOPERATIVE AGREEMENTS.—In carrying 

9 out this subsection, the Secretary may enter into co10 operative research and development agreements (as 

11 defined in section 12 of the Stevenson-Wydler Tech12 nology Innovation Act of 1980 (15 U.S.C. 3710a)). 

13 ‘‘(3) COST SHARING.—

14 ‘‘(A) FEDERAL SHARE.—The Federal 

15 share of the cost of activities carried out under 

16 a cooperative research and development agree17 ment entered into under this subsection shall 

18 not exceed 50 percent; except that, if there is 

19 substantial public interest or benefit associated 

20 with any such activity, the Secretary may ap21 prove a greater Federal share. 

22 ‘‘(B) TREATMENT OF DIRECTLY INCURRED

23 NON-FEDERAL COSTS.—All costs directly in24 curred by the non-Federal partners, including 

25 personnel, travel, and hardware or software de-
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1 velopment costs, shall be credited toward the 

2 non-Federal share of the cost of the activities 

3 described in subparagraph (A). 

4 ‘‘(4) USE OF TECHNOLOGY.—The research, de5 velopment, or use of a technology under a coopera6 tive research and development agreement entered 

7 into under this subsection, including the terms 

8 under which the technology may be licensed and the 

9 resulting royalties may be distributed, shall be sub10 ject to the Stevenson-Wydler Technology Innovation 

11 Act of 1980 (15 U.S.C. 3701 et seq.). 

12 ‘‘(c) FUNDING.—From amounts made available 

13 under section 31104(i), the Secretary shall make available 

14 $7,000,000 for each of fiscal years 2004 and 2005, 

15 $8,000,000 for each of fiscal years 2006 and 2007, 

16 $9,000,000 for fiscal year 2008, and $10,000,000 for fis17 cal year 2009 to carry out this section.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 311 of such title is amended by striking the item 

20 relating to section 31108 and inserting the following:

‘‘31108. Motor carrier research and technology program.’’.

21 SEC. 4013. INTERNATIONAL COOPERATION. 

22 (a) IN GENERAL.—Chapter 311 of title 49, United 

23 States Code, is amended by adding at the end the fol24 lowing: 
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1 ‘‘SUBCHAPTER IV—MISCELLANEOUS 

2 ‘‘§ 31161. International cooperation 

3 ‘‘The Secretary of Transportation is authorized to 

4 use funds made available by section 31104(i) to partici5 pate and cooperate in international activities to enhance 

6 motor carrier, driver, and highway safety by such means 

7 as exchanging information, conducting research, and ex8 amining needs, best practices, and new technology.’’. 

9 (b) CLERICAL AMENDMENT.—The analysis for such 

10 chapter is amended by adding at the end the following:

‘‘SUBCHAPTER IV—MISCELLANEOUS

‘‘31161. International cooperation.’’.

11 SEC. 4014. PERFORMANCE AND REGISTRATION INFORMA12 TION SYSTEM MANAGEMENT. 

13 (a) DESIGN AND CONDITIONS FOR PARTICIPATION.—

14 Section 31106(b) of title 49, United States Code, is 

15 amended by striking paragraphs (2), (3), and (4) and in16 serting the following: 

17 ‘‘(2) DESIGN.—The program shall link Federal 

18 motor carrier safety information systems with State 

19 commercial vehicle registration and licensing systems 

20 and shall be designed to enable a State to—

21 ‘‘(A) determine the safety fitness of a 

22 motor carrier or registrant when licensing or 

23 registering the registrant or motor carrier or 

24 while the license or registration is in effect; and 
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1 ‘‘(B) deny, suspend, or revoke the commer2 cial motor vehicle registrations of a motor car3 rier or registrant that has been issued an oper4 ations out-of-service order by the Secretary. 

5 ‘‘(3) CONDITIONS FOR PARTICIPATION.—The 

6 Secretary shall require States, as a condition of par7 ticipation in the program, to— 

8 ‘‘(A) comply with the uniform policies, pro9 cedures, and technical and operational stand10 ards prescribed by the Secretary under sub11 section (a)(4); and 

12 ‘‘(B) possess or seek the authority to deny, 

13 suspend, or revoke commercial motor vehicle 

14 registrations based on the issuance of an oper15 ations out-of-service order by the Secretary.’’. 

16 (b) PERFORMANCE AND REGISTRATION INFORMA17 TION SYSTEM MANAGEMENT GRANTS.—

18 (1) IN GENERAL.—Subchapter I of chapter 311 

19 of title 49, United States Code, is further amended 

20 by adding at the end the following: 

21 ‘‘§ 31109. Performance and registration information 

22 system management

23 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

24 may make a grant to a State to implement the perform-
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1 ance and registration information system management re2 quirements of section 31106(b). 

3 ‘‘(b) AVAILABILITY OF AMOUNTS.—Amounts made 

4 available to a State under this section shall remain avail5 able until expended.’’. 

6 (2) CONFORMING AMENDMENT.—The analysis 

7 for such subchapter is amended by adding at the 

8 end the following:

‘‘31109. Performance and registration information system management.’’.

9 SEC. 4015. DATA QUALITY IMPROVEMENT. 

10 Section 31106(a)(3) of title 49, United States Code, 

11 is amended—

12 (1) by striking ‘‘and’’ at the end of subpara13 graph (D); 

14 (2) by striking the period at the end of sub15 paragraph (E) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(F) ensure, to the maximum extent prac18 tically, all the data is complete, timely, and ac19 curate across all information systems and ini20 tiatives.’’. 

21 SEC. 4016. COMPLETION OF UNIFORM CARRIER REGISTRA22 TION. 

23 (a) IN GENERAL.—Section 14504 of title 49, United 

24 States Code, and the item relating to such section in anal25 ysis for chapter 145 of such title, are repealed. 
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1 (b) CONFORMING AMENDMENTS.—Section 13908 of 

2 such title is amended—

3 (1) in subsection (a) by striking ‘‘the single 

4 State registration system under section 14504,’’; 

5 (2) in subsection (b)—

6 (A) by striking paragraphs (2) and (3); 

7 and 

8 (B) by redesignating paragraphs (4), (5), 

9 and (6) as paragraphs (2), (3), and (4), respec10 tively; 

11 (3) by striking subsection (d); and 

12 (4) by striking ‘‘(e) DEADLINE FOR CONCLU13 SION; MODIFICATION.—’’ and all that follows 

14 through ‘‘1996,’’ and inserting the following: 

15 ‘‘(d) DEADLINE FOR COMPLETION.—Not later than 

16 1 year after the date of enactment of the Transportation 

17 Equity Act: A Legacy for Users,’’. 

18 SEC. 4017. REGISTRATION OF MOTOR CARRIERS AND 

19 FREIGHT FORWARDERS. 

20 (a) DEFINITIONS RELATING TO MOTOR CARRIERS.—

21 Paragraphs (6), (7), (12), and (13) of section 13102 of 

22 title 49, United States Code, are each amended by striking 

23 ‘‘motor vehicle’’ and inserting ‘‘commercial motor vehicle 

24 (as defined in section 31132)’’. 
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1 (b) FREIGHT FORWARDERS.—Section 13903(a) of 

2 title 49, United States Code, is amended—

3 (1) by striking ‘‘The Secretary’’ and inserting 

4 the following: 

5 ‘‘(1) HOUSEHOLD GOODS.—The Secretary’’; 

6 (2) by inserting ‘‘of household goods’’ after 

7 ‘‘freight forwarder’’; and 

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

9 ‘‘(2) OTHERS.—The Secretary may register a 

10 person to provide service subject to jurisdiction 

11 under subchapter III of chapter 135 as a freight for12 warder (other than a freight forwarder of household 

13 goods) if the Secretary finds that such registration 

14 is needed for the protection of shippers and that the 

15 person is fit, willing, and able to provide the service 

16 and to comply with this part and applicable regula17 tions of the Secretary and Board.’’. 

18 SEC. 4018. DEPOSIT OF CERTAIN CIVIL PENALTIES INTO 

19 HIGHWAY TRUST FUND. 

20 Sections 31138(d)(5) and 31139(f)(5) of title 49, 

21 United States Code, are each amended by striking ‘‘Treas22 ury as miscellaneous receipts’’ and inserting ‘‘Highway 

23 Trust Fund (other than the Mass Transit Account)’’.
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1 SEC. 4019. OUTREACH AND EDUCATION. 

2 (a) IN GENERAL.—The Secretary shall conduct, 

3 through any combination of grants, contracts, or coopera4 tive agreements, an outreach and education program to 

5 be administered by the Federal Motor Carrier Safety Ad6 ministration and the National Highway Traffic Safety Ad7 ministration. 

8 (b) PROGRAM ELEMENTS.—The program shall in9 clude, at a minimum, the following: 

10 (1) A program to promote a more comprehen11 sive and national effort to educate commercial motor 

12 vehicle drivers and passenger vehicle drivers about 

13 how commercial motor vehicle drivers and passenger 

14 vehicle drivers can more safely share the road with 

15 each other. 

16 (2) A program to promote enhanced traffic en17 forcement efforts aimed at reducing the incidence of 

18 the most common unsafe driving behaviors that 

19 cause or contribute to crashes involving commercial 

20 motor vehicles and passenger vehicles. 

21 (3) A program to establish a public-private 

22 partnership to provide resources and expertise for 

23 the development and dissemination of information 

24 relating to sharing the road referred to in para25 graphs (1) and (2) to each partner’s constituents 

26 and to the general public through the use of bro-
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1 chures, videos, paid and public advertisements, the 

2 Internet, and other media. 

3 (c) FEDERAL SHARE.—The Federal share of a pro4 gram or activity for which a grant is made under this sec5 tion shall be 100 percent of the cost of such program or 

6 activity. 

7 (d) ANNUAL REPORT.—The Secretary shall prepare 

8 and transmit to Congress an annual report on the pro9 grams and activities carried out under this section. 

10 (e) FUNDING.—From amounts made available under 

11 section 31104(i) of title 49, United States Code, the Sec12 retary shall make available $1,250,000 to the Federal 

13 Motor Carrier Safety Administration, and $3,750,000 to 

14 the National Highway Traffic Safety Administration, for 

15 each of fiscal years 2004, 2005, 2006, 2007, 2008, and 

16 2009 to carry out this section.

17 SEC. 4020. INSULIN TREATED DIABETES MELLITUS. 

18 (a) NO PERIOD OF COMMERCIAL DRIVING WHILE

19 USING INSULIN REQUIRED FOR QUALIFICATION.—The 

20 Secretary may not require individuals with insulin-treated 

21 diabetes mellitus to have experience operating commercial 

22 motor vehicles while using insulin in order to qualify to 

23 operate a commercial motor vehicle in interstate com24 merce. 
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1 (b) MINIMUM PERIOD OF INSULIN USE.—Subject to 

2 subsection (a), the Secretary shall require individuals with 

3 insulin-treated diabetes mellitus to have a minimum period 

4 of insulin use to demonstrate stable control of diabetes 

5 before operating a commercial motor vehicle in interstate 

6 commerce. For individuals who have been newly diagnosed 

7 with type 1 diabetes, the minimum period of insulin use 

8 may not exceed 2 months, unless directed by the treating 

9 physician. For individuals who have type 2 diabetes and 

10 are converting to insulin use, the minimum period of insu11 lin use may not exceed 1 month, unless directed by the 

12 treating physician. 

13 (c) LIMITATIONS.—Insulin-treated individuals may 

14 not be held by the Secretary to a higher standard of phys15 ical qualification in order to operate a commercial motor 

16 vehicle in interstate commerce than other individuals ap17 plying to operate, or operating, a commercial motor vehicle 

18 in interstate commerce; except to the extent that limited 

19 operating, monitoring, and medical requirements are 

20 deemed medically necessary under regulations issued by 

21 the Secretary.

22 SEC. 4021. GRANT PROGRAM FOR COMMERCIAL MOTOR VE23 HICLE OPERATORS. 

24 (a) ESTABLISHMENT.—The Secretary shall establish 

25 a grant program for training operators of commercial 
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1 motor vehicles (as defined in section 31301 of title 49, 

2 United States Code). The purpose of the program shall 

3 be to train operators and future operators in the safe use 

4 of such vehicle. 

5 (b) FEDERAL SHARE.—The Federal share of the cost 

6 for which a grant is made under this section shall be 80 

7 percent. 

8 (c) FUNDING.—From amounts made available under 

9 section 31104(i) of title 49, United States Code, the Sec10 retary shall make available $1,000,000 for each of fiscal 

11 years 2004, 2005, 2006, 2007, 2008, and 2009 to carry 

12 out this section.

13 SEC. 4022. COMMERCIAL MOTOR VEHICLE SAFETY ADVI14 SORY COMMITTEE. 

15 (a) ESTABLISHMENT.—The Secretary shall establish 

16 a commercial motor vehicle safety advisory committee to 

17 provide advice and recommendations to the Secretary on 

18 commercial motor vehicle safety regulations and other 

19 matters relating to activities and functions of the Federal 

20 Motor Carrier Safety Administration. 

21 (b) COMPOSITION.—The members of the advisory 

22 committee shall be appointed by the Secretary and shall 

23 include representatives of the motor carrier industry, driv24 ers, safety advocates, manufacturers, safety enforcement 

25 officials, law enforcement agencies of border States, and 
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1 other individuals affected by rulemakings under consider2 ation by the Department of Transportation. Representa3 tives of a single interest group may not constitute a major4 ity of the members of the advisory committee. 

5 (c) TERMINATION DATE.—The advisory committee 

6 shall remain in effect until September 30, 2009. 

7 SEC. 4023. SAFETY DATA IMPROVEMENT PROGRAM. 

8 (a) IN GENERAL.—The Secretary shall make grants 

9 to States for projects and activities to improve the accu10 racy, timeliness, and completeness of commercial motor 

11 vehicle safety data reported to the Secretary. 

12 (b) ELIGIBILITY.—A State shall be eligible for a 

13 grant under this section in a fiscal year if the Secretary 

14 determines that the State has—

15 (1) conducted a comprehensive audit of its com16 mercial motor vehicle safety data system within the 

17 preceding 2 years; 

18 (2) developed a plan that identifies and 

19 prioritizes its commercial motor vehicle safety data 

20 needs and goals; and 

21 (3) identified performance-based measures to 

22 determine progress toward those goals. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated from the Highway Trust 

25 Fund (other than the Mass Transit Account) to carry out 
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1 this section $3,000,000 for each of fiscal years 2004 

2 though 2009. 

3 (d) APPLICABILITY OF TITLE 23, UNITED STATES

4 CODE.—Funds authorized to be appropriated by this sec5 tion shall be available for obligation in the same manner 

6 as if such funds were apportioned under chapter 1 of title 

7 23, United States Code, except that the Federal share of 

8 the cost of a project or activity carried out using such 

9 funds shall be 80 percent and such funds shall remain 

10 available until expended. 

11 (e) BIENNIAL REPORT.—Not later 2 years after the 

12 date of enactment of this Act, and biennially thereafter, 

13 the Secretary shall transmit to Congress a report on the 

14 activities and results of the program carried out under this 

15 section, together with any recommendations the Secretary 

16 determines appropriate. 

17 SEC. 4024. HOUSEHOLD GOODS TRANSPORTATION. 

18 [Reserved.] 

19 SEC. 4025. COMMERCIAL DRIVER’S LICENSE INFORMATION 

20 SYSTEM IMPROVEMENTS. 

21 [Reserved.] 

22 SEC. 4026. TECHNICAL CORRECTIONS. 

23 (a) INTERMODAL TRANSPORTATION ADVISORY

24 BOARD.—Section 5502(b) of title 49, United States Code, 

25 is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (4); 

3 (2) by striking the period at the end of para4 graph (5) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(6) the Federal Motor Carrier Safety Adminis7 tration.’’. 

8 (b) REFERENCE TO AGENCY.—Section 31502(e) of 

9 such title is amended—

10 (1) in paragraph (2) by striking ‘‘Regional Di11 rector of the Federal Highway Administration’’ and 

12 inserting ‘‘Field Administrator of the Federal Motor 

13 Carrier Safety Administration’’; and 

14 (2) in paragraph (3) by striking ‘‘Regional Di15 rector’’ and inserting ‘‘Field Administrator’’.

16 TITLE V—TRANSPORTATION 

17 RESEARCH AND EDUCATION 

18 Subtitle A—Funding 

19 SEC. 5101. 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): 

23 (1) SURFACE TRANSPORTATION RESEARCH, DE24 VELOPMENT, AND DEPLOYMENT PROGRAM.—To 

25 carry out sections 502, 503, 506, 507, 509, and 510 
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1 of title 23, United States Code, and sections 5207, 

2 5210, 5211, and 5402 of this title—

3 (A) $360,000,000 for fiscal year 2004; 

4 (B) $352,000,000 for fiscal year 2005; 

5 (C) $352,000,000 for fiscal year 2006; 

6 (D) $352,000,000 for fiscal year 2007; 

7 (E) $354,000,000 for fiscal year 2008; and 

8 (F) $356,000,000 for fiscal year 2009. 

9 (2) TRAINING AND EDUCATION.—To carry out 

10 section 504 of title 23, United States Code, and sec11 tion 5211 of this Act, $40,000,000 for each of fiscal 

12 years 2004 through 2009. 

13 (3) BUREAU OF TRANSPORTATION STATIS14 TICS.—For the Bureau of Transportation Statistics 

15 to carry out section 111 of title 49, United States 

16 Code, $35,000,000 for each of fiscal years 2004 

17 through 2009. 

18 (4) UNIVERSITY TRANSPORTATION RE19 SEARCH.—To carry out sections 5505 and 5506 of 

20 title 49, United States Code, $90,000,000 for each 

21 of fiscal years 2004 through 2009. 

22 (5) INTELLIGENT TRANSPORTATION SYSTEMS

23 RESEARCH.—To carry out subtitle F of this title, 

24 $138,000,000 for each of fiscal years 2004 through 

25 2009. 
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1 (b) APPLICABILITY OF TITLE 23, UNITED STATES

2 CODE.—Funds authorized to be appropriated by sub3 section (a) shall be available for obligation in the same 

4 manner as if such funds were apportioned under chapter 

5 1 of title 23, United States Code; except that the Federal 

6 share of the cost of a project or activity carried out using 

7 such funds shall be 50 percent, unless otherwise expressly 

8 provided by this Act (including the amendments made by 

9 this Act) or otherwise determined by the Secretary, and 

10 such funds shall remain available until expended. 

11 SEC. 5002. OBLIGATION CEILING. 

12 Notwithstanding any other provision of law, the total 

13 of all obligations from amounts made available from the 

14 Highway Trust Fund (other than the Mass Transit Ac15 count) by section 5001(a) of this Act shall not exceed 

16 $658,000,000 for fiscal year 2004, $660,000,000 for fis17 cal year 2005, $661,000,000 for fiscal year 2006, 

18 $662,000,000 for fiscal year 2007, $663,000,000 for fis19 cal year 2008, and $664,000,000 for fiscal year 2009. 

20 Subtitle B—Research, Technology, 

21 and Education 

22 SEC. 5201. RESEARCH, TECHNOLOGY, AND EDUCATION. 

23 (a) RESEARCH, TECHNOLOGY, AND EDUCATION.—

24 Title 23, United States Code, is amended—
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1 (1) in the table of chapters by striking the item 

2 relating to chapter 5 and inserting the following:

‘‘5. Research, Technology, and Education ................................................ 501’’;

3 and 

4 (2) by striking the heading for chapter 5 and 

5 inserting the following: 

6 ‘‘CHAPTER 5—RESEARCH, TECHNOLOGY, AND 

7 EDUCATION’’. 

8 (b) STATEMENT OF PRINCIPLES GOVERNING RE9 SEARCH AND TECHNOLOGY INVESTMENTS.—Section 502 

10 of such title is amended—

11 (1) by redesignating subsections (a) through (g) 

12 as subsections (b) through (h), respectively; and 

13 (2) by inserting before subsection (b) (as so re14 designated) the following: 

15 ‘‘(a) BASIC PRINCIPLES GOVERNING RESEARCH AND

16 TECHNOLOGY INVESTMENTS.—

17 ‘‘(1) COVERAGE.—Surface transportation re18 search and technology development shall include all 

19 activities leading to technology development and 

20 transfer, as well as the introduction of new and in21 novative ideas, practices, and approaches, through 

22 such mechanisms as field applications, education and 

23 training, and technical support. 

24 ‘‘(2) FEDERAL RESPONSIBILITY.—Funding and 

25 conducting surface transportation research and tech-
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1 nology transfer activities shall be considered a basic 

2 responsibility of the Federal Government when the 

3 work—

4 ‘‘(A) is of national significance; 

5 ‘‘(B) supports research in which there is a 

6 clear public benefit and private sector invest7 ment is less than optimal; 

8 ‘‘(C) supports a Federal stewardship role 

9 in assuring that State and local governments 

10 use national resources efficiently; or 

11 ‘‘(D) presents the best means to support 

12 Federal policy goals compared to other policy 

13 alternatives. 

14 ‘‘(3) ROLE.—Consistent with these Federal re15 sponsibilities, the Secretary shall—

16 ‘‘(A) conduct research; 

17 ‘‘(B) support and facilitate research and 

18 technology transfer activities by State highway 

19 agencies; 

20 ‘‘(C) share results of completed research; 

21 and 

22 ‘‘(D) support and facilitate technology and 

23 innovation deployment. 

24 ‘‘(4) PROGRAM CONTENT.—A surface transpor25 tation research program shall include—
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1 ‘‘(A) fundamental, long-term highway re2 search; 

3 ‘‘(B) research aimed at significant highway 

4 research gaps and emerging issues with na5 tional implications; and 

6 ‘‘(C) research related to policy and plan7 ning. 

8 ‘‘(5) STAKEHOLDER INPUT.—Federally spon9 sored surface transportation research and technology 

10 development activities shall address the needs of 

11 partners and stakeholders, and provide for stake12 holder input in preparation of a strategic plan for 

13 surface transportation research and technology de14 velopment. 

15 ‘‘(6) COMPETITION.—To the greatest extent 

16 possible, investment decisions for surface transpor17 tation research and technology development activities 

18 shall be based on the well-established principles of 

19 competition and merit review. 

20 ‘‘(7) PERFORMANCE REVIEW.—Surface trans21 portation research and technology development ac22 tivities shall include a component of performance 

23 measurement.’’. 

24 (c) PROCUREMENT FOR RESEARCH, DEVELOPMENT, 

25 AND TECHNOLOGY TRANSFER ACTIVITIES.—Section 
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1 502(b)(3) of such title (as redesignated by subsection (b) 

2 of this section) is amended to read as follows: 

3 ‘‘(3) COOPERATION, GRANTS, AND CON4 TRACTS.—The Secretary may carry out research, de5 velopment, and technology transfer activities related 

6 to transportation—

7 ‘‘(A) independently; 

8 ‘‘(B) in cooperation with other Federal de9 partments, agencies, and instrumentalities and 

10 Federal laboratories; or 

11 ‘‘(C) by making grants to, or entering into 

12 contracts, cooperative agreements, and other 

13 transactions with one or more of the following: 

14 the National Academy of Sciences, the Amer15 ican Association of State Highway and Trans16 portation Officials, any Federal laboratory, 

17 Federal agency, State agency, authority, asso18 ciation, institution, for-profit or nonprofit cor19 poration, organization, foreign country, any 

20 other person.’’. 

21 (d) TRANSPORTATION POOLED FUND PROGRAM.—

22 Section 502(b) of such title (as redesignated by subsection 

23 (b) of this section), is amended by adding at the end the 

24 following: 

25 ‘‘(6) POOLED FUNDING.—
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1 ‘‘(A) COOPERATION.—To promote effective 

2 utilization of available resources, the Secretary 

3 may cooperate with the States and other appro4 priate agencies in funding research, develop5 ment, and technology transfer activities of mu6 tual interest on a pooled funds basis. 

7 ‘‘(B) SECRETARY AS AGENT.—The Sec8 retary may enter into contracts, cooperative 

9 agreements, grants, and other transactions as 

10 agent for all participating parties in carrying 

11 out such research, development, or technology 

12 transfer.’’. 

13 (e) OPERATIONS ELEMENTS IN RESEARCH ACTIVI14 TIES.—Section 502 of such title is further amended—

15 (1) in subsection (b)(1) (as redesignated by 

16 subsection (b) of this section) by striking subpara17 graphs (B) and (C) and inserting the following: 

18 ‘‘(B) all phases of transportation planning 

19 and development (including construction, oper20 ation, transportation system management and 

21 operations, modernization, development, design, 

22 maintenance, safety, financing, and traffic con23 ditions); and 

24 ‘‘(C) the effect of State laws on the activi25 ties described in subparagraphs (A) and (B).’’; 
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1 (2) in subsection (d)(5)(C) (as redesignated by 

2 subsection (b) of this section) by inserting ‘‘system 

3 management and’’ after ‘‘transportation’’; and 

4 (3) by inserting at the end of subsection (d) (as 

5 redesignated by subsection (b) of this section) the 

6 following: 

7 ‘‘(12) Investigation and development of various 

8 operational methodologies to reduce the occurrence 

9 and impact of recurrent congestion and nonrecurrent 

10 congestion and increase transportation system reli11 ability. 

12 ‘‘(13) Investigation of processes, procedures, 

13 and technologies to secure container and hazardous 

14 material transport, including the evaluation of regu15 lations and the impact of good security practices on 

16 commerce and productivity. 

17 ‘‘(14) Research, development, and technology 

18 transfer related to asset management.’’. 

19 (f) FACILITATING TRANSPORTATION RESEARCH AND

20 TECHNOLOGY DEPLOYMENT PARTNERSHIPS.—Section 

21 502(c)(2) of such title (as redesignated by subsection (b) 

22 of this section) is amended to read as follows: 

23 ‘‘(2) COOPERATION, GRANTS, CONTRACTS, AND

24 AGREEMENTS.—Notwithstanding any other provision 

25 of law, the Secretary may directly initiate contracts, 
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1 cooperative research and development agreements 

2 (as defined in section 12 of the Stevenson-Wydler 

3 Technology Innovation Act of 1980 (15 U.S.C. 

4 3710a)), and other transactions to fund, and accept 

5 funds from, the Transportation Research Board of 

6 the National Research Council of the National Acad7 emy of Sciences, State departments of transpor8 tation, cities, counties, and their agents to conduct 

9 joint transportation research and technology ef10 forts.’’. 

11 (g) EXPLORATORY ADVANCED RESEARCH PRO12 GRAM.—Section 502(e) of such title (as redesignated by 

13 subsection (b) of this section) is amended to read as fol14 lows: 

15 ‘‘(e) EXPLORATORY ADVANCED RESEARCH.—

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish an exploratory advanced research program, con18 sistent with the surface transportation research and 

19 technology development strategic plan developed 

20 under section 508 that involves and draws upon 

21 basic research results to provide a better under22 standing of problems and develop innovative solu23 tions. In carrying out the program, the Secretary 

24 shall strive to develop partnerships with public and 

25 private sector entities. 
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1 ‘‘(2) RESEARCH AREAS.—In carrying out the 

2 program, the Secretary may make grants and enter 

3 into cooperative agreements and contracts in such 

4 areas of surface transportation research and tech5 nology as the Secretary determines appropriate, in6 cluding the following: 

7 ‘‘(A) Characterization of materials used in 

8 highway infrastructure, including analytical 

9 techniques, microstructure modeling, and the 

10 deterioration processes. 

11 ‘‘(B) Assessment of the effects of transpor12 tation decisions on human health. 

13 ‘‘(C) Development of surrogate measures 

14 of safety. 

15 ‘‘(D) Environmental research. 

16 ‘‘(E) Data acquisition techniques for sys17 tem condition and performance monitoring. 

18 ‘‘(F) System performance data and infor19 mation processing needed to assess the day-to20 day operational performance of the system in 

21 support of hour-to-hour operational decision22 making.’’. 

23 (h) LONG-TERM PAVEMENT PERFORMANCE PRO24 GRAM.—
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1 (1) IN GENERAL.—Section 502(f) of such title 

2 (as redesignated by subsection (b) of this section) is 

3 amended to read as follows: 

4 ‘‘(f) LONG-TERM PAVEMENT PERFORMANCE PRO5 GRAM.—

6 ‘‘(1) AUTHORITY.—The Secretary shall com7 plete the 20-year long-term pavement performance 

8 program tests initiated under the strategic highway 

9 research program established under section 307(d) 

10 (as in effect on June 8, 1998). 

11 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

12 CONTRACTS.—Under the program, the Secretary 

13 shall make grants and enter into cooperative agree14 ments and contracts to—

15 ‘‘(A) monitor, material-test, and evaluate 

16 highway test sections in existence as of the date 

17 of the grant, agreement, or contract; 

18 ‘‘(B) analyze the data obtained under sub19 paragraph (A); and 

20 ‘‘(C) prepare products to fulfill program 

21 objectives and meet future pavement technology 

22 needs.’’. 

23 (2) FUNDING.—Of the amounts made available 

24 by section 5101(a)(1) of this Act, $30,000,000 for 

25 each of fiscal years 2004 through 2009 shall be 
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1 available to carry out section 502(f) of title 23, 

2 United States Code. 

3 (i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN4 TER.—Section 502 of title 23, United States Code, is fur5 ther amended by adding at the end the following: 

6 ‘‘(i) TURNER-FAIRBANK HIGHWAY RESEARCH CEN7 TER.—

8 ‘‘(1) IN GENERAL.—The Secretary shall operate 

9 in the Federal Highway Administration a Turner10 Fairbank Highway Research Center. 

11 ‘‘(2) USES OF THE CENTER.—The Turner12 Fairbank Highway Research Center shall support—

13 ‘‘(A) the conduct of highway research and 

14 development related to new highway technology; 

15 ‘‘(B) the development of understandings, 

16 tools, and techniques that provide solutions to 

17 complex technical problems through the devel18 opment of economical and environmentally sen19 sitive designs, efficient and quality-controlled 

20 construction practices, and durable materials; 

21 and 

22 ‘‘(C) the development of innovative high23 way products and practices.’’. 
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1 SEC. 5202. LONG-TERM BRIDGE PERFORMANCE PROGRAM; 

2 INNOVATIVE BRIDGE RESEARCH AND DE3 PLOYMENT PROGRAM. 

4 (a) LONG-TERM BRIDGE PERFORMANCE PRO5 GRAM.—

6 (1) IN GENERAL.—Section 502 of title 23, 

7 United States Code, is further amended by adding 

8 at the end the following: 

9 ‘‘(j) LONG-TERM BRIDGE PERFORMANCE PRO10 GRAM.—

11 ‘‘(1) AUTHORITY.—The Secretary shall estab12 lish a 20-year long-term bridge performance pro13 gram. 

14 ‘‘(2) GRANTS, COOPERATIVE AGREEMENTS, AND

15 CONTRACTS.—Under the program, the Secretary 

16 shall make grants and enter into cooperative agree17 ments and contracts to—

18 ‘‘(A) monitor, material-test, and evaluate 

19 test bridges; 

20 ‘‘(B) analyze the data obtained under sub21 paragraph (A); and 

22 ‘‘(C) prepare products to fulfill program 

23 objectives and meet future bridge technology 

24 needs.’’. 

25 (2) FUNDING.—Of the amounts made available 

26 by section 5101(a)(1) of this Act, $25,000,000 for 
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1 each of fiscal years 2004 through 2009 shall be 

2 available to carry out section 502(j) of title 23, 

3 United States Code. 

4 (b) INNOVATIVE BRIDGE RESEARCH AND DEPLOY5 MENT PROGRAM.—

6 (1) IN GENERAL.—Section 503(b)(1) of such 

7 title is amended to read as follows: 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish and carry out a program to promote, dem10 onstrate, evaluate, and document the application of 

11 innovative designs, materials, and construction 

12 methods in the construction, repair, and rehabilita13 tion of bridges and other highway structures.’’. 

14 (2) GOALS.—Section 503(b)(2) of such title is 

15 amended to read as follows: 

16 ‘‘(2) GOALS.—The goals of the program shall 

17 include—

18 ‘‘(A) the development of new, cost-effec19 tive, innovative highway bridge applications;

20 ‘‘(B) the development of construction tech21 niques to increase safety and reduce construc22 tion time and traffic congestion; 

23 ‘‘(C) the development of engineering design 

24 criteria for innovative products, materials, and 
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1 structural systems for use in highway bridges 

2 and structures; 

3 ‘‘(D) the reduction of maintenance costs 

4 and life-cycle costs of bridges, including the 

5 costs of new construction, replacement, or reha6 bilitation of deficient bridges; 

7 ‘‘(E) the development of highway bridges 

8 and structures that will withstand natural dis9 asters; 

10 ‘‘(F) the documentation and wide dissemi11 nation of objective evaluations of the perform12 ance and benefits of these innovative designs, 

13 materials, and construction methods; 

14 ‘‘(G) the effective transfer of resulting in15 formation and technology; and 

16 ‘‘(H) the development of improved methods 

17 to detect bridge scour and economical bridge 

18 foundation designs that will withstand bridge 

19 scour.’’. 

20 (3) FUNDING.—Of the amounts made available 

21 by section 5101(a)(1) of this Act, $20,000,000 for 

22 each of fiscal years 2004 through 2009 shall be 

23 available to carry out section 503(b) of title 23, 

24 United States Code. 
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1 SEC. 5203. SURFACE TRANSPORTATION ENVIRONMENT AND 

2 PLANNING COOPERATIVE RESEARCH PRO3 GRAM. 

4 (a) IN GENERAL.—Section 507 of title 23, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 507. Surface transportation environment and plan7 ning cooperative research program 

8 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab9 lish and carry out a collaborative, public-private surface 

10 transportation environment and planning cooperative re11 search program. 

12 ‘‘(b) AGREEMENT.—The Secretary shall enter into an 

13 agreement with the National Academy of Sciences to carry 

14 out administrative and management activities relating to 

15 the governance of the surface transportation environment 

16 and planning cooperative research program. 

17 ‘‘(c) ADVISORY COMMITTEE.—

18 ‘‘(1) ESTABLISHMENT.—The Secretary shall es19 tablish a committee that will be responsible for pro20 gram oversight and project selection. 

21 ‘‘(2) MEMBERSHIP.—The members of the com22 mittee shall be appointed by the Secretary and shall 

23 be composed of—

24 ‘‘(A) representatives of State, regional, and 

25 local transportation agencies, including transit 

26 agencies; 
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1 ‘‘(B) representatives of State environ2 mental agencies and other environmental orga3 nizations; 

4 ‘‘(C) representatives of the transportation 

5 private sector; 

6 ‘‘(D) transportation and environmental sci7 entists and engineers; and 

8 ‘‘(E) representatives of the Federal High9 way Administration, Federal Transit Adminis10 tration, Environmental Protection Agency, 

11 United States Fish and Wildlife Service, Corps 

12 of Engineers, American Association of State 

13 Highway and Transportation Officials, and 

14 American Public Transportation Association, 

15 who shall serve in an ex officio capacity. 

16 ‘‘(3) BALANCE.—The majority of the commit17 tee’s voting members shall be representatives of gov18 ernment transportation agencies. 

19 ‘‘(4) MEETINGS.—The National Academy of 

20 Sciences shall convene meetings of the committee. 

21 ‘‘(d) GOVERNANCE.—The program established under 

22 this section shall include the following administrative and 

23 management elements: 

24 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi25 sory committee, in consultation with interested par-
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1 ties, shall develop, recommend, and periodically up2 date a national research agenda for the program. 

3 The national research agenda shall include a 

4 multiyear strategic plan. 

5 ‘‘(2) INVOLVEMENT.—Interested parties may—

6 ‘‘(A) submit research proposals; 

7 ‘‘(B) participate in merit reviews of re8 search proposals and peer reviews of research 

9 products; and 

10 ‘‘(C) receive research results. 

11 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

12 RESEARCH PROPOSALS.—The National Academy of 

13 Sciences may award under the program research 

14 contracts and grants through open competition and 

15 merit review conducted on a regular basis. 

16 ‘‘(4) EVALUATION OF RESEARCH.—

17 ‘‘(A) PEER REVIEW.—Research contracts 

18 and grants may allow peer review of the re19 search results. 

20 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

21 National Academy of Sciences may conduct 

22 periodic programmatic evaluations on a regular 

23 basis. 

24 ‘‘(5) DISSEMINATION OF RESEARCH FIND25 INGS.—The National Academy of Sciences shall dis-
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1 seminate research findings to researchers, practi2 tioners, and decisionmakers, through conferences 

3 and seminars, field demonstrations, workshops, 

4 training programs, presentations, testimony to gov5 ernment officials, World Wide Web, and publications 

6 for the general public. 

7 ‘‘(e) CONTENTS.—The national research agenda for 

8 the program required under subsection (d)(1) shall include 

9 research in the following areas for the purposes described: 

10 ‘‘(1) HUMAN HEALTH.—Human health to es11 tablish the links between transportation activities 

12 and human health; substantiate the linkages between 

13 exposure to concentration levels, emissions, and 

14 health impacts; examine the potential health impacts 

15 from the implementation and operation of transpor16 tation infrastructure and services; develop strategies 

17 for avoidance and reduction of these impacts; and 

18 develop strategies to understand the economic value 

19 of health improvements and for incorporating health 

20 considerations into valuation methods. 

21 ‘‘(2) ECOLOGY AND NATURAL SYSTEMS.—Ecol22 ogy and natural systems to measure transportation’s 

23 short- and long-term impact on natural systems; de24 velop ecologically based performance measures; de25 velop insight into both the spatial and temporal 
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1 issues associated with transportation and natural 

2 systems; study the relationship between highway 

3 density and ecosystem integrity, including the im4 pacts of highway density on habitat integrity and 

5 overall ecosystem health; develop a rapid assessment 

6 methodology for use by transportation and regu7 latory agencies in determining the relationship be8 tween highway density and ecosystem integrity; and 

9 develop ecologically based performance techniques to 

10 evaluate the success of highway project mitigation 

11 and enhancement measures. 

12 ‘‘(3) ENVIRONMENTAL AND SOCIOECONOMIC

13 RELATIONSHIPS.—Environmental and socioeconomic 

14 relationships to understand differences in mobility, 

15 access, travel behavior, and travel preferences across 

16 socioeconomic groups; develop improved planning ap17 proaches that better reflect and respond to commu18 nity needs; improve evaluation methods for exam19 ining the incidence of benefits and costs; examine 

20 the differential impacts of current methods of fi21 nance and explore alternatives; understand the socio22 economic implications of emerging land development 

23 patterns and new transportation technologies; de24 velop cost-effective applications of technology that 

25 improve the equity of the transport system; and de-
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1 velop improved methods for community involvement, 

2 collaborative planning, and conflict resolution. 

3 ‘‘(4) EMERGING TECHNOLOGIES.—Emerging 

4 technologies to assist in the transition to environ5 mentally benign fuels and vehicles for passengers 

6 and freight; develop responses to and demand for 

7 new technologies that could offer improved environ8 mental performance; identify possible applications of 

9 intelligent transportation systems technologies for 

10 environmental benefit; develop policy instruments 

11 that would encourage the development of beneficial 

12 new technologies in a cost-effective manner; and re13 spond to the impact of new technologies. 

14 ‘‘(5) LAND USE.—Land use to assess land con15 sumption trends and contributing factors of trans16 portation investment, housing policies, school qual17 ity, and consumer preferences; incorporate impacts 

18 of transportation investments on location decision 

19 and land use; identify the costs and benefits of cur20 rent development patterns and their transportation 

21 implications; determine the effect of the built envi22 ronment on people’s willingness to walk, drive, or 

23 take public transportation; determine the roles of 

24 public policy and institutional arrangements in cur25 rent and prospective land use and transportation 
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1 choices; and develop improved data, methods, and 

2 processes for considering land use, transportation, 

3 and the environment in an integrated, systematic 

4 fashion. 

5 ‘‘(6) PLANNING AND PERFORMANCE MEAS6 URES.—Planning and performance measures to im7 prove understanding of travel needs and preferences; 

8 improve planning methods for system analysis, fore9 casting, and decisionmaking; expand information on 

10 consumer choice processes and travel and activity 

11 patterns for both local and long-distance trips and 

12 both passenger and freight transportation analysis 

13 of social, environmental, and economic benefits and 

14 cost of various transport options; develop tools for 

15 measuring and forecasting complex transportation 

16 decisions for all modes and users; and develop per17 formance measures and policy analysis approaches 

18 that can be used to determine effectiveness. 

19 ‘‘(7) OTHER RESEARCH AREAS.—Other re20 search areas to identify and address the emerging 

21 and future surface transportation research needs re22 lated to planning and environment. 

23 ‘‘(f) FUNDING.—

24 ‘‘(1) FEDERAL SHARE.—The Federal share of 

25 the cost of an activity carried out under this section 
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1 shall be up to 100 percent, and such funds shall re2 main available until expended. 

3 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi4 tion to using funds authorized to be appropriated to 

5 carry out this section, the National Academy of 

6 Sciences may seek and accept additional funding 

7 sources to carry out this section from public and pri8 vate entities capable of attracting and accepting 

9 funding from the Department of Transportation, 

10 Environmental Protection Agency, Department of 

11 Energy, United States Fish and Wildlife Service, 

12 and other Federal environmental agencies, States, 

13 local governments, nonprofit foundations, and the 

14 private sector.’’. 

15 (b) CONFORMING AMENDMENT.—The analysis for 

16 chapter 5 of such title is amended by striking the item 

17 relating to section 507 and inserting the following:

‘‘507. Surface transportation environment and planning cooperative research 

program.’’.

18 (c) FUNDING.—Of the amounts made available by 

19 section 5101(a)(1) of this Act, $20,000,000 for each of 

20 fiscal years 2004 through 2009 shall be available to carry 

21 out section 507 of title 23, United States Code. 

22 SEC. 5204. TECHNOLOGY DEPLOYMENT. 

23 (a) TECHNOLOGY DEPLOYMENT PROGRAM.—Section 

24 503(a) of title 23, United States Code, is amended—
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1 (1) in the subsection heading by striking ‘‘INI2 TIATIVES AND PARTNERSHIPS’’; 

3 (2) by striking paragraph (1) and inserting the 

4 following: 

5 ‘‘(1) ESTABLISHMENT.—The Secretary shall 

6 develop and administer a national technology deploy7 ment program.’’; 

8 (3) by striking paragraph (7) and inserting the 

9 following: 

10 ‘‘(7) GRANTS, COOPERATIVE AGREEMENTS, AND

11 CONTRACTS.—

12 ‘‘(A) IN GENERAL.—Under the program, 

13 the Secretary shall make grants to, and enter 

14 into cooperative agreements and contracts with, 

15 States, other Federal agencies, universities and 

16 colleges, private sector entities, and nonprofit 

17 organizations to pay the Federal share of the 

18 cost of research, development, and technology 

19 transfer activities concerning innovative mate20 rials. 

21 ‘‘(B) APPLICATIONS.—To receive a grant 

22 under this subsection, an entity described in 

23 subparagraph (A) shall submit an application to 

24 the Secretary. The application shall be in such 

25 form and contain such information as the Sec-
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1 retary may require. The Secretary shall select 

2 and approve an application based on whether 

3 the project that is the subject of the grant 

4 meets the purpose of the program described in 

5 paragraph (2).’’; and 

6 (4) by striking paragraph (8) and inserting the 

7 following: 

8 ‘‘(8) TECHNOLOGY AND INFORMATION TRANS9 FER.—The Secretary shall ensure that the informa10 tion and technology resulting from research con11 ducted under paragraph (3) is made available to 

12 State and local transportation departments and 

13 other interested parties as specified by the Sec14 retary.’’. 

15 (b) INNOVATIVE PAVEMENT RESEARCH AND DE16 PLOYMENT PROGRAM.—

17 (1) IN GENERAL.—Section 503 of such title is 

18 further amended by adding at the end the following: 

19 ‘‘(c) INNOVATIVE PAVEMENT RESEARCH AND DE20 PLOYMENT PROGRAM.—

21 ‘‘(1) IN GENERAL.—The Secretary shall estab22 lish and implement a program to promote, dem23 onstrate, support, and document the application of 

24 innovative pavement technologies, practices, per25 formance, and benefits. 
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1 ‘‘(2) GOALS.—The goals of the innovative pave2 ment research and deployment program shall in3 clude—

4 ‘‘(A) the deployment of new, cost-effective, 

5 innovative designs, materials, and practices to 

6 extend pavement life and performance and to 

7 improve customer satisfaction; 

8 ‘‘(B) the reduction of initial costs and life9 cycle costs of pavements, including the costs of 

10 new construction, replacement, maintenance, 

11 and rehabilitation; 

12 ‘‘(C) the deployment of accelerated con13 struction techniques to increase safety and re14 duce construction time and traffic disruption 

15 and congestion; 

16 ‘‘(D) the deployment of engineering design 

17 criteria and specifications for innovative prac18 tices, products, and materials for use in high19 way pavements; 

20 ‘‘(E) the deployment of new nondestructive 

21 and real-time pavement evaluation technologies 

22 and techniques; 

23 ‘‘(F) the evaluation, refinement, and docu24 mentation of the performance and benefits of 

25 innovative technologies deployed to improve life, 
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1 performance, cost effectiveness, safety, and cus2 tomer satisfaction; 

3 ‘‘(G) effective technology transfer and in4 formation dissemination to accelerate imple5 mentation of innovative technologies and to im6 prove life, performance, cost effectiveness, safe7 ty, and customer satisfaction; and 

8 ‘‘(H) the development of designs and mate9 rials to reduce storm water runoff. 

10 ‘‘(3) RESEARCH TO IMPROVE NHS PAVE11 MENT.—The Secretary shall obligate not less than 

12 $10,000,000 per fiscal year from funds made avail13 able to carry out this subsection to conduct research 

14 to improve asphalt pavement, concrete pavement, 

15 and aggregates used in highways on the National 

16 Highway System.’’. 

17 (2) FUNDING.—Of the amounts made available 

18 by section 5101(a)(1) of this Act, $25,000,000 for 

19 each of fiscal years 2004 through 2009 shall be 

20 available to carry out section 503(c) of title 23, 

21 United States Code. 

22 (c) SAFETY INNOVATION DEPLOYMENT PROGRAM.—

23 (1) IN GENERAL.—Section 503 of such title is 

24 further amended by adding the following: 
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1 ‘‘(d) SAFETY INNOVATION DEPLOYMENT PRO2 GRAM.—

3 ‘‘(1) IN GENERAL.—The Secretary shall estab4 lish and implement a program to demonstrate the 

5 application of innovative technologies in highway 

6 safety. 

7 ‘‘(2) GOALS.—The goals of the program shall 

8 include—

9 ‘‘(A) the deployment and evaluation of 

10 safety technologies and innovations at State 

11 and local levels; and 

12 ‘‘(B) the deployment of best practices in 

13 training, management, design, and planning. 

14 ‘‘(3) GRANTS, COOPERATIVE AGREEMENTS, AND

15 CONTRACTS.—

16 ‘‘(A) IN GENERAL.—Under the program, 

17 the Secretary shall make grants to, and enter 

18 into cooperative agreements and contracts with, 

19 States, other Federal agencies, universities and 

20 colleges, private sector entities, and nonprofit 

21 organizations for research, development, and 

22 technology transfer for innovative safety tech23 nologies. 

24 ‘‘(B) APPLICATIONS.—To receive a grant 

25 under this subsection, an entity described in 
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1 subparagraph (A) shall submit an application to 

2 the Secretary. The application shall be in such 

3 form and contain such information as the Sec4 retary may require. The Secretary shall select 

5 and approve the applications based on whether 

6 the project that is the subject of the application 

7 meets the goals of the program described in 

8 paragraph (2). 

9 ‘‘(4) TECHNOLOGY AND INFORMATION TRANS10 FER.—The Secretary shall take such action as is 

11 necessary to ensure that the information and tech12 nology resulting from research conducted under 

13 paragraph (3) is made available to State and local 

14 transportation departments and other interested 

15 parties as specified by the Secretary.’’. 

16 (2) FUNDING.—Of the amounts made available 

17 by section 5101(a)(1) of this Act, $20,000,000 for 

18 each of fiscal years 2004 through 2009 shall be 

19 available to carry out section 503(d) of title 23, 

20 United States Code. 

21 (d) AUTHORITY TO PURCHASE PROMOTIONAL

22 ITEMS.—Section 503 of such title is further amended by 

23 adding at the end the following: 

24 ‘‘(e) PROMOTIONAL AUTHORITY.—Funds authorized 

25 to be appropriated for necessary expenses for administra-
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1 tion and operation of the Federal Highway Administration 

2 shall be available to purchase promotional items of nomi3 nal value for use in the recruitment of individuals and to 

4 promote the programs of the Federal Highway Adminis5 tration.’’. 

6 SEC. 5205. TRAINING AND EDUCATION. 

7 (a) NATIONAL HIGHWAY INSTITUTE.—

8 (1) IN GENERAL.—Section 504(a)(3) of title 

9 23, United States Code, is amended to read as fol10 lows: 

11 ‘‘(3) COURSES.—The Institute may develop and 

12 administer courses in modern developments, tech13 niques, methods, regulations, management, and pro14 cedures in areas, including surface transportation, 

15 environmental mitigation, compliance, stewardship, 

16 and streamlining, acquisition of rights-of-way, relo17 cation assistance, engineering, safety, transportation 

18 system management and operations, construction, 

19 maintenance, contract administration, inspection, 

20 and highway finance.’’. 

21 (2) FUNDING.—Of the amounts made available 

22 by section 5101(a)(2) of this Act, $8,000,000 for 

23 each of fiscal years 2004 through 2009 shall be 

24 available to carry out section 504(a) of title 23, 

25 United States Code. 
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1 (b) LOCAL TECHNICAL ASSISTANCE PROGRAM.—

2 (1) IN GENERAL.—Section 504(b) of such title 

3 is amended by adding at the end the following: 

4 ‘‘(3) FEDERAL SHARE.—

5 ‘‘(A) GRANTS.—A grant under this sub6 section may be used to pay up to 50 percent of 

7 local technical assistance program costs. Funds 

8 available for technology transfer and training 

9 purposes under this title and title 49 may be 

10 used to cover the remaining 50 percent of the 

11 program costs. 

12 ‘‘(B) TRIBAL TECHNICAL ASSISTANCE

13 CENTERS.—The Federal share of the cost of ac14 tivities carried out by the tribal technical assist15 ance centers under paragraph (2)(D)(ii) shall 

16 be 100 percent.’’. 

17 (2) FUNDING.—Of the amounts made available 

18 by section 5101(a)(2) of this Act, $15,000,000 for 

19 each of fiscal years 2004 through 2009 shall be 

20 available to carry out section 504(b) of title 23, 

21 United States Code. 

22 (c) EISENHOWER TRANSPORTATION FELLOWSHIP

23 PROGRAM.—Of the amounts made available by section 

24 5101(a)(2) of this Act, $3,000,000 for each of fiscal years 
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1 2004 through 2009 shall be available to carry out section 

2 504(c)(2) of title 23, United States Code. 

3 (d) GARRETT MORGAN PROGRAM.—[Reserved.] 

4 (e) SURFACE TRANSPORTATION WORKFORCE DE5 VELOPMENT, TRAINING, AND EDUCATION.—Section 504 

6 of such title is amended by adding at the end the fol7 lowing: 

8 ‘‘(d) SURFACE TRANSPORTATION WORKFORCE DE9 VELOPMENT, TRAINING, AND EDUCATION.—

10 ‘‘(1) FUNDING.—Subject to project approval by 

11 the Secretary, a State may obligate funds appor12 tioned to the State under sections 104(b)(1), 

13 104(b)(2), 104(b)(3), 104(b)(4), and 144(e) for sur14 face transportation workforce development, training 

15 and education, including—

16 ‘‘(A) tuition and direct educational ex17 penses, excluding salaries, in connection with 

18 the education and training of employees of 

19 State and local transportation agencies; 

20 ‘‘(B) employee professional development; 

21 ‘‘(C) student internships; 

22 ‘‘(D) university or community college sup23 port; and 
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1 ‘‘(E) education activities, including out2 reach, to develop interest and promote partici3 pation in surface 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 ‘‘(3) SURFACE TRANSPORTATION WORKFORCE

8 DEVELOPMENT, TRAINING, AND EDUCATION DE9 FINED.—In this subsection, the term ‘surface trans10 portation workforce development, training, and edu11 cation’ means activities associated with surface 

12 transportation career awareness, student transpor13 tation career preparation, and training and profes14 sional development for surface transportation work15 ers, including activities for women and minorities.’’. 

16 (f) DEFINITIONS AND DECLARATION OF POLICY.—

17 Section 101(a)(3) of such title is amended—

18 (1) by striking ‘‘and’’ at the end of subpara19 graph (G); 

20 (2) by striking the period at the end of sub21 paragraph (H) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(I) surface transportation workforce de24 velopment, training, and education.’’. 
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1 SEC. 5206. FREIGHT PLANNING CAPACITY BUILDING. 

2 (a) IN GENERAL.—Section 504 of title 23, United 

3 States Code, is amended by adding at the end the fol4 lowing: 

5 ‘‘(e) FREIGHT CAPACITY BUILDING PROGRAM.—

6 ‘‘(1) ESTABLISHMENT.—The Secretary shall es7 tablish a freight planning capacity building initiative 

8 to support enhancements in freight transportation 

9 planning in order to—

10 ‘‘(A) better target investments in freight 

11 transportation systems to maintain efficiency 

12 and productivity; and 

13 ‘‘(B) strengthen the decisionmaking capac14 ity of State transportation departments and 

15 local transportation agencies with respect to 

16 freight transportation planning and systems. 

17 ‘‘(2) AGREEMENTS.—The Secretary shall enter 

18 into agreements to support and carry out adminis19 trative and management activities relating to the 

20 governance of the freight planning capacity initia21 tive. 

22 ‘‘(3) STAKEHOLDER INVOLVEMENT.—In car23 rying out this section, the Secretary shall consult 

24 with the Association of Metropolitan Planning Orga25 nizations, the American Association of State High26 way and Transportation Officials, and other freight 
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1 planning stakeholders, including the other Federal 

2 agencies, State transportation departments, local 

3 governments, nonprofit entities, academia, and the 

4 private sector. 

5 ‘‘(4) ELIGIBLE ACTIVITIES.—The freight plan6 ning capacity building initiative shall include re7 search, training, and education in the following 

8 areas: 

9 ‘‘(A) The identification and dissemination 

10 of best practices in freight transportation. 

11 ‘‘(B) Providing opportunities for freight 

12 transportation staff to engage in peer exchange. 

13 ‘‘(C) Refinement of data and analysis tools 

14 used in conjunction with assessing freight 

15 transportation needs. 

16 ‘‘(D) Technical assistance to State trans17 portation departments and local transportation 

18 agencies reorganizing to address freight trans19 portation issues. 

20 ‘‘(E) Facilitating relationship building be21 tween governmental and private entities in22 volved in freight transportation. 

23 ‘‘(F) Identifying ways to target the capac24 ity of State transportation departments and 

25 local transportation agencies to address freight 
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1 considerations in operations, security, asset 

2 management, and environmental excellence in 

3 connection with long-range multimodal trans4 portation planning and project implementation. 

5 ‘‘(5) FUNDING.—

6 ‘‘(A) FEDERAL SHARE.—The Federal 

7 share of the cost of an activity carried out 

8 under this section shall be up to 100 percent, 

9 and such funds shall remain available until ex10 pended. 

11 ‘‘(B) USE OF NON-FEDERAL FUNDS.—

12 Funds made available for the program estab13 lished under this subsection may be used for re14 search, program development, information col15 lection and dissemination, and technical assist16 ance. The Secretary may use such funds inde17 pendently or make grants to, or enter into con18 tracts, cooperative agreements, and other trans19 actions with, a Federal agency, State agency, 

20 local agency, Federally recognized Indian tribal 

21 government or tribal consortium, authority, as22 sociation, nonprofit or for-profit corporation, or 

23 institution of higher education, to carry out the 

24 purposes of this subsection.’’. 
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1 (b) FUNDING.—Of the amounts made available by 

2 section 5101(a)(2) of this Act, $10,000,000 for each of 

3 fiscal years 2004 through 2009 shall be available to carry 

4 out section 504(e) of title 23, United States Code. 

5 (c) TECHNICAL AMENDMENT.—Section 508(e)(3)(C) 

6 of such title is amended by inserting ‘‘of title 31’’ after 

7 ‘‘1116’’. 

8 SEC. 5207. ADVANCED TRAVEL FORECASTING PROCEDURES 

9 PROGRAM. 

10 (a) CONTINUATION AND ACCELERATION OF

11 TRANSIMS DEPLOYMENT.—The Secretary shall accel12 erate the deployment of the advanced transportation 

13 model known as the ‘‘Transportation Analysis Simulation 

14 System’’ (in this section referred to as ‘‘TRANSIMS’’), 

15 developed by the Los Alamos National Laboratory. The 

16 program shall assist State departments of transportation 

17 and metropolitan planning organizations in the implemen18 tation of TRANSIMS, develop methods for TRANSIMS 

19 applications to transportation planning and air quality 

20 analysis, and provide training and technical assistance for 

21 the implementation of TRANSIMS. The program may 

22 support the development of methods to plan for the trans23 portation response to chemical and biological terrorism 

24 and other security concerns. 
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1 (b) ELIGIBLE ACTIVITIES.—The Secretary shall use 

2 funds made available by section 5101(a)(1) to—

3 (1) provide funding to State departments of 

4 transportation and metropolitan planning organiza5 tions serving transportation management areas des6 ignated under chapter 52 of title 49, United States 

7 Code, representing a diversity of populations, geo8 graphic regions, and analytic needs to implement 

9 TRANSIMS; 

10 (2) develop methods to demonstrate a wide 

11 spectrum of TRANSIMS applications to support 

12 metropolitan and statewide transportation planning, 

13 including integrating highway and transit oper14 ational considerations into the transportation plan15 ning process; and 

16 (3) provide training and technical assistance with 

17 respect to the implementation and application of 

18 TRANSIMS to States, local governments, and met19 ropolitan planning organizations with responsibility 

20 for travel modeling. 

21 (c) ALLOCATION OF FUNDS.—Not more than 75 per22 cent of the funds made available to carry out this section 

23 may be allocated to activities described in subsection 

24 (b)(1). 
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1 (d) FUNDING.—Of the amounts made available by 

2 section 5101(a)(1) of this Act, $5,000,000 for each of fis3 cal years 2004 through 2009 shall be available to carry 

4 out this section.

5 SEC. 5208. NATIONAL COOPERATIVE FREIGHT TRANSPOR6 TATION RESEARCH PROGRAM. 

7 (a) IN GENERAL.—Chapter 5 of title 23, United 

8 States Code, is further amended by adding at the end the 

9 following: 

10 ‘‘§ 509. National cooperative freight transportation 

11 research program 

12 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab13 lish and support a national cooperative freight transpor14 tation research program. 

15 ‘‘(b) AGREEMENT.—The Secretary shall enter into an 

16 agreement with the National Academy of Sciences to sup17 port and carry out administrative and management activi18 ties relating to the governance of the national cooperative 

19 freight transportation research program. 

20 ‘‘(c) ADVISORY COMMITTEE.—The National Acad21 emy of Sciences shall select an advisory committee con22 sisting of a representative cross-section of freight stake23 holders, including the Department of Transportation, 

24 other Federal agencies, State transportation departments, 
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1 local governments, nonprofit entities, academia, and the 

2 private sector. 

3 ‘‘(d) GOVERNANCE.—The national cooperative 

4 freight transportation research program established under 

5 this section shall include the following administrative and 

6 management elements: 

7 ‘‘(1) NATIONAL RESEARCH AGENDA.—The advi8 sory committee, in consultation with interested par9 ties, shall recommend a national research agenda for 

10 the program. The agenda shall include a multiyear 

11 strategic plan. 

12 ‘‘(2) INVOLVEMENT.—Interested parties may—

13 ‘‘(A) submit research proposals to the advi14 sory committee; 

15 ‘‘(B) participate in merit reviews of re16 search proposals and peer reviews of research 

17 products; and 

18 ‘‘(C) receive research results. 

19 ‘‘(3) OPEN COMPETITION AND PEER REVIEW OF

20 RESEARCH PROPOSALS.—The National Academy of 

21 Sciences may award research contracts and grants 

22 under the program through open competition and 

23 merit review conducted on a regular basis. 

24 ‘‘(4) EVALUATION OF RESEARCH.—
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1 ‘‘(A) PEER REVIEW.—Research contracts 

2 and grants under the program may allow peer 

3 review of the research results. 

4 ‘‘(B) PROGRAMMATIC EVALUATIONS.—The 

5 National Academy of Sciences may conduct 

6 periodic programmatic evaluations on a regular 

7 basis of research contracts and grants. 

8 ‘‘(5) DISSEMINATION OF RESEARCH FIND9 INGS.—The National Academy of Sciences shall dis10 seminate research findings to researchers, practi11 tioners, and decisionmakers, through conferences 

12 and seminars, field demonstrations, workshops, 

13 training programs, presentations, testimony to gov14 ernment officials, World Wide Web, publications for 

15 the general public, and other appropriate means. 

16 ‘‘(e) CONTENTS.—The national research agenda re17 quired under subsection (d)(1) shall include research in 

18 the following areas: 

19 ‘‘(1) Techniques for estimating and quantifying 

20 public benefits derived from freight transportation 

21 projects. 

22 ‘‘(2) Alternative approaches to calculating the 

23 contribution of truck and rail traffic to congestion 

24 on specific highway segments. 
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1 ‘‘(3) The feasibility of consolidating origins and 

2 destinations for freight movement. 

3 ‘‘(4) Methods for incorporating estimates of 

4 international trade into landside transportation plan5 ning. 

6 ‘‘(5) The use of technology applications to in7 crease capacity of highway lanes dedicated to truck8 only traffic. 

9 ‘‘(6) Development of physical and policy alter10 natives for separating car and truck traffic. 

11 ‘‘(7) Ways to synchronize infrastructure im12 provements with freight transportation demand. 

13 ‘‘(8) The effect of changing patterns of freight 

14 movement on transportation planning decisions re15 lating to rest areas. 

16 ‘‘(9) Other research areas to identify and ad17 dress the emerging and future research needs re18 lated to freight transportation by all modes. 

19 ‘‘(f) FUNDING.—

20 ‘‘(1) FEDERAL SHARE.—The Federal share of 

21 the cost of an activity carried out under this section 

22 shall be up to 100 percent, and such funds shall re23 main available until expended. 

24 ‘‘(2) USE OF NON-FEDERAL FUNDS.—In addi25 tion to using funds authorized for this section, the 
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1 National Academy of Sciences may seek and accept 

2 additional funding sources from public and private 

3 entities capable of accepting funding from the De4 partment of Transportation, States, local govern5 ments, nonprofit foundations, and the private sec6 tor.’’. 

7 (b) CONFORMING AMENDMENT.—The analysis for 

8 such chapter is further amended by adding at the end the 

9 following:

‘‘509. National cooperative freight transportation research program.’’.

10 (c) FUNDING.—Of the amounts made available by 

11 section 5101(a)(1) of this Act, $10,000,000 for each of 

12 fiscal years 2004 through 2009 shall be available to carry 

13 out section 509 of title 23, United States Code. 

14 SEC. 5209. FUTURE STRATEGIC HIGHWAY RESEARCH PRO15 GRAM. 

16 (a) IN GENERAL.—Chapter 5 of title 23, United 

17 States Code, is further amended by adding at the end the 

18 following: 

19 ‘‘§ 510. Future strategic highway research program 

20 ‘‘(a) ESTABLISHMENT.—The Secretary, in consulta21 tion with the American Association of State Highway and 

22 Transportation Officials, shall establish and carry out, 

23 acting through the National Research Council of the Na24 tional Academy of Sciences, the future strategic highway 

25 research program. 
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1 ‘‘(b) COOPERATIVE AGREEMENTS.—The Secretary 

2 may make grants to, and enter into cooperative agree3 ments with, the American Association of State Highway 

4 and Transportation Officials and the National Academy 

5 of Sciences to carry out such activities under this sub6 section as the Secretary determines are appropriate. 

7 ‘‘(c) PERIOD OF AVAILABILITY.—Funds made avail8 able to carry out this section shall remain available for 

9 the fiscal year in which such funds are made available and 

10 the 3 succeeding fiscal years. 

11 ‘‘(d) PROGRAM PRIORITIES.—

12 ‘‘(1) PROGRAM ELEMENTS.—The program es13 tablished under this section shall be based on the 

14 National Research Council Special Report 260, enti15 tled ‘Strategic Highway Research: Saving Lives, Re16 ducing Congestion, Improving Quality of Life’ and 

17 the results of the detailed planning work subse18 quently carried out in 2002 and 2003 to identify the 

19 research areas through National Cooperative Re20 search Program Project 20–58. The research pro21 gram shall include an analysis of the following: 

22 ‘‘(A) Renewal of aging highway infrastruc23 ture with minimal impact to users of the facili24 ties. 
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1 ‘‘(B) Driving behavior and likely crash 

2 causal factors to support improved counter3 measures. 

4 ‘‘(C) Reducing highway congestion due to 

5 nonrecurring congestion. 

6 ‘‘(D) Planning and designing new road ca7 pacity to meet mobility, economic, environ8 mental, and community needs. 

9 ‘‘(2) DISSEMINATION OF RESULTS.—The re10 search results of the program, expressed in terms of 

11 technologies, methodologies, and other appropriate 

12 categorizations, shall be disseminated to practicing 

13 engineers for their use, as soon as practicable. 

14 ‘‘(e) PROGRAM ADMINISTRATION.—In carrying out 

15 the program under this section, the National Research 

16 Council shall ensure, to the maximum extent practicable, 

17 that—

18 ‘‘(1) projects and researchers are selected to 

19 conduct research for the program on the basis of 

20 merit and open solicitation of proposals and review 

21 by panels of appropriate experts; 

22 ‘‘(2) State department of transportation offi23 cials and other stakeholders, as appropriate, are in24 volved in the governance of the program at the over-
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1 all program level and technical level through the use 

2 of expert panels and committees; 

3 ‘‘(3) the Council acquires a qualified, perma4 nent core staff with the ability and expertise to man5 age the program and multiyear budget; and 

6 ‘‘(4) there is no duplication of research effort 

7 between the program and any other research effort 

8 of the Department. 

9 ‘‘(f) REPORT ON IMPLEMENTATION OF RESULTS.—

10 ‘‘(1) REPORT.—The Transportation Research 

11 Board of the National Research Council shall com12 plete a report on the strategies and administrative 

13 structure to be used for implementation of the re14 sults of the future strategic highway research pro15 gram. 

16 ‘‘(2) COMPONENTS.—The report under para17 graph (1) shall include with respect to the pro18 gram—

19 ‘‘(A) an identification of the most prom20 ising results of research under the program (in21 cluding the persons most likely to use the re22 sults); 

23 ‘‘(B) a discussion of potential incentives 

24 for, impediments to, and methods of, imple25 menting those results; 
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1 ‘‘(C) an estimate of costs of implementa2 tion of those results; and 

3 ‘‘(D) recommendations on methods by 

4 which implementation of those results should be 

5 conducted, coordinated, and supported in future 

6 years, including a discussion of the administra7 tive structure and organization best suited to 

8 carry out those recommendations. 

9 ‘‘(3) CONSULTATION.—In developing the report, 

10 the Transportation Research Board shall consult 

11 with a wide variety of stakeholders, including—

12 ‘‘(A) the Federal Highway Administration; 

13 ‘‘(B) the National Highway Traffic Safety 

14 Administration; and 

15 ‘‘(C) the American Association of State 

16 Highway and Transportation Officials. 

17 ‘‘(4) SUBMISSION.—Not later than February 1, 

18 2009, the report shall be submitted to the Com19 mittee on Environment and Public Works of the 

20 Senate and the Committee on Transportation and 

21 Infrastructure of the House of Representatives. 

22 ‘‘(g) LIMITATION OF REMEDIES.—

23 ‘‘(1) SAME REMEDY AS IF UNITED STATES.—

24 The remedy against the United States provided by 

25 sections 1346(b) and 2672 of title 28 for injury, loss 
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1 of property, personal injury, or death shall apply to 

2 any claim against the National Academy of Sciences 

3 for money damages for injury, loss of property, per4 sonal injury, or death caused by any negligent or 

5 wrongful act or omission by employees and individ6 uals described in paragraph (3) arising from activi7 ties conducted under or in connection with this sec8 tion. Any such claim shall be subject to the limita9 tions and exceptions which would be applicable to 

10 such claim if such claim were against the United 

11 States. With respect to any such claim, the Sec12 retary shall be treated as the head of the appro13 priate Federal agency for purposes of sections 2672 

14 and 2675 of title 28. 

15 ‘‘(2) EXCLUSIVENESS OF REMEDY.—The rem16 edy referred to in paragraph (1) shall be exclusive 

17 of any other civil action or proceeding for the pur18 pose of determining liability arising from any such 

19 act or omission without regard to when the act or 

20 omission occurred. 

21 ‘‘(3) TREATMENT.—Employees of the National 

22 Academy of Sciences and other individuals appointed 

23 by the president of the National Academy of 

24 Sciences and acting on its behalf in connection with 

25 activities carried out under this section shall be 
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1 treated as if they are employees of the Federal Gov2 ernment under section 2671 of title 28 for purposes 

3 of a civil action or proceeding with respect to a claim 

4 described in paragraph (1). The civil action or pro5 ceeding shall proceed in the same manner as any 

6 proceeding under chapter 171 of title 28 or action 

7 against the United States filed pursuant to section 

8 1346(b) of title 28 and shall be subject to the limita9 tions and exceptions applicable to such a proceeding 

10 or action. 

11 ‘‘(4) SOURCES OF PAYMENTS.—Payment of any 

12 award, compromise, or settlement of a civil action or 

13 proceeding with respect to a claim described in para14 graph (1) shall be paid first out of insurance main15 tained by the National Academy of Sciences, second 

16 from funds made available to carry out this section, 

17 and then from sums made available under section 

18 1304 of title 31. For purposes of such section, such 

19 an award, compromise, or settlement shall be 

20 deemed to be a judgment, award, or settlement pay21 able under section 2414 or 2672 of title 28. The 

22 Secretary may establish a reserve of funds made 

23 available to carry out this section for making pay24 ments under this paragraph. 

25 ‘‘(f) FUNDING.—
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1 ‘‘(1) FEDERAL SHARE.—The Federal share of 

2 the cost of an activity carried out using amounts 

3 made available under a grant or cooperative agree4 ment under this section shall be 100 percent, and 

5 such funds shall remain available until expended. 

6 ‘‘(2) ADVANCE PAYMENTS.—The Secretary may 

7 make advance payments as necessary to carry out 

8 the program under this section.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 such chapter is further amended by adding at the end the 

11 following:

‘‘510. Future strategic highway research program.’’.

12 (c) FUNDING.—Of the amounts made available by 

13 section 5101(a)(1) of this Act, $75,000,000 for each of 

14 fiscal years 2004 through 2009 shall be available to carry 

15 out section 510 of title 23, United States Code. 

16 SEC. 5210. TRANSPORTATION SAFETY INFORMATION MAN17 AGEMENT SYSTEM PROJECT. 

18 (a) IN GENERAL.—The Secretary shall fund and 

19 carry out a project to further the development of a com20 prehensive transportation safety information management 

21 system (in this section referred to as ‘‘TSIMS’’). 

22 (b) PURPOSES.—The purpose of the TSIMS project 

23 is to further the development of a software application to 

24 provide for the collection, integration, management, and 

25 dissemination of safety data from and for use among State 
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1 and local safety and transportation agencies, including 

2 driver licensing, vehicle registration, emergency manage3 ment system, injury surveillance, roadway inventory, and 

4 motor carrier databases. 

5 (c) FUNDING.—

6 (1) FEDERAL CONTRIBUTION.—Of the amounts 

7 made available by section 5101(a)(1) of this Act, 

8 $5,000,000 for each of fiscal years 2004 and 2005 

9 shall be available to carry out the TSIMS project 

10 under this section. 

11 (2) STATE CONTRIBUTION.—The sums author12 ized in paragraph (1) are intended to supplement 

13 voluntary contributions to be made by State depart14 ments of transportation and other State safety and 

15 transportation agencies. 

16 SEC. 5211. SURFACE TRANSPORTATION CONGESTION RE17 LIEF SOLUTIONS RESEARCH INITIATIVE. 

18 (a) ESTABLISHMENT.—During fiscal year 2004, the 

19 Secretary, acting through the Federal Highway Adminis20 tration, shall establish a surface transportation congestion 

21 solutions research initiative consisting of 2 independent 

22 research programs described in subsections (b)(1) and 

23 (b)(2) and designed to develop information to assist State 

24 transportation departments and metropolitan planning or-
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1 ganizations measure and address surface transportation 

2 congestion problems. 

3 (b) SURFACE TRANSPORTATION CONGESTION SOLU4 TIONS RESEARCH PROGRAM.—

5 (1) IMPROVED SURFACE TRANSPORTATION CON6 GESTION MANAGEMENT SYSTEM MEASURES.—The 

7 purposes of the first research program established 

8 under this section shall be—

9 (A) to examine the effectiveness of surface 

10 transportation congestion management systems 

11 since enactment of the Intermodal Surface 

12 Transportation Assistance Act of 1991 (Public 

13 Law 102–240); 

14 (B) to identify best case examples of lo15 cally designed reporting methods and incor16 porate such methods in research on national 

17 models for developing and recommending im18 proved surface transportation congestion meas19 urement and reporting; and 

20 (C) to incorporate such methods in the de21 velopment of national models and methods to 

22 monitor, measure, and report surface transpor23 tation congestion information. 

24 (2) ANALYTICAL TECHNIQUES FOR ACTION ON

25 SURFACE TRANSPORTATION CONGESTION.—The pur-
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1 poses of the second research program established 

2 under this section shall be—

3 (A) to analyze the effectiveness of proce4 dures used by State transportation departments 

5 and metropolitan planning organizations to as6 sess surface transportation congestion problems 

7 and communicate those problems to decision8 makers; and 

9 (B) to identify methods to ensure that the 

10 results of surface transportation congestion 

11 analyses will lead to the targeting of funding 

12 for programs, projects, or services with dem13 onstrated effectiveness in reducing travel delay, 

14 congestion, and system unreliability. 

15 (c) TECHNICAL ASSISTANCE AND TRAINING.—In fis16 cal year 2006, the Secretary, acting through the Federal 

17 Highway Administration, shall develop a technical assist18 ance and training program to disseminate the results of 

19 the surface transportation congestion solutions research 

20 initiative for the purpose of assisting State transportation 

21 departments and local transportation agencies with im22 proving their approaches to surface transportation conges23 tion measurement, analysis, and project programming. 

24 (d) FUNDING.—Of the amounts made available by 

25 sections 5101(a)(1) of this Act, $18,000,000 for each of 
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1 fiscal years 2004 through 2009 shall be available to carry 

2 out subsections (a) and (b). Of the amounts made avail3 able by section 5101(a)(2), $2,000,000 for each of fiscal 

4 years 2004 through 2009 shall be available to carry out 

5 subsection (c). 

6 Subtitle C—University Transpor7 tation Research; Scholarship 

8 Opportunities 

9 SEC. 5301. NATIONAL UNIVERSITY TRANSPORTATION CEN10 TERS. 

11 (a) IN GENERAL.—Section 5505 of title 49, United 

12 States Code, is amended to read as follows:

13 ‘‘§ 5505. National university transportation centers 

14 ‘‘(a) IN GENERAL.—

15 ‘‘(1) ESTABLISHMENT AND OPERATION.—The 

16 Secretary of Transportation shall make grants under 

17 this section to eligible nonprofit institutions of high18 er learning to establish and operate national univer19 sity transportation centers. 

20 ‘‘(2) ROLE OF CENTERS.—The role of each cen21 ter shall be to advance significantly transportation 

22 research on critical national transportation issues 

23 and to expand the workforce of transportation pro24 fessionals. 
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1 ‘‘(b) APPLICABILITY OF REQUIREMENTS.—A grant 

2 received by an eligible nonprofit institution of higher 

3 learning under this section shall be available for the same 

4 purposes, and shall be subject to the same terms and con5 ditions, as a grant made to a nonprofit institution of high6 er learning under section 5506. 

7 ‘‘(c) ELIGIBLE NONPROFIT INSTITUTION OF HIGHER

8 LEARNING DEFINED.—In this section, the term ‘eligible 

9 nonprofit institution of higher learning’ means each of the 

10 lead institutions identified in subsections (j)(4)(A), 

11 (j)(4)(B), and (j)(4)(F) of section 5505 as in effect on 

12 the day before the date of enactment of the Transpor13 tation Equity Act: A Legacy for Users, the university re14 ferred to in section 704 of Public Law 103–206 (107 Stat. 

15 2447), and the university that, as of the day before such 

16 date of enactment, is the lead institution for the regional 

17 university transportation center for region 5 of the Stand18 ard Federal Regional Boundary System. 

19 ‘‘(d) GRANTS.—In each of fiscal years 2004 through 

20 2009, the Secretary shall make a grant under this section 

21 to each eligible nonprofit institution of higher learning in 

22 an amount not to exceed $4,000,000.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 subchapter I of chapter 55 of such title is amended by 
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1 striking the item relating to section 5505 and inserting 

2 the following:

‘‘5505. National university transportation centers.’’.

3 SEC. 5302. UNIVERSITY TRANSPORTATION RESEARCH. 

4 (a) IN GENERAL.—Section 5506 of title 49, United 

5 States Code, is amended to read as follows: 

6 ‘‘§ 5506. University transportation research 

7 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

8 shall make grants under this section to nonprofit institu9 tions of higher learning to establish and operate university 

10 transportation centers. 

11 ‘‘(b) OBJECTIVES.—Grants received under this sec12 tion shall be used by nonprofit institutions of higher learn13 ing to advance significantly the state-of-the-art in trans14 portation research and expand the workforce of transpor15 tation professionals through the following programs and 

16 activities: 

17 ‘‘(1) RESEARCH.—Basic and applied research, 

18 the products of which are judged by peers or other 

19 experts in the field of transportation to advance the 

20 body of knowledge in transportation. 

21 ‘‘(2) EDUCATION.—An education program re22 lating to transportation that includes multidisci23 plinary course work and participation in research. 

24 ‘‘(3) TECHNOLOGY TRANSFER.—An ongoing 

25 program of technology transfer that makes transpor-
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1 tation research results available to potential users in 

2 a form that can be implemented, utilized, or other3 wise applied. 

4 ‘‘(c) REGIONAL, TIER I, AND TIER II CENTERS.—

5 ‘‘(1) IN GENERAL.—For each of fiscal years 

6 2004 through 2009, the Secretary shall make grants 

7 under subsection (a) to nonprofit institutions of 

8 higher learning to establish and operate—

9 ‘‘(A) 10 regional university transportation 

10 centers; 

11 ‘‘(B) 10 Tier I university transportation 

12 centers; and 

13 ‘‘(C) 10 Tier II university transportation 

14 centers. 

15 ‘‘(2) LOCATION OF REGIONAL CENTERS.—One 

16 regional university transportation center shall be lo17 cated in each of the 10 United States Government 

18 regions that comprise the Standard Federal Re19 gional Boundary System. 

20 ‘‘(3) LIMITATION.—A nonprofit institution of 

21 higher learning may not directly receive a grant 

22 under this section for a fiscal year for more than 

23 one university transportation center. 

24 ‘‘(d) COMPETITIVE SELECTION PROCESS.—
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1 ‘‘(1) APPLICATIONS.—In order to be eligible to 

2 receive a grant under this section, a nonprofit insti3 tution of higher learning shall submit to the Sec4 retary an application that is in such form and con5 tains such information as the Secretary may require. 

6 ‘‘(2) GENERAL SELECTION CRITERIA.—Except 

7 as otherwise provided by this section, the Secretary 

8 shall select each recipient of a grant under this sec9 tion through a competitive process on the basis of 

10 the following: 

11 ‘‘(A) The demonstrated research and ex12 tension resources available to the recipient to 

13 carry out this section. 

14 ‘‘(B) The capability of the recipient to pro15 vide leadership in making national and regional 

16 contributions to the solution of immediate and 

17 long-range transportation problems. 

18 ‘‘(C) The recipient’s demonstrated commit19 ment of at least $400,000 each year in regu20 larly budgeted institutional amounts to support 

21 ongoing transportation research and education 

22 programs. 

23 ‘‘(D) The recipient’s demonstrated ability 

24 to disseminate results of transportation re25 search and education programs through a state-
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1 wide or regionwide continuing education pro2 gram. 

3 ‘‘(E) The strategic plan the recipient pro4 poses to carry out under the grant. 

5 ‘‘(e) REGIONAL UNIVERSITY TRANSPORTATION CEN6 TERS.—

7 ‘‘(1) COMPETITION.—Not later than March 31, 

8 2005, and not later than March 31st of every 4th 

9 year thereafter, the Secretary shall complete a com10 petition among nonprofit institutions of higher 

11 learning for grants to establish and operate the 10 

12 regional university transportation centers referred to 

13 in subsection (c)(1)(A). 

14 ‘‘(2) SELECTION CRITERIA.—In conducting a 

15 competition under paragraph (1), the Secretary shall 

16 select a nonprofit institution of higher learning on 

17 the basis of—

18 ‘‘(A) the criteria described in subsection 

19 (d)(2); 

20 ‘‘(B) the location of the center within the 

21 Federal region to be served; and 

22 ‘‘(C) whether or not the institution (or, in 

23 the case of a consortium of institutions, the 

24 lead institution) can demonstrate that it has a 

25 well-established, nationally recognized program 
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1 in transportation research and education, as 

2 evidenced by—

3 ‘‘(i) not less than $2,000,000 in high4 way or public transportation research ex5 penditures per year for each of the pre6 ceding 5 years; 

7 ‘‘(ii) not less than 10 graduate de8 grees awarded in professional fields closely 

9 related to highways and public transpor10 tation per year for each of the preceding 5 

11 years; 

12 ‘‘(iii) not less than 5 tenured or ten13 ure-track faculty members who specialize 

14 on a full-time basis in professional fields 

15 closely related to highways and public 

16 transportation; and 

17 ‘‘(iv) a faculty that has published a 

18 total of at least 50 refereed journal publi19 cations on highway or public transpor20 tation research during the preceding 5 

21 years. 

22 ‘‘(3) GRANT RECIPIENTS.—After selecting a 

23 nonprofit institution of higher learning as a grant 

24 recipient on the basis of a competition conducted 

25 under this subsection, the Secretary shall make a 
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1 grant to the recipient to establish and operate a re2 gional university transportation center in each of the 

3 first 4 fiscal years beginning after the date of the 

4 competition. 

5 ‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004

6 AND 2005.—For each of fiscal years 2004 and 2005, 

7 the Secretary shall make a grant under this section 

8 to each of the 10 nonprofit institutions of higher 

9 learning that were competitively selected for grants 

10 by the Secretary under this section in July 1999 to 

11 operate regional university transportation centers. 

12 ‘‘(5) AMOUNT OF GRANTS.—For each of fiscal 

13 years 2004 through 2009, a grant made by the Sec14 retary to a nonprofit institution of higher learning 

15 for a fiscal year to establish and operate a regional 

16 university transportation center shall not exceed 

17 $4,000,000. 

18 ‘‘(f) TIER I UNIVERSITY TRANSPORTATION CEN19 TERS.—

20 ‘‘(1) COMPETITION.—Not later than March 31, 

21 2006, and not later than March 31st of every 4th 

22 year thereafter, the Secretary shall complete a com23 petition among nonprofit institutions of higher 

24 learning for grants to establish and operate the 10 
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1 Tier I university transportation centers referred to 

2 in subsection (c)(1)(B). 

3 ‘‘(2) SELECTION CRITERIA.—In conducting a 

4 competition under paragraph (1), the Secretary shall 

5 select a nonprofit institution of higher learning on 

6 the basis of—

7 ‘‘(A) the criteria described in subsection 

8 (d)(2); and 

9 ‘‘(B) whether or not the institution (or, in 

10 the case of a consortium of institutions, the 

11 lead institution) can demonstrate that it has an 

12 established, recognized program in transpor13 tation research and education, as evidenced 

14 by—

15 ‘‘(i) not less than $1,000,000 in high16 way or public transportation research ex17 penditures per year for each of the pre18 ceding 5 years; 

19 ‘‘(ii) not less than 5 graduate degrees 

20 awarded in professional fields closely re21 lated to highways and public transpor22 tation per year for each of the preceding 5 

23 years; 

24 ‘‘(iii) not less than 3 tenured or ten25 ure-track faculty members who specialize 
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1 on a full-time basis in professional fields 

2 closely related to highways and public 

3 transportation; and 

4 ‘‘(iv) a faculty that has published a 

5 total of at least 20 refereed journal publi6 cations on highway or public transpor7 tation research during the preceding 5 

8 years. 

9 ‘‘(3) GRANT RECIPIENTS.—After selecting a 

10 nonprofit institution of higher learning as a grant 

11 recipient on the basis of a competition conducted 

12 under this subsection, the Secretary shall make a 

13 grant to the recipient to establish and operate a Tier 

14 I university transportation center in each of the first 

15 4 fiscal years beginning after the date of the com16 petition. 

17 ‘‘(4) SPECIAL RULE FOR FISCAL YEARS 2004, 

18 2005, AND 2006.—For each of fiscal years 2004, 

19 2005, and 2006, the Secretary shall make a grant 

20 under this section to each of the 10 nonprofit insti21 tutions of higher learning that were competitively se22 lected for grant awards by the Secretary under this 

23 section in May 2002 to operate university transpor24 tation centers (other than regional centers). 
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1 ‘‘(5) AMOUNT OF GRANTS.—For each of fiscal 

2 years 2004 through 2009, a grant made by the Sec3 retary to a nonprofit institution of higher learning 

4 for a fiscal year to establish and operate a Tier I 

5 university transportation center shall not exceed 

6 $2,000,000. 

7 ‘‘(g) TIER II UNIVERSITY TRANSPORTATION CEN8 TERS.—

9 ‘‘(1) COMPETITION.—Not later than August 31, 

10 2004, not later than March 31, 2008, and not later 

11 than March 31st of every 4th year thereafter, the 

12 Secretary shall complete a competition among non13 profit institutions of higher learning for grants to 

14 establish and operate the 10 Tier II university 

15 transportation centers referred to in subsection 

16 (c)(1)(C). 

17 ‘‘(2) SELECTION CRITERIA.—In conducting a 

18 competition under paragraph (1), the Secretary shall 

19 select a nonprofit institution of higher learning on 

20 the basis of the criteria described in subsection 

21 (f)(2). 

22 ‘‘(3) GRANT RECIPIENTS.—After selecting a 

23 nonprofit institution of higher learning as a grant 

24 recipient on the basis of a competition conducted 

25 under this subsection, the Secretary shall—
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1 ‘‘(A) in the case of the competition to be 

2 completed not later than August 31, 2004, 

3 make a grant to the recipient to establish and 

4 operate a Tier II university transportation cen5 ter in each of fiscal years 2004 through 2008; 

6 and 

7 ‘‘(B) in the case of each subsequent com8 petition, make a grant to the recipient to estab9 lish and operate a Tier II university transpor10 tation center in each of the first 4 fiscal years 

11 beginning after the date of the competition. 

12 ‘‘(4) AMOUNT OF GRANTS.—For each of fiscal 

13 years 2004 through 2009, a grant made by the Sec14 retary to a nonprofit institution of higher learning 

15 for a fiscal year to establish and operate a Tier II 

16 university transportation center shall not exceed 

17 $1,000,000. 

18 ‘‘(h) SUPPORT OF NATIONAL STRATEGY FOR SUR19 FACE TRANSPORTATION RESEARCH.—In order to be eligi20 ble to receive a grant under this section, a nonprofit insti21 tution of higher learning shall provide assurances satisfac22 tory to the Secretary that the research and education ac23 tivities of its university transportation center will support 

24 the national strategy for surface transportation research, 

25 as identified by—
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1 ‘‘(1) the report of the National Highway Re2 search and Technology Partnership entitled ‘High3 way Research and Technology: The Need for Great4 er Investment’, dated April 2002; and 

5 ‘‘(2) the programs of the National Research 

6 and Technology Program of the Federal Transit Ad7 ministration. 

8 ‘‘(i) MAINTENANCE OF EFFORT.—In order to be eli9 gible to receive a grant under this section, a nonprofit in10 stitution of higher learning shall enter into an agreement 

11 with the Secretary to ensure that the institution will main12 tain total expenditures from all other sources to establish 

13 and operate a university transportation center and related 

14 research activities at a level at least equal to the average 

15 level of such expenditures in its 2 fiscal years prior to 

16 award of a grant under this section. 

17 ‘‘(j) FEDERAL SHARE.—The Federal share of the 

18 costs of activities carried out using a grant made under 

19 this section shall be 50 percent of such costs. The non20 Federal share may include funds provided to a recipient 

21 under section 503, 504(b), or 505 of title 23. 

22 ‘‘(k) PROGRAM COORDINATION.—

23 ‘‘(1) COORDINATION.—The Secretary shall co24 ordinate the research, education, and technology 

25 transfer activities that grant recipients carry out 
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1 under this section, disseminate the results of the re2 search, and establish and operate a clearinghouse to 

3 disseminate the results of the research. 

4 ‘‘(2) ANNUAL REVIEW AND EVALUATION.—At 

5 least annually, and consistent with the plan devel6 oped under section 508 of title 23, the Secretary 

7 shall review and evaluate programs of grant recipi8 ents. 

9 ‘‘(3) MANAGEMENT AND OVERSIGHT.—The Sec10 retary shall expend $2,000,000 per fiscal year from 

11 amounts made available to carry out this section to 

12 carry out management and oversight of the centers 

13 receiving assistance under this section. 

14 ‘‘(l) PROGRAM ADMINISTRATION.—The Secretary 

15 shall carry out this section acting through the Adminis16 trator of the Research and Special Programs Administra17 tion. 

18 ‘‘(m) LIMITATION ON AVAILABILITY OF FUNDS.—

19 Funds made available to carry out this section shall re20 main available for obligation by the Secretary for a period 

21 of 2 years after the last day of the fiscal year for which 

22 such funds are authorized.’’. 

23 (b) CONFORMING AMENDMENT.—The analysis for 

24 subchapter I of chapter 55 of such title is amended by 
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1 striking the item relating to section 5506 and inserting 

2 the following:

‘‘5506. University transportation research.’’.

3 SEC. 5303. TRANSPORTATION SCHOLARSHIP OPPORTUNI4 TIES PROGRAM. 

5 (a) IN GENERAL.—

6 (1) ESTABLISHMENT OF PROGRAM.—The Sec7 retary may establish and implement a scholarship 

8 program for the purpose of attracting qualified stu9 dents for transportation-related critical jobs. 

10 (2) PARTNERSHIP.—The Secretary may estab11 lish the program in partnership with appropriate 

12 nongovernmental institutions. 

13 (b) PARTICIPATION AND FUNDING.—An operating 

14 administration of the Department of Transportation and 

15 the Office of Inspector General may participate in the 

16 scholarship program. Notwithstanding any other provision 

17 of law, the Secretary may use funds available to an oper18 ating administration or from the Office of Inspector Gen19 eral of the Department of Transportation for the purpose 

20 of carrying out this section. 
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1 Subtitle D—Advanced Technologies 

2 SEC. 5401. ADVANCED HEAVY-DUTY VEHICLE TECH3 NOLOGIES RESEARCH PROGRAM. 

4 (a) IN GENERAL.—Subchapter I of chapter 55 of title 

5 49, United States Code, is amended by adding at the end 

6 the following:

7 ‘‘§ 5507. Advanced heavy-duty vehicle technologies 

8 research program 

9 ‘‘(a) IN GENERAL.—The Secretary of Transportation 

10 shall conduct research, development, demonstration, and 

11 testing to integrate emerging advanced heavy-duty vehicle 

12 technologies in order to provide seamless, safe, secure, and 

13 efficient transportation and to benefit the environment. 

14 ‘‘(b) CONSULTATION.—To ensure the activities per15 formed pursuant to this section achieve the maximum ben16 efit, the Secretary of Transportation shall consult with the 

17 Secretary of Energy, the Administrator of the Environ18 mental Protection Agency, and other relevant Federal 

19 agencies on research, development, and demonstration ac20 tivities authorized under this section related to advanced 

21 heavy-duty vehicle technologies. 

22 ‘‘(c) GRANTS, COOPERATIVE AGREEMENTS, AND

23 OTHER TRANSACTIONS.—The Secretary may make grants 

24 to, and enter into cooperative agreements and other trans25 actions with, Federal and other public agencies (including 
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1 State and local governments) and persons to carry out 

2 subsection (a). 

3 ‘‘(d) COST SHARING.—At least 50 percent of the 

4 funding for projects carried out under this section must 

5 be provided by non-Federal sources. 

6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated from the Highway Trust 

8 Fund (other than the Mass Transit Account) to carry out 

9 subsection (a) $8,000,000 for fiscal year 2005, 

10 $8,000,000 for fiscal year 2006, $8,000,000 for fiscal year 

11 2007, $6,000,000 for fiscal year 2008, and $4,000,000 

12 for fiscal year 2009. 

13 ‘‘(f) CONTRACT AUTHORITY.—The funds authorized 

14 to be appropriated by subsection (e) shall be available for 

15 obligation in the same manner as if such funds were ap16 portioned under chapter 1 of title 23 and shall be subject 

17 to any limitation on obligations imposed on funds made 

18 available to carry out title V of the Transportation Equity 

19 Act: A Legacy for Users.’’. 

20 (b) CONFORMING AMENDMENT.—The analysis for 

21 subchapter I of chapter 55 of such title is amended by 

22 adding at the end the following:

‘‘5507. Advanced heavy-duty vehicle technologies research program.’’.
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1 SEC. 5402. COMMERCIAL REMOTE SENSING PRODUCTS AND 

2 SPATIAL INFORMATION TECHNOLOGIES. 

3 (a) IN GENERAL.—The Secretary shall establish and 

4 carry out a program to validate commercial remote sens5 ing products and spatial information technologies for ap6 plication to national transportation infrastructure develop7 ment and construction. 

8 (b) PROGRAM.—

9 (1) NATIONAL POLICY.—The Secretary shall es10 tablish and maintain a national policy for the use of 

11 commercial remote sensing products and spatial in12 formation technologies in national transportation in13 frastructure development and construction. 

14 (2) POLICY IMPLEMENTATION.—The Secretary 

15 shall develop new applications of commercial remote 

16 sensing products and spatial information tech17 nologies for the implementation of the national pol18 icy established and maintained under paragraph (1). 

19 (c) COOPERATION.—The Secretary shall carry out 

20 this section in cooperation with the commercial remote 

21 sensing program of the National Aeronautics and Space 

22 Administration and a consortium of university research 

23 centers. 

24 (d) FUNDING.—Of the amounts made available by 

25 section 5101(a)(1) of this Act, $12,000,000 for each of 
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1 fiscal years 2004 through 2009 shall be available to carry 

2 out this section. 

3 Subtitle E—Transportation Data 

4 and Analysis 

5 SEC. 5501. BUREAU OF TRANSPORTATION STATISTICS. 

6 Section 111 of title 49, United States Code, is 

7 amended by striking subsections (b) through (k) and in8 serting the following: 

9 ‘‘(b) DIRECTOR.—

10 ‘‘(1) IN GENERAL.—The Bureau shall be head11 ed by a Director who shall be appointed by the 

12 President, by and with the advice and consent of the 

13 Senate. 

14 ‘‘(2) APPOINTMENT.—The Director shall be ap15 pointed from among individuals who are qualified to 

16 serve as the Director by virtue of their training and 

17 experience in the collection, analysis and use of 

18 transportation data. 

19 ‘‘(3) REPORTING TO SECRETARY.—The Direc20 tor shall report directly to the Secretary of Trans21 portation. 

22 ‘‘(4) TERM.—The term of the Director shall be 

23 4 years. The Director may continue to serve after 

24 the expiration of the term until a successor is ap25 pointed and confirmed. 
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1 ‘‘(c) RESPONSIBILITIES.—The Director of the Bu2 reau shall serve as the Secretary’s senior advisor on data 

3 and statistics and be responsible for carrying out the fol4 lowing duties: 

5 ‘‘(1) Collecting, analyzing, and disseminating 

6 data concerning the domestic and international 

7 movement of freight. 

8 ‘‘(2) Collecting, analyzing, and disseminating 

9 data concerning travel patterns for local and long10 distance travel, at the local, State, national, and 

11 international levels. 

12 ‘‘(3) Developing, analyzing, and disseminating 

13 information on the economics of transportation. 

14 ‘‘(4) Building and disseminating the transpor15 tation layer of the National Spatial Data Infrastruc16 ture, including coordinating the development of 

17 transportation geospatial data standards, compiling 

18 intermodal geospatial data, and collecting geospatial 

19 data that is not being collected by others. 

20 ‘‘(5) Developing, publishing, and disseminating 

21 a comprehensive set of measures of investment, use, 

22 costs, performance, and impacts of the national 

23 transportation system, including publishing an an24 nual transportation statistics abstract. 
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1 ‘‘(6) Identifying information needs of the De2 partment and reviewing such needs at least annually 

3 with the Advisory Council on Transportation Statis4 tics of the Bureau. 

5 ‘‘(7) Conducting or supporting research relating 

6 to methods of gathering or analyzing transportation 

7 statistics and issuing guidelines for the collection of 

8 information by the Department in order to ensure 

9 that such information is accurate, relevant, com10 parable, accessible, and in a form that permits sys11 tematic analysis. 

12 ‘‘(d) COORDINATING COLLECTION OF INFORMA13 TION.—The Director shall work with the operating admin14 istrations of the Department to establish and implement 

15 the Bureau’s data programs and to improve the coordina16 tion of information collection efforts with other Federal 

17 agencies. 

18 ‘‘(e) SUPPORTING TRANSPORTATION DECISION19 MAKING.—The Director shall ensure that the statistics 

20 compiled under this section are relevant for transportation 

21 policy, planning, and decisionmaking by the Federal Gov22 ernment, State and local governments, transportation-re23 lated associations, private businesses, and the public. The 

24 Director shall provide to the Department’s other operating 

25 administrations technical assistance on collecting, com-
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1 piling, analyzing, and verifying transportation data and 

2 statistics and the design of surveys. 

3 ‘‘(f) NATIONAL TRANSPORTATION LIBRARY.—

4 ‘‘(1) IN GENERAL.—The Director shall establish 

5 and maintain a National Transportation Library. 

6 The Library shall contain a collection of statistical 

7 and other information needed for transportation de8 cisionmaking at the Federal, State, and local levels. 

9 ‘‘(2) ACCESS.—The Director shall facilitate and 

10 promote access to the Library, with the goal of im11 proving the ability of the transportation community 

12 to share information and the ability of the Director 

13 to disseminate information under subsection (c). 

14 ‘‘(3) COORDINATION.—The Director shall work 

15 with other transportation libraries and other trans16 portation information providers, both public and pri17 vate, to achieve the goal specified in paragraph (2). 

18 ‘‘(4) TRANSPORTATION RESEARCH INFORMA19 TION SERVICE.—The Director shall provide the full 

20 financial support for the web-based version of the 

21 Transportation Research Information Service. 

22 ‘‘(g) RESEARCH AND DEVELOPMENT GRANTS.—

23 ‘‘(1) IN GENERAL.—The Secretary may make 

24 grants to, or enter into cooperative agreements or 

25 contracts with, public and nonprofit private entities 
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1 (including State transportation departments, metro2 politan planning organizations, and institutions of 

3 higher education) if each of the grants, agreements, 

4 and contracts—

5 ‘‘(A) provide for an alternative means of 

6 accomplishing program-related research of the 

7 Department; 

8 ‘‘(B) contribute to research and develop9 ment of new methods of transportation data 

10 collection; or 

11 ‘‘(C) improve the methods for sharing geo12 graphic transportation data. 

13 ‘‘(2) FUNDING LIMIT.—Not more than 

14 $500,000 of the amounts made available to carry 

15 out this section in a fiscal year may be used for re16 search and development grants under this sub17 section. 

18 ‘‘(h) TRANSPORTATION STATISTICS ANNUAL RE19 PORT.—By March 31 of each year, the Director shall 

20 transmit to the President and Congress a report that in21 cludes information on the subjects described in subsection 

22 (c), documentation of the methods used to obtain the in23 formation and ensure the quality of the statistics pre24 sented in the report, and recommendations for improving 

25 transportation statistical information. 
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1 ‘‘(i) PROCEEDS OF DATA PRODUCT SALES.—Not2 withstanding section 3302 of title 31, funds received by 

3 the Bureau from the sale of data products, for necessary 

4 expenses incurred, may be credited to the Highway Trust 

5 Fund (other than the Mass Transit Account) for the pur6 pose of reimbursing the Bureau for the expenses. 

7 ‘‘(j) LIMITATIONS ON STATUTORY CONSTRUCTION.—

8 Nothing in this section shall be construed to—

9 ‘‘(1) authorize the Bureau to require any other 

10 department or agency to collect data; or 

11 ‘‘(2) reduce the authority of any other officer of 

12 the Department of Transportation to collect and dis13 seminate data independently. 

14 ‘‘(k) MANDATORY RESPONSE AUTHORITY FOR

15 FREIGHT DATA COLLECTION.—Whoever, being the 

16 owner, official, agent, person in charge, or assistant to the 

17 person in charge of any corporation, company, business, 

18 institution, establishment, or organization of any nature 

19 whatsoever, neglects or refuses, when requested by the Di20 rector or other authorized officer, employee, or contractor 

21 of the Bureau, to answer completely and correctly to the 

22 best of his or her knowledge all questions relating to the 

23 corporation, company, business, institution, establishment, 

24 or other organization, or to make available records or sta25 tistics in his or her official custody, contained in a data 
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1 collection request prepared and submitted under the au2 thority of subsection (c)(1), shall be fined not more than 

3 $500; but if he or she willfully gives a false answer to 

4 such a question, he or she shall be fined not more than 

5 $10,000. 

6 ‘‘(l) PROHIBITION ON CERTAIN DISCLOSURES.—

7 ‘‘(1) IN GENERAL.—An officer, employee or 

8 contractor of the Bureau may not—

9 ‘‘(A) make any disclosure in which the 

10 data provided by an individual or organization 

11 under subsection (c) can be identified; 

12 ‘‘(B) use the information provided under 

13 subsection (c) for a nonstatistical purpose; or 

14 ‘‘(C) permit anyone other than an indi15 vidual authorized by the Director to examine 

16 any individual report provided under subsection 

17 (c). 

18 ‘‘(2) COPIES OF REPORTS.—

19 ‘‘(A) IN GENERAL.—No department, bu20 reau, agency, officer, or employee of the United 

21 States (except the Director in carrying out this 

22 section) may require, for any reason, a copy of 

23 any report that has been filed under subsection 

24 (c) with the Bureau or retained by an indi25 vidual respondent. 
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1 ‘‘(B) LIMITATION ON JUDICIAL PRO2 CEEDINGS.—A copy of a report described in 

3 subparagraph (A) that has been retained by an 

4 individual respondent or filed with the Bureau 

5 or any of its employees, contractors, or 

6 agents—

7 ‘‘(i) shall be immune from legal proc8 ess; and 

9 ‘‘(ii) shall not, without the consent of 

10 the individual concerned, be admitted as 

11 evidence or used for any purpose in any 

12 action, suit, or other judicial or adminis13 trative proceeding. 

14 ‘‘(C) APPLICABILITY.—This paragraph 

15 shall apply only to reports that permit informa16 tion concerning an individual or organization to 

17 be reasonably determined by direct or indirect 

18 means. 

19 ‘‘(3) INFORMING RESPONDENT OF USE OF

20 DATA.—In a case in which the Bureau is authorized 

21 by statute to collect data or information for a non22 statistical purpose, the Director shall clearly distin23 guish the collection of the data or information, by 

24 rule and on the collection instrument, so as to in25 form a respondent that is requested or required to 
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1 supply the data or information of the nonstatistical 

2 purpose. 

3 ‘‘(m) DATA ACCESS.—The Director shall have access 

4 to transportation and transportation-related information 

5 in the possession of any Federal agency except informa6 tion—

7 ‘‘(1) the disclosure of which to another Federal 

8 agency is expressly prohibited by law; or 

9 ‘‘(2) the disclosure of which the agency so re10 quested determines would significantly impair the 

11 discharge of authorities and responsibilities which 

12 have been delegated to, or vested by law, in such 

13 agency. 

14 ‘‘(n) ADVISORY COUNCIL ON TRANSPORTATION STA15 TISTICS.—

16 ‘‘(1) ESTABLISHMENT.—There is established in 

17 the Bureau an Advisory Council on Transportation 

18 Statistics. 

19 ‘‘(2) FUNCTION.—It shall be the function of the 

20 Advisory Council to advise the Director of the Bu21 reau on transportation statistics and analyses, in22 cluding whether or not the statistics and analysis 

23 disseminated by the Bureau are of high quality and 

24 are based upon the best available objective informa25 tion. 
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1 ‘‘(3) MEMBERSHIP.—The Advisory Council 

2 shall be composed of not more than 6 members ap3 pointed by the Director who are not officers or em4 ployees of the United States. Each member shall 

5 have expertise in transportation data collection or 

6 analysis or application; except that 1 member shall 

7 have expertise in economics and 1 member shall 

8 have expertise in statistics. At least 1 member shall 

9 be a senior official of a State department of trans10 portation. 

11 ‘‘(4) APPLICABILITY OF FEDERAL ADVISORY

12 COMMITTEE ACT.—The Federal Advisory Committee 

13 Act (5 App. U.S.C.) shall apply to the advisory 

14 council established under this section, except that 

15 section 14 of such Act shall not apply to the Advi16 sory Council.’’. 

17 Subtitle F—Intelligent 

18 Transportation Systems Research 

19 SEC. 5601. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Intelligent Trans21 portation Systems Act of 2004’’. 

22 SEC. 5602. GOALS AND PURPOSES. 

23 (a) GOALS.—The goals of the intelligent transpor24 tation system program include—
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1 (1) enhancement of surface transportation effi2 ciency and facilitation of intermodalism and inter3 national trade to enable existing facilities to meet a 

4 significant portion of future transportation needs, 

5 including public access to employment, goods, and 

6 services and to reduce regulatory, financial, and 

7 other transaction costs to public agencies and sys8 tem users; 

9 (2) achievement of national transportation safe10 ty goals, including the enhancement of safe oper11 ation of motor vehicles and nonmotorized vehicles as 

12 well as improved emergency response to a crash, 

13 with particular emphasis on decreasing the number 

14 and severity of collisions;

15 (3) protection and enhancement of the natural 

16 environment and communities affected by surface 

17 transportation, with particular emphasis on assisting 

18 State and local governments to achieve national en19 vironmental goals; 

20 (4) accommodation of the needs of all users of 

21 surface transportation systems, including operators 

22 of commercial motor vehicles, passenger motor vehi23 cles, motorcycles, and bicycles and pedestrians, in24 cluding individuals with disabilities; and 
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1 (5) improvement of the Nation’s ability to re2 spond to security-related or other manmade emer3 gencies and natural disasters and enhancement of 

4 national defense mobility. 

5 (b) PURPOSES.—The Secretary shall implement ac6 tivities under the intelligent system transportation pro7 gram to, at a minimum—

8 (1) expedite, in both metropolitan and rural 

9 areas, deployment and integration of intelligent 

10 transportation systems for consumers of passenger 

11 and freight transportation; 

12 (2) ensure that Federal, State, and local trans13 portation officials have adequate knowledge of intel14 ligent transportation systems for full consideration 

15 in the transportation planning process; 

16 (3) improve regional cooperation and operations 

17 planning for effective intelligent transportation sys18 tem deployment; 

19 (4) promote the innovative use of private re20 sources; 

21 (5) facilitate, in cooperation with the motor ve22 hicle industry, the introduction of a vehicle-based 

23 safety enhancing systems; 
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1 (6) support the application of intelligent trans2 portation systems that increase the safety and effi3 ciency of commercial motor vehicle operations; 

4 (7) develop a workforce capable of developing, 

5 operating, and maintaining intelligent transportation 

6 systems; and 

7 (8) provide continuing support for operations 

8 and maintenance of intelligent transportation sys9 tems. 

10 SEC. 5603. GENERAL AUTHORITIES AND REQUIREMENTS. 

11 (a) SCOPE.—Subject to the provisions of this subtitle, 

12 the Secretary shall conduct an ongoing intelligent trans13 portation system program to research, develop, and oper14 ationally test intelligent transportation systems and ad15 vance nationwide deployment of such systems as a compo16 nent of the surface transportation systems of the United 

17 States. 

18 (b) POLICY.—Intelligent transportation system re19 search projects and operational tests funded pursuant to 

20 this subtitle shall encourage and not displace public-pri21 vate partnerships or private sector investment in such 

22 tests and projects. 

23 (c) COOPERATION WITH GOVERNMENTAL, PRIVATE, 

24 AND EDUCATIONAL ENTITIES.—The Secretary shall carry 

25 out the intelligent transportation system program in co-
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1 operation with State and local governments and other pub2 lic entities, the private sector of the United States, the 

3 Federal laboratories, and colleges and universities, includ4 ing historically Black colleges and universities and other 

5 minority institutions of higher education. 

6 (d) CONSULTATION WITH FEDERAL OFFICIALS.—In 

7 carrying out the intelligent transportation system pro8 gram, the Secretary shall consult with the heads of other 

9 Federal departments and agencies, as appropriate. 

10 (e) TECHNICAL ASSISTANCE, TRAINING, AND INFOR11 MATION.—The Secretary may provide technical assistance, 

12 training, and information to State and local governments 

13 seeking to implement, operate, maintain, or evaluate intel14 ligent transportation system technologies and services. 

15 (f) TRANSPORTATION PLANNING.—The Secretary 

16 may provide funding to support adequate consideration of 

17 transportation systems management and operations, in18 cluding intelligent transportation systems, within metro19 politan and statewide transportation planning processes. 

20 (g) INFORMATION CLEARINGHOUSE.—

21 (1) IN GENERAL.—The Secretary shall—

22 (A) maintain a repository for technical and 

23 safety data collected as a result of federally 

24 sponsored projects carried out under this sub-
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1 title (including the amendments made by this 

2 subtitle); and 

3 (B) make, on request, that information 

4 (except for proprietary information and data) 

5 readily available to all users of the repository at 

6 an appropriate cost. 

7 (2) AGREEMENT.—

8 (A) IN GENERAL.—The Secretary may 

9 enter into an agreement with a third party for 

10 the maintenance of the repository for technical 

11 and safety data under paragraph (1)(A). 

12 (B) FEDERAL FINANCIAL ASSISTANCE.—If 

13 the Secretary enters into an agreement with an 

14 entity for the maintenance of the repository, the 

15 entity shall be eligible for Federal financial as16 sistance under this section. 

17 (3) AVAILABILITY OF INFORMATION.—Informa18 tion in the repository shall not be subject to section 

19 555 of title 5, United States Code. 

20 (h) ADVISORY COMMITTEES.—In carrying out this 

21 subtitle, the Secretary may use one or more advisory com22 mittees that are subject to the Federal Advisory Com23 mittee Act (5 U.S.C. App.). 

24 (i) REPORTING.—

25 (1) GUIDELINES AND REQUIREMENTS.—
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1 (A) IN GENERAL.—The Secretary shall 

2 issue guidelines and requirements for the re3 porting and evaluation of operational tests and 

4 deployment projects carried out under this sub5 title. 

6 (B) OBJECTIVITY AND INDEPENDENCE.—

7 The guidelines and requirements issued under 

8 subparagraph (A) shall include provisions to en9 sure the objectivity and independence of the re10 porting entity so as to avoid any real or appar11 ent conflict of interest or potential influence on 

12 the outcome by parties to any such test or de13 ployment project or by any other formal evalua14 tion carried out under this subtitle. 

15 (C) FUNDING.—The guidelines and re16 quirements issued under subparagraph (A) shall 

17 establish reporting funding levels based on the 

18 size and scope of each test or project that en19 sure adequate reporting of the results of the 

20 test or project.

21 (2) SPECIAL RULE.—Any survey, questionnaire, 

22 or interview that the Secretary considers necessary 

23 to carry out the reporting of any test, deployment 

24 project, or program assessment activity under this 

25 subtitle shall not be subject to chapter 35 of title 44. 
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1 SEC. 5604. NATIONAL ARCHITECTURE AND STANDARDS. 

2 (a) IN GENERAL.—

3 (1) DEVELOPMENT, IMPLEMENTATION, AND

4 MAINTENANCE.—Consistent with section 12(d) of 

5 the National Technology Transfer and Advancement 

6 Act of 1995 (15 U.S.C. 272 note; 110 Stat. 783), 

7 the Secretary shall develop, implement, and maintain 

8 a national architecture and supporting standards 

9 and protocols to promote the widespread use and 

10 evaluation of intelligent transportation system tech11 nology as a component of the surface transportation 

12 systems of the United States. 

13 (2) INTEROPERABILITY AND EFFICIENCY.—To 

14 the maximum extent practicable, the national archi15 tecture shall promote interoperability among, and ef16 ficiency of, intelligent transportation system tech17 nologies implemented throughout the United States. 

18 (3) USE OF STANDARDS DEVELOPMENT ORGA19 NIZATIONS.—In carrying out this section, the Sec20 retary shall use the services of such standards devel21 opment organizations as the Secretary determines to 

22 be appropriate. 

23 (4) USE OF EXPERT PANEL.—

24 (A) DESIGNATION.—The Secretary shall 

25 designate a panel of experts to recommend ways 

26 to expedite and streamline the process for de-
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1 veloping the standards and protocols to be de2 veloped pursuant to paragraph (1). 

3 (B) NONAPPLICABILITY OF ADVISORY COM4 MITTEE ACT.—The expert panel shall not be 

5 subject to the Federal Advisory Committee Act 

6 (5 U.S.C. App.). 

7 (C) DEADLINE FOR RECOMMENDATION.—

8 No later than September 30, 2005, the expert 

9 panel shall provide the Secretary with a rec10 ommendation relating to such standards devel11 opment. 

12 (b) PROVISIONAL STANDARDS.—

13 (1) IN GENERAL.—If the Secretary finds that 

14 the development or balloting of an intelligent trans15 portation system standard jeopardizes the timely 

16 achievement of the objectives identified in subsection 

17 (a), the Secretary may establish a provisional stand18 ard, after consultation with affected parties, using, 

19 to the extent practicable, the work product of appro20 priate standards development organizations. 

21 (2) PERIOD OF EFFECTIVENESS.—A provisional 

22 standard established under paragraph (1) shall be 

23 published in the Federal Register and remain in ef24 fect until the appropriate standards development or25 ganization adopts and publishes a standard. 
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1 (c) CONFORMITY WITH NATIONAL ARCHITEC2 TURE.—

3 (1) IN GENERAL.—Except as provided in para4 graphs (2) and (3), the Secretary shall ensure that 

5 intelligent transportation system projects carried out 

6 using funds made available from the Highway Trust 

7 Fund, including funds made available under this 

8 subtitle to deploy intelligent transportation system 

9 technologies, conform to the national architecture, 

10 applicable standards or provisional standards, and 

11 protocols developed under subsection (a). 

12 (2) SECRETARY’S DISCRETION.—The Secretary 

13 may authorize exceptions to paragraph (1) for—

14 (A) projects designed to achieve specific re15 search objectives outlined in the national intel16 ligent transportation system program plan or 

17 the surface transportation research and devel18 opment strategic plan developed under section 

19 508 of title 23, United States Code; or 

20 (B) the upgrade or expansion of an intel21 ligent transportation system in existence on the 

22 date of enactment of this Act if the Secretary 

23 determines that the upgrade or expansion—

24 (i) would not adversely affect the 

25 goals or purposes of this subtitle; 
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1 (ii) is carried out before the end of 

2 the useful life of such system; and 

3 (iii) is cost-effective as compared to 

4 alternatives that would meet the con5 formity requirement of paragraph (1). 

6 (3) EXCEPTIONS.—Paragraph (1) shall not 

7 apply to funds used for operation or maintenance of 

8 an intelligent transportation system in existence on 

9 the date of enactment of this Act. 

10 SEC. 5605. RESEARCH AND DEVELOPMENT. 

11 (a) IN GENERAL.—The Secretary shall carry out a 

12 comprehensive program of intelligent transportation sys13 tem research, development, and operational tests of intel14 ligent vehicles and intelligent infrastructure systems and 

15 other similar activities that are necessary to carry out this 

16 subtitle. 

17 (b) PRIORITY AREAS.—Under the program, the Sec18 retary shall give higher priority to funding projects that—

19 (1) enhance mobility and productivity through 

20 improved traffic management, incident management, 

21 transit management, freight management, road 

22 weather management, toll collection, traveler infor23 mation, or highway operations systems and remote 

24 sensing products; 
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1 (2) enhance safety through improved crash 

2 avoidance and protection, crash and other notifica3 tion, commercial motor vehicle operations, and infra4 structure-based or cooperative safety systems; and 

5 (3) facilitate the integration of intelligent infra6 structure, vehicle, and control technologies. 

7 (c) FEDERAL SHARE.—The Federal share of the cost 

8 of operational tests and demonstrations under subsection 

9 (a) shall not exceed 80 percent. 

10 SEC. 5606. INFRASTRUCTURE DEVELOPMENT. 

11 Funds made available to carry out this subtitle for 

12 operational tests—

13 (1) shall be used primarily for the development 

14 of intelligent transportation system infrastructure; 

15 and 

16 (2) to the maximum extent practicable, shall 

17 not be used for the construction of physical highway 

18 and transit infrastructure unless the construction is 

19 incidental and critically necessary to the implemen20 tation of an intelligent transportation system 

21 project. 

22 SEC. 5607. DEFINITIONS. 

23 In this subtitle, the following definitions apply: 

24 (1) INCIDENT.—The term ‘‘incident’’ means a 

25 crash, a natural disaster, workzone activity, special 
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1 event, or other emergency road user occurrence that 

2 adversely affects or impedes the normal flow of traf3 fic. 

4 (2) INTELLIGENT TRANSPORTATION INFRA5 STRUCTURE.—The term ‘‘intelligent transportation 

6 infrastructure’’ means fully integrated public sector 

7 intelligent transportation system components, as de8 fined by the Secretary. 

9 (3) INTELLIGENT TRANSPORTATION SYSTEM.—

10 The term ‘‘intelligent transportation system’’ means 

11 electronics, communications, or information proc12 essing used singly or in combination to improve the 

13 efficiency or safety of a surface transportation sys14 tem. 

15 (4) NATIONAL ARCHITECTURE.—The term ‘‘na16 tional architecture’’ means the common framework 

17 for interoperability that defines—

18 (A) the functions associated with intel19 ligent transportation system user services; 

20 (B) the physical entities or subsystems 

21 within which the functions reside; 

22 (C) the data interfaces and information 

23 flows between physical subsystems; and 

24 (D) the communications requirements as25 sociated with the information flows. 
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1 (5) PROJECT.—The term ‘‘project’’ means a 

2 undertaking to research, develop, or operationally 

3 test intelligent transportation systems or any other 

4 undertaking eligible for assistance under this sub5 title. 

6 (6) STANDARD.—The term ‘‘standard’’ means a 

7 document that—

8 (A) contains technical specifications or 

9 other precise criteria for intelligent transpor10 tation systems that are to be used consistently 

11 as rules, guidelines, or definitions of character12 istics so as to ensure that materials, products, 

13 processes, and services are fit for their pur14 poses; and 

15 (B) may support the national architecture 

16 and promote—

17 (i) the widespread use and adoption of 

18 intelligent transportation system tech19 nology as a component of the surface 

20 transportation systems of the United 

21 States; and 

22 (ii) interoperability among intelligent 

23 transportation system technologies imple24 mented throughout the States. 
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1 (7) STATE.—The term ‘‘State’’ has the mean2 ing given the term under section 101 of title 23, 

3 United States Code. 

4 (8) TRANSPORTATION SYSTEMS MANAGEMENT

5 AND OPERATIONS.—The term ‘‘transportation sys6 tems management and operations’’ has the meaning 

7 given the term under section 101(a) of such title. 

8 SEC. 5608. REPEAL. 

9 Subtitle C of title V of The Transportation Equity 

10 Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 

11 452–463) is repealed.

12 TITLE VI—PLANNING AND 

13 PROJECT DELIVERY 

14 This title will add to subtitle III of title 49, United 

15 States Code, a new chapter 52 relating to transportation 

16 planning. The chapter will incorporate Federal Highway 

17 Administration and Federal Transit Administration plan18 ning provisions from sections 134 and 135 of title 23 of 

19 the Code and sections 5303–5305 of title 49 of the Code 

20 in order to create a single set of requirements for highway 

21 and public transportation planning. [Reserved.]

22 TITLE VII—HAZARDOUS 

23 MATERIALS TRANSPORTATION 

24 This title will reauthorize the hazardous materials 

25 transportation program under chapter 5 of title 49, 
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1 United States Code, managed by the Research and Special 

2 Programs Administration of the Department of Transpor3 tation. [Reserved.]

4 TITLE VIII—TRANSPORTATION 

5 DISCRETIONARY SPENDING 

6 GUARANTEE 

7 The guaranteed funding levels provided under this 

8 Act are dependent on identifying additional budgetary re9 sources. This title will continue sections 8101 and 8103 

10 of the Transportation Equity Act for the 21st Century 

11 that guarantee that specific levels of authorized funding 

12 will be available for obligation each year by continuing the 

13 highway category budgetary firewall, which protects the 

14 Federal-aid highway program’s obligation limitation, the 

15 programs of the Federal Motor Carrier Safety Administra16 tion, and the portion of the National Highway Traffic 

17 Safety Administration’s programs funded from the High18 way Trust Fund, and the mass transit category budgetary 

19 firewall, which protects the portion of the Federal Transit 

20 Administration programs funded from the Mass Transit 

21 Account of the Highway Trust Fund and the portion of 

22 such programs funded from the general fund of the Treas23 ury.

Æ