I 

108TH CONGRESS 

2D SESSION H. R. 3994

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

transit programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2004

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

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. 
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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. 

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. 
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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. 

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. 
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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. 

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. 
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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. 

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.
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1 TITLE I—FEDERAL-AID 

2 HIGHWAYS 

3 Subtitle A—Authorization of 

4 Programs 

5 SEC. 1101. AUTHORIZATIONS OF APPROPRIATIONS. 

6 (a) IN GENERAL.—The following sums are author7 ized to be appropriated from the Highway Trust Fund 

8 (other than the Mass Transit Account): 

9 (1) INTERSTATE MAINTENANCE PROGRAM.—

10 For the Interstate maintenance program under sec11 tion 119 of title 23, United States Code, 

12 $4,500,615,000 for fiscal year 2004, 

13 $4,988,088,000 for fiscal year 2005, 

14 $5,359,491,000 for fiscal year, 2006, 

15 $5,711,450,000 for fiscal year 2007, 

16 $5,865,610,000 for fiscal year 2008, and 

17 $6,072,843,000 for fiscal year 2009. 

18 (2) NATIONAL HIGHWAY SYSTEM.—For the Na19 tional Highway System under section 103 of that 

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

21 $5,985,705,000 for fiscal year 2005, 

22 $6,431,389,000 for fiscal year 2006, 

23 $6,853,739,000 for fiscal year 2007, 

24 $7,038,732,000 for fiscal year 2008, and 

25 $7,287,412,000 for fiscal year 2009. 
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1 (3) BRIDGE PROGRAM.—For the bridge pro2 gram under section 144 of that title, 

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

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

5 $4,598,742,000 for fiscal year 2006, 

6 $4,900,742,000 for fiscal year 2007, 

7 $5,033,021,000 for fiscal year 2008, and 

8 $5,210,839,000 for fiscal year 2009. 

9 (4) HIGHWAY SAFETY IMPROVEMENT PRO10 GRAM.—For the highway safety improvement pro11 gram under sections 130 and 152 of that title, 

12 $1,000,000,000 for fiscal year 2004, 

13 $1,100,000,000 for fiscal year 2005, 

14 $1,200,000,000 for fiscal year 2006, 

15 $1,300,000,000 for fiscal year 2007, 

16 $1,400,000,000 for fiscal year 2008, and 

17 $1,500,000,000 for fiscal year 2009. Of such funds 

1 18 ⁄3 per fiscal year shall be available to carry out section 130 and 2 19 ⁄3 shall be available to carry out sec20 tion 152. 

21 (5) SURFACE TRANSPORTATION PROGRAM.—

22 For the surface transportation program under sec23 tion 133 of that title, $6,285,669,000 for fiscal year 

24 2004, $6,953,706,000 for fiscal year 2005, 

25 $7,460,645,000 for fiscal year 2006, 
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1 $7,941,679,000 for fiscal year 2007, 

2 $8,146,898,000 for fiscal year 2008, and 

3 $8,446,153,000 for fiscal year 2009. 

4 (6) CONGESTION MITIGATION AND AIR QUALITY

5 IMPROVEMENT PROGRAM.—For the congestion miti6 gation and air quality improvement program under 

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

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

9 $1,822,227,000 for fiscal year 2006, 

10 $1,941,893,000 for fiscal year 2007, 

11 $1,994,307,000 for fiscal year 2008, and 

12 $2,064,767,000 for fiscal year 2009. 

13 (7) APPALACHIAN DEVELOPMENT HIGHWAY

14 SYSTEM PROGRAM.—For the Appalachian develop15 ment highway system program under section 14501 

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

17 each of fiscal years 2004 through 2009. 

18 (8) RECREATIONAL TRAILS PROGRAM.—For the 

19 recreational trails program under section 206 of title 

20 23, United States Code, $70,000,000 for fiscal year 

21 2004, $90,000,000 for fiscal year 2005, 

22 $110,000,000 for fiscal year 2006, $130,000,000 for 

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

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

25 (9) FEDERAL LANDS HIGHWAYS PROGRAM.—
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1 (A) INDIAN RESERVATION ROADS.—For 

2 Indian reservation roads under section 204 of 

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

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

5 2005, $475,000,000 for fiscal year 2006, 

6 $500,000,000 for fiscal year 2007, 

7 $550,000,000 for fiscal year 2008, and 

8 $550,000,000 for fiscal year 2009. 

9 (B) PARK ROADS AND PARKWAYS.—For 

10 park roads and parkways roads under section 

11 204 of that title, $180,000,000 for fiscal year 

12 2004, $205,000,000 for fiscal year 2005, 

13 $230,000,000 for fiscal year 2006, 

14 $255,000,000 for fiscal year 2007, 

15 $280,000,000 for fiscal year 2008, and 

16 $305,000,000 for fiscal year 2009. 

17 (C) PUBLIC LANDS HIGHWAY.—For public 

18 lands highway under section 204 of that title, 

19 $250,000,000 for fiscal year 2004, 

20 $275,000,000 for fiscal year 2005, 

21 $300,000,000 for fiscal year 2006, 

22 $325,000,000 for fiscal year 2007, 

23 $350,000,000 for fiscal year 2008, and 

24 $375,000,000 for fiscal year 2009. 
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1 (D) REFUGE ROADS.—For refuge roads 

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

3 each of fiscal years 2004 through 2009. 

4 (E) INDIAN TRANSPORTATION BONDS.—

5 For the Indian transportation bonds under sec6 tion 1117 of this title, $25,000,000 for fiscal 

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

8 $25,000,000 for fiscal year 2006, $50,000,000 

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

10 2008, and $50,000,000 for fiscal year 2009. 

11 (10) NATIONAL CORRIDOR INFRASTRUCTURE

12 IMPROVEMENT PROGRAM.—For the national corridor 

13 infrastructure improvement program under section 

14 1301 of this title, $500,000,000 for fiscal year 2004, 

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

16 fiscal year 2006, $900,000,000 for fiscal year 2007, 

17 $900,000,000 for fiscal year 2008, and 

18 $900,000,000 for fiscal year 2009. 

19 (11) COORDINATED BORDER INFRASTRUCTURE

20 PROGRAM.—For the coordinated border infrastruc21 ture program under section 1302 of this title, 

22 $200,000,000 for fiscal year 2004, $300,000,000 for 

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

24 $350,000,000 for fiscal year 2007, $400,000,000 for 
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1 fiscal year 2008, and $400,000,000 for fiscal year 

2 2009. 

3 (12) PROJECTS OFNATIONAL AND REGIONAL

4 SIGNIFICANCE PROGRAM.—For the projects of na5 tional and regional significance program under sec6 tion 1304 of this title, $2,900,000,000 for fiscal 

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

8 $2,900,000,000 for fiscal year 2006, 

9 $2,900,000,000 for fiscal year 2007, 

10 $3,000,000,000 for fiscal year 2008, and 

11 $3,000,000,000 for fiscal year 2009. 

12 (13) CONSTRUCTION OFFERRY BOATS AND

13 FERRY TERMINAL FACILITIES.—For construction of 

14 ferry boats and ferry terminal facilities under sec15 tion 165 of title 23, United States Code, 

16 $100,000,000 for fiscal year 2004, $105,000,000 for 

17 fiscal year 2005, $110,000,000 for fiscal year 2006, 

18 $115,000,000 for fiscal year 2007, $120,000,000 for 

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

20 2009. 

21 (14) NATIONAL SCENIC BYWAYS PROGRAM.—

22 For the national scenic byways program under sec23 tion 162 of title 23, United States Code, 

24 $35,000,000 for fiscal year 2004, $50,000,000 for 

25 fiscal year 2005, $65,000,000 for fiscal year 2006, 
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1 $80,000,000 for fiscal year 2007, $95,000,000 for 

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

3 2009. 

4 (15) CONGESTION PRICING PILOT PROGRAM.—

5 For the congestion pricing pilot program under sec6 tion 1209 of this title, $25,000,000 for fiscal year 

7 2004, $25,000,000 for fiscal year 2005, 

8 $25,000,000 for fiscal year 2006, $25,000,000 for 

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

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

11 (16) DEPLOYMENT OF511 TRAVELER INFORMA12 TION PROGRAM.—For the 511 traveler information 

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

14 $25,000,000 for each of fiscal years 2004 through 

15 2009. 

16 (17) HIGH PRIORITY PROJECTS PROGRAM.—

17 For the high priority projects program under section 

18 117 of title 23, United States Code, $1,953,000,000 

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

20 2005, $2,355,412,000 for fiscal year 2006, 

21 $2,586,713,000 for fiscal year 2007, 

22 $2,840,728,000 for fiscal year 2008, and 

23 $3,119,688,000 for fiscal year 2009. 

24 (18) FREIGHT INTERMODAL CONNECTOR PRO25 GRAM.—For the freight intermodal connector pro-
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1 gram under section 1303 of this title, $300,000,000 

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

3 2005, $500,000,000 for fiscal year 2006, 

4 $600,000,000 for fiscal year 2007, $600,000,000 for 

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

6 2009. 

7 (19) HIGH RISK RURAL ROAD SAFETY IM8 PROVEMENT PROGRAM.—For the high risk rural 

9 road safety improvement program under section 

10 1403 of this title, $250,000,000 for fiscal year 2004, 

11 $250,000,000 for fiscal year 2005, $250,000,000 for 

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

13 $250,000,000 for fiscal year 2008, and 

14 $250,000,000 for fiscal year 2009. 

15 (20) HIGHWAY USE TAX EVASION PROGRAM.—

16 For highway use tax evasion projects under section 

17 143 of title 23, United States Code, $26,000,000 for 

18 fiscal year 2004, $55,000,000 for fiscal year 2005, 

19 $55,000,000 for fiscal year 2006, $44,000,000 for 

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

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

22 (21) PEDESTRIAN AND CYCLIST EQUITY.—

23 (A) TRANSPORTATION AND ACTIVE LIVING

24 PROGRAM.—For the transportation and active 

25 living program under section 1118 of this title, 
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1 $25,000,000 for each of fiscal years 2004 

2 through 2009. [Reserved.] 

3 (B) SAFE ROUTES TO SCHOOL PRO4 GRAM.—For the safe routes to school program 

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

6 for each of the fiscal years 2004 through 2009. 

7 (C) NONMOTORIZED PILOT PROGRAM.—

8 For the nonmotorized pilot program under sec9 tion 1118 of this title, $20,000,000 for each of 

10 fiscal years 2004 through 2006 and 

11 $40,000,000 for each of fiscal years 2007 

12 through 2009. [Reserved.] 

13 (22) DEDICATED TRUCK LANES.—For dedi14 cated truck lanes under section 1305 of this title, 

15 $250,000,000 for fiscal year 2004 and 

16 $350,000,000 for each of fiscal years 2005 through 

17 2009. 

18 (23) HIGHWAYS FOR LIFE PROGRAM.—For the 

19 highways for life program under section 1504 of this 

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

21 through 2009. 

22 (24) COMMONWEALTH OFPUERTO RICO HIGH23 WAY PROGRAM.—For the Commonwealth of Puerto 

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

25 Transportation Equity Act for the 21st Century 
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1 (112 Stat. 209), $130,000,000 for fiscal year 2004, 

2 $140,000,000 for fiscal year 2005, $150,000,000 for 

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

4 $170,000,000 for fiscal year 2008, and 

5 $180,000,000 for fiscal year 2009. 

6 (b) DISADVANTAGED BUSINESS ENTERPRISES.—

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

8 the Secretary determines otherwise, not less than 10 

9 percent of the amounts made available for any pro10 gram under titles I, III, and V of this Act shall be 

11 expended with small business concerns owned and 

12 controlled by socially and economically disadvan13 taged individuals. 

14 (2) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 (A) SMALL BUSINESS CONCERN.—The 

17 term ‘‘small business concern’’ has the meaning 

18 such term has under section 3 of the Small 

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

20 term shall not include any concern or group of 

21 concerns controlled by the same socially and 

22 economically disadvantaged individual or indi23 viduals which has average annual gross receipts 

24 over the preceding 3 fiscal years in excess of 
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1 $17,420,000, as adjusted by the Secretary for 

2 inflation. 

3 (B) SOCIALLY AND ECONOMICALLY DIS4 ADVANTAGED INDIVIDUALS.—The term ‘‘so5 cially and economically disadvantaged individ6 uals’’ has the meaning such term has under 

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

8 U.S.C. 637(d)) and relevant subcontracting reg9 ulations promulgated pursuant thereto; except 

10 that women shall be presumed to be socially 

11 and economically disadvantaged individuals for 

12 purposes of this subsection. 

13 (3) ANNUAL LISTING OFDISADVANTAGED BUSI14 NESS ENTERPRISES.—Each State shall annually sur15 vey and compile a list of the small business concerns 

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

17 concerns in the State and notify the Secretary, in 

18 writing, of the percentage of such concerns which 

19 are controlled by women, by socially and economi20 cally disadvantaged individuals (other than women), 

21 and by individuals who are women and are otherwise 

22 socially and economically disadvantaged individuals. 

23 (4) UNIFORM CERTIFICATION.—The Secretary 

24 shall establish minimum uniform criteria for State 

25 governments to use in certifying whether a concern 
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1 qualifies for purposes of this subsection. Such min2 imum uniform criteria shall include, but not be lim3 ited to, on-site visits, personal interviews, licenses, 

4 analysis of stock ownership, listing of equipment, 

5 analysis of bonding capacity, listing of work com6 pleted, resume of principal owners, financial capac7 ity, and type of work preferred. 

8 (5) COMPLIANCE WITH COURT ORDERS.—Noth9 ing in this subsection limits the eligibility of an enti10 ty or person to receive funds made available under 

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

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

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

14 final order in which the court finds that the require15 ment of paragraph (1), or the program established 

16 under paragraph (1), is unconstitutional. 

17 SEC. 1102. OBLIGATION CEILING. 

18 (a) GENERAL LIMITATION.—Notwithstanding any 

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

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

21 safety construction programs shall not exceed—

22 (1) $38,800,000,000 for fiscal year 2004; 

23 (2) $43,300,000,000 for fiscal year 2005; 

24 (3) $47,100,000,000 for fiscal year 2006; 

25 (4) $51,100,000,000 for fiscal year 2007; 
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1 (5) $54,200,000,000 for fiscal year 2008; and 

2 (6) $58,200,000,000 for fiscal year 2009. 

3 (b) EXCEPTIONS.—The limitations under subsection 

4 (a) shall not apply to obligations—

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

6 Code; 

7 (2) under section 147 of the Surface Transpor8 tation Assistance Act of 1978; 

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

10 Act of 1981; 

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

12 Surface Transportation Assistance Act of 1982; 

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

14 Surface Transportation and Uniform Relocation As15 sistance Act of 1987; 

16 (6) under sections 1103 through 1108 of the 

17 Intermodal Surface Transportation Efficiency Act of 

18 1991; 

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

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

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

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

23 2013), only in an amount equal to $639,000,000 per 

24 fiscal year; and 
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1 (9) for Federal-aid highway programs for which 

2 obligation authority was made available under the 

3 Transportation Equity Act for the 21st Century or 

4 subsequent public laws for multiple years or to re5 main available until used, but only to the extent that 

6 such obligation authority has not lapsed or been 

7 used. 

8 (c) DISTRIBUTION OF OBLIGATION AUTHORITY.—

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

10 shall—

11 (1) not distribute obligation authority provided 

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

13 authorized for administrative expenses and amounts 

14 authorized for the highway use tax evasion program 

15 and the Bureau of Transportation Statistics; 

16 (2) not distribute an amount of obligation au17 thority provided by subsection (a) that is equal to 

18 the unobligated balance of amounts made available 

19 from the Highway Trust Fund (other than the Mass 

20 Transit Account) for Federal-aid highway and high21 way safety programs for previous fiscal years the 

22 funds for which are allocated by the Secretary; 

23 (3) determine the ratio that—

24 (A) the obligation authority provided by 

25 subsection (a) for such fiscal year less the ag-
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1 gregate of amounts not distributed under para2 graphs (1) and (2), bears to 

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

4 appropriated for Federal-aid highway and high5 way safety construction programs (other than 

6 sums authorized to be appropriated for sections 

7 set forth in paragraphs (1) through (7) of sub8 section (b) and sums authorized to be appro9 priated for section 105 of title 23, United 

10 States Code, equal to the amount referred to in 

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

12 aggregate of the amounts not distributed under 

13 paragraph (1) of this subsection; 

14 (4) distribute the obligation authority provided 

15 by subsection (a) less the aggregate amounts not 

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

17 117 of title 23, United States Code (relating to high 

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

19 United States Code (relating to Appalachian devel20 opment highway system), and $2,000,000,000 for 

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

22 States Code (relating to minimum guarantee) so 

23 that amount of obligation authority available for 

24 each of such sections is equal to the amount deter25 mined by multiplying the ratio determined under 
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1 paragraph (3) by the sums authorized to be appro2 priated for such section (except in the case of sec3 tion 105, $2,000,000,000) for such fiscal year; 

4 (5) distribute the obligation authority provided 

5 by subsection (a) less the aggregate amounts not 

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

7 amounts distributed under paragraph (4) for each of 

8 the programs that are allocated by the Secretary 

9 under this Act and title 23, United States Code 

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

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

12 multiplying the ratio determined under paragraph 

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

14 such program for such fiscal year; and 

15 (6) distribute the obligation authority provided 

16 by subsection (a) less the aggregate amounts not 

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

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

19 for Federal-aid highway and highway safety con20 struction programs (other than the minimum guar21 antee program, but only to the extent that amounts 

22 apportioned for the minimum guarantee program for 

23 such fiscal year exceed $2,639,000,000, and the Ap24 palachian development highway system program) 
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1 that are apportioned by the Secretary under this Act 

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

3 (A) sums authorized to be appropriated for 

4 such programs that are apportioned to each 

5 State for such fiscal year, bear to 

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

7 appropriated for such programs that are appor8 tioned to all States for such fiscal year. 

9 (d) REDISTRIBUTION OF UNUSED OBLIGATION AU10 THORITY.—Notwithstanding subsection (c), the Secretary 

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

12 2009 revise a distribution of the obligation authority made 

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

14 under this section will not be obligated during the fiscal 

15 year and redistribute sufficient amounts to those States 

16 able to obligate amounts in addition to those previously 

17 distributed during that fiscal year. In making the redis18 tribution, the Secretary shall give priority to those States 

19 having large unobligated balances of funds apportioned 

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

21 Code. 

22 (e) APPLICABILITY OF OBLIGATION LIMITATIONS TO

23 TRANSPORTATION RESEARCH PROGRAMS.—Obligation 

24 limitations imposed by subsection (a) shall apply to trans25 portation research programs carried out under chapter 5 
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1 of title 23, United States Code, and under title V of this 

2 Act; except that obligation authority made available for 

3 such programs under such limitations shall remain avail4 able for a period of 3 fiscal years. 

5 (f) REDISTRIBUTION OF CERTAIN AUTHORIZED

6 FUNDS.—Not later than 30 days after the date of the dis7 tribution of obligation authority under subsection (c) for 

8 each of fiscal years 2004 through 2009, the Secretary 

9 shall distribute to the States any funds (1) that are au10 thorized to be appropriated for such fiscal year for Fed11 eral-aid highway programs, and (2) that the Secretary de12 termines will not be allocated to the States, and will not 

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

14 imposition of any obligation limitation for such fiscal year. 

15 Such distribution to the States shall be made in the same 

16 ratio as the distribution of obligation authority under sub17 section (c)(6). The funds so distributed shall be available 

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

19 United States Code. 

20 (g) SPECIAL RULE.—Obligation authority distributed 

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

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

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

24 addition to the amount of any limitation imposed on obli-
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1 gations for Federal-aid highway and highway safety con2 struction programs for future fiscal years. 

3 (h) INCREASE IN OBLIGATION LIMIT.—Limitations 

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

5 shall be increased by an amount equal to the amount de6 termined pursuant to section 251(b)(1)(B)(ii)(I)(cc) of the 

7 Balanced Budget and Emergency Deficit Control Act of 

8 1985 (2 U.S.C. 901(b)(2)(B)(ii)(I)(cc)) for such fiscal 

9 year. Any such increase shall be distributed in accordance 

10 with this section. 

11 (i) LIMITATIONS ON OBLIGATIONS FOR ADMINISTRA12 TIVE EXPENSES.—Notwithstanding any other provision of 

13 law, the total amount of all obligations under section 

14 104(a) of title 23, United States Code, shall not exceed—

15 (1) $400,000,000 for fiscal year 2004; 

16 (2) $410,000,000 for fiscal year 2005; 

17 (3) $420,000,000 for fiscal year 2006; 

18 (4) $430,000,000 for fiscal year 2007; 

19 (5) $440,000,000 for fiscal year 2008; and 

20 (6) $450,000,000 for fiscal year 2009. 

21 SEC. 1103. APPORTIONMENTS.

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

23 title 23, United States Code, is amended—

24 (1) by striking paragraphs (1) and (2) and in25 serting the following: 
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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated from the Highway Trust Fund (other 

3 than the Mass Transit Account) for purposes de4 scribed in paragraph (2) $400,000,000 for fiscal 

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

6 $420,000,000 for fiscal year 2006, $430,000,000 for 

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

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

9 ‘‘(2) USE OFFUNDS.—The amounts authorized 

10 to be appropriated by paragraph (1) are authorized 

11 for the following purposes: 

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

13 be financed from appropriations for the Fed14 eral-aid highway program and programs au15 thorized under chapter 2. 

16 ‘‘(B) To make transfers of such sums as 

17 the Secretary determines to be appropriate to 

18 the Appalachian Regional Commission for ad19 ministrative activities associated with the Appa20 lachian development highway system.’’; 

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

22 under’’ and inserting ‘‘amounts authorized to be ap23 propriated by’’; and 

24 (3) in paragraph (4)—
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1 (A) by striking ‘‘sums deducted under’’ 

2 and inserting ‘‘amounts authorized to be appro3 priated by’’; and 

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

5 Carrier Safety Administration’’. 

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

7 of such title is amended—

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

9 subsection (a) and’’; and 

10 (2) in paragraph (1)—

11 (A) by striking ‘‘$36,400,000 for each fis12 cal year’’ and inserting ‘‘$40,000,000 for fiscal 

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

14 $50,000,000 for fiscal year 2006, $55,000,000 

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

16 2008, and $75,000,000 for fiscal year 2009’’; 

17 (B) by striking ‘‘$18,800,000’’ and insert18 ing ‘‘$37,600,000’’; and 

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

20 inserting ‘‘2004 through 2009’’. 

21 (c) CONFORMING AMENDMENTS.—Section 104 of 

22 such title is amended—

23 (1) in subsection (f)(1)—
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1 (A) by striking ‘‘, after making the deduc2 tion authorized by subsection (a) of this sec3 tion,’’; and 

4 (B) by striking ‘‘remaining’’; and 

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

6 inserting ‘‘authorized to be appropriated’’.

7 (d) PUERTO RICO HIGHWAY PROGRAM.—Section 

8 1214(r) of the Transportation Equity Act for the 21st 

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

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

11 of fiscal years 1998 through 2004’’ and inserting 

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

13 the Transportation Equity Act: A Legacy for 

14 Users’’; and 

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

16 Act’’ and inserting ‘‘(24) of the Transportation Eq17 uity Act: A Legacy for Users’’.

18 SEC. 1104. MINIMUM GUARANTEE. 

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

20 United States Code, is amended—

21 (1) by striking ‘‘1998 through 2003’’ and in22 serting ‘‘2004 through 2009’’; 

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

24 (3) by striking ‘‘and recreational trails’’ and in25 serting ‘‘recreational trails, coordinated border infra-
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1 structure, freight intermodal connectors, safe routes 

2 to school, highway safety improvement, and high 

3 risk rural road safety improvement’’. 

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

5 such title is amended—

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

7 ‘‘$3,100,000,000 in fiscal year 2004, 

8 $3,350,000,000 in fiscal year 2005, $3,700,000,000 

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

10 2007, $4,400,000,000 in fiscal year 2008, and 

11 $4,800,000,000 in fiscal year 2009’’; 

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

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

14 place it appears and inserting ‘‘recreational trails, 

15 coordinated border infrastructure, freight intermodal 

16 connectors, safe routes to school, highway safety im17 provement, and high risk rural road safety improve18 ment’’. 

19 (c) AUTHORIZATION.—Section 105(d) of such title is 

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

21 ‘‘2004 through 2009’’. 

22 (d) SPECIAL RULE.—Section 105 of such title is fur23 ther amended—

24 (1) by striking subsection (e); and 
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1 (2) by redesignating subsection (f) as sub2 section (e). 

3 (e) GUARANTEED SPECIFIED RETURN.—Section 

4 105(e) of such title (as redesignated by subsection (d)) 

5 is amended—

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

7 90.5’’ and inserting ‘‘SPECIFIED’’; 

8 (2) in paragraph (1)—

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

10 inserting ‘‘2004 through 2009’’; and 

11 (B) by inserting before the period at the 

12 end the following: ‘‘in fiscal year 2004, 91 per13 cent in fiscal year 2005, 92 percent in fiscal 

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

15 percent in fiscal year 2008, and 95 percent in 

16 fiscal year 2009’’. 

17 (3) by striking paragraph (2); 

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

19 paragraphs (2) and (3), respectively; 

20 (5) in paragraph (2) (as so redesignated) by 

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

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

23 striking ‘‘90.5 percent’’ and inserting ‘‘the percent24 age required in paragraph (1) for such fiscal year’’. 
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1 (f) SPECIAL RULE.—The amendment made by sub2 section (e)(2)(B) of this section shall not be in effect in 

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

4 highways and highway safety construction for that fiscal 

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

6 of this Act for such fiscal year. 

7 SEC. 1105. REVENUE ALIGNED BUDGET AUTHORITY.

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

9 to revenue aligned budget authority, will be continued in 

10 such a way as to create greater stability in program fund11 ing level adjustments and maintain a direct relationship 

12 to the receipts in the Highway Account of the Highway 

13 Trust Fund. 

14 SEC. 1106. EMERGENCY RELIEF. 

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

16 United States Code, is amended by striking 

17 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 

18 (b) AUTHORIZATIONS OF APPROPRIATIONS FROM

19 GENERAL FUND.—There is authorized to be appropriated 

20 for a fiscal year such sums as may be necessary for alloca21 tions by the Secretary described in subsections (a) and (b) 

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

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

24 $200,000,000. 
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1 SEC. 1107. SURFACE TRANSPORTATION PROGRAM. 

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

3 amended—

4 (1) by striking ‘‘1998 through 2000’’ and in5 serting ‘‘2004 through 2006’’; and 

6 (2) by striking ‘‘2001 through 2003’’ and in7 serting ‘‘2007 through 2009’’. 

8 SEC. 1108. HIGHWAY USE TAX EVASION PROJECTS. 

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

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

11 of subsection (b) the following: 

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

13 and States shall submit to the Secretary annual re14 ports that describe the projects, examinations, and 

15 criminal investigations funded by and carried out 

16 under this section. The reports must specify the an17 nual yield estimated for each project funded under 

18 this section.’’. 

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

20 such title is amended—

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (F); 

23 (2) by striking the period at the end of sub24 paragraph (G) and inserting ‘‘; and’’; and 

25 (3) by adding at the end the following: 
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1 ‘‘(H) to analyze and implement programs 

2 to reduce tax evasion associated with foreign 

3 imported fuel.’’. 

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

5 of such title is amended by striking ‘‘Not later than Au6 gust 1, 1998,’’ and inserting ‘‘Not later than April 1, 

7 2004,’’. 

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

9 amended—

10 (1) by striking ‘‘and’’ at the end of subpara11 graph (B); 

12 (2) by striking the period at the end of sub13 paragraph (C) and inserting ‘‘: and’’; and 

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

15 ‘‘(D) the Internal Revenue Service shall 

16 provide a report to the Secretary on the status 

17 of the Internal Revenue Service projects funded 

18 under this section by March 30 and September 

19 30 of each year. The report shall include up20 dates on the automated fuel tracking system 

21 project.’’. 

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

23 amended to read as follows: 

24 ‘‘(3) FUNDING.—Of the amounts made avail25 able to carry out this section for each of fiscal years 
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1 2004 through 2009, the Secretary shall make funds 

2 available to the Internal Revenue Service to com3 plete, operate, and maintain an automated fuel re4 porting system and to the States to supplement 

5 State highway use tax enforcement programs.’’. 

6 SEC. 1109. APPALACHIAN DEVELOPMENT HIGHWAY SYS7 TEM. 

8 (a) APPORTIONMENT.—The Secretary shall appor9 tion funds made available by section 1101(a)(7) of this 

10 Act for fiscal years 2004 through 2009 among the States 

11 based on the latest available cost to complete estimate for 

12 the Appalachian development highway system under sec13 tion 14501 title 40, United States Code. 

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

15 available by section 1101(a)(7) of this Act for the Appa16 lachian development highway system shall be available for 

17 obligation in the same manner as if such funds were ap18 portioned under chapter 1 of title 23, United States Code; 

19 except that the Federal share of the cost of any project 

20 under this section shall be determined in accordance with 

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

22 such funds shall be available to construct highways and 

23 access roads under such section and shall remain available 

24 until expended. 
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1 (c) USE OF TOLL CREDITS.—Section 120(j)(1) of 

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

3 the Appalachian development highway system program 

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

5 SEC. 1110. CONSTRUCTION OF FERRY BOATS AND FERRY 

6 TERMINAL FACILITIES. 

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

8 23, United States Code, is amended by adding at the end 

9 the following: 

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

11 facilities 

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

13 program for construction of ferry boats and ferry terminal 

14 facilities in accordance with section 129(c). 

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

16 for construction of ferry boats and ferry terminal facilities 

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

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

19 available to carry out this section shall remain available 

20 until expended. 

21 ‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—

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

23 made available to carry out this section for each of 

24 fiscal years 2004 through 2009 shall be obligated for 

25 the construction or refurbishment of ferry boats and 
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1 ferry terminal facilities and approaches to such fa2 cilities within marine highway systems that are part 

3 of the National Highway System. 

4 ‘‘(2) ALASKA.—$10,000,000 of the 

5 $20,000,000 for a fiscal year made available under 

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

7 of Alaska. 

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

9 $20,000,000 for a fiscal year made available under 

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

11 of New Jersey. 

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

13 $20,000,000 for a fiscal year made available under 

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

15 of Washington. 

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

17 that are applicable to the National Highway System, other 

18 than provisions relating to apportionment formula and 

19 Federal share, shall apply to funds made available to carry 

20 out this section, except as determined by the Secretary 

21 to be inconsistent with this section.’’. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 subchapter I of chapter 1 of such title is amended by add24 ing at the end the following:

‘‘165. Construction of ferry boats and ferry terminal facilities.’’.
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1 SEC. 1111. INTERSTATE MAINTENANCE DISCRETIONARY. 

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

3 States Code, is amended—

4 (1) by striking subsection (c); 

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

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

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

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

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

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

11 (c) TECHNICAL AMENDMENTS.—

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

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

14 ‘‘118(b)(2)’’. 

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

16 amended by striking subsection (f) and by redesig17 nating (g) as subsection (f). 

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

19 is amended by striking ‘‘Except as provided in sec20 tion 117 of this title, such’’ and inserting ‘‘Such’’. 

21 (4) SECTION 145.—Section 145(b) of such title 

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

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

24 title’’. 

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

26 section shall not apply to, or have any affect with respect 
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1 to, funds made available under section 118 of title 23, 

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

3 section. 

4 SEC. 1112. HIGHWAY BRIDGE.

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

6 title 23, United States Code, is amended to read as fol7 lows: 

8 ‘‘(d) APPLICATIONS FOR AND APPROVAL OF ASSIST9 ANCE.—

10 ‘‘(1) BRIDGE REPLACEMENT OR REHABILITA11 TION.—Whenever any State or States make applica12 tion to the Secretary for assistance in replacing or 

13 rehabilitating a highway bridge which the priority 

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

15 shows to be eligible, the Secretary may approve Fed16 eral participation in replacing such bridge with a 

17 comparable facility or in rehabilitating such bridge. 

18 ‘‘(2) PREVENTIVE MAINTENANCE, SCOUR MEAS19 URES, AND APPLICATIONS OFCERTAIN COMPOSI20 TIONS.—Whenever any State makes application to 

21 the Secretary for assistance in painting, seismic ret22 rofit, or preventive maintenance of, or installing 

23 scour countermeasures or applying calcium magne24 sium acetate, sodium acetate/formate, or other envi25 ronmentally acceptable, minimally corrosive anti-
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1 icing and de-icing compositions to, the structure of 

2 a highway bridge, the Secretary may approve Fed3 eral participation in the painting, seismic retrofit, or 

4 preventive maintenance of, or installation of scour 

5 countermeasures or application of acetate or sodium 

6 acetate/formate or such anti-icing or de-icing com7 position to, such structure. 

8 ‘‘(3) ELIGIBILITY.—The Secretary shall deter9 mine the eligibility of highway bridges for replace10 ment or rehabilitation for each State based upon the 

11 unsafe highway bridges in such State; except that a 

12 State may carry out a project for preventive mainte13 nance on a bridge, seismic retrofit of a bridge, or in14 stalling scour countermeasures to a bridge under 

15 this section without regard to whether the bridge is 

16 eligible for replacement or rehabilitation under this 

17 section.’’. 

18 (b) BRIDGE DISCRETIONARY SET-ASIDE.—Section 

19 144(g)(1) of such title is amended by adding at the end 

20 the following: 

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

22 Of the amounts authorized to be appropriated 

23 to carry out the bridge program under this sec24 tion for each of the fiscal years 2004 through 

25 2009, all but $100,000,000 shall be appor-
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1 tioned as provided in subsection (e). Such 

2 $100,000,000 shall be available at the discre3 tion of the Secretary.’’. 

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

5 such title is amended—

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

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

8 (3) by inserting ‘‘, perform systematic preven9 tive maintenance,’’ after ‘‘paint’’; 

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

11 bridges’’. 

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

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

14 all that follows through ‘‘Congress’’. 

15 SEC. 1113. TRANSPORTATION AND COMMUNITY AND SYS16 TEM PRESERVATION PROGRAM. 

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

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

19 amended—

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

21 ‘‘1999,’’; and 

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

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

24 $35,000,000 for fiscal year 2005, $40,000,000 for 

25 fiscal year 2006, $45,000,000,000 for fiscal year 
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1 2007, and $50,000,000 for each of fiscal years 2008 

2 and 2009’’.

3 SEC. 1114. DEPLOYMENT OF MAGNETIC LEVITATION 

4 TRANSPORTATION PROJECTS. 

5 (a) DEFINITIONS.—In this section, the following defi6 nitions apply: 

7 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli8 gible project costs’’—

9 (A) means the capital cost of the fixed 

10 guideway infrastructure of a MAGLEV project, 

11 including land, piers, guideways, propulsion 

12 equipment and other components attached to 

13 guideways, power distribution facilities (includ14 ing substations), control and communications 

15 facilities, access roads, and storage, repair, and 

16 maintenance facilities, but not including costs 

17 incurred for a new station; and 

18 (B) includes the costs of preconstruction 

19 planning activities. 

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

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

22 MAGLEV project, including eligible project costs 

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

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

25 transportation systems employing magnetic levita-
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1 tion that would be capable of safe use by the public 

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

3 (4) STATE.—The term ‘‘State’’ has the mean4 ing such term has under section 101(a) of title 23, 

5 United States Code. 

6 (b) IN GENERAL.—

7 (1) ASSISTANCE FOR ELIGIBLE PROJECTS.—

8 The Secretary shall make available financial assist9 ance to pay the Federal share of full project costs 

10 of eligible projects authorized by this section. 

11 (2) USE OFASSISTANCE.—Financial assistance 

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

13 pay eligible project costs of projects authorized by 

14 this section. 

15 (c) PROJECT ELIGIBILITY.—To be eligible to receive 

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

17 (1) involve a segment or segments of a high18 speed ground transportation corridor; 

19 (2) result in an operating transportation facility 

20 that provides a revenue producing service; and 

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

22 application submitted to the Secretary by a State or 

23 authority designated by 1 or more States. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated from the Highway Trust 
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1 Fund (other than the Mass Transit Account) to carry out 

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

3 through 2009. 

4 (e) APPLICABILITY OF TITLE 23, UNITED STATES

5 CODE.—Funds authorized to be appropriated by this sec6 tion shall be available for obligation in the same manner 

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

8 23, United States Code; except that the Federal share of 

9 the full project costs of an eligible project shall be 80 per10 cent and such funds shall remain available until expended. 

11 SEC. 1115. RECREATIONAL TRAILS. 

12 (a) RECREATIONAL TRAILS PROGRAM FORMULA.—

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

14 amended by striking ‘‘research and technical’’ and all that 

15 follows through ‘‘Committee’’ and inserting ‘‘research, 

16 technical assistance, and training under the recreational 

17 trails program’’. 

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

19 title is amended to read as follows: 

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

21 funds apportioned to a State for a fiscal year to 

22 carry out this section include—

23 ‘‘(A) maintenance and restoration of exist24 ing recreational trails; 
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1 ‘‘(B) development and rehabilitation of 

2 trailside and trailhead facilities and trail link3 ages for recreational trails; 

4 ‘‘(C) purchase and lease of recreational 

5 trail construction and maintenance equipment; 

6 ‘‘(D) construction of new recreational 

7 trails, except that, in the case of new rec8 reational trails crossing Federal lands, con9 struction of the trails shall be—

10 ‘‘(i) permissible under other law; 

11 ‘‘(ii) necessary and recommended by a 

12 statewide comprehensive outdoor recreation 

13 plan that is required by the Land and 

14 Water Conservation Fund Act of 1965 (16 

15 U.S.C. 460l–4 et seq.) and that is in ef16 fect; 

17 ‘‘(iii) approved by the administering 

18 agency of the State designated under sub19 section (c)(1); and 

20 ‘‘(iv) approved by each Federal agency 

21 having jurisdiction over the affected lands 

22 under such terms and conditions as the 

23 head of the Federal agency determines to 

24 be appropriate, except that the approval 

25 shall be contingent on compliance by the 
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1 Federal agency with all applicable laws, in2 cluding the National Environmental Policy 

3 Act of 1969 (42 U.S.C. 4321 et seq.), the 

4 Forest and Rangeland Renewable Re5 sources Planning Act of 1974 (16 U.S.C. 

6 1600 et seq.), and the Federal Land Policy 

7 and Management Act of 1976 (43 U.S.C. 

8 1701 et seq.); 

9 ‘‘(E) acquisition of easements and fee sim10 ple title to property for recreational trails or 

11 recreational trail corridors; 

12 ‘‘(F) assessment of trail conditions for ac13 cessibility and maintenance; 

14 ‘‘(G) operation of educational programs to 

15 promote safety and environmental protection as 

16 those objectives relate to the use of recreational 

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

18 of the apportionment made to the State for the 

19 fiscal year; and 

20 ‘‘(H) payment of costs to the State in21 curred in administering the program, but in an 

22 amount not to exceed 7 percent of the appor23 tionment made to the State for the fiscal year 

24 to carry out this section.’’. 
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1 (c) USE OF APPORTIONMENTS.—Section 206(d)(3) 

2 of such title is amended—

3 (1) by striking subparagraph (C); 

4 (2) by redesignating subparagraph (D) as sub5 paragraph (C); and 

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

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

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

9 is amended—

10 (1) in paragraph (1)—

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

12 the administrative costs of a State’’ after 

13 ‘‘project’’; and 

14 (B) by striking ‘‘not exceed 80 percent’’ 

15 and inserting ‘‘be determined in accordance 

16 with section 120(b)’’; 

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

18 of’’ and inserting ‘‘the amount determined in accord19 ance with section 120(b) for’’; 

20 (3) in paragraph (2)(B) by inserting ‘‘spon21 soring the project’’ after ‘‘Federal agency’’; 

22 (4) by striking paragraph (5); 

23 (5) by redesignating paragraph (4) as para24 graph (5); 
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•HR 3994 IH 

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

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

3 share as determined in accordance with section 

4 120(b)’’; and 

5 (7) by inserting after paragraph (3) the fol6 lowing: 

7 ‘‘(4) USE OFRECREATIONAL TRAILS PROGRAM

8 FUNDS TO MATCH OTHER FEDERAL PROGRAM

9 FUNDS.—Notwithstanding any other provision of 

10 law, funds made available under this section may be 

11 used toward the non-Federal matching share for 

12 other Federal program funds that are—

13 ‘‘(A) expended in accordance with the re14 quirements of the Federal program relating to 

15 activities funded and populations served; and 

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

17 for assistance under this section.’’. 

18 (e) PLANNING AND ENVIRONMENTAL ASSESSMENT

19 COSTS INCURRED PRIOR TO PROJECT APPROVAL.—Sec20 tion 206(h)(1) of such title is amended by adding at the 

21 end the following: 

22 ‘‘(C) PLANNING AND ENVIRONMENTAL AS23 SESSMENT COSTS INCURRED PRIOR TO PROJECT

24 APPROVAL.—The Secretary may allow pre-ap25 proval planning and environmental compliance 
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•HR 3994 IH 

1 costs to be credited toward the non-Federal 

2 share of the cost of a project described under 

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

4 in accordance with subsection (f), limited to 

5 costs incurred less than 18 months prior to 

6 project approval.’’. 

7 (f) ENCOURAGEMENT OF USE OF YOUTH CONSERVA8 TION OR SERVICE CORPS.—The Secretary shall encourage 

9 the States to enter into contracts and cooperative agree10 ments with qualified youth conservation or service corps 

11 to perform construction and maintenance of recreational 

12 trails under section 206 of title 23, United States Code. 

13 SEC. 1116. FEDERAL LANDS HIGHWAYS. 

14 (a) CONTRACTS AND AGREEMENTS WITH INDIAN

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

16 Code, is amended to read as follows: 

17 ‘‘(3) CONTRACTS AND AGREEMENTS WITH IN18 DIAN TRIBES.—

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

20 other provision of law or any interagency agree21 ment, program guideline, manual, or policy di22 rective, all funds made available to an Indian 

23 tribal government under this title for a high24 way, road, bridge, parkway, or transit facility 

25 project that is located on an Indian reservation 
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1 or provides access to the reservation or a com2 munity of the Indian tribe shall be made avail3 able, on the request of the Indian tribal govern4 ment, to the Indian tribal government for use 

5 in carrying out, in accordance with the Indian 

6 Self-Determination and Education Assistance 

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

8 agreements for the planning, research, engi9 neering, and construction relating to such 

10 project. 

11 ‘‘(B) EXCLUSION OFAGENCY PARTICIPA12 TION.—In accordance with subparagraph (A), 

13 all funds for a project to which subparagraph 

14 (A) applies shall be paid to the Indian tribal 

15 government without regard to the organiza16 tional level at which the Department of the In17 terior has previously carried out, or the Depart18 ment of Transportation has previously carried 

19 out under the Federal lands highway programs, 

20 the programs, functions, services, or activities 

21 involved. 

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

23 tribes that are otherwise eligible to participate 

24 in a project to which this title applies may form 

25 a consortium to be considered as a single In-
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•HR 3994 IH 

1 dian tribe for the purpose of participating in 

2 the project under this section. 

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

4 tribal government receives for a project under 

5 subparagraph (A) shall equal the sum of the 

6 funding that the Indian tribal government 

7 would otherwise receive for the project in ac8 cordance with the funding formula established 

9 under this subsection and such additional 

10 amount as the Secretary determines equal the 

11 amounts that would have been withheld for the 

12 costs of the Bureau of Indian Affairs for ad13 ministration of the project. 

14 ‘‘(E) ELIGIBILITY.—An Indian tribal gov15 ernment may receive funding under subpara16 graph (A) for a project in a fiscal year if the 

17 Indian tribal government demonstrates to the 

18 satisfaction of the Secretary financial stability 

19 and financial management capability as dem20 onstrated in the annual auditing required under 

21 the Indian Self-Determination and Education 

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

23 during the preceding fiscal year, had no uncor24 rected significant and material audit exceptions 

25 in the required annual audit of the Indian 
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1 tribe’s self-determination contracts or self-gov2 ernance funding agreements with any Federal 

3 agency. 

4 ‘‘(F) ASSUMPTION OFFUNCTIONS AND DU5 TIES.—An Indian tribal government receiving 

6 funding under subparagraph (A) for a project 

7 shall assume all functions and duties that the 

8 Secretary of the Interior would have performed 

9 with respect to projects under this chapter, 

10 other than those functions and duties that in11 herently cannot be legally transferred under the 

12 Indian Self-Determination and Education As13 sistance Act (25 U.S.C. 450b et seq.). 

14 ‘‘(G) POWERS.—An Indian tribal govern15 ment receiving funding under subparagraph (A) 

16 for a project shall have all powers that the Sec17 retary of the Interior would have exercised in 

18 administering the funds transferred to the In19 dian tribal government for such project under 

20 this section if such funds had not been trans21 ferred, except to the extent that such powers 

22 are powers that inherently cannot be legally 

23 transferred under the Indian Self-Determina24 tion and Education Assistance Act (25 U.S.C. 

25 450b et seq.). 
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1 ‘‘(H) DISPUTE RESOLUTION.—In the event 

2 of a disagreement between the Secretary of 

3 Transportation or the Secretary of the Interior 

4 and an Indian tribe over whether a particular 

5 function, duty, or power may be lawfully trans6 ferred under the Indian Self-Determination and 

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

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

9 pursue all alternative dispute resolutions and 

10 appeal procedures authorized by such Act, in11 cluding regulations issued to carry out such 

12 Act.’’. 

13 (b) ALASKA NATIVE VILLAGE INVENTORY.—Section 

14 202(d)(2) of such title is amended by adding at the end 

15 the following: 

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

17 ‘‘(i) IN GENERAL.—For fiscal year 

18 2004 and each fiscal year thereafter, any 

19 allocation of sums authorized to be appro20 priated for Indian reservation roads in 

21 Alaska shall be based on an inventory of 

22 roads within the exterior boundaries of vil23 lage corporation land selected pursuant to 

24 the Alaska Native Claims Settlement Act 

25 (43 U.S.C. 1601 et seq.) that includes all 
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1 routes previously included in such an in2 ventory. The Secretary of Transportation 

3 and the Secretary of the Interior may in4 clude, in the inventory of roads, those pro5 posed for inclusion by tribal village govern6 ments from among community streets 

7 within the village and those proposed pri8 mary access routes for inclusion by tribal 

9 village governments, including roads and 

10 trails between villages (including links over 

11 water), roads and trails to landfills, roads 

12 and trails to drinking water sources, roads 

13 and trails to natural resources identified 

14 for economic development, and roads and 

15 trails that provide access to intermodal ter16 mini, such as airports, harbors, or boat 

17 landings. 

18 ‘‘(ii) LIMITATION ON PRIMARY ACCESS

19 ROUTES.—For purposes of this subpara20 graph, a proposed primary access route is 

21 the shortest practicable route connecting 2 

22 points of the proposed route.’’. 

23 (c) DEPUTY ASSISTANT SECRETARY OF TRANSPOR24 TATION FOR TRIBAL GOVERNMENT AFFAIRS.—Section 

25 102 of title 49, United States Code, is amended—
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•HR 3994 IH 

1 (1) by redesignating subsection (f) as sub2 section (g); and 

3 (2) by inserting after subsection (e) the fol4 lowing: 

5 ‘‘(f) DEPUTY ASSISTANT SECRETARY FOR TRIBAL

6 GOVERNMENT AFFAIRS.—The Department of Transpor7 tation shall have, within the office of the Secretary, a Dep8 uty Assistant Secretary for Tribal Government Affairs ap9 pointed by the President to plan, coordinate, and imple10 ment the Department of Transportation policy and pro11 grams serving Indian tribes and tribal organizations and 

12 to coordinate tribal transportation programs and activities 

13 in all offices and administrations of the Department and 

14 to be a participant in any negotiated rulemaking related 

15 to, or has impact on, projects, programs, or funding asso16 ciated with the tribal transportation program.’’. 

17 SEC. 1117. INDIAN TRANSPORTATION BONDS. 

18 [Reserved.]

19 SEC. 1118. PEDESTRIAN AND CYCLIST EQUITY. 

20 (a) TRANSPORTATION AND ACTIVE LIVING PRO21 GRAM.—[Reserved.] 

22 (b) SAFE ROUTES TO SCHOOL PROGRAM.—

23 (1) ESTABLISHMENT.—Subject to the require24 ments of this subsection, the Secretary shall estab25 lish and carry out a safe routes to school program 
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1 for the benefit of children in primary and middle 

2 schools. 

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

4 shall be—

5 (A) to enable and encourage children, in6 cluding those with disabilities, to walk and bicy7 cle to school; 

8 (B) to make bicycling and walking to 

9 school a safer and more appealing transpor10 tation alternative, thereby encouraging a 

11 healthy and active lifestyle from an early age; 

12 and 

13 (C) to facilitate the planning, development, 

14 and implementation of projects and activities 

15 that will improve safety and reduce traffic, fuel 

16 consumption, and air pollution in the vicinity of 

17 schools. 

18 (3) APPORTIONMENT OFFUNDS.—

19 (A) IN GENERAL.—Subject to subpara20 graphs (B) and (C), amounts made available to 

21 carry out this subsection for a fiscal year shall 

22 be apportioned among the States in the ratio 

23 that—
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1 (i) the total student enrollment in pri2 mary and middle schools in each State; 

3 bears to 

4 (ii) the total student enrollment in 

5 primary and middle schools in all the 

6 States. 

7 (B) MINIMUM APPORTIONMENT.—No 

8 State shall receive an apportionment under this 

9 subsection for a fiscal year of less than 

10 $2,000,000. 

11 (C) SET-ASIDE.—Before apportioning 

12 amounts made available to carry out this sub13 section under this paragraph for a fiscal year, 

14 the Secretary shall set aside not more than 2 

15 percent of such amounts for the administrative 

16 expenses of the Secretary in carrying out this 

17 subsection. 

18 (D) DETERMINATION OFSTUDENT EN19 ROLLMENTS.—Determinations under this para20 graph concerning student enrollments shall be 

21 made by the Secretary. 

22 (4) ADMINISTRATION OFAMOUNTS.—Amounts 

23 apportioned to a State under this subsection shall be 

24 administered by the State’s department of transpor25 tation. 
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1 (5) ELIGIBLE RECIPIENTS.—Amounts appor2 tioned to a State under this subsection shall be used 

3 by the State to provide financial assistance to State, 

4 local, and regional agencies, including nonprofit or5 ganizations, that demonstrate an ability to meet the 

6 requirements of this subsection. 

7 (6) ELIGIBLE PROJECTS AND ACTIVITIES.—

8 (A) INFRASTRUCTURE-RELATED

9 PROJECTS.—

10 (i) IN GENERAL.—Amounts appor11 tioned to a State under this subsection 

12 may be used for the planning, design, and 

13 construction of infrastructure-related 

14 projects that will substantially improve the 

15 ability of students to walk and bike to 

16 school, including sidewalk improvements, 

17 traffic calming and speed reduction im18 provements, pedestrian and bicycle cross19 ing improvements, on-street bicycle facili20 ties, off-street bicycle and pedestrian facili21 ties, secure bicycle parking facilities, and 

22 traffic diversion improvements in the vicin23 ity of schools. 

24 (ii) LOCATION OFPROJECTS.—Infra25 structure-related projects under subpara-
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•HR 3994 IH 

1 graph (A) may be carried out on any pub2 lic road or any bicycle or pedestrian path3 way or trail in the vicinity of schools. 

4 (B) NONINFRASTRUCTURE-RELATED AC5 TIVITIES.—

6 (i) IN GENERAL.—In addition to 

7 projects described in subparagraph (A), 

8 amounts apportioned to a State under this 

9 subsection may be used for noninfrastruc10 ture-related activities to encourage walking 

11 and bicycling to school, including public 

12 awareness campaigns and outreach to 

13 press and community leaders, traffic edu14 cation and enforcement in the vicinity of 

15 schools, student sessions on bicycle and pe16 destrian safety, health, and environment, 

17 and funding for training, volunteers, and 

18 coordinators of safe routes to school pro19 grams. 

20 (ii) ALLOCATION.—Not less than 10 

21 percent and not more than 30 percent of 

22 the amount apportioned to a State under 

23 this subsection for a fiscal year shall be 

24 used for noninfrastructure-related activities 

25 under this subparagraph. 
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1 (C) SAFE ROUTES TO SCHOOL COORDI2 NATOR.—Each State receiving an apportion3 ment under this subsection for a fiscal year 

4 shall use a sufficient amount of the apportion5 ment to fund a full-time position of coordinator 

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

7 (7) CLEARINGHOUSE.—

8 (A) IN GENERAL.—The Secretary shall 

9 make grants to a national nonprofit organiza10 tion engaged in promoting safe routes to 

11 schools to—

12 (i) operate a national safe routes to 

13 school clearinghouse; 

14 (ii) develop information and edu15 cational programs on safe routes to school; 

16 and

17 (iii) provide technical assistance and 

18 disseminate techniques and strategies used 

19 for successful safe routes to school pro20 grams. 

21 (B) FUNDING.—The Secretary shall carry 

22 out this paragraph using amounts set aside for 

23 administrative expenses under paragraph 

24 (3)(C). 

25 (8) TASK FORCE.—
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1 (A) IN GENERAL.—The Secretary shall es2 tablish a national safe routes to school task 

3 force composed of leaders in health, transpor4 tation, and education, including representatives 

5 of appropriate Federal agencies, to study and 

6 develop a strategy for advancing safe routes to 

7 school programs nationwide. 

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

9 2005, the Secretary shall transmit to Congress 

10 a report containing the results of the study con11 ducted, and a description of the strategy devel12 oped, under subparagraph (A). 

13 (C) FUNDING.—The Secretary shall carry 

14 out this paragraph using amounts set aside for 

15 administrative expenses under paragraph 

16 (3)(C). 

17 (9) APPLICABILITY OFTITLE 23.—Funds made 

18 available to carry out this subsection shall be avail19 able for obligation in the same manner as if such 

20 funds were apportioned under chapter 1 of title 23, 

21 United States Code; except that such funds shall not 

22 be transferable and shall remain available until ex23 pended and the Federal share of the cost of a 

24 project or activity under this section shall be 100 

25 percent. Notwithstanding any other provision of law, 
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1 projects assisted under this subsection shall be treat2 ed as projects on a Federal-aid system under such 

3 chapter. 

4 (10) DEFINITIONS.—In this subsection, the fol5 lowing definitions apply: 

6 (A) IN THE VICINITY OFSCHOOLS.—The 

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

8 respect to a school, the area within bicycling 

9 and walking distance of the school (approxi10 mately 2 miles). 

11 (B) PRIMARY AND MIDDLE SCHOOLS.—

12 The term ‘‘primary and middle schools’’ means 

13 schools providing education from kindergarten 

14 through eighth grade. 

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

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

17 title 23, United States Code. 

18 (c) NONMOTORIZED TRANSPORTATION PILOT PRO19 GRAM.—[Reserved.]

20 SEC. 1119. NATIONAL COMMISSIONS.

21 (a) NATIONAL COMMISSION ON FUTURE REVENUE

22 SOURCES TO SUPPORT THE HIGHWAY TRUST FUND.—

23 (1) ESTABLISHMENT.—There is established a 

24 National Commission on Future Revenue Sources to 

25 Support the Highway Trust Fund to conduct a 
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1 study evaluating alternative long-term sources of 

2 revenue to support the Highway Trust Fund, consid3 ering the findings, conclusions, and recommenda4 tions of a recent study by the Transportation Re5 search Board of the National Academy of Sciences 

6 on alternatives to the fuel tax to support highway 

7 program financing and other relevant prior research. 

8 (2) FUNCTIONS.—The Commission shall—

9 (A) oversee a comprehensive investigation 

10 of alternatives to replace the fuel tax as the 

11 principal revenue source to support the High12 way Trust Fund over at least the next 30 years; 

13 (B) consult with the Secretary of Trans14 portation and the Secretary of the Treasury to 

15 assure that their views concerning essential at16 tributes of Highway Trust Fund revenue alter17 natives are understood; 

18 (C) assure that State transportation agen19 cy views on alternative revenue sources to sup20 port State transportation improvement pro21 grams are appropriately considered and that 

22 any recommended Federal financing strategy 

23 take into account State financial requirements; 

24 and 
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1 (D) make specific recommendations re2 garding actions that need to be taken to develop 

3 alternative revenue sources to support the 

4 Highway Trust Fund and when those actions 

5 must be taken. 

6 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

7 The study under this subsection shall address spe8 cifically—

9 (A) advantages and disadvantages of alter10 native revenue sources to meet anticipated Fed11 eral surface transportation financial require12 ments; 

13 (B) the time frame within which actions 

14 must be taken to transition from the fuel tax to 

15 alternative revenue sources to support the 

16 Highway Trust Fund; 

17 (C) recommendations concerning the most 

18 promising revenue sources to support long-term 

19 Federal surface transportation financing re20 quirements; 

21 (D) development of a broad transition 

22 strategy to move from the current tax base to 

23 new funding mechanisms, including the time 

24 frame for various aspects of the transition 

25 strategy; 
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1 (E) recommendations for additional re2 search that may be needed to implement rec3 ommended alternatives; and 

4 (F) the extent to which revenues should re5 flect the relative use of the highway system. 

6 (4) MATTERS TO CONSIDER AND EVALUATE.—

7 To the maximum extent feasible, the Commission, in 

8 conducting the study under this subsection, shall 

9 consider and evaluate other related work that has 

10 been done by the Department of Transportation, the 

11 Department of Energy, the Transportation Research 

12 Board, and others. In developing recommendations 

13 under paragraph (2), the Commission shall con14 sider—

15 (A) the ability to generate sufficient reve16 nues to meet anticipated long term surface 

17 transportation financing needs; 

18 (B) the roles of the various levels of gov19 ernment and the private sector in meeting fu20 ture surface transportation financing needs; 

21 (C) administrative costs, including enforce22 ment, to implement each option; 

23 (D) potential taxpayer privacy concerns; 

24 (E) likely technological advances that could 

25 ease implementation of each option; 
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1 (F) the equity and economic efficiency of 

2 each option; 

3 (G) the flexibility of different options to 

4 allow various pricing alternatives to be imple5 mented; and 

6 (H) potential compatibility issues with 

7 States tax mechanisms under each alternative. 

8 (5) MEMBERSHIP.—

9 (A) APPOINTMENT.—[Reserved.] 

10 (B) QUALIFICATIONS.—Members ap11 pointed under subparagraph (A) shall have ex12 perience in public finance, surface transpor13 tation program administration, managing orga14 nizations that use surface transportation facili15 ties, academic research into related issues, or 

16 other activities that provide unique perspectives 

17 on current and future requirements for revenue 

18 sources to support the Highway Trust Fund. 

19 (C) TERMS.—Members shall be appointed 

20 for the life of the Commission. 

21 (D) VACANCIES.—A vacancy on the Com22 mission shall be filled in the manner in which 

23 the original appointment was made. 

24 (E) TRAVEL EXPENSES.—Members shall 

25 serve without pay but shall receive travel ex-
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•HR 3994 IH 

1 penses, including per diem in lieu of subsist2 ence, in accordance with sections 5702 and 

3 5703 of title 5, United States Code. 

4 (F) CHAIRMAN.—The Chairman of the 

5 Commission shall be elected by the members. 

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

7 services of an appropriate organization, agency, or 

8 firm to conduct the study under this subsection. The 

9 Commission shall provide strategic guidance for the 

10 study. Upon request of the Commission, the Sec11 retary of Transportation may detail, on a reimburs12 able basis, any of the personnel of that department 

13 to the Commission to assist it in carrying out its du14 ties under this subsection and shall provide to the 

15 Commission nonconfidential data and information as 

16 necessary to conduct and complete the study. 

17 (7) ADMINISTRATIVE SUPPORT SERVICES.—

18 Upon the request of the Commission, the Secretary 

19 shall provide to the Commission, on a reimbursable 

20 basis, the administrative support and services nec21 essary for the Commission to carry out its respon22 sibilities under this subsection. 

23 (8) REPORT AND RECOMMENDATIONS.—Not 

24 later than September 30, 2006, the Commission 

25 shall transmit to Congress a final report on the re-
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1 sults of the study conducted under this subsection, 

2 including recommendations to address the needs 

3 identified in the study. 

4 (9) TERMINATION.—The Commission shall ter5 minate on the 180th day following the date of trans6 mittal of the report under paragraph (8). By such 

7 180th day, the Commission shall deliver all records 

8 and papers of the Commission to the Administrator 

9 of the General Services for deposit in the National 

10 Archives. 

11 (10) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated from the 

13 Highway Trust Fund (other than the Mass Transit 

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

15 and 2005 to carry out this subsection. 

16 (11) APPLICABILITY OFTITLE 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 activities carried out under this 

22 subsection shall be 100 percent, and such funds 

23 shall remain available until expended. 

24 (b) DECLARATION OF POLICY REGARDING FUTURE

25 OFTHE INTERSTATE HIGHWAY SYSTEM STUDY.—Section 
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1 101(b) of title 23, United States Code, is amended by 

2 striking the last paragraph and inserting the following: 

3 ‘‘It is further declared that it is in the national inter4 est to preserve and enhance the Dwight D. Eisenhower 

5 National System of Interstate and Defense Highways to 

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

7 urban and long distance personal travel and freight move8 ment demands have surpassed the vision of the original 

9 Interstate System and travel demand patterns are ex10 pected to change. Continued planning for and investment 

11 in the Interstate System is critical to assure it adequately 

12 meets the changing travel demands of the future. Among 

13 the foremost needs that the Interstate System must pro14 vide are safe, efficient, and reliable (1) national and inter15 regional personal mobility, (2) flow of interstate com16 merce, and (3) travel movements essential for national se17 curity. To the maximum extent, actions under this title 

18 should address congestion, safety, and freight transpor19 tation to provide for a strong and vigorous national econ20 omy. The Interstate System is hereby declared to be the 

21 Nation’s premiere highway system, essential for the Na22 tion’s economic vitality, national security, and general wel23 fare. The Secretary of Transportation is directed to take 

24 appropriate actions to preserve and enhance the Interstate 
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1 System to meet the needs of the 21st century in accord2 ance with this title.’’. 

3 (c) NATIONAL COMMISSION ON FUTURE OF INTER4 STATE HIGHWAY SYSTEM.—

5 (1) ESTABLISHMENT.—There is established a 

6 National Commission on the Future of the Dwight 

7 D. Eisenhower National System of Interstate and 

8 Defense Highways (in this subsection referred to as 

9 the ‘‘Interstate System’’). 

10 (2) FUNCTION.—The Commission shall—

11 (A) conduct a study of the current condi12 tion and future of the Interstate System and 

13 develop a conceptual plan with alternative ap14 proaches for the future of the Interstate System 

15 to assure that the Interstate System will con16 tinue to serve the needs of the Nation; 

17 (B) assure that State transportation agen18 cy views are considered; and 

19 (C) make specific recommendations regard20 ing those design standards, Federal policies, 

21 and legislative changes that must be made to 

22 assure the national interests are served in meet23 ing future Interstate System needs. 
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1 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

2 The Commission shall assure that the study under 

3 this subsection specifically addresses the following: 

4 (A) CURRENT CONDITION.—The current 

5 condition and performance of the Interstate 

6 System, including physical condition of bridges 

7 and pavements and operational characteristics 

8 and performance, shall be examined, relying 

9 primarily on existing data sources. 

10 (B) FUTURE ASSESSMENT.—The future of 

11 the Interstate System, based on a range of leg12 islative and policy approaches for 15-, 30-, and 

13 50-year horizons. 

14 (4) SPECIFIC ISSUES AND DETAILS TO AD15 DRESS.—The following specific issues and details 

16 shall be addressed as a part of the study under this 

17 subsection: 

18 (A) DEMOGRAPHICS.—Expected demo19 graphics and business uses that impact trans20 portation. 

21 (B) USAGE.—Expected system use and ef22 fects of changing vehicle types, fleet size and 

23 weights, and traffic volumes. 

24 (C) NATURAL DISASTER.—Seismic and 

25 other vulnerabilities and their potential impacts. 
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1 (D) DESIGN STANDARDS.—Desirable de2 sign policies and standards for future improve3 ments, including safety improvement and addi4 tional access points. 

5 (E) SYSTEM WIDE NEEDS.—Identification 

6 of both urban and rural needs. 

7 (F) POTENTIAL SYSTEM EXPANSION, UP8 GRADES, OR OTHER CHANGES.—Deployment of 

9 advanced materials and intelligent technologies; 

10 critical multi-state rural corridors needing ca11 pacity, safety, and operational enhancements; 

12 urban and multi-state corridor additions; by13 passes of major cities that ensure efficient long14 haul travel; improvements to inter-modal link15 ages; strategies to enhance asset preservation; 

16 and implementation strategies. 

17 (G) COMMUNITY VALUES.—Consideration 

18 of alternative approaches to maintaining or en19 hancing community values in those neighbor20 hoods adjacent to the Interstate System. 

21 (H) ENVIRONMENTAL ISSUES.—Consider22 ation of alternative approaches to addressing 

23 environmental concerns relative to rec24 ommended alternatives. 
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1 (I) SYSTEM PERFORMANCE.—Evaluation 

2 and assessment of the current and future capa3 bilities for conducting system-wide real-time 

4 performance data collection and analysis, traffic 

5 monitoring, system operations and manage6 ment. 

7 (5) ALTERNATIVES.—A range of policy rec8 ommendations shall be developed as a part of the 

9 plan under this subsection to address identified fu10 ture needs of the Interstate System. The alternatives 

11 shall include funding needs and potential approaches 

12 to provide those funds. 

13 (6) MEMBERSHIP.—

14 (A) APPOINTMENT.—[Reserved.] 

15 (B) QUALIFICATIONS.—Members ap16 pointed under subparagraph (A) shall be ap17 pointed from among individuals that have a 

18 concern for maintaining a strong role for the 

19 Interstate System in the future of the Nation 

20 and may include representatives from Federal, 

21 State, and local governments, other transpor22 tation authorities or agencies, and organizations 

23 representing surface transportation owners and 

24 operators. 
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1 (C) TERMS.—Members shall be appointed 

2 for the life of the Commission. 

3 (D) VACANCIES.—A vacancy in the Com4 mission shall be filled in the manner in which 

5 the original appointment was made. 

6 (E) TRAVEL EXPENSES.—Member shall 

7 serve without pay but shall receive travel ex8 penses, including per diem in lieu of subsist9 ence, in accordance with sections 5702 and 

10 5703 of title 5, United States Code. 

11 (F) CHAIRMAN.—The Chairman of the 

12 Commission shall be elected by the members. 

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

14 services of an appropriate organization, agency, or 

15 firm to conduct the study under this subsection. The 

16 Commission will provide strategic guidance for the 

17 study. Upon request of the Commission, the Sec18 retary may detail, on a reimbursable basis, any of 

19 the personnel of the Department of Transportation 

20 to the Commission to assist it in carrying out its du21 ties under this section and shall provide to the Com22 mission such nonconfidential data and information 

23 as necessary to conduct the study. 

24 (8) ADMINISTRATIVE SUPPORT SERVICES.—

25 Upon the request of the Commission, the Secretary 
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1 shall provide to the Commission, on a reimbursable 

2 basis, the administrative support and services nec3 essary for the Commission to carry out its respon4 sibilities under this subsection. 

5 (9) REPORT AND RECOMMENDATIONS.—Not 

6 later than September 30, 2006, the Commission 

7 shall transmit to Congress a final report on the re8 sults of the study conducted under this subsection, 

9 including recommendations to address the needs 

10 identified in the study. 

11 (10) TERMINATION.—The Commission shall 

12 terminate on the 180th day following the date of 

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

14 such 180th day, the Commission shall deliver all 

15 records and papers of the Commission to the Admin16 istrator of the General Services for deposit in the 

17 National Archives. 

18 (11) AUTHORIZATION OFAPPROPRIATIONS.—

19 There is authorized to be appropriated from the 

20 Highway Trust Funds (other than the Mass Transit 

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

22 each of fiscal years 2005 and 2006. 

23 (12) APPLICABILITY OFTITLE 23, UNITED

24 STATES CODE.—Funds authorized to be appro25 priated by this section shall be available for obliga-
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1 tion in the same manner as if such funds were ap2 portioned under chapter 1 of title 23, United States 

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

4 activities carried out under this subsection shall be 

5 100 percent and such funds shall remain available 

6 until expended.

7 SEC. 1120. HYDROGEN INFRASTRUCTURE DEPLOYMENT 

8 PILOT PROGRAM. 

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

10 make grants to, and enter into cooperative agreements 

11 and other transactions with, Federal and other public 

12 agencies (including State and local governments), private 

13 organizations, and other persons for the demonstration 

14 and testing of hydrogen transportation and refueling in15 frastructure necessary to support the use of next genera16 tion highway vehicle technologies. 

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

18 are authorized to be appropriated from the Highway Trust 

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

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

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

22 $10,000,000 for fiscal year 2007, $10,000,000 for fiscal 

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

24 (c) APPLICABILITY OF TITLE 23, UNITED STATES

25 CODE.—Funds authorized to be appropriated by this sec-
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1 tion shall be available for obligation in the same manner 

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

3 23, United States Code; except that the Federal share of 

4 the cost of a project or activity carried out under this sec5 tion shall be 80 percent and such funds shall remain avail6 able until expended. 

7 SEC. 1121. ADJUSTMENTS FOR THE SURFACE TRANSPOR8 TATION EXTENSION ACT OF 2003. 

9 [To be supplied.] 

10 Subtitle B—Congestion Relief 

11 SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. 

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

13 amended by inserting after section 138 the following: 

14 ‘‘§ 139. Motor vehicle congestion relief 

15 ‘‘(a) IN GENERAL.—Each State that has an urban16 ized area with an urbanized area population of over 

17 200,000 individuals shall obligate in each of fiscal years 

18 2004 through 2009 a portion of the State’s apportion19 ments under section 104(b) in such fiscal year, as cal20 culated under subsection (b), for congestion relief activi21 ties in such urbanized areas in accordance with this sec22 tion. 

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

24 State’s apportionments for a fiscal year to be obligated 
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1 for congestion relief activities under subsection (a) shall 

2 be determined by multiplying—

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

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

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

6 ‘‘(2) 10 percent; by 

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

8 residing in urbanized areas of the State with an ur9 banized area population of over 200,000 individuals. 

10 ‘‘(c) ALLOCATION BETWEEN UNDER ONE AND

11 UNDER THREE CONGESTION RELIEF ACTIVITIES.—Of 

12 the total amount of a State’s apportionments to be obli13 gated for congestion relief activities for a fiscal year as 

14 calculated under subsection (b)—

15 ‘‘(1) 40 percent shall be obligated for under one 

16 congestion relief activities; 

17 ‘‘(2) 35 percent shall be obligated for under 

18 three congestion relief activities; and 

19 ‘‘(3) 25 percent shall be obligated at the discre20 tion of the State department of transportation for 1 

21 or more of the following: 

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

23 ‘‘(B) Under three congestion relief activi24 ties. 
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1 ‘‘(C) Capital costs for transit projects that 

2 are eligible for assistance under chapter 53 of 

3 title 49. 

4 ‘‘(D) Demand relief projects and activities 

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

6 modes of transportation or that reduce the 

7 overall level of demand for roads through such 

8 means as telecommuting, ridesharing, alter9 native work hour programs, and value pricing. 

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

11 the requirements of this section, the amounts obligated by 

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

13 shall be allocated among the individual programs for 

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

15 104(b)(2), 104(b)(3), and 104(b)(4). 

16 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

17 Nothing in this section shall be construed as altering or 

18 otherwise affecting the applicability of the requirements 

19 of this chapter (including requirements relating to the eli20 gibility of a project for assistance under the program, the 

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

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

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

24 the State for congestion relief activities under subsection 

25 (a). 
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1 ‘‘(f) JOINT RESPONSIBILITY.—Each State, each af2 fected metropolitan planning organization, and the Sec3 retary shall jointly ensure compliance with this section. 

4 ‘‘(g) TRANSFERS.—

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

6 portion of the amount that the State must obligate 

7 for under one congestion relief activities in a fiscal 

8 year under this section to the amount the State 

9 must obligate for under three congestion relief ac10 tivities under this section if the State certifies to the 

11 Secretary that there are no under one congestion re12 lief activities for which such portion can be obligated 

13 in such fiscal year and the Secretary does not dis14 approve such transfer within 30 days after the date 

15 of such certification. 

16 ‘‘(2) LIMITATION.—The amount that a State 

17 may transfer in a fiscal year under this subsection 

18 may not reduce the amount the State must obligate 

19 for under one congestion relief activities to less than 

20 10 percent of the total amount of the State’s appor21 tionments to be obligated for congestion relief activi22 ties for such fiscal year as calculated under sub23 section (b). 

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

25 State under this subsection for a fiscal year shall be 
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1 included in the amount of the State’s apportion2 ments allocated for under three congestion relief ac3 tivities for such fiscal year under subsection (c)(2). 

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

5 definitions apply: 

6 ‘‘(1) CONGESTION RELIEFACTIVITIES.—

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

8 relief activity’ means any activity, project, or 

9 program that has as its primary purpose, as de10 termined by the State transportation depart11 ment, the relief of motor vehicle congestion. 

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

13 the following: 

14 ‘‘(i) Relief of motor vehicle congestion 

15 through additional capacity, construction 

16 of additional lanes, improvements to inter17 changes, improved access to major termi18 nals, construction of parallel roads, con19 struction of truck only lanes, and major 

20 arterial improvements. 

21 ‘‘(ii) Transportation systemwide oper22 ational improvements targeted at increas23 ing motor vehicle travel reliability through 

24 such means as incident management pro-
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1 grams, traffic monitoring and surveillance, 

2 and traveler information initiatives. 

3 ‘‘(iii) Maximizing efficient use of ex4 isting motor vehicle travel capacity through 

5 such means as reversible lanes, coordinated 

6 traffic signalization, and managed lanes or 

7 other lane management strategies. 

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

9 include demand relief projects and activities 

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

11 modes of transportation or that reduce the 

12 overall level of demand for roads through such 

13 means as telecommuting, ridesharing, alter14 native work hour programs, and value pricing. 

15 ‘‘(2) UNDER ONE CONGESTION RELIEFACTIVI16 TIES.—The term ‘under one congestion relief activ17 ity’ means a congestion relief activity that—

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

19 after the date of commencement of onsite im20 provements; 

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

22 $1,000,000; and 

23 ‘‘(C) will improve conditions in the applica24 ble area and is an element of the congestion 

25 management system. 
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1 ‘‘(3) UNDER THREE CONGESTION RELIEFAC2 TIVITIES.—The term ‘under three congestion relief 

3 activities’ means congestion relief activities that—

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

5 the date of commencement of onsite improve6 ments; and 

7 ‘‘(B) will improve conditions in the applica8 ble area and is an element of the congestion 

9 management system.’’. 

10 (b) CONFORMING AMENDMENT.—The analysis for 

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

12 item relating to section 138 the following:

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

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

14 States Code, is amended—

15 (1) in section 154(a)(2), relating to the defini16 tion of motor vehicle, by inserting ‘‘streets, roads, 

17 and’’ before ‘‘highways’’; 

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

19 154(a) as paragraph (38); 

20 (3) by moving such redesignated paragraph 

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

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

23 section 154(a) as paragraphs (2) and (3), respec24 tively; 

25 (5) in section 153(i)—
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1 (A) by striking paragraph (2); and 

2 (B) by redesignating paragraphs (3) and 

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

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

5 and all that follows through ‘‘rail line or’’ and in6 serting ‘‘does not include’’; and 

7 (7) in section 405(f)—

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

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

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

11 (5).

12 SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND 

13 OPERATIONS. 

14 (a) DEFINITIONS.—

15 (1) OPERATING COSTS FOR TRAFFIC MONI16 TORING, MANAGEMENT, AND CONTROL.—Section 

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

18 amended by inserting ‘‘transportation systems man19 agement and operations and’’ after ‘‘associated 

20 with’’. 

21 (2) OPERATIONAL IMPROVEMENT.—Section 

22 101(a)(18)(A)(i) of such title is amended—

23 (A) by inserting ‘‘transportation systems 

24 management and operations, including’’ after 

25 ‘‘for’’; and 
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1 (B) by inserting ‘‘equipment and programs 

2 for transportation response to natural disas3 ters,’’ after ‘‘incident management programs,’’. 

4 (4) TRANSPORTATION SYSTEMS MANAGEMENT

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

6 further amended by adding at the end the following: 

7 ‘‘(39) TRANSPORTATION SYSTEMS MANAGE8 MENT AND OPERATIONS.—

9 ‘‘(A) IN GENERAL.—The term ‘transpor10 tation systems management and operations’ 

11 means an integrated program to optimize the 

12 performance of existing infrastructure through 

13 the implementation of multimodal and inter14 modal, cross-jurisdictional systems, services, 

15 and projects designed to preserve capacity and 

16 improve the security, safety, and reliability of 

17 Federal-aid highways. 

18 ‘‘(B) INCLUDED ACTIVITIES AND IMPROVE19 MENTS.—The term includes regional operations 

20 collaboration and coordination activities be21 tween transportation and public safety agencies 

22 and improvements such as traffic detection and 

23 surveillance, arterial management, freeway 

24 management, demand management, work zone 

25 management, emergency management, elec-
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1 tronic toll collection, automated enforcement, 

2 traffic operations measures to improve capacity, 

3 traffic signal coordination, optimization of traf4 fic signal timing, traffic incident management, 

5 roadway weather management, traveler infor6 mation services, commercial vehicle operations, 

7 traffic control, freight management, and coordi8 nation of highway, rail, transit, bicycle, and pe9 destrian operations.’’. 

10 (b) CONGESTION MITIGATION AND AIR QUALITY IM11 PROVEMENT PROGRAM ELIGIBILITY.—Section 149(b)(5) 

12 of such title is amended by inserting ‘‘improve transpor13 tation systems management and operations,’’ after ‘‘inter14 sections,’’

15 (c) SURFACE TRANSPORTATION PROGRAM ELIGI16 BILITY.—Section 133(b) of such title is amended by add17 ing at the end the following: 

18 ‘‘(15) Regional transportation operations col19 laboration and coordination activities that are asso20 ciated with regional improvements, including activi21 ties for traffic incident management, technology de22 ployment, emergency management and response, 

23 traveler information, and regional congestion re24 lief.’’. 
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1 (d) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—

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

3 the end the following: 

4 ‘‘(Q) Capital, operating, and systems main5 tenance costs for transportation systems man6 agement and operations.’’. 

7 (e) TRANSPORTATION SYSTEMS MANAGEMENT AND

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

9 further amended by adding at the end the following: 

10 ‘‘§ 166. Transportation systems management and op11 erations 

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

13 ‘‘(1) encourage transportation system man14 agers, operators, public safety officials, and trans15 portation planners within an urbanized area, who 

16 are actively engaged in and responsible for con17 ducting activities relating to day-to-day manage18 ment, operations, public safety, and planning of 

19 transportation facilities and services, to collaborate 

20 and coordinate on a regional level in a continuous 

21 and sustained manner for improved transportation 

22 systems management and operations, including, at a 

23 minimum— 

24 ‘‘(A) developing a regional concept of oper25 ations that defines a regional strategy shared 
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1 by all transportation and public safety partici2 pants for how the region’s systems should be 

3 managed, operated, and measured; 

4 ‘‘(B) sharing of information among opera5 tors, service providers, public safety officials, 

6 and the general public; and 

7 ‘‘(C) guiding, in a regionally-coordinated 

8 manner, the implementation of regional trans9 portation system management and operations 

10 initiatives, including emergency evacuation and 

11 response, traffic incident management, tech12 nology deployment, and traveler information 

13 systems delivery, in a manner consistent with 

14 and integrated into the ongoing metropolitan 

15 and statewide transportation planning processes 

16 and regional intelligent transportation system 

17 architecture, if required; and 

18 ‘‘(2) encourage States to establish a system of 

19 basic real-time monitoring capability for the surface 

20 transportation system and provide the capability and 

21 means to share that data among agencies (including 

22 highway, transit, and public safety agencies), juris23 dictions (including States, cities, counties, and areas 

24 represented by metropolitan planning organizations), 

25 private-sector entities, and the traveling public. 
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1 ‘‘(b) EXECUTION.—To support the successful execu2 tion of transportation systems management and oper3 ations activities, the Secretary may undertake the fol4 lowing activities: 

5 ‘‘(1) Assist and cooperate with other Federal 

6 departments and agencies, State and local govern7 ments, metropolitan planning organizations, private 

8 industry representatives, and other interested parties 

9 to improve regional collaboration and real-time infor10 mation sharing between transportation system man11 agers and operators, public safety officials, emer12 gency managers, and the general public to increase 

13 the security, safety, and reliability of Federal-aid 

14 highways. 

15 ‘‘(2) Issue, if necessary, new guidance or regu16 lations for the procurement of transportation system 

17 management and operations facilities, equipment, 

18 and services, including equipment procured in prepa19 ration for natural disasters and emergencies, system 

20 hardware, software, and software integration serv21 ices.’’. 

22 (e) CONFORMING AMENDMENT.—The analysis for 

23 such chapter is further amended by adding at the end the 

24 following:

‘‘166. Transportation systems management and operations.’’.
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1 (f) COMMISSION ON INTELLIGENT TRANSPORTATION

2 SYSTEM PROCUREMENT POLICY.—

3 (1) ESTABLISHMENT.—There is established a 

4 Commission on Intelligent Transportation System 

5 Procurement Policy. 

6 (2) DUTIES.—

7 (A) IN GENERAL.—The Commission 

8 shall—

9 (i) conduct a study of the current 

10 policies and practices for the procurement 

11 of intelligent transportation system facili12 ties, equipment, and services; and 

13 (ii) develop a conceptual plan with al14 ternative approaches for expediting and 

15 streamlining such procurements at the 

16 State level. 

17 (B) RECOMMENDATIONS.—Based on the 

18 study under subparagraph (A), the Commission 

19 shall make recommendations in its report under 

20 paragraph (7) regarding procurement stand21 ards, including recommendations regarding any 

22 changes in Federal and State statutes, regula23 tions, and policies necessary to ensure that na24 tional interests are served in meeting future in25 telligent transportation system needs. 
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1 (3) SPECIFIC MATTERS TO BE ADDRESSED.—

2 The study under paragraph (2) shall specifically ad3 dress the following: 

4 (A) CURRENT CONDITION.—The current 

5 practices and policies relating to procurement of 

6 intelligent transportation system facilities, 

7 equipment, and services, including equipment 

8 procured in preparation for natural disasters 

9 and emergencies, system hardware, software, 

10 and software integration services. 

11 (B) ASSESSMENT OFNEED FOR POLICY

12 REFORM.—The ability of current practices and 

13 policies to achieve the successful implementa14 tion of intelligent transportation system goals 

15 and the need for national policy reform to expe16 dite and streamline procurements necessary to 

17 meet such goals. 

18 (C) ALTERNATIVES.—The range of legisla19 tive, regulatory, and policy alternatives to ad20 dress identified needs and goals, including fund21 ing needs. 

22 (D) RECOMMENDATIONS.—Recommenda23 tions regarding procurement standards, includ24 ing recommendations regarding any changes in 

25 Federal and State statutes, regulations, and 
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1 policies necessary for expedited and streamlined 

2 procurements. 

3 (4) MEMBERSHIP.— 

4 (A) APPOINTMENTS.—[Reserved.] 

5 (B) TERMS.—Members shall be appointed 

6 for the life of the Commission. 

7 (C) VACANCIES.—A vacancy in the Com8 mission shall be filled in the manner in which 

9 the original appointment was made. 

10 (D) TRAVEL EXPENSES.—Members shall 

11 serve without pay but shall receive travel ex12 penses, including per diem in lieu of subsist13 ence, in accordance with sections 5702 and 

14 5703 of title 5, United States Code. 

15 (5) STAFF.—

16 (A) IN GENERAL.—The Commission may 

17 engage the services of an appropriate organiza18 tion, agency, or firm to conduct the study under 

19 paragraph (2), but the Commission shall pro20 vide strategic guidance for the study. 

21 (B) DETAIL STAFF.—Upon request of the 

22 Commission, the Secretary may detail, on a re23 imbursable basis, any of the personnel of the 

24 Department of Transportation to the Commis-
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1 sion to assist the Commission in carrying out 

2 its duties under this subsection. 

3 (C) COOPERATION.—The Secretary shall 

4 cooperate with the Commission in the study, in5 cluding providing the Commission with such 

6 nonconfidential data and information as nec7 essary for conducting and completing the study. 

8 (6) ADMINISTRATIVE SUPPORT SERVICES.—

9 Upon the request of the Commission, the Secretary 

10 shall provide to the Commission, on a reimbursable 

11 basis, the administrative support and services nec12 essary for the Commission to carry out its respon13 sibilities under this subsection. 

14 (7) REPORT AND RECOMMENDATIONS.—Not 

15 later than September 30, 2005, the Commission 

16 shall transmit to the appropriate committees of Con17 gress a final report regarding the results of the 

18 study under paragraph (2) and recommendations to 

19 address the needs identified in such study. 

20 (8) TERMINATION.—The Commission shall ter21 minate on the 180th day after the date of trans22 mittal of the report under paragraph (7). All records 

23 and papers of the Commission shall thereupon be de24 livered to the Administrator of General Services for 

25 deposit in the National Archives. 
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1 (9) AUTHORIZATION OFAPPROPRIATIONS.—

2 There is authorized to be appropriated from the 

3 Highway Trust Fund (other than the Mass Transit 

4 Account) $1,000,000 in fiscal year 2004 to carry out 

5 this subsection. 

6 (10) APPLICABILITY OFTITLE 23.—Funds 

7 made available to carry out this subsection shall be 

8 available for obligation in the same manner as if 

9 such funds were apportioned under chapter 1 of title 

10 23, United States Code; except that the Federal 

11 share of the cost of the study under paragraph (2) 

12 and other costs of the Commission under this sub13 section shall be 100 percent and such funds shall re14 main available until expended. 

15 SEC. 1203. REAL-TIME SYSTEM MANAGEMENT INFORMA16 TION PROGRAM. 

17 (a) ESTABLISHMENT.—

18 (1) IN GENERAL.—The Secretary shall establish 

19 a real-time system management information pro20 gram to provide, in all States, the capability to mon21 itor, in real-time, the traffic and travel conditions of 

22 the Nation’s major highways and to share that in23 formation to improve the security of the surface 

24 transportation system, to address congestion prob25 lems, to support improved response to weather 
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1 events and surface transportation incidents, and to 

2 facilitate national and regional highway traveler in3 formation. 

4 (2) PURPOSES.—The purposes of the real-time 

5 system management information program are to—

6 (A) establish, in all States, a system of 

7 basic real-time information for managing and 

8 operating the surface transportation system; 

9 (B) identify longer range real-time high10 way and transit monitoring needs and develop 

11 plans and strategies for meeting such needs; 

12 and 

13 (C) provide the capability and means to 

14 share that data with State and local govern15 ments and the traveling public. 

16 (b) NATIONAL STEERING COMMITTEE.—

17 (1) IN GENERAL.—The Secretary shall establish 

18 a national steering committee to assist in the devel19 opment of data exchange formats under subsection 

20 (c). 

21 (2) REPRESENTATIVES.—The national steering 

22 committee shall consist of representatives of State 

23 transportation departments, metropolitan planning 

24 organizations, local governments, nonprofit entities, 

25 the private sector, and academia. 
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1 (3) PURPOSE.—The purpose of the national 

2 steering committee shall be to provide guidance re3 garding the content and uniformity of data exchange 

4 formats. 

5 (c) DATA EXCHANGE FORMATS.—Not later than 2 

6 years after the date of enactment of this Act, the Sec7 retary shall establish data exchange formats based on rec8 ommendations of the steering committee established under 

9 subsection (b) to ensure that the data provided by highway 

10 and transit monitoring systems, including statewide inci11 dent reporting systems, can readily be exchanged across 

12 jurisdictional boundaries, facilitating nationwide avail13 ability of information. 

14 (d) REGIONAL INTELLIGENT TRANSPORTATION SYS15 TEM ARCHITECTURE.—

16 (1) ADDRESSING INFORMATION NEEDS.—As 

17 State and local governments develop or update re18 gional intelligent transportation system architec19 tures, described in section 940.9 of title 23, Code of 

20 Federal Regulations, such governments shall explic21 itly address real-time highway and transit informa22 tion needs and the systems needed to meet such 

23 needs, including addressing coverage, monitoring 

24 systems, data fusion and archiving, and methods of 
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1 exchanging or sharing highway and transit informa2 tion. 

3 (2) DATA EXCHANGE.—States shall incorporate 

4 the data exchange formats established by the Sec5 retary under subsection (c) to ensure that the data 

6 provided by highway and transit monitoring systems 

7 may readily be exchanged with State and local gov8 ernments and the traveling public. 

9 (e) ELIGIBILITY.—Subject to project approval by the 

10 Secretary, a State may obligate funds apportioned to the 

11 State under sections 104(b)(1), 104(b)(2), and 104(b)(3) 

12 of title 23, United States Code, for activities related to 

13 the planning and deployment of real-time monitoring ele14 ments that advance the goals and purposes described in 

15 subsection (a). 

16 (f) LIMITATION ON STATUTORY CONSTRUCTION.—

17 Nothing in this section shall be construed as altering or 

18 otherwise affecting the applicability of the requirements 

19 of chapter 1 of title 23, United States Code (including 

20 requirements relating to the eligibility of a project for as21 sistance under the program, the location of the project, 

22 and the Federal-share payable on account of the project), 

23 to amounts apportioned to a State for a program under 

24 section 104(b) that are obligated by the State for activities 

25 and projects under this section. 
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1 (g) STATEWIDE INCIDENT REPORTING SYSTEM DE2 FINED.—In this section, the term ‘‘statewide incident re3 porting system’’ means a statewide system for facilitating 

4 the real-time electronic reporting of surface transportation 

5 incidents to a central location for use in monitoring the 

6 event, providing accurate traveler information, and re7 sponding to the incident as appropriate. 

8 SEC. 1204. EXPEDITED NATIONAL INTELLIGENT TRANSPOR9 TATION SYSTEMS DEPLOYMENT PROGRAM. 

10 (a) ESTABLISHMENT.—The Secretary shall establish 

11 a comprehensive program to accelerate the integration, 

12 interoperability, and deployment of intelligent transpor13 tation systems in order to improve the performance of the 

14 surface transportation system in metropolitan and rural 

15 areas. 

16 (b) SELECTION OF MODEL PROJECTS.—Under the 

17 program, the Secretary may make grants, through com18 petitive solicitation, for projects that will serve as models 

19 to improve transportation efficiency, promote surface 

20 transportation safety (including safe freight movement), 

21 increase traffic flow (including the flow of intermodal trav22 el at ports of entry), reduce emissions of air pollutants, 

23 improve traveler information, enhance alternative trans24 portation modes, build on existing intelligent transpor25 tation system projects, and promote tourism. 
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1 (c) OTHER PROJECTS, PROGRAMS, AND ACTIVI2 TIES.—Under the program, the Secretary may make 

3 grants for projects, programss and activities in metropoli4 tan and rural areas that—

5 (1) contribute to national deployment goals and 

6 objectives outlined in the national intelligent trans7 portation system program plan; 

8 (2) promote cooperation among agencies, juris9 dictions, and the private sector, as evidenced by 

10 signed memoranda of understanding that clearly de11 fine the responsibilities and relations of all parties to 

12 a partnership arrangement, including institutional 

13 relationships and financial agreements needed to 

14 support deployment of intelligent transportation sys15 tems; 

16 (3) encourage private sector involvement and fi17 nancial commitment to such deployment to the max18 imum extent practicable through innovative financial 

19 arrangements, especially public-private partnerships, 

20 including arrangements that generate revenue to off21 set public investment costs; 

22 (4) enhance fully integrated intelligent trans23 portation system deployment; 

24 (5) create technical capacity for effective oper25 ations and maintenance of such systems; 
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1 (6) improve safety, mobility, geographic and re2 gional diversity, and economic development in de3 ployment of such systems; 

4 (7) advance deployment of the 511 traveler in5 formation program; and 

6 (8) advance deployment of other national sys7 tems, including a statewide incident reporting sys8 tem, wireless e-911 system, and road weather infor9 mation system. 

10 (d) APPLICABILITY OF TITLE 23, UNITED STATES

11 CODE.—Funds authorized to be appropriated under sec12 tion 1101(a)(16) of this Act shall be available for obliga13 tion to carry out subsection (c)(7) in the same manner 

14 and to the same extent as if such funds were apportioned 

15 under chapter 1 of title 23, United States Code; except 

16 that the Federal share of the cost of projects carried out 

17 under subsection (c)(7) shall be 80 percent and such funds 

18 shall remain available until expended. 

19 SEC. 1205. INTELLIGENT TRANSPORTATION SYSTEMS DE20 PLOYMENT. 

21 (a) PURPOSE.—The purpose of this section is to en22 sure that a minimum of $3,000,000,000 of the amounts 

23 authorized to be appropriated for the National Highway 

24 System, Interstate maintenance, surface transportation, 

25 and congestion mitigation and air quality improvement 
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1 programs for fiscal years 2004 through 2009 is utilized 

2 to expand deployment of intelligent transportation sys3 tems. 

4 (b) IN GENERAL.—Chapter 1 of title 23, United 

5 States Code, is amended by inserting after section 149 the 

6 following: 

7 ‘‘§ 150. Deployment of intelligent transportation sys8 tems 

9 ‘‘(a) IN GENERAL.—In each of fiscal years 2004 

10 through 2009, each State shall obligate a portion of the 

11 funds apportioned to the State under sections 104(b)(1), 

12 104(b)(2), 104(b)(3), and 104(b)(4) for such fiscal year, 

13 calculated under subsection (b), for projects described in 

14 subsection (c) that support deployment of intelligent 

15 transportation systems in the State. 

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

17 State’s apportionments to be obligated under subsection 

18 (a) for projects described in subsection (c) in a fiscal year 

19 shall be determined by multiplying $500,000,000 by the 

20 ratio that—

21 ‘‘(1) the aggregate of amounts apportioned to 

22 the State for such fiscal year under sections 

23 104(b)(1), 104(b)(2), 104(b)(3), and 104(b)(4); 

24 bears to 
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1 ‘‘(2) the aggregate of amounts apportioned to 

2 all States for such fiscal year under such sections. 

3 ‘‘(c) INTELLIGENT TRANSPORTATION SYSTEMS DE4 PLOYMENT PROJECTS.—Projects for which funds must be 

5 obligated under this section include the following: 

6 ‘‘(1) PERFORMANCE.—Establishment and im7 plementation of operations systems and services that 

8 improve performance in the areas of traffic oper9 ations, emergency response to surface transportation 

10 incidents, surface transportation incident manage11 ment, weather event response management by State 

12 and local authorities, surface transportation network 

13 and facility management, construction and work 

14 zone management, and traffic flow information. 

15 ‘‘(2) NETWORKS.—Conducting activities that 

16 support the creation of networks that link metropoli17 tan and rural surface transportation systems into an 

18 integrated data network, capable of collecting, shar19 ing, and archiving transportation system traffic con20 dition and performance information. 

21 ‘‘(3) SAFETY.—Implementation of intelligent 

22 transportation system technologies that improve 

23 highway safety through linkages connecting the vehi24 cle, the infrastructure, and information to the driver. 
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1 ‘‘(4) OPERATION AND MANAGEMENT.—Provi2 sion of services necessary to ensure the efficient op3 eration and management of intelligent transpor4 tation systems infrastructure, including costs associ5 ated with communications, utilities, rent, hardware, 

6 software, labor, administrative costs, training, and 

7 technical services. 

8 ‘‘(5) INTERAGENCY SUPPORT.—Provision of 

9 support for institutional relationships between trans10 portation agencies, police, emergency medical serv11 ices, private emergency operators, freight operators, 

12 and shippers. 

13 ‘‘(6) PLANNING.—Conducting cross-jurisdic14 tional planning and deployment of regional transpor15 tation systems operations and management ap16 proaches. 

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

18 the requirements of this section, the amounts obligated by 

19 a State for projects under subsection (c) that support de20 ployment of intelligent transportation systems in such 

21 State under subsection (a) shall be allocated among the 

22 individual programs for which funds are apportioned 

23 under sections 104(b)(1), 104(b)(2), 104(b)(3), and 

24 104(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 projects under this section. 

10 ‘‘(f) JOINT RESPONSIBILITY.—Each State, each af11 fected metropolitan planning organization, and the Sec12 retary shall jointly ensure compliance with this section.’’. 

13 (c) CONFORMING AMENDMENT.—The analysis for 

14 such chapter is amended by inserting after the item relat15 ing to section 149 the following:

‘‘150. Deployment of intelligent transportation systems.’’.

16 SEC. 1206. ENVIRONMENTAL REVIEW OF ACTIVITIES THAT 

17 SUPPORT DEPLOYMENT OF INTELLIGENT 

18 TRANSPORTATION SYSTEMS. 

19 [Reserved.] 

20 SEC. 1207. ASSUMPTION OF RESPONSIBILITY FOR CERTAIN 

21 PROGRAMS AND PROJECTS. 

22 [Reserved.] 

23 SEC. 1208. HOV LANES. 

24 [Reserved.] 
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1 SEC. 1209. CONGESTION PRICING PILOT PROGRAM. 

2 [Reserved.] 

3 Subtitle C—Mobility and Efficiency 

4 SEC. 1301. NATIONAL CORRIDOR INFRASTRUCTURE IM5 PROVEMENT PROGRAM. 

6 [Reserved.]

7 SEC. 1302. COORDINATED BORDER INFRASTRUCTURE PRO8 GRAM. 

9 (a) GENERAL AUTHORITY.—The Secretary shall im10 plement a coordinated border infrastructure program 

11 under which the Secretary shall distribute funds to border 

12 States to improve the safe movement of motor vehicles at 

13 or across the border between the United States and Can14 ada and the border between the United States and Mexico. 

15 (b) ELIGIBLE USES.—A State may use funds appor16 tioned under this section only for—

17 (1) improvements in a border region to existing 

18 transportation and supporting infrastructure that fa19 cilitate cross-border motor vehicle and cargo move20 ments; 

21 (2) construction of highways and related safety 

22 and safety enforcement facilities in a border region 

23 that facilitate motor vehicle and cargo movements 

24 related to international trade; 

25 (3) operational improvements in a border re26 gion, including improvements relating to electronic 
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1 data interchange and use of telecommunications, to 

2 expedite cross border motor vehicle and cargo move3 ment; 

4 (4) modifications to regulatory procedures to 

5 expedite safe and efficient cross border motor vehicle 

6 and cargo movements; and 

7 (5) international coordination of transportation 

8 planning, programming, and border operation with 

9 Canada and Mexico relating to expediting cross bor10 der motor vehicle and cargo movements. 

11 (c) APPORTIONMENT OF FUNDS.—On October 1 of 

12 each fiscal year, the Secretary shall apportion among bor13 der States sums authorized to be appropriated to carry 

14 out this section for such fiscal year as follows: 

15 (1) 20 percent in the ratio that—

16 (A) the total number of incoming commer17 cial trucks that pass through the land border 

18 ports of entry within the boundaries of a border 

19 State, as determined by the Secretary; bears to 

20 (B) the total number of incoming commer21 cial trucks that pass through such ports of 

22 entry within the boundaries of all the border 

23 States, as determined by the Secretary. 

24 (2) 30 percent in the ratio that—
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1 (A) the total number of incoming personal 

2 motor vehicles and incoming buses that pass 

3 through land border ports of entry within the 

4 boundaries of a border State, as determined by 

5 the Secretary; bears to 

6 (B) the total number of incoming personal 

7 motor vehicles and incoming buses that pass 

8 through such ports of entry within the bound9 aries of all the border States, as determined by 

10 the Secretary. 

11 (3) 25 percent in the ratio that—

12 (A) the total weight of incoming cargo by 

13 commercial trucks that pass through land bor14 der ports of entry within the boundaries of a 

15 border State, as determined by the Secretary; 

16 bears to 

17 (B) the total weight of incoming cargo by 

18 commercial trucks that pass through such ports 

19 of entry within the boundaries of all the border 

20 States, as determined by the Secretary. 

21 (4) 25 percent of the ratio that—

22 (A) the total number of land border ports 

23 of entry within the boundaries of a border 

24 State, as determined by the Secretary; bears to 
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1 (B) the total number of land border ports 

2 of entry within the boundaries of all the border 

3 States, as determined by the Secretary. 

4 (d) APPLICABILITY OF TITLE 23.—Funds made 

5 available to carry out this section shall be available for 

6 obligation in the same manner as if such funds were ap7 portioned under chapter 1 of title 23, United States Code; 

8 except that such funds shall not be transferable and shall 

9 remain available until expended and the Federal share of 

10 the cost of a project under this section shall be 80 percent. 

11 (e) DEFINITIONS.—In this section, the following defi12 nitions apply: 

13 (1) BORDER REGION.—The term ‘‘border re14 gion’’ means any portion of a border State within 20 

15 miles of an international land border with Canada or 

16 Mexico. 

17 (2) BORDER STATE.—The term ‘‘border State’’ 

18 means any State that has an international land bor19 der with Canada or Mexico. 

20 (3) COMMERCIAL TRUCK.—The term ‘‘commer21 cial truck’’ means a commercial motor vehicle as de22 fined in section 31301(4) (other than subparagraph 

23 (B)) of title 49, United States Code. 
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1 (4) MOTOR VEHICLE.—The term ‘‘motor vehi2 cle’’ has the meaning such term has under section 

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

4 (5) STATE.—The term ‘‘State’’ has the mean5 ing such term has in section 101(a) of such title 23. 

6 SEC. 1303. FREIGHT INTERMODAL CONNECTORS. 

7 (a) IN GENERAL.—

8 (1) ESTABLISHMENT.—The Secretary shall es9 tablish a freight intermodal connector program to 

10 improve productivity and improve the efficiency of 

11 the transportation of freight, while mitigating con12 gestion in the area of freight intermodal connectors. 

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

14 shall be—

15 (A) to facilitate and support intermodal 

16 freight transportation initiatives at the State 

17 and local levels in order to improve freight 

18 intermodal connectors and mitigate the impact 

19 of congestion in the area of such connectors; 

20 and 

21 (B) to provide capital funding to address 

22 infrastructure and freight operational needs at 

23 freight intermodal connectors. 

24 (b) STATE RESPONSIBILITIES.—Under the program, 

25 each State shall ensure that intermodal freight transpor-
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1 tation and trade facilitation and are adequately addressed 

2 integrated into the project development process, including 

3 transportation planning, through final design and con4 struction of freight related transportation projects. 

5 (c) ELIGIBLE PROJECTS.—

6 (1) IN GENERAL.—Projects eligible for funding 

7 under this section may include the construction of 

8 and improvements to publicly owned freight inter9 modal connectors, the provision of access to such 

10 connectors, and operational improvements for such 

11 connectors (including capital investment for intel12 ligent transportation systems); except that a project 

13 located within the boundaries of an intermodal 

14 freight facility shall only include highway infrastruc15 ture modifications necessary to facilitate direct inter16 modal access between the connector and the facility. 

17 (2) SPECIAL RULE.—If a State that does not 

18 have any freight intermodal connectors within its 

19 boundaries or has only freight intermodal connectors 

20 within its boundaries that are in good condition and 

21 provide an adequate level of service, projects within 

22 the boundaries of the State that are eligible for as23 sistance under section 103(b)(6) of title 23, United 

24 States Code, relating to the National Highway Sys25 tem, shall be eligible for funding under this section. 
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1 (d) PRIORITY.—Under the program, a State shall 

2 give priority to projects on freight intermodal connectors 

3 to the National Highway System as identified according 

4 to the criteria set forth in the report of the Department 

5 of Transportation to Congress entitled ‘Pulling Together: 

6 The NHS and its Connections to Major Intermodal Termi7 nals’. 

8 (e) APPORTIONMENT.—On October 1 of each fiscal 

9 year, the Secretary shall apportion among the States sums 

10 made available to carry out this section for such fiscal year 

11 as follows: 

12 (1) 33.3 percent in the ratio that—

13 (A) the number of freight intermodal con14 nectors identified in the most recent Intermodal 

15 Freight Connectors study of the Federal High16 way Administration within the boundaries of a 

17 State; bears to 

18 (B) the total number of such connectors 

19 within the boundaries of all the States. 

20 (2) 33.3 percent in the ratio that—

21 (A) the total of each State’s annual con22 tributions to the Highway Trust Fund (other 

23 than the Mass Transit Account) attributable to 

24 commercial motor vehicles; bears to 
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1 (B) the total of such annual contributions 

2 by all States. 

3 (3) 33.4 percent in the same ratios as funds are 

4 apportioned for the National Highway System under 

5 clauses (i), (ii), (iii), and (iv) of section 104(b)(1)(A) 

6 of title 23, United States Code. 

7 (f) APPLICABILITY OF TITLE 23.—Funds made avail8 able to carry out this section shall be available for obliga9 tion in the same manner as if such funds were apportioned 

10 under chapter 1 of title 23, United States Code; except 

11 that such funds shall not be transferable and shall remain 

12 available until expended and the Federal share of the cost 

13 of a project under this section shall be 80 percent. 

14 (g) UPDATE REPORT.—Not later than August 1, 

15 2005, the Secretary shall publish an update to the report 

16 entitled ‘‘Pulling Together: the National Highway System 

17 and its Connections to Major Intermodal Terminals’’. 

18 (h) DEFINITIONS.—In this section, the following defi19 nitions apply: 

20 (1) FREIGHT INTERMODAL CONNECTORS.—The 

21 term ‘‘freight intermodal connector’’ means the 

22 roadway that connects to an intermodal freight facil23 ity that carries or will carry intermodal traffic. 

24 (2) INTERMODAL FREIGHT FACILITY.—The 

25 term ‘‘intermodal freight facility’’ means a port, air-
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1 port, truck-rail terminal, and pipeline-truck ter2 minal. 

3 (3) STATE.—The term ‘‘State’’ has the mean4 ing such term has in section 101(a) of title 23, 

5 United States Code.

6 SEC. 1304. PROJECTS OF NATIONAL AND REGIONAL SIG7 NIFICANCE. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) Under current law, surface transportation 

10 programs rely primarily on formula capital appor11 tionments to States. 

12 (2) Despite the significant increase for surface 

13 transportation program funding in the Transpor14 tation Equity Act of the 21st Century, current levels 

15 of investment are insufficient to fund critical high16 cost transportation infrastructure facilities that ad17 dress critical national economic and transportation 

18 needs. 

19 (3) Critical high-cost transportation infrastruc20 ture facilities often include multiple levels of govern21 ment, agencies, modes of transportation, and trans22 portation goals and planning processes that are not 

23 easily addressed or funded within existing surface 

24 transportation program categories. 
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1 (4) Projects of national and regional signifi2 cance have national and regional benefits, including 

3 improving economic productivity by facilitating inter4 national trade, relieving congestion, and improving 

5 transportation safety by facilitating passenger and 

6 freight movement. 

7 (5) The benefits of such projects described in 

8 paragraph (4) accrue to local areas, States, and the 

9 Nation as a result of the effect such projects have 

10 on the national transportation system. 

11 (6) A program dedicated to constructing 

12 projects of national and regional significance is nec13 essary to improve the safe, secure, and efficient 

14 movement of people and goods throughout the 

15 United States and improve the health and welfare of 

16 the national economy. 

17 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 

18 shall establish a program to provide grants to qualified 

19 entities for projects of national and regional significance. 

20 (c) DEFINITIONS.—

21 (1) ELIGIBLE PROJECT COSTS.—The term ‘‘eli22 gible project costs’’ means the costs of—

23 (A) development phase activities, including 

24 planning, feasibility analysis, revenue fore25 casting, environmental review, preliminary engi-
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1 neering and design work, and other 

2 preconstruction activities; and 

3 (B) construction, reconstruction, rehabili4 tation, and acquisition of real property (includ5 ing land related to the project and improve6 ments to land), environmental mitigation, con7 struction contingencies, acquisition of equip8 ment, and operational improvements. 

9 (2) ELIGIBLE PROJECT.—The term ‘‘eligible 

10 project’’ means any surface transportation project 

11 eligible for Federal assistance under title 23, United 

12 States Code, including freight railroad projects and 

13 activities eligible under such title. 

14 (3) QUALIFIED ENTITY.—The term ‘‘qualified 

15 entity’’ means a State as defined in section 101(a) 

16 of title 23, United States Code. 

17 (d) ELIGIBILITY.—To be eligible for assistance under 

18 this section, a project shall have eligible project costs that 

19 are reasonably anticipated to equal or exceed the lesser 

20 of—

21 (A) $500,000,000; or 

22 (B) 75 percent of the amount of Federal 

23 highway assistance funds apportioned for the 

24 most recently completed fiscal year to the State 

25 in which the project is located. 
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1 (e) APPLICATIONS.—Each qualified entity seeking to 

2 receive a grant under this section for an eligible project 

3 shall submit to the Secretary an application in such form 

4 and in accordance with such requirements as the Secretary 

5 shall establish. 

6 (f) COMPETITIVE GRANT SELECTION AND CRITERIA

7 FOR GRANTS.—

8 (1) IN GENERAL.—The Secretary shall—

9 (A) establish criteria for selecting among 

10 projects that meet the eligibility criteria speci11 fied in subsection (d); 

12 (B) conduct a national solicitation for ap13 plications; and 

14 (C) award grants on a competitive basis. 

15 (2) CRITERIA FOR GRANTS.—The Secretary 

16 may approve a grant under this section for a project 

17 only if the Secretary determines that the project—

18 (A) is based on the results of preliminary 

19 engineering; 

20 (B) is justified based on the project’s abil21 ity—

22 (i) to generate national economic ben23 efits, including creating jobs, expanding 

24 business opportunities, and impacting the 

25 gross domestic product; 
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1 (ii) to reduce congestion, including 

2 impacts in the State, region, and Nation; 

3 (iii) to improve transportation safety, 

4 including reducing transportation acci5 dents, injuries, and fatalities; 

6 (iv) to otherwise enhance the national 

7 transportation system; and 

8 (v) to garner support for non-Federal 

9 financial commitments and provide evi10 dence of stable and dependable financing 

11 sources to construct, maintain, and operate 

12 the infrastructure facility; and 

13 (C) is supported by an acceptable degree of 

14 non-Federal financial commitments, including 

15 evidence of stable and dependable financing 

16 sources to construct, maintain, and operate the 

17 infrastructure facility. 

18 (3) SELECTION CONSIDERATIONS.—In selecting 

19 a project under this section, the Secretary shall con20 sider the extent to which the project—

21 (A) leverages Federal investment by en22 couraging non-Federal contributions to the 

23 project, including contributions from public-pri24 vate partnerships; 
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1 (B) uses new technologies, including intel2 ligent transportation systems, that enhance the 

3 efficiency of the project. 

4 (C) helps maintain or protect the environ5 ment. 

6 (4) PRELIMINARY ENGINEERING.—In evalu7 ating a project under paragraph (2)(A), the Sec8 retary shall analyze and consider the results of pre9 liminary engineering for the project. 

10 (5) NON-FEDERAL FINANCIAL COMMITMENT.—

11 (A) EVALUATION OFPROJECT.—In evalu12 ating a project under paragraph (2)(C), the 

13 Secretary shall require that—

14 (i) the proposed project plan provides 

15 for the availability of contingency amounts 

16 that the Secretary determines to be reason17 able to cover unanticipated cost increases; 

18 and 

19 (ii) each proposed non-Federal source 

20 of capital and operating financing is stable, 

21 reliable, and available within the proposed 

22 project timetable. 

23 (B) CONSIDERATIONS.—In assessing the 

24 stability, reliability, and availability of proposed 
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1 sources of non-Federal financing under sub2 paragraph (A), the Secretary shall consider—

3 (i) existing financial commitments; 

4 (ii) the degree to which financing 

5 sources are dedicated to the purposes pro6 posed; 

7 (iii) any debt obligation that exists or 

8 is proposed by the recipient for the pro9 posed project; and 

10 (iv) the extent to which the project 

11 has a non-Federal financial commitment 

12 that exceeds the required non-Federal 

13 share of the cost of the project. 

14 (6) REGULATIONS.—Not later than 120 days 

15 after the date of enactment of this Act, the Sec16 retary shall issue regulations on the manner in 

17 which the Secretary will evaluate and rate the 

18 projects based on the results of preliminary engi19 neering, project justification, and the degree of non20 Federal financial commitment, as required under 

21 this subsection. 

22 (7) PROJECT EVALUATION AND RATING.—A 

23 proposed project may advance from preliminary en24 gineering to final design and construction only if the 

25 Secretary finds that the project meets the require-
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1 ments of this subsection and there is a reasonable 

2 likelihood that the project will continue to meet such 

3 requirements. In making such findings, the Sec4 retary shall evaluate and rate the project as ‘‘highly 

5 recommended’’, ‘‘recommended’’, or ‘‘not rec6 ommended’’ based on the results of preliminary engi7 neering, the project justification criteria, and the de8 gree of non-Federal financial commitment, as re9 quired under this subsection. In rating the projects, 

10 the Secretary shall provide, in addition to the overall 

11 project rating, individual ratings for each of the cri12 teria established under the regulations issued under 

13 paragraph (6). 

14 (g) LETTERS OF INTENT AND FULL FUNDING

15 GRANT AGREEMENTS.—

16 (1) LETTER OFINTENT.—

17 (A) IN GENERAL.—The Secretary may 

18 issue a letter of intent to an applicant announc19 ing an intention to obligate, for a project under 

20 this section, an amount from future available 

21 budget authority specified in law that is not 

22 more than the amount stipulated as the finan23 cial participation of the Secretary in the 

24 project. 
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1 (B) NOTIFICATION.—At least 60 days be2 fore issuing a letter under subparagraph (A) or 

3 entering into a full funding grant agreement, 

4 the Secretary shall notify in writing the Com5 mittee on Transportation and Infrastructure of 

6 the House of Representatives and the Com7 mittee on Environment and Public Works of the 

8 Senate of the proposed letter or agreement. The 

9 Secretary shall include with the notification a 

10 copy of the proposed letter or agreement as well 

11 as the evaluations and ratings for the project. 

12 (C) NOT AN OBLIGATION.—The issuance 

13 of a letter is deemed not to be an obligation 

14 under sections 1108(c) and (d), 1501, and 

15 1502(a) of title 31, United States Code, or an 

16 administrative commitment. 

17 (D) OBLIGATION OR COMMITMENT.—An 

18 obligation or administrative commitment may 

19 be made only when contract authority is allo20 cated to a project. 

21 (2) FULL FUNDING GRANT AGREEMENT.—

22 (A) IN GENERAL.—A project financed 

23 under this subsection shall be carried out 

24 through a full funding grant agreement. The 

25 Secretary shall enter into a full funding grant 
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1 agreement based on the evaluations and ratings 

2 required under subsection (f)(7). 

3 (B) TERMS.—If the Secretary makes a full 

4 funding grant agreement with an applicant, the 

5 agreement shall—

6 (i) establish the terms of participation 

7 by the United States Government in a 

8 project under this section; 

9 (ii) establish the maximum amount of 

10 Government financial assistance for the 

11 project; 

12 (iii) cover the period of time for com13 pleting the project, including a period ex14 tending beyond the period of an authoriza15 tion; and 

16 (iv) make timely and efficient man17 agement of the project easier according to 

18 the laws of the United States. 

19 (C) AGREEMENT.—An agreement under 

20 this paragraph obligates an amount of available 

21 budget authority specified in law and may in22 clude a commitment, contingent on amounts to 

23 be specified in law in advance for commitments 

24 under this paragraph, to obligate an additional 

25 amount from future available budget authority 
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1 specified in law. The agreement shall state that 

2 the contingent commitment is not an obligation 

3 of the Government. Interest and other financing 

4 costs of efficiently carrying out a part of the 

5 project within a reasonable time are a cost of 

6 carrying out the project under a full funding 

7 grant agreement, except that eligible costs may 

8 not be more than the cost of the most favorable 

9 financing terms reasonably available for the 

10 project at the time of borrowing. The applicant 

11 shall certify, in a way satisfactory to the Sec12 retary, that the applicant has shown reasonable 

13 diligence in seeking the most favorable financ14 ing terms. 

15 (3) AMOUNTS.—The total estimated amount of 

16 future obligations of the Government and contingent 

17 commitments to incur obligations covered by all out18 standing letters of intent and full funding grant 

19 agreements may be not more than the greater of the 

20 amount authorized to carry out this section or an 

21 amount equivalent to the last 2 fiscal years of fund22 ing authorized to carry out this section less an 

23 amount the Secretary reasonably estimates is nec24 essary for grants under this section not covered by 

25 a letter. The total amount covered by new letters 
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1 and contingent commitments included in full funding 

2 grant agreements may be not more than a limitation 

3 specified in law. 

4 (h) GRANT REQUIREMENTS.—

5 (1) IN GENERAL.—A grant for a project under 

6 this section shall be subject to all of the require7 ments of title 23, United States Code, and chapter 

8 52 of title 49, United States Code. 

9 (2) OTHER TERMS AND CONDITIONS.—The Sec10 retary shall require that all grants under this section 

11 be subject to all terms, conditions, and requirements 

12 that the Secretary decides are necessary or appro13 priate for purposes of this section, including require14 ments for the disposition of net increases in value of 

15 real property resulting from the project assisted 

16 under this section. 

17 (i) GOVERNMENT’S SHARE OF PROJECT COST.—

18 Based on engineering studies, studies of economic feasi19 bility, and information on the expected use of equipment 

20 or facilities, the Secretary shall estimate the cost of a 

21 project receiving assistance under this section. A grant for 

22 the project is for 80 percent of the project cost, unless 

23 the grant recipient requests a lower grant percentage. A 

24 refund or reduction of the remainder may be made only 
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1 if a refund of a proportional amount of the grant of the 

2 Government is made at the same time. 

3 (j) FISCAL CAPACITY CONSIDERATIONS.—If the Sec4 retary gives priority consideration to financing projects 

5 that include more than the non-Government share re6 quired under subsection (i) the Secretary shall give equal 

7 consideration to differences in the fiscal capacity of State 

8 and local governments. 

9 (k) REPORTS.—

10 (1) ANNUAL REPORT.—Not later than the first 

11 Monday in February of each year, the Secretary 

12 shall submit to the Committee on Transportation 

13 and Infrastructure of the House of Representatives 

14 and the Committee on Environment and Public 

15 Works of the Senate a report that includes a pro16 posal on the allocation of amounts to be made avail17 able to finance grants under this section. 

18 (2) RECOMMENDATIONS ON FUNDING.—The 

19 annual report under this paragraph shall include 

20 evaluations and ratings, as required under sub21 section (f). The report shall also include rec22 ommendations of projects for funding based on the 

23 evaluations and ratings and on existing commit24 ments and anticipated funding levels for the next 3 
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1 fiscal years and for the next 10 fiscal years based 

2 on information currently available to the Secretary. 

3 (l) APPLICABILITY OF TITLE 23.—Funds made avail4 able to carry out this section shall be available for obliga5 tion in the same manner as if such funds were apportioned 

6 under chapter 1 of title 23, United States Code; except 

7 that such funds shall not be transferable and shall remain 

8 available until expended and the Federal share of the cost 

9 of a project under this section shall be as provided in this 

10 section. 

11 SEC. 1305. DEDICATED TRUCK LANES. 

12 [Reserved.] 

13 SEC. 1306. TRUCK PARKING FACILITIES. 

14 [Reserved.] 

15 Subtitle D—Highway Safety 

16 SEC. 1401. HIGHWAY SAFETY IMPROVEMENT PROGRAM. 

17 (a) SAFETY IMPROVEMENT PROJECT DEFINED.—

18 Section 101(a)(30) of title 23, United States Code, is 

19 amended by inserting ‘‘installs fluorescent, yellow-green 

20 signs at pedestrian or bicycle crossings or school zones,’’ 

21 after ‘‘call boxes,’’. 

22 (b) OPERATION LIFESAVER.—Section 104(d)(1) of 

23 such title is amended—

24 (1) by striking ‘‘subsection (b)(3) of this sec25 tion’’ and inserting ‘‘section 130(f)’’; and 
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1 (2) by striking ‘‘$500,000’’ and inserting 

2 ‘‘$600,000’’.

3 (c) RAILWAY-HIGHWAY CROSSING HAZARD ELIMI4 NATION IN HIGH SPEED RAIL CORRIDORS.—Section 

5 104(d)(2) of such title is amended—

6 (1) in subparagraph (A)—

7 (A) by striking ‘‘subsection (b)(3)’’ and in8 serting ‘‘section 130(f)’’; and 

9 (B) by striking ‘‘$5,250,000 of the funds 

10 made available for the surface transportation 

11 program for the fiscal year’’ and inserting 

12 ‘‘from the funds made available for the surface 

13 transportation program $7,500,000 for fiscal 

14 year 2004, $10,000,000 for fiscal year 2005, 

15 $12,500,000 for fiscal year 2006, $15,000,000 

16 for fiscal year 2007, $17,500,000 for fiscal year 

17 2008, and $20,000,000 for fiscal year 2009’’; 

18 and 

19 (2) in subparagraph (E)—

20 (A) by striking ‘‘Not less than $250,000 of 

21 such set-aside’’ and inserting ‘‘Of such set22 aside, not less than $875,000 for fiscal year 

23 2004, $1,500,000 for fiscal year 2005, 

24 $2,125,000 for fiscal year 2006, $2,750,000 for 

25 fiscal year 2007, $3,375,000 for fiscal year 
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1 2008, and $4,000,000 for fiscal year 2009’’; 

2 and 

3 (B) by striking ‘‘per fiscal year’’. 

4 (d) RAILWAY-HIGHWAY CROSSINGS.—

5 (1) FUNDS FOR PROTECTIVE DEVICES.—Sec6 tion 130(e) of such title is amended by striking ‘‘At 

least 1 7 ⁄2’’ and inserting ‘‘For each fiscal year, at 

8 least $150,000,000’’. 

9 (2) APPORTIONMENT.—Section 130(f) of such 

10 title is amended to read as follows: 

11 ‘‘(f) APPORTIONMENT.—

12 ‘‘(1) FORMULA.—Fifty percent of the funds au13 thorized to be appropriated to carry out this section 

14 shall be apportioned to the States in accordance with 

15 the formula set forth in section 104(b)(3)(A), and 

16 50 percent of such funds shall be apportioned to the 

17 States in the ratio that total public railway-highway 

18 crossings in each State bears to the total of such 

19 crossings in all States. 

20 ‘‘(2) MINIMUM APPORTIONMENT.—Notwith21 standing paragraph (1), each State shall receive a 

minimum of 1 22 ⁄2 of 1 percent of the funds appor23 tioned under paragraph (1). 

24 ‘‘(3) FEDERAL SHARE.—The Federal share 

25 payable on account of any project financed with 
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1 funds authorized to be appropriated to carry out this 

2 section shall be 90 percent of the cost thereof.’’. 

3 (3) BIENNIAL REPORT TO CONGRESS.—The 

4 third sentence of section 130(g) of such title is 

5 amended by striking ‘‘not later than April 1 of each 

6 year,’’ and inserting ‘‘, not later than April 1, 2005, 

7 and every 2 years thereafter,’’. 

8 (4) EXPENDITURE OFFUNDS.—Section 130 of 

9 such title is further amended by adding at the end 

10 the following: 

11 ‘‘(k) EXPENDITURE OF FUNDS.—Not more than 2 

12 percent of funds apportioned to a State to carry out this 

13 section may be used by the State for compilation and anal14 ysis of data in support of activities carried out under sub15 section (g).’’. 

16 (e) SURFACE TRANSPORTATION PROGRAM.—

17 (1) IN GENERAL.—Section 133(d) of such title 

18 is amended—

19 (A) by striking paragraph (1); and 

20 (B) by redesignating paragraphs (2) 

21 through (5) as paragraphs (1) through (4), re22 spectively; and 

23 (C) in paragraph (2) (as so redesig24 nated)—
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1 (i) in subparagraph (A) by striking 

2 ‘‘80 percent’’ and inserting ‘‘90 percent’’; 

3 (ii) in subparagraph (B) by striking 

4 ‘‘tobe’’ and inserting ‘‘to be’’; and 

5 (iii) in subparagraph (D) by adding a 

6 period at the end. 

7 (2) CONFORMING AMENDMENTS.—

8 (A) SECTION 133.—Section 133(e) is 

9 amended by striking ‘‘(d)(2)’’ and inserting 

10 ‘‘(d)(1)’’ in each of paragraphs (3)(B)(i), 

11 (5)(A), and (5)(B). 

12 (B) SECTION 126.—Section 126(b) of such 

13 title is amended—

14 (i) by striking ‘‘to the last sentence of 

15 section 133(d)(1) or’’; 

16 (ii) by striking ‘‘section 133(d)(3)’’ 

17 and inserting ‘‘section 133(d)(2)’’; and 

18 (iii) by striking ‘‘or 133(d)(2)’’. 

19 (f) HAZARD ELIMINATION PROGRAM.—

20 (1) PURPOSES.—Section 152(a)(1) of such title 

21 is amended—

22 (A) by striking ‘‘and’’ after ‘‘bicyclists,’’; 

23 and 

24 (B) by inserting after ‘‘pedestrians,’’ the 

25 following: ‘‘and the disabled, identify roadway 
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1 safety improvement needs for such locations, 

2 sections, and elements,’’. 

3 (2) HAZARDS.—Section 152(a)(2)(A) of such 

4 title is amended by inserting ‘‘the disabled,’’ after 

5 ‘‘pedestrians,’’. 

6 (3) APPROVAL OFPROJECTS.—Section 152(b) 

7 of such title is amended by inserting before the pe8 riod at the end the following: ‘‘that reduces the like9 lihood of crashes involving road departures, intersec10 tions, pedestrians, the disabled, bicyclists, older driv11 ers, or construction work zones’’. 

12 (4) EXPENDITURE OFFUNDS.—Section 152(c) 

13 of such title is amended—

14 (A) in paragraph (2) by striking ‘‘or’’ at 

15 the end; 

16 (B) in paragraph (3) by striking the period 

17 at the end and inserting a semicolon; and 

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

19 ‘‘(4) police assistance for traffic and speed 

20 management in construction work zones; 

21 ‘‘(5) installation of barriers between construc22 tion work zones and traffic lanes for the safety of 

23 motorists and workers; and 

24 ‘‘(6) compilation and analysis of data under 

25 subsections (f) and (g) if the funds used for this 
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1 purpose by a State do not exceed 2 percent of the 

2 amount apportioned to such State to carry out this 

3 section.’’. 

4 (5) APPORTIONMENT.—Section 152(d) of such 

5 title is amended to read as follows: 

6 ‘‘(d) APPORTIONMENT.—

7 ‘‘(1) FORMULA.—Funds authorized to be ap8 propriated to carry out this section shall be appor9 tioned to the States in accordance with the formula 

10 set forth in section 104(b)(3)(A). 

11 ‘‘(2) MINIMUM APPORTIONMENT.—Notwith12 standing paragraph (1), each State shall receive a 

minimum of 1 13 ⁄2 of 1 percent of the funds appor14 tioned under paragraph (1). 

15 ‘‘(3) FEDERAL SHARE.—The Federal share 

16 payable on account of any project financed with 

17 funds authorized to be appropriated to carry out this 

18 section shall be 90 percent of the cost thereof.’’. 

19 (6) BIENNIAL REPORT TO CONGRESS.—

20 (A) IN GENERAL.—Section 152 of such 

21 title is amended by adding at the end the fol22 lowing: 

23 ‘‘(i) BIENNIAL REPORT TO CONGRESS.—Not later 

24 than 2 years after the date of enactment of this sub25 section, and every 2 years thereafter, the Secretary shall 
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1 transmit to the Committee on Transportation and Infra2 structure of the House of Representatives and the Com3 mittee on Environment and Public Works of the Senate 

4 a report on the results of the program under this section. 

5 The report shall include, at a minimum, the following: 

6 ‘‘(1) A summary of State projects completed 

7 under this section categorized by the types of haz8 ards and a statement of the cost of such projects. 

9 ‘‘(2) An analysis of the effectiveness of such 

10 categories of projects in reducing the number and 

11 severity of crashes at high hazard locations. 

12 ‘‘(3) An assessment of the adequacy of author13 ized funding for the program and State use of such 

14 funding to address the national need for such 

15 projects. 

16 ‘‘(4) Recommendations for funding and pro17 gram improvements to reduce the number of high 

18 hazard locations. 

19 ‘‘(5) An analysis and evaluation of each State 

20 program, an identification of any State found not to 

21 be in compliance with the schedule of improvements 

22 required by subsection (a), and recommendations for 

23 future implementation of the hazard elimination pro24 gram.’’. 
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1 (B) CONFORMING AMENDMENT.—Section 

2 152(g) of such title is amended by striking the 

3 third sentence through the last sentence. 

4 SEC. 1402. WORKER INJURY PREVENTION AND FREE FLOW 

5 OF VEHICULAR TRAFFIC. 

6 Not later than 1 year after the date of enactment 

7 of this Act, the Secretary shall issue regulations to de8 crease the likelihood of worker injury and maintain the 

9 free flow of vehicular traffic by requiring workers whose 

10 duties place them on or in close proximity to a Federal11 aid highway (as defined in section 101 of title 23, United 

12 States Code) to wear high visibility garments. Such regu13 lations may also require such other worker-safety meas14 ures for workers with those duties as the Secretary deter15 mines appropriate. 

16 SEC. 1403. HIGH RISK RURAL ROAD SAFETY IMPROVEMENT 

17 PROGRAM. 

18 (a) ESTABLISHMENT.—The Secretary shall establish 

19 and implement a high risk rural road safety improvement 

20 program in accordance with this section. 

21 (b) ELIGIBLE PROJECTS.—

22 (1) IN GENERAL.—Except as provided in para23 graph (2), a State may obligate funds apportioned 

24 to it under this section only for construction and 

25 operational improvement projects on high risk rural 
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1 roads and only if the primary purpose of the project 

2 is to improve highway safety on a high risk rural 

3 road. 

4 (2) SPECIAL RULE.—A State may use funds 

5 apportioned to it under this section for any project 

6 approved by the Secretary under section 152 of title 

7 23, United States Code, if the State certifies to the 

8 Secretary that it has no projects described in para9 graph (1). 

10 (c) STATE ALLOCATION SYSTEM.—Each State shall 

11 establish a system for allocating funds apportioned to it 

12 under this section among projects eligible for assistance 

13 under this section that have the highest benefits to high14 way safety. Such system may include a safety manage15 ment system established by the State under section 303 

16 of title 23, United States Code, or a survey established 

17 pursuant to section 152(a) of such title. 

18 (d) APPORTIONMENT OF FUNDS.—On October 1 of 

19 each fiscal year, the Secretary shall apportion among 

20 States sums authorized to be appropriated to carry out 

21 this section for such fiscal year as follows: 

(1) 1 22 ⁄3 in the ratio that—

23 (A) each State’s public road lane mileage 

24 for rural minor collectors and rural local roads; 

25 bears to 
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1 (B) the total public road lane mileage for 

2 rural minor collectors and rural local roads of 

3 all States. 

(2) 1 4 ⁄3 in the ratio that—

5 (A) the population of areas other than ur6 banized areas in each State, as shown by the 

7 most recent Government decennial census of 

8 population; bears to 

9 (B) the population of all areas other than 

10 urbanized areas in the United States, as shown 

11 by that census. 

(3) 1 12 ⁄3 in the ratio that—

13 (A) the total vehicle miles traveled on pub14 lic roads in each State; bears to 

15 (B) the total number of vehicle miles trav16 eled on public roads in all States. 

17 (e) APPLICABILITY OF TITLE 23.—Funds made 

18 available to carry out this section shall be available for 

19 obligation in the same manner as if such funds were ap20 portioned under chapter 1 of title 23, United States Code; 

21 except that such funds shall not be transferable and shall 

22 remain available until expended and the Federal share of 

23 the cost of a project under this section shall be 80 percent. 

24 Notwithstanding any other provision of law, projects as-
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1 sisted under this section shall be treated as projects on 

2 a Federal-aid system under such chapter. 

3 (f) DEFINITIONS.—In this section, the following defi4 nitions apply: 

5 (1) HIGH RISK RURAL ROAD.—The term ‘‘high 

6 risk rural road’’ means any roadway functionally 

7 classified as a rural major or minor collector or a 

8 rural local road—

9 (A) on which the accident rate for fatali10 ties and incapacitating injuries exceeds the 

11 statewide average for these functional classes of 

12 roadway; or 

13 (B) which will likely have increases in traf14 fic volume that are likely to create an accident 

15 rate for fatalities and incapacitating injuries 

16 that exceeds the statewide average for these 

17 functional classes of roadway. 

18 (2) STATE AND URBANIZED AREA.—The terms 

19 ‘‘State’’ and ‘‘urbanized area’’ have the meaning 

20 such terms have under section 101(a) of title 23, 

21 United States Code.
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1 SEC. 1404. TRANSFERS OF APPORTIONMENTS TO SAFETY 

2 PROGRAMS. 

3 (a) USE OF SAFETY BELTS AND MOTORCYCLE HEL4 METS.—Section 153(h) of title 23, United States Code, 

5 is amended—

6 (1) in paragraph (2)—

7 (A) in the paragraph heading by striking 

8 ‘‘THEREAFTER.—’’ and inserting ‘‘FISCAL

9 YEARS 1995–2003.—’’; and 

10 (B) by inserting ‘‘and ending before Octo11 ber 1, 2003,’’ after ‘‘September 30, 1994,’’; 

12 (2) by redesignating paragraphs (3) through 

13 (5) as paragraphs (4) through (6), 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 does not have in effect a law described in 

19 subsection (a)(2), the Secretary shall transfer from 

20 the funds apportioned to the State on that date 

21 under each of subsections (b)(1), (b)(2), and (b)(3) 

22 of section 104 to the apportionment of the State 

23 under section 402 an amount equal to 3 percent of 

24 the funds apportioned to the State under such sub25 sections for fiscal year 2003.’’; and 

26 (4) in paragraph (5) (as so redesignated)—
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1 (A) by striking ‘‘which is determined by 

2 multiplying’’ and inserting ‘‘which, for fiscal 

3 year 2004 and each fiscal year thereafter, is de4 termined by multiplying’’; and 

5 (B) in subparagraph (B) by striking ‘‘such 

6 fiscal year’’ each place it appears and inserting 

7 ‘‘fiscal year 2003’’. 

8 (b) OPEN CONTAINER REQUIREMENTS.—Section 

9 154(c) of title 23, United States Code, is amended—

10 (1) in paragraph (2)—

11 (A) in the paragraph heading by striking 

12 ‘‘AND FISCAL YEARS THEREAFTER’’; and 

13 (B) by striking ‘‘and each October 1 there14 after,’’; 

15 (2) by redesignating paragraphs (3) through 

16 (7) as paragraphs (4) through (8), respectively; 

17 (3) by inserting after paragraph (2) the fol18 lowing: 

19 ‘‘(3) FISCAL YEAR 2004 AND THEREAFTER.—On 

20 October 1, 2003, and each October 1 thereafter, if 

21 a State has not enacted or is not enforcing an open 

22 container law described in subsection (b), the Sec23 retary shall transfer from the funds apportioned to 

24 the State on that date under each of paragraphs (1), 

25 (3), and (4) of section 104(b) an amount equal to 
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1 3 percent of the funds apportioned to the State 

2 under such paragraphs for fiscal year 2003 to be 

3 used or directed as described in subparagraph (A) or 

4 (B) of paragraph (1).’’; 

5 (4) in paragraph (5) (as so redesignated) by 

6 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

7 (4)’’; 

8 (5) in paragraphs (4), (5), and (6) (as so redes9 ignated) by striking ‘‘paragraph (1) or (2)’’ and in10 serting ‘‘paragraph (1), (2), or (3)’’; and 

11 (6) in paragraph (7)(B) (as so redesignated)—

12 (A) by striking ‘‘The amount’’ and insert13 ing ‘‘For fiscal year 2004 and each fiscal year 

14 thereafter, the amount’’; and 

15 (B) in subclauses (I) and (II) of clause (ii) 

16 by striking ‘‘the fiscal year’’ and inserting ‘‘fis17 cal year 2003’’. 

18 (c) MINIMUM PENALTIES FOR CERTAIN REPEAT OF19 FENDERS.—Section 164(b) of title 23, United States 

20 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 a repeat 

8 intoxicated driver law, the Secretary shall transfer 

9 from the funds apportioned to the State on that date 

10 under each of paragraphs (1), (3), and (4) of section 

11 104(b) an amount equal to 3 percent of the funds 

12 apportioned to the State under such paragraphs for 

13 fiscal year 2003 to be used or directed as described 

14 in subparagraph (A) or (B) of paragraph (1).’’; 

15 (4) in paragraph (5) (as so redesignated) by 

16 striking ‘‘paragraph (3)’’ and inserting ‘‘paragraph 

17 (4)’’; 

18 (5) in paragraphs (4), (5), and (6) (as so redes19 ignated) by striking ‘‘paragraph (1) or (2)’’ and in20 serting ‘‘paragraph (1), (2), or (3)’’; and 

21 (6) in paragraph (7)(B) (as so redesignated)—

22 (A) by striking ‘‘The amount’’ and insert23 ing ‘‘For fiscal year 2004 and each fiscal year 

24 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 SEC. 1405. SAFETY INCENTIVES TO PREVENT OPERATION 

5 OF MOTOR VEHICLES BY INTOXICATED PER6 SONS. 

7 (a) CODIFICATION OF PENALTY.—Section 163 of 

8 title 23, United States Code, is amended—

9 (1) by redesignating subsection (e) as sub10 section (f); and 

11 (2) by inserting after subsection (d) the fol12 lowing: 

13 ‘‘(e) PENALTY.—

14 ‘‘(1) IN GENERAL.—On October 1, 2003, and 

15 October 1 of each fiscal year thereafter, if a State 

16 has not enacted or is not enforcing a law described 

17 in subsection (a), the Secretary shall withhold from 

18 amounts apportioned to the State on that date 

19 under each of paragraphs (1), (3), and (4) of section 

20 104(b) an amount equal to the amount specified in 

21 paragraph (2). 

22 ‘‘(2) AMOUNT TO BE WITHHELD.—If a State is 

23 subject to a penalty under paragraph (1), the Sec24 retary shall withhold for a fiscal year from the ap25 portionments of the State described in paragraph 
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1 (1) an amount equal to a percentage of the funds 

2 apportioned to the State under paragraphs (1), (3), 

3 and (4) of section 104(b) for fiscal year 2003. The 

4 percentage shall be as follows: 

5 ‘‘(A) For fiscal year 2004, 2 percent. 

6 ‘‘(B) For fiscal year 2005, 4 percent. 

7 ‘‘(C) For fiscal year 2006, 6 percent. 

8 ‘‘(D) For fiscal year 2007, and each fiscal 

9 year thereafter, 8 percent. 

10 ‘‘(3) FAILURE TO COMPLY.—If, within 4 years 

11 from the date that an apportionment for a State is 

12 withheld in accordance with this subsection, the Sec13 retary determines that the State has enacted and is 

14 enforcing a law described in subsection (a), the ap15 portionment of the State shall be increased by an 

16 amount equal to the amount withheld. If, at the end 

17 of such 4-year period, any State has not enacted or 

18 is not enforcing a law described in subsection (a) 

19 any amounts so withheld from such State shall 

20 lapse.’’. 

21 (b) REPEAL.—Section 351 of the Department of 

22 Transportation and Related Agencies Appropriations Act, 

23 2001 (114 Stat. 1356A–34) is repealed.
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1 Subtitle E—Construction and 

2 Contract Efficiencies 

3 SEC. 1501. DESIGN-BUILD. 

4 [Reserved.] 

5 SEC. 1502. WARRANTY HIGHWAYS. 

6 [Reserved.] 

7 SEC. 1503. PUBLIC-PRIVATE VENTURE. 

8 [Reserved.]

9 SEC. 1504. HIGHWAYS FOR LIFE PILOT PROGRAM. 

10 (a) ESTABLISHMENT.—

11 (1) IN GENERAL.—The Secretary shall establish 

12 and implement a pilot program to be known as the 

13 ‘‘Highways for LIFE pilot program’’. 

14 (2) PURPOSE.—The purpose of the pilot pro15 gram shall be to advance longer-lasting highways 

16 using innovative technologies and practices to ac17 complish the fast construction of efficient and safe 

18 highways and bridges. 

19 (3) OBJECTIVES.—Under the pilot program, 

20 the Secretary shall provide leadership and incentives 

21 to demonstrate and promote state-of-the-art tech22 nologies, elevated performance standards, and new 

23 business practices in the highway construction proc24 ess that result in improved safety, faster construc-
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1 tion, reduced congestion from construction, and im2 proved quality and user satisfaction. 

3 (b) PROJECTS.—

4 (1) APPLICATIONS.—To be eligible to partici5 pate in the pilot program, a State shall submit to 

6 the Secretary an application that is in such form 

7 and contains such information as the Secretary re8 quires. Each application shall contain a description 

9 of proposed projects to be carried by the State under 

10 the pilot program. 

11 (2) ELIGIBILITY.—A proposed project shall be 

12 eligible for assistance under the pilot program if the 

13 project—

14 (A) constructs, reconstructs, or rehabili15 tates a route or connection on a Federal-aid 

16 highway eligible for assistance under chapter 1 

17 of title 23, United States Code; 

18 (B) uses innovative technologies, manufac19 turing processes, financing, or contracting 

20 methods that improve safety, reduce congestion 

21 due to construction, and improve quality; and 

22 (C) meets additional criteria as determined 

23 by the Secretary. 

24 (3) PROJECT PROPOSAL.—A project proposal 

25 submitted under paragraph (1) shall contain—
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1 (A) an identification and description of the 

2 projects to be delivered; 

3 (B) a description of how the projects will 

4 result in improved safety, faster construction, 

5 reduced congestion due to construction, user 

6 satisfaction, and improved quality; 

7 (C) a description of the innovative tech8 nologies, manufacturing processes, financing, 

9 and contracting methods that will be used for 

10 the proposed projects; and 

11 (D) such other information as the Sec12 retary may require. 

13 (4) SELECTION CRITERIA.—In selecting 

14 projects for approval under this section, the Sec15 retary shall ensure that the projects provide an eval16 uation of a broad range of technologies in a wide va17 riety of project types and shall give priority to the 

18 projects that—

19 (A) address achieving the Highways for 

20 LIFE performance standards for quality, safe21 ty, and speed of construction; 

22 (B) deliver and deploy innovative tech23 nologies, manufacturing processes, financing, 

24 contracting practices, and performance meas25 ures that will demonstrate substantial improve-
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1 ments in safety, congestion, quality, and cost2 effectiveness; 

3 (C) include innovation that will lead to 

4 change in the administration of the State’s 

5 transportation program to more quickly con6 struct long-lasting, high-quality, cost-effective 

7 projects that improve safety and reduce conges8 tion; 

9 (D) are or will be ready for construction 

10 within 12 months of approval of the project 

11 proposal; and 

12 (E) meet such other criteria as the Sec13 retary determines appropriate. 

14 (5) FINANCIAL ASSISTANCE.—

15 (A) FUNDS FOR HIGHWAYS FOR LIFE

16 PROJECTS.—Out of amounts made available to 

17 carry out this section for a fiscal year, the Sec18 retary may allocate to a State up to 20 percent, 

19 but not more than $15,000,000, of the total 

20 cost of a project approved under this section. 

21 Notwithstanding any other provision of law, 

22 funds allocated to a State under this subpara23 graph may be applied to the non-Federal share 

24 of the cost of construction of a project under 

25 title 23, United States Code. 
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1 (B) USE OFAPPORTIONED FUNDS.—A 

2 State may obligate not more than 10 percent of 

3 the amount apportioned to the State under 1 or 

4 more of paragraphs (1), (2), (3), and (4) of sec5 tion 104(b) of title 23, United States Code, for 

6 a fiscal year for projects approved under this 

7 section. 

8 (C) INCREASED FEDERAL SHARE.—Not9 withstanding sections 120 and 129 of title 23, 

10 United States Code, the Federal share payable 

11 on account of any project constructed with Fed12 eral funds allocated under this section, or ap13 portioned under section 104(b) of such title, to 

14 a State under such title and approved under 

15 this section may amount to 100 percent of the 

16 cost of construction of such project. 

17 (D) LIMITATION ON STATUTORY CON18 STRUCTION.—Except as provided in subpara19 graph (C), nothing in this subsection shall be 

20 construed as altering or otherwise affecting the 

21 applicability of the requirements of chapter 1 of 

22 title 23, United States Code (including require23 ments relating to the eligibility of a project for 

24 assistance under the program and the location 

25 of the project), to amounts apportioned to a 
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1 State for a program under section 104(b) that 

2 are obligated by the State for projects approved 

3 under this subsection. 

4 (6) PROJECT SELECTIONS.—In the period of 

5 fiscal years 2004 through 2009, the Secretary shall 

6 approve at least one project in each State for par7 ticipation in the pilot program and for financial as8 sistance under paragraph (5) if the State submits an 

9 application and the project meets the eligibility re10 quirements and selection criteria under this sub11 section. 

12 (c) TECHNOLOGY PARTNERSHIPS.—

13 (1) IN GENERAL.—The Secretary may make 

14 grants or enter into cooperative agreements or other 

15 transactions to foster the development, improvement, 

16 and creation of innovative technologies and facilities 

17 to improve safety, enhance the speed of highway 

18 construction, and improve the quality and durability 

19 of highways. 

20 (2) FEDERAL SHARE.—The Federal share of 

21 the cost of an activity carried out under this sub22 section shall not exceed 80 percent. 

23 (d) TECHNOLOGY TRANSFER AND INFORMATION

24 DISSEMINATION.—
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1 (1) IN GENERAL.—The Secretary shall conduct 

2 a Highways for LIFE technology transfer program. 

3 (2) AVAILABILITY OFINFORMATION.—The Sec4 retary shall ensure that the information and tech5 nology used, developed, or deployed under this sub6 section is made available to the transportation com7 munity and the public. 

8 (e) STAKEHOLDER INPUT AND INVOLVEMENT.—The 

9 Secretary shall establish a process for stakeholder input 

10 and involvement in the development, implementation, and 

11 evaluation of the Highways for LIFE pilot program. The 

12 process may include participation by representatives of 

13 State departments of transportation and other interested 

14 persons. 

15 (f) PROJECT MONITORING AND EVALUATION.—The 

16 Secretary shall monitor and evaluate the effectiveness of 

17 any activity carried out under this section. 

18 (g) CONTRACT AUTHORITY.—Funds authorized to be 

19 appropriated to carry out this section shall be available 

20 for obligation in the same manner as if the funds were 

21 apportioned under chapter 1 of title 23, United States 

22 Code. 

23 (h) STATE DEFINED.—In this section, the term 

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

25 101(a) of title 23, United States Code. 
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1 SEC. 1505. UNIT BID PRICING. 

2 [Reserved.]

3 Subtitle F—Finance 

4 SEC. 1601. TRANSPORTATION INFRASTRUCTURE FINANCE 

5 AND INNOVATION ACT. 

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

7 States Code, is amended—

8 (1) in paragraph (3)—

9 (A) by striking ‘‘category’’; and 

10 (B) by striking ‘‘offered into the capital 

11 markets’’; 

12 (2) by striking paragraph (7); 

13 (3) by redesignating paragraphs (8) through 

14 (15) as paragraphs (7) through (14), respectively; 

15 and 

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

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

18 (b) DETERMINATION OF ELIGIBILITY.—Section 

19 182(a) of such title is amended—

20 (1) by striking paragraphs (1) and (2) and in21 serting the following: 

22 ‘‘(1) INCLUSION IN TRANSPORTATION PLANS

23 AND PROGRAMS.—The project shall satisfy the appli24 cable planning and programming requirements of 

25 sections 134 and 135 at such time as an agreement 
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1 to make available a Federal credit instrument is en2 tered into under this subchapter. 

3 ‘‘(2) APPLICATION.—A State, a local govern4 ment, public authority, public-private partnership, or 

5 any other legal entity undertaking the project and 

6 authorized by the Secretary, shall submit a project 

7 application to the Secretary.’’; 

8 (2) in paragraph (3)(A)(i) by striking 

9 ‘‘$100,000,000’’ and inserting ‘‘$50,000,000’’; 

10 (3) in paragraph (3)(B) by striking 

11 ‘‘$30,000,000’’ and inseting ‘‘$15,000,000’’; and 

12 (4) in paragraph (4)—

13 (A) by striking ‘‘Project financing’’ and in14 serting ‘‘The Federal credit instrument’’; and 

15 (B) by inserting before the period at the 

16 end ‘‘that also secure the project obligations’’. 

17 (c) PROJECT SELECTION.—Section 182(b) of such 

18 title is amended—

19 (1) in paragraph (1) by striking ‘‘criteria’’ the 

20 second place it appears and inserting ‘‘require21 ments’’; and 

22 (2) in paragraph (2)(B) by inserting ‘‘, which 

23 may be the Federal credit instrument,’’ after ‘‘obli24 gations’’. 

25 (d) SECURED LOANS.—
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1 (1) AGREEMENTS.—Section 183(a)(1) of such 

2 title is amended—

3 (A) in each of subparagraphs (A) and (B) 

4 by inserting ‘‘of any project selected under sec5 tion 602’’ after ‘‘costs’’; and 

6 (B) by striking the semicolon at the end of 

7 subparagraph (B) and all that follows through 

8 ‘‘under section 602’’. 

9 (2) INVESTMENT-GRADE RATING REQUIRE10 MENT.—Section 183(a)(4) of such title is amend11 ed—

12 (A) by striking ‘‘The funding’’ and insert13 ing ‘‘The execution’’; and 

14 (B) by striking the first comma and all 

15 that follows through ‘‘1 rating agency’’. 

16 (3) TERMS AND LIMITATIONS.—Section 183(b) 

17 of such title is amended—

18 (A) in paragraph (2) by inserting ‘‘the 

19 lesser of’’ after ‘‘exceed’’; 

20 (B) in paragraph (2) by inserting ‘‘or the 

21 amount of the senior project obligations’’ after 

22 ‘‘costs’’; 

23 (C) in paragraph (3)(A)(i) by inserting 

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

25 after ‘‘sources’’; and 
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1 (D) in paragraph (4) by striking ‘‘market2 able’’. 

3 (4) REPAYMENT.—Section 183(c) is amended—

4 (A) by striking paragraph (3); and 

5 (B) by redesignating paragraphs (4) and 

6 (5) as paragraphs (3) and (4), respectively. 

7 (e) LINES OF CREDIT.—

8 (1) TERMS AND LIMITATIONS.—Section 184(b) 

9 of such title is amended—

10 (A) in paragraph (3)—

11 (i) by striking the first comma; and 

12 (ii) by striking ‘‘any debt service re13 serve fund, and any other available re14 serve’’ and inserting ‘‘but not including 

15 reasonably required financing reserves’’; 

16 (B) in paragraph (4)—

17 (i) by striking ‘‘marketable’’; 

18 (ii) by striking ‘‘on which’’ and insert19 ing ‘‘of execution of’’; 

20 (iii) by striking ‘‘is obligated’’ and in21 serting ‘‘agreement’’; and 

22 (C) in paragraph (5)(A)(i) by inserting 

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

24 after ‘‘sources’’; and 
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1 (2) REPAYMENT.—Section 184(c) of such title 

2 is amended—

3 (A) in paragraph (2)—

4 (i) by striking ‘‘scheduled’’; 

5 (ii) by inserting ‘‘be scheduled to’’ 

6 after ‘‘shall’’; 

7 (iii) by striking ‘‘be fully repaid, with 

8 interest,’’ and inserting ‘‘conclude, with 

9 full repayment of principal and interest,’’; 

10 and 

11 (B) by striking paragraph (3). 

12 (f) PROGRAM ADMINISTRATION.—Section 185 of 

13 such title is amended to read as follows: 

14 ‘‘§ 185. Program administration 

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

16 a uniform system to service the Federal credit instrument 

17 made available under this chapter. 

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

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

20 Government of servicing the Federal credit instrument. 

21 ‘‘(c) SERVICER.—The Secretary may identify a finan22 cial entity to assist the Secretary in servicing a Federal 

23 credit instrument. The servicer—

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

25 and 
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1 ‘‘(2) shall receive a servicing fee, subject to ap2 proval by the Secretary. 

3 ‘‘(d) ASSISTANCE FROM EXPERT FIRMS.—The Sec4 retary may retain the services of one or more expert firms, 

5 including counsel, in the field of municipal and project fi6 nance to assist in the underwriting and servicing of Fed7 eral credit instruments.’’. 

8 (g) FUNDING.—Section 188 of such title is amended 

9 to read as follows: 

10 ‘‘§ 188. Funding 

11 ‘‘(a) FUNDING.—

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

13 appropriated from the Highway Trust Fund (other 

14 than the Mass Transit Account) $150,000,000 for 

15 each of fiscal years 2004 through 2009 to carry out 

16 this chapter. 

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

18 made available under paragraph (1), the Secretary 

19 may use, for the administration of this subchapter, 

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

21 2004 through 2009. 

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

23 under paragraph (1) shall remain available until ex24 pended. 

25 ‘‘(b) CONTRACT AUTHORITY.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other 

2 provision of law, approval by the Secretary of a Fed3 eral credit instrument that uses funds made avail4 able under this chapter shall be deemed to be ac5 ceptance by the United States of a contractual obli6 gation to fund the Federal credit instrument. 

7 ‘‘(2) AVAILABILITY.—Amounts authorized 

8 under this section for a fiscal year shall be available 

9 for obligation on October 1 of the fiscal year. 

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

11 of fiscal years 2004 through 2009, principal amounts of 

12 Federal credit instruments made available under this 

13 chapter shall be limited to $2,600,000,000.’’. 

14 SEC. 1602. STATE INFRASTRUCTURE BANKS. 

15 (a) IN GENERAL.—Section 189 of title 23, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 189. State infrastructure bank program 

18 ‘‘(a) DEFINITIONS.—In this section, the following 

19 definitions apply: 

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

21 project’ has the meaning such term has under sec22 tion 5302 of title 49, United States Code. 

23 ‘‘(2) OTHER FORMS OF CREDIT ASSISTANCE.—

24 The term ‘other forms of credit assistance’ includes 

25 any use of funds in an infrastructure bank—
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1 ‘‘(A) to provide credit enhancements; 

2 ‘‘(B) to serve as a capital reserve for bond 

3 or debt instrument financing; 

4 ‘‘(C) to subsidize interest rates; 

5 ‘‘(D) to insure or guarantee letters of cred6 it and credit instruments against credit risk of 

7 loss; 

8 ‘‘(E) to finance purchase and lease agree9 ments with respect to transit projects; 

10 ‘‘(F) to provide bond or debt financing in11 strument security; and 

12 ‘‘(G) to provide other forms of debt financ13 ing and methods of leveraging funds that are 

14 approved by the Secretary and that relate to 

15 the project with respect to which such assist16 ance is being provided. 

17 ‘‘(3) STATE.—The term ‘State’ has the mean18 ing such term has under section 401 of this title. 

19 ‘‘(4) CAPITALIZATION.—The term ‘‘capitaliza20 tion’’ means the process used for depositing funds as 

21 initial capital into a State infrastructure bank to es22 tablish the infrastructure bank. 

23 ‘‘(5) COOPERATIVE AGREEMENT.—The term 

24 ‘cooperative agreement’ means written consent be25 tween a State and the Secretary which sets forth the 
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1 manner in which the infrastructure bank established 

2 by the State in accordance with this section will be 

3 administered. 

4 ‘‘(6) LOAN.—The term ‘loan’ means any form 

5 of direct financial assistance from a State infra6 structure bank that is required to be repaid over a 

7 period of time and that is provided to a project 

8 sponsor for all or part of the costs of the project. 

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

10 means a contract entered into by a State infrastruc11 ture bank in which the bank agrees to take responsi12 bility for all or a portion of a project sponsor’s fi13 nancial obligations for a project under specified con14 ditions. 

15 ‘‘(8) INITIAL ASSISTANCE.—The term ‘initial 

16 assistance’ means the first round of funds that are 

17 loaned or used for credit enhancement by a State in18 frastructure bank for projects eligible for assistance 

19 under this section. 

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

21 financial structure used to increase funds in a State 

22 infrastructure bank through the issuance of debt in23 struments. 

24 ‘‘(10) LEVERAGED.— The term ‘leveraged’, as 

25 used with respect to a State infrastructure bank, 
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1 means that the bank has total potential liabilities 

2 that exceed the capital of the bank. 

3 ‘‘(b) COOPERATIVE AGREEMENTS.—Subject to the 

4 provisions of this section, the Secretary may enter into co5 operative agreements with States for the establishment of 

6 State infrastructure banks for making loans and providing 

7 other forms of credit assistance to public and private enti8 ties carrying out or proposing to carry out projects eligible 

9 for assistance under this section. 

10 ‘‘(c) INTERSTATE COMPACTS.—Congress grants con11 sent to 2 or more of the States, entering into a cooperative 

12 agreement under subsection (a) with the Secretary for the 

13 establishment by such States of a multi-State infrastruc14 ture bank in accordance with this section, to enter into 

15 an interstate compact establishing such bank in accord16 ance with this section. 

17 ‘‘(d) FUNDING.—

18 ‘‘(1) HIGHWAY ACCOUNT.—Subject to sub19 section (j), the Secretary may permit a State enter20 ing into a cooperative agreement under this section 

21 to establish a State infrastructure bank to deposit 

22 into the highway account of the bank not to ex23 ceed—

24 ‘‘(A) 10 percent of the funds apportioned 

25 to the State for each of fiscal years 2004 
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1 through 2009 under each of sections 104(b)(1), 

2 104(b)(3), 104(b)(4), and 144; and 

3 ‘‘(B) 10 percent of the funds allocated to 

4 the State for each of such fiscal years under 

5 section 105. 

6 ‘‘(2) TRANSIT ACCOUNT.—Subject to subsection 

7 (j), the Secretary may permit a State entering into 

8 a cooperative agreement under this section to estab9 lish a State infrastructure bank, and any other re10 cipient of Federal assistance under section 5307, 

11 5309, or 5311 of title 49, to deposit into the transit 

12 account of the bank not to exceed 10 percent of the 

13 funds made available to the State or other recipient 

14 in each of fiscal years 2004 through 2009 for capital 

15 projects under each of such sections. 

16 ‘‘(3) RAIL ACCOUNT.—Subject to subsection (j), 

17 the Secretary may permit a State entering into a co18 operative agreement under this section to establish 

19 a State infrastructure bank, and any other recipient 

20 of Federal assistance under subtitle V of title 49, to 

21 deposit into the rail account of the bank funds made 

22 available to the State or other recipient in each of 

23 fiscal years 2004 through 2009 for capital projects 

24 under such subtitle. 

25 ‘‘(4) CAPITAL GRANTS.—
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1 ‘‘(A) HIGHWAY ACCOUNT.—Federal funds 

2 deposited into a highway account of a State in3 frastructure bank under paragraph (1) shall 

4 constitute for purposes of this section a capital5 ization grant for the highway account of the 

6 bank. 

7 ‘‘(B) TRANSIT ACCOUNT.—Federal funds 

8 deposited into a transit account of a State in9 frastructure bank under paragraph (2) shall 

10 constitute for purposes of this section a capital11 ization grant for the transit account of the 

12 bank. 

13 ‘‘(C) RAIL ACCOUNT.—Federal funds de14 posited into a rail account of a State infrastruc15 ture bank under paragraph 3 shall constitute 

16 for purposes of this section a capitalization 

17 grant for the rail account of the bank. 

18 ‘‘(5) SPECIAL RULE FOR URBANIZED AREAS OF

19 OVER 200,000.—Funds in a State infrastructure 

20 bank that are attributed to urbanized areas of a 

21 State with urbanized populations of over 200,000 

22 under section 133(d)(3) may be used to provide as23 sistance with respect to a project only if the metro24 politan planning organization designated for such 
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1 area concurs, in writing, with the provision of such 

2 assistance. 

3 ‘‘(6) DISCONTINUANCE OFFUNDING.—If the 

4 Secretary determines that a State is not imple5 menting the State’s infrastructure bank in accord6 ance with a cooperative agreement entered into 

7 under subsection (b), the Secretary may prohibit the 

8 State from contributing additional Federal funds to 

9 the bank. 

10 ‘‘(e) FORMS OF ASSISTANCE FROM INFRASTRUCTURE

11 BANKS.—An infrastructure bank established under this 

12 section may make loans or provide other forms of credit 

13 assistance to a public or private entity in an amount equal 

14 to all or a part of the cost of carrying out a project eligible 

15 for assistance under this section. The amount of any loan 

16 or other form of credit assistance provided for the project 

17 may be subordinated to any other debt financing for the 

18 project. Initial assistance provided with respect to a 

19 project from Federal funds deposited into an infrastruc20 ture bank under this section may not be made in the form 

21 of a grant. 

22 ‘‘(f) ELIGIBLE PROJECTS.—Subject to subsection (e), 

23 funds in an infrastructure bank established under this sec24 tion may be used only to provide assistance for projects 

25 eligible for assistance under this title and capital projects 
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1 defined in section 5302 of title 49, and any other projects 

2 related to surface transportation that the Secretary deter3 mines to be appropriate. 

4 ‘‘(g) INFRASTRUCTURE BANK REQUIREMENTS.—In 

5 order to establish an infrastructure bank under this sec6 tion, the State establishing the bank shall—

7 ‘‘(1) deposit in cash, at a minimum, into each 

8 account of the bank from non-Federal sources an 

9 amount equal to 25 percent of the amount of each 

10 capitalization grant made to the State and deposited 

11 into such account; except that, if the deposit is into 

12 the highway account of the bank and the State has 

13 a non-Federal share under section 120(b) that is 

14 less than 25 percent, the percentage to be deposited 

15 from non-Federal sources shall be the lower percent16 age of such grant; 

17 ‘‘(2) ensure that the bank maintains on a con18 tinuing basis an investment grade rating on its debt, 

19 or has a sufficient level of bond or debt financing in20 strument insurance, to maintain the viability of the 

21 bank; 

22 ‘‘(3) ensure that investment income derived 

23 from funds deposited to an account of the bank 

24 are—

25 ‘‘(A) credited to the account; 
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1 ‘‘(B) available for use in providing loans 

2 and other forms of credit assistance to projects 

3 eligible for assistance from the account; and 

4 ‘‘(C) invested in United States Treasury 

5 securities, bank deposits, or such other financ6 ing instruments as the Secretary may approve 

7 to earn interest to enhance the leveraging of 

8 projects assisted by the bank; 

9 ‘‘(4) ensure that any loan from the bank will 

10 bear interest at or below market interest rates, as 

11 determined by the State, to make the project that is 

12 the subject of the loan feasible; 

13 ‘‘(5) ensure that repayment of any loan from 

14 the bank will commence not later than 5 years after 

15 the project has been completed or, in the case of a 

16 highway project, the facility has opened to traffic, 

17 whichever is later; 

18 ‘‘(6) ensure that the term for repaying any loan 

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

20 payment on the loan; and 

21 ‘‘(7) require the bank to make an annual report 

22 to the Secretary on its status no later than Sep23 tember 30 of each year and such other reports as 

24 the Secretary may require under guidelines issued to 

25 carry out this section. 
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1 ‘‘(h) APPLICABILITY OF FEDERAL LAW.—

2 ‘‘(1) IN GENERAL.—The requirements of this 

3 title and title 49 that would otherwise apply to funds 

4 made available under this title or such title and 

5 projects assisted with those funds shall apply to—

6 ‘‘(A) funds made available under this title 

7 or such title and contributed to an infrastruc8 ture bank established under this section, includ9 ing the non-Federal contribution required under 

10 subsection (g); and 

11 ‘‘(B) projects assisted by the bank through 

12 the use of the funds; 

13 except to the extent that the Secretary determines 

14 that any requirement of such title (other than sec15 tions 113 and 114 of this title and section 5333 of 

16 title 49), is not consistent with the objectives of this 

17 section. 

18 ‘‘(2) REPAYMENTS.—The requirements of this 

19 title and title 49 shall apply to repayments from 

20 non-Federal sources to an infrastructure bank from 

21 projects assisted by the bank. Such a repayment 

22 shall be considered to be Federal funds. 

23 ‘‘(i) UNITED STATES NOT OBLIGATED.—The deposit 

24 of Federal funds into an infrastructure bank established 

25 under this section shall not be construed as a commitment, 
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1 guarantee, or obligation on the part of the United States 

2 to any third party, nor shall any third party have any right 

3 against the United States for payment solely by virtue of 

4 the contribution. Any security or debt-financing instru5 ment issued by the infrastructure bank shall expressly 

6 state that the security or instrument does not constitute 

7 a commitment, guarantee, or obligation of the United 

8 States. 

9 ‘‘(j) MANAGEMENT OF FEDERAL FUNDS.—Sections 

10 3335 and 6503 of title 31, shall not apply to funds depos11 ited into an infrastructure bank under this section. 

12 ‘‘(k) PROGRAM ADMINISTRATION.—For each of fiscal 

13 years 2004 through 2009, a State may expend not to ex14 ceed 2 percent of the Federal funds contributed to an in15 frastructure bank established by the State under this sec16 tion to pay the reasonable costs of administering the 

17 bank.’’.

18 (b) PREPARATORY AMENDMENTS.—

19 (1) SECTION 181.—Section 181 of such title is 

20 further amended—

21 (A) by striking the section designator and 

22 heading and inserting the following: 

23 ‘‘§ 181. Generally applicable provisions’’; 

24 (B) by striking ‘‘In this subchapter’’ and 

25 inserting ‘‘(a) DEFINITIONS.—In this chapter’’; 
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1 (C) in paragraph (5) by striking ‘‘184’’ 

2 and inserting ‘‘604’’; and 

3 (D) in paragraph (11) (as redesignated by 

4 section 1601(a) of this Act) by striking ‘‘183’’ 

5 and inserting ‘‘603’’; and 

6 (E) by adding at the end the following: 

7 ‘‘(b) TREATMENT OF CHAPTER.—For purposes of 

8 this title, this chapter shall be treated as being part of 

9 chapter 1.’’. 

10 (2) SECTION 182.—Section 182(b)(2)(A)(viii) 

11 of such title is further amended by inserting ‘‘and 

12 chapter 1’’ after ‘‘this chapter’’. 

13 (3) SECTION 183.—Section 183(a) of such title 

14 is further amended—

15 (A) in paragraph (1) by striking ‘‘182’’ 

16 and inserting ‘‘602’’; and 

17 (B) in paragraph (3) by striking 

18 ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B)’’. 

19 (4) SECTION 184.—Section 184 of such title is 

20 further amended—

21 (A) in subsection (a)(1) by striking ‘‘182’’ 

22 and inserting ‘‘602’’; 

23 (B) in subsection (a)(3) by striking 

24 ‘‘182(b)(2)(B)’’ and inserting ‘‘602(b)(2)(B); 

25 and 
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1 (C) in subsection (b)(10) by striking 

2 ‘‘183’’ and inserting ‘‘603’’. 

3 (5) REFERENCES IN SUBCHAPTER.—Sub4 chapter II of chapter 1 of such title is amended by 

5 striking ‘‘this subchapter’’ each place it appears and 

6 inserting ‘‘chapter’’. 

7 (6) SUBCHAPTER HEADINGS.—Chapter 1 of 

8 such title is further amended—

9 (A) by striking ‘‘SUBCHAPTER I—GEN10 ERAL PROVISIONS’’ preceding section 101; 

11 and 

12 (B) by striking ‘‘SUBCHAPTER II—IN13 FRASTRUCTURE FINANCE’’ preceding sec14 tion 181. 

15 (c) CHAPTER 6.—Such title is further amended by 

16 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.’’.

17 (d) MOVING AND REDESIGNATING.—Such title is fur18 ther amended—
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1 (1) by redesignating sections 181 through 189 

2 as sections 601 through 609, respectively; 

3 (2) by moving such sections from chapter 1 to 

4 chapter 6 (as added by subsection (c)); and 

5 (3) by inserting such sections after the analysis 

6 for chapter 6. 

7 (e) ANALYSIS FOR CHAPTER 1 AND TABLE OF CHAP8 TERS.—

9 (1) ANALYSIS FOR CHAPTER 1.—The analysis 

10 for chapter 1 of such title is amended—

11 (A) by striking the headings for sub12 chapters I and II; and 

13 (B) by striking the items relating to sec14 tions 181 through 189. 

15 (2) TABLE OFCHAPTERS.—The table of chap16 ters for such title is amended by inserting after the 

17 item relating to chapter 5 the following:

6. Infrastructure and Finance ................................................................. 601

18 SEC. 1603. INTERSTATE SYSTEM RECONSTRUCTION AND 

19 REHABILITATION PILOT PROGRAM. 

20 [Reserved.] 

21 Subtitle G—High Priority Projects

22 SEC. 1701. HIGH PRIORITY PROJECTS PROGRAM. 

23 (a) AUTHORIZATION OF HIGH PRIORITY

24 PROJECTS.—Section 117(a) of title 23, United States 

25 Code, is amended by striking ‘‘1602 of the Transportation 
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1 Equity Act for the 21st Century’’ and inserting ‘‘1701 of 

2 the Transportation Equity Act: A Legacy for Users’’. 

3 (b) ALLOCATION PERCENTAGES.—Section 117(b) of 

4 such title is amended by striking paragraphs (1) through 

5 (6) and inserting the following: 

6 ‘‘(1) 13 percent of such amount shall be avail7 able for obligation beginning in fiscal year 2004; 

8 ‘‘(2) 14.3 percent of such amount shall be avail9 able for obligation beginning in fiscal year 2005; 

10 ‘‘(3) 15.7 percent of such amount shall be avail11 able for obligation beginning in fiscal year 2006; 

12 ‘‘(4) 17.2 percent of such amount shall be avail13 able for obligation beginning in fiscal year 2007; 

14 ‘‘(5) 18.9 percent of such amount shall be avail15 able for obligation beginning in fiscal year 2008; and 

16 ‘‘(6) 20.9 percent of such amount shall be avail17 able for obligation beginning in fiscal year 2009.’’. 

18 (c) FEDERAL SHARE.—Section 117(c) of such title 

19 is amended by striking ‘‘; except’’ and all that follows 

20 through ‘‘cost thereof’’. 

21 (d) ADVANCE CONSTRUCTION.—Section 117(e) of 

22 such title is amended by striking ‘‘1602 of the Transpor23 tation Equity Act for the 21st Century’’ each place it ap24 pears and inserting ‘‘1701 of the Transportation Equity 

25 Act: A Legacy for Users’’. 
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1 (e) AVAILABILITY OF OBLIGATION LIMITATION.—

2 Section 117(g) of such title is amended by striking 

3 ‘‘Transportation Equity Act for the 21st Century’’ and in4 serting ‘‘Transportation Equity Act: A Legacy for Users’’.

5 TITLE II—HIGHWAY SAFETY 

6 SEC. 2001. AUTHORIZATIONS OF APPROPRIATIONS. 

7 (a) IN GENERAL.—The following sums are author8 ized to be appropriated out of the Highway Trust Fund 

9 (other than the Mass Transit Account): 

10 (1) HIGHWAY SAFETY PROGRAMS.—For car11 rying out section 402 of title 23, United States 

12 Code, $245,000,000 for fiscal year 2004, 

13 $250,000,000 for fiscal year 2005, $255,000,000 for 

14 fiscal year 2006, $260,000,000 for fiscal year 2007, 

15 $265,000,000 for fiscal year 2008, and 

16 $270,000,000 for fiscal year 2009. 

17 (2) HIGHWAY SAFETY RESEARCH AND DEVEL18 OPMENT.—For carrying out section 403 of title 23, 

19 United States Code, $91,000,000 for each of fiscal 

20 years 2004 through 2009. 

21 (3) OCCUPANT PROTECTION INCENTIVE

22 GRANTS.—For carrying out section 405 of title 23, 

23 United States Code, $140,000,000 for fiscal year 

24 2004, $145,000,000 for fiscal year 2005, 

25 $150,000,000 for fiscal year 2006, $155,000,000 for 
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1 fiscal year 2007, $160,000,000 for fiscal year 2008, 

2 and $165,000,000 for fiscal year 2009. 

3 (4) ALCOHOL-IMPAIRED DRIVING COUNTER4 MEASURES INCENTIVE GRANT PROGRAM.—For car5 rying out section 410 of title 23, United States 

6 Code, $135,000,000 for fiscal year 2004, 

7 $140,000,000 for fiscal year 2005, $145,000,000 for 

8 fiscal year 2006, $150,000,000 for fiscal year 2007, 

9 $155,000,000 for fiscal year 2008, and 

10 $160,000,000 for fiscal year 2009. 

11 (5) STATE TRAFFIC SAFETY INFORMATION IM12 PROVEMENTS.—For carrying out section 412 of title 

13 23, United States Code, $25,000,000 for fiscal year 

14 2004, $30,000,000 for fiscal year 2005, 

15 $35,000,000 for fiscal year 2006, $40,000,000 for 

16 fiscal year 2007, $45,000,000 for fiscal year 2008, 

17 and $50,000,000 for fiscal year 2009. 

18 (6) NATIONAL DRIVER REGISTER.—For car19 rying out chapter 303 of title 49, United States 

20 Code, by the National Highway Traffic Safety Ad21 ministration, $4,000,000 for each of fiscal years 

22 2004 through 2009. 

23 (7) HIGH VISIBILITY ENFORCEMENT PRO24 GRAM.—For carrying out section 2005 of this title, 
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1 $10,000,000 for each of fiscal years 2004 through 

2 2009. 

3 (b) APPLICABILITY OF TITLE 23.—Amounts made 

4 available under subsection (a) for each of fiscal years 2004 

5 through 2009 shall be available for obligation in the same 

6 manner as if such funds were apportioned under chapter 

7 1 of title 23, United States Code. 

8 (c) TRANSFERS.—In each fiscal year, the Secretary 

9 may transfer any amounts remaining available under 

10 paragraph (3), (4), or (5) of subsection (a) to the amounts 

11 made available under any other of such paragraphs in 

12 order to ensure, to the maximum extent possible, that each 

13 State receives the maximum incentive funding for which 

14 the State is eligible under sections 405, 410, and 412 of 

15 title 23, United States Code. 

16 SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. 

17 (a) GENERAL AUTHORITY.—Section 405(a) of title 

18 23, United States Code, is amended—

19 (1) in paragraph (2) by striking ‘‘Transpor20 tation Equity Act for the 21st Century’’ and insert21 ing ‘‘Transportation Equity Act: A Legacy for 

22 Users’’; 

23 (2) in paragraph (3) by striking ‘‘1997’’ and in24 serting ‘‘2003’’; and 
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1 (3) in paragraphs (4)(A), (4)(B), and (4)(C) by 

2 inserting after ‘‘years’’ the following: ‘‘beginning 

3 after September 30, 2003,’’. 

4 (b) GRANT ELIGIBILITY.—Section 405(b) of title 23, 

5 United States Code, is amended by striking ‘‘A State shall 

6 become eligible’’ and inserting the following: ‘‘A State 

7 shall be eligible for a grant under this section if the State 

8 has a seat belt usage rate of 85 percent or greater as of 

9 the date of the grant, as determined by the Secretary. A 

10 State may also become eligible’’. 

11 (c) GRANT AMOUNTS.—Section 405(c) of title 23, 

12 United States Code, is amended—

13 (1) by striking ‘‘25 percent’’ and inserting ‘‘100 

14 percent’’; and 

15 (2) by striking ‘‘1997’’ and inserting ‘‘2003’’. 

16 SEC. 2003. ALCOHOL-IMPAIRED DRIVING COUNTER17 MEASURES. 

18 (a) GENERAL AUTHORITY.—Section 410(a) of title 

19 23, United States Code, is amended—

20 (1) in paragraph (2) by striking ‘‘Transpor21 tation Equity Act for the 21st Century’’ and insert22 ing ‘‘Transportation Equity Act: A Legacy for 

23 Users’’; 

24 (2) in paragraph (3) by striking ‘‘1997’’ and in25 serting ‘‘2003’’; and 
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1 (3) in paragraphs (4)(A), (4)(B), and (4)(C) by 

2 inserting after ‘‘years’’ the following: ‘‘beginning 

3 after September 30, 2003,’’. 

4 (b) BASIC GRANT A.—Section 410(b)(1) of title 23, 

5 United States Code, is amended—

6 (1) by striking ‘‘A State shall become eligible’’ 

7 and inserting the following: ‘‘A State shall be eligible 

8 for a grant under this paragraph if the State has an 

9 alcohol-related fatality rate per 100,000,000 vehicle 

10 miles traveled of 0.5 or less as of the date of the 

11 grant, as determined by the Secretary using the Fa12 tality Analysis Reporting System of the National 

13 Highway Traffic Safety Administration. A State 

14 may also become eligible’’; 

15 (2) by striking ‘‘at least 5 of’’ and inserting ‘‘at 

16 least 6 of’’; 

17 (3) in subparagraph (A) is amended—

18 (A) by striking ‘‘and’’ at the end of clause 

19 (i)(II); 

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

21 clause (ii) and inserting ‘‘; and’’; and 

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

23 ‘‘(iii) the suspension and revocation 

24 referred to under clause (i) may allow an 

25 individual to operate a motor vehicle to 
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1 and from employment or in pursuit of em2 ployment if an ignition interlock device is 

3 installed on each of the motor vehicles 

4 owned or operated, or both, by the indi5 vidual.’’; 

6 (4) by striking subparagraph (F) and inserting 

7 the following: 

8 ‘‘(F) OUTREACH PROGRAM.—A judicial 

9 and prosecutorial education, training, and out10 reach program that provides information on the 

11 appropriateness and effectiveness of sentencing 

12 options.’’; and 

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

14 ‘‘(H) SELF-SUSTAINING DRUNK DRIVING

15 PREVENTION PROGRAM.—A self-sustaining 

16 drunk driving prevention program under which 

17 a significant portion of the fines or surcharges 

18 collected from individuals apprehended and 

19 fined for operating a motor vehicle while under 

20 the influence of alcohol are returned to those 

21 communities that have comprehensive programs 

22 for the prevention of such operations of motor 

23 vehicles. 

24 ‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL

25 REHABILITATION.—A program for effective in-
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1 patient and outpatient alcohol rehabilitation 

2 based on mandatory assessment and appro3 priate treatment for repeat offenders described 

4 in subparagraph (A)(i)(II).’’. 

5 (c) BASIC GRANT B.—Section 410(b) of title 23, 

6 United States Code, is amended—

7 (1) by striking paragraph (2) and inserting the 

8 following: 

9 ‘‘(2) BASIC GRANT B.—A State shall become el10 igible for a grant under this paragraph if the 

11 State—

12 ‘‘(A) has an alcohol-related fatality rate 

13 per 100,000,000 vehicle miles traveled of 0.8 or 

14 more as of the date of the grant, as determined 

15 by the Secretary using the Fatality Analysis 

16 Reporting System of the National Highway 

17 Traffic Safety Administration; and 

18 ‘‘(B) establishes, subject to such require19 ments as the Secretary may prescribe, a task 

20 force to evaluate and recommend changes to the 

21 State’s drunk driving programs.’’; and 

22 (2) in paragraph (3)—

23 (A) by striking ‘‘25 percent’’ and inserting 

24 ‘‘100 percent’’; and 
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1 (B) by striking ‘‘1997’’ and inserting 

2 ‘‘2003’’. 

3 (d) SUPPLEMENTAL GRANTS.—Section 410(c) of title 

4 23, United States Code, is amended to read as follows: 

5 ‘‘(c) ALLOCATION FOR BASIC GRANTS B.—Not more 

6 than $20,000,000 per fiscal year of amounts made avail7 able to carry out this section shall be available for making 

8 grants under subsection (b)(2).’’. 

9 SEC. 2004. STATE TRAFFIC SAFETY INFORMATION SYSTEM 

10 IMPROVEMENTS. 

11 (a) IN GENERAL.—Chapter 4 of title 23, United 

12 States Code, is amended by adding at the end the fol13 lowing: 

14 ‘‘§ 412. State traffic safety information system im15 provements 

16 ‘‘(a) GENERAL AUTHORITY.—

17 ‘‘(1) AUTHORITY TO MAKE GRANTS.—Subject 

18 to the requirements of this section, the Secretary 

19 shall make grants to States that adopt and imple20 ment effective programs to—

21 ‘‘(A) improve the timeliness, accuracy, 

22 completeness, uniformity, integration, and ac23 cessibility of the safety data of the State that 

24 is needed to identify priorities for national, 
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1 State, and local highway and traffic safety pro2 grams; 

3 ‘‘(B) evaluate the effectiveness of efforts to 

4 make such improvements; 

5 ‘‘(C) link these State data systems, includ6 ing traffic records, with other data systems 

7 within the State, such as systems that contain 

8 medical, roadway, and economic data; and 

9 ‘‘(D) improve the compatibility and inter10 operability of the data systems of the State 

11 with national data systems and data systems of 

12 other States and enhance the ability of the Sec13 retary to observe and analyze national trends in 

14 crash occurrences, rates, outcomes, and cir15 cumstances. 

16 ‘‘(2) USE OFGRANTS.—A State may use a 

17 grant received under this section only to implement 

18 such programs. 

19 ‘‘(3) MODEL DATA ELEMENTS.—The Secretary, 

20 in consultation with States and other appropriate 

21 parties, shall determine the model data elements 

22 necessary to observe and analyze State and national 

23 trends in crash occurrences, rates, outcomes, and 

24 circumstances. In order to become eligible for a 

25 grant under this section, a State shall certify to the 
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1 Secretary the State’s adoption and use of such 

2 model data elements. 

3 ‘‘(4) MAINTENANCE OF EFFORT.—No grant 

4 may be made to a State under this section in any 

5 fiscal year unless the State enters into such agree6 ments with the Secretary as the Secretary may re7 quire ensuring that the State will maintain its ag8 gregate expenditures from all other sources for high9 way safety data programs at or above the average 

10 level of such expenditures in the 2 fiscal years pre11 ceding the date of enactment of this section. 

12 ‘‘(5) FEDERAL SHARE.—The Federal share of 

13 the cost of implementing in a fiscal year a program 

14 of a State pursuant to paragraph (1) shall not ex15 ceed 80 percent. 

16 ‘‘(b) FIRST-YEAR GRANTS.—To be eligible for a first17 year grant under this section, a State shall demonstrate 

18 to the satisfaction of the Secretary that the State has—

19 ‘‘(1) established a highway safety data and traf20 fic records coordinating committee with a multidisci21 plinary membership that includes, among others, 

22 managers, collectors, and users of traffic records 

23 and public health and injury control data systems; 

24 and 
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1 ‘‘(2) developed a multiyear highway safety data 

2 and traffic records system strategic plan that ad3 dresses existing deficiencies in the State’s highway 

4 safety data and traffic records system and is ap5 proved by the highway safety data and traffic 

6 records coordinating committee and—

7 ‘‘(A) specifies how existing deficiencies in 

8 the State’s highway safety data and traffic 

9 records system were identified; 

10 ‘‘(B) prioritizes, based on the identified 

11 highway safety data and traffic records system 

12 deficiencies, the highway safety data and traffic 

13 records system needs and goals of the State, in14 cluding the activities described in subsection 

15 (a)(1); 

16 ‘‘(C) identifies performance-based meas17 ures by which progress toward those goals will 

18 be determined; 

19 ‘‘(D) specifies how the grant funds and 

20 any other funds of the State will be used to ad21 dress needs and goals identified in the 

22 multiyear plan; and 

23 ‘‘(E) includes a current report on the 

24 progress in implementing the multiyear plan 
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1 that documents progress toward the specified 

2 goals. 

3 ‘‘(c) SUCCEEDING-YEAR GRANTS.— 

4 ‘‘(1) ELIGIBILITY.—A State shall be eligible for 

5 a grant under this subsection in a fiscal year suc6 ceeding the first fiscal year in which the State re7 ceives a grant under subsection (b) if the State, to 

8 the satisfaction of the Secretary—

9 ‘‘(A) submits an updated multiyear plan 

10 that meets the requirements of subsection 

11 (b)(2); 

12 ‘‘(B) certifies that its highway safety data 

13 and traffic records coordinating committee con14 tinues to operate and supports the multiyear 

15 plan; 

16 ‘‘(C) specifies how the grant funds and any 

17 other funds of the State will be used to address 

18 needs and goals identified in the multiyear plan; 

19 ‘‘(D) demonstrates measurable progress to20 ward achieving the goals and objectives identi21 fied in the multiyear plan; and 

22 ‘‘(E) includes a current report on the 

23 progress in implementing the multiyear plan. 

24 ‘‘(d) GRANT AMOUNTS.—
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1 ‘‘(1) IN GENERAL.—The amount of a grant 

2 made to a State for a fiscal year under this section 

3 shall equal an amount determined by multiplying—

4 ‘‘(A) the amount appropriated to carry out 

5 this section for such fiscal year; by 

6 ‘‘(B) the ratio that the funds apportioned 

7 to the State under section 402 for fiscal year 

8 2003 bears to the funds apportioned to all 

9 States under section 402 for fiscal year 2003. 

10 ‘‘(2) MINIMUM AMOUNT.—Notwithstanding 

11 subparagraph (A)—

12 ‘‘(A) a State eligible for a first-year grant 

13 under this section shall not receive less than 

14 $300,000; and 

15 (B) a State eligible for a succeeding-year 

16 grant under this section shall not receive less 

17 than $500,000. 

18 ‘‘(e) ADMINISTRATIVE EXPENSES.—Funds author19 ized to be appropriated to carry out this section in a fiscal 

20 year shall be subject to a deduction not to exceed 5 percent 

21 for the necessary costs of administering the provisions of 

22 this section. 

23 ‘‘(f) APPLICABILITY OF CHAPTER 1.—The provisions 

24 contained in section 402(d) shall apply to this section.’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 4 of title 23, United States Code, is amended by 

3 adding at the end the following:

‘‘412. State traffic safety information system improvements.’’.

4 SEC. 2005. HIGH VISIBILITY ENFORCEMENT PROGRAM. 

5 The Secretary shall establish a program to support 

6 national impaired driving mobilization and enforcement ef7 forts and national safety belt mobilization and enforce8 ment, including the purchase of national paid advertise9 ment (including production and placement) to support 

10 such efforts. 

11 SEC. 2006. MOTORCYCLE CRASH CAUSATION STUDY. 

12 (a) IN GENERAL.—Using funds made available to 

13 carry out section 403 of title 23, United States Code, the 

14 Secretary shall conduct a study of the causes of motorcycle 

15 crashes. 

16 (b) REPORT.—Not later than 3 years after the date 

17 of enactment of this Act, the Secretary shall transmit to 

18 Congress a report on the results of the study. 

19 SEC. 2007. CHILD SAFETY AND BOOSTER SEATS. 

20 [Reserved.]
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1 TITLE III—FEDERAL TRANSIT 

2 ADMINISTRATION PROGRAMS 

3 SEC. 3001. SHORT TITLE; AMENDMENTS TO TITLE 49, 

4 UNITED STATES CODE. 

5 (a) SHORT TITLE.—This title may be cited as the 

6 ‘‘Federal Public Transportation Act of 2004’’. 

7 (b) AMENDMENTS TO TITLE 49, UNITED STATES

8 CODE.—Except as otherwise specifically provided, when9 ever in this title an amendment or repeal is expressed in 

10 terms of an amendment to, or repeal of, a section or other 

11 provision of law, the reference shall be considered to be 

12 made to a section or other provision of title 49, United 

13 States Code. 

14 SEC. 3002. POLICIES, FINDINGS, AND PURPOSES. 

15 (a) IN GENERAL.—Section 5301(a) is amended to 

16 read as follows: 

17 ‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUB18 LIC TRANSPORTATION SYSTEMS.—It is in the interest of 

19 the United States to foster the development and revitaliza20 tion of public transportation systems that—

21 ‘‘(1) maximize the safe, secure, and efficient 

22 mobility of individuals; 

23 ‘‘(2) minimize environmental impacts; and 

24 ‘‘(3) minimize transportation-related fuel con25 sumption and reliance on foreign oil.’’. 
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1 (b) PRESERVING THE ENVIRONMENT.—Section 

2 5301(e) is amended—

3 (1) by striking ‘‘an urban’’ and inserting ‘‘a’’; 

4 and 

5 (2) by striking ‘‘under sections 5309 and 5310 

6 of this title’’. 

7 (c) GENERAL PURPOSES.—Section 5301(f) is amend8 ed—

9 (1) in paragraph (1)—

10 (A) by striking ‘‘mass’’ the first place it 

11 appears and inserting ‘‘public’’; and 

12 (B) by striking ‘‘public and private mass 

13 transportation companies’’ and inserting ‘‘both 

14 public transportation companies and private 

15 companies engaged in public transportation’’; 

16 (2) in paragraph (2)—

17 (A) by striking ‘‘urban mass’’ and insert18 ing ‘‘public’’; and 

19 (B) by striking ‘‘public and private mass 

20 transportation companies’’ and inserting ‘‘both 

21 public transportation companies and private 

22 companies engaged in public transportation’’; 

23 (3) in paragraph (3)—

24 (A) by striking ‘‘urban mass’’ and insert25 ing ‘‘public’’; and 
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1 (B) by striking ‘‘public or private mass 

2 transportation companies’’ and inserting ‘‘pub3 lic transportation companies or private compa4 nies engaged in public transportation’’; and 

5 (4) in paragraph (5) by striking ‘‘urban mass’’ 

6 and inserting ‘‘public’’. 

7 SEC. 3003. DEFINITIONS. 

8 (a) LEAD-IN.—Section 5302(a) is amended in the 

9 matter preceding paragraph (1) by striking ‘‘In this chap10 ter’’ and inserting ‘‘Except as otherwise specifically pro11 vided, in this chapter’’. 

12 (b) CAPITAL PROJECT.—Section 5302(a)(1) is 

13 amended—

14 (1) in subparagraph (G) by inserting ‘‘construc15 tion, renovation, and improvement of intercity bus 

16 stations and terminals,’’ before ‘‘and the renovation 

17 and improvement of historic transportation facili18 ties,’’; 

19 (2) in subparagraph (G)(ii) by inserting ‘‘(other 

20 than a intercity bus station or terminal)’’ after 

21 ‘‘commercial revenue-producing facility’’; 

22 (3) by striking ‘‘or’’ at the end of subparagraph 

23 (H); 

24 (4) by striking the period at the end of sub25 paragraph (I) and inserting a semicolon; and 
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1 (5) by adding at the end the following: 

2 ‘‘(J) crime prevention and security—

3 ‘‘(i) including—

4 ‘‘(I) projects to refine and de5 velop security and emergency response 

6 plans; 

7 ‘‘(II) projects aimed at detecting 

8 chemical and biological agents in pub9 lic transportation; 

10 ‘‘(III) the conduct of emergency 

11 response drills with public transpor12 tation agencies and local first re13 sponse agencies; and 

14 ‘‘(IV) security training for public 

15 transportation employees; but 

16 ‘‘(ii) excluding all expenses related to 

17 operations, other than such expenses in18 curred in conducting activities described in 

19 subclauses (III) and (IV); 

20 ‘‘(K) establishment of a debt service re21 serve made up of deposits with a bondholders’ 

22 trustee in a noninterest bearing account for the 

23 purpose of ensuring timely payment of principal 

24 and interest on bonds issued by a grant recipi-
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1 ent for purposes of financing an eligible project 

2 under this chapter; or 

3 ‘‘(L) mobility management—

4 ‘‘(i) consisting of short-range planning 

5 and management activities and projects for 

6 improving coordination among public 

7 transportation and other transportation 

8 service providers carried out by a recipient 

9 or subrecipient through an agreement en10 tered into with a person, including a gov11 ernmental entity, under this chapter (other 

12 than section 5309); but 

13 ‘‘(ii) excluding operating public trans14 portation services.’’. 

15 (c) INDIVIDUAL WITH A DISABILITY.—Section 

16 5302(a)(5) is amended—

17 (1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ 

18 and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; 

19 and 

20 (2) by striking ‘‘handicapped individual’’ and 

21 inserting ‘‘individual with a disability’’. 

22 (d) MASS TRANSPORTATION.—Section 5302(a)(7) is 

23 amended to read as follows: 

24 ‘‘(7) MASS TRANSPORTATION.—The term ‘mass 

25 transportation’ means public transportation.’’. 
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1 (e) PUBLIC TRANSPORTATION.—Section 5302(a)(10) 

2 is amended to read as follows: 

3 ‘‘(10) PUBLIC TRANSPORTATION.—The term 

4 ‘public transportation’ means transportation by a 

5 conveyance that provides regular and continuing 

6 general or special transportation to the public, but 

7 does not include schoolbus, charter, or sightseeing 

8 transportation.’’. 

9 (f) URBANIZED AREA.—Section 5302(a)(17) is 

10 amended to read as follows: 

11 ‘‘(17) URBANIZED AREA.—The term ‘urbanized 

12 area’ means an area encompassing a population of 

13 at least 50,000 people that has been defined and 

14 designated in the latest decennial census as an ur15 banized area by the Secretary of Commerce.’’. 

16 (g) AUTHORITY TO MODIFY DEFINITION.—Section 

17 5302(b) is amended—

18 (1) by striking ‘‘HANDICAPPED INDIVIDUAL’’ 

19 and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; 

20 and 

21 (2) by striking ‘‘handicapped individual’’ and 

22 inserting ‘‘individual with a disability’’. 

23 SEC. 3004. METROPOLITAN PLANNING. 

24 Section 5303 is amended to read as follows: 
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1 ‘‘§ 5303. Metropolitan planning 

2 ‘‘(a) IN GENERAL.—Grants made under sections 

3 5307, 5308, 5309, 5310, 5311, 5316, and 5317 shall be 

4 carried out in accordance with the metropolitan planning 

5 provisions of chapter 52. 

6 ‘‘(b) CERTIFICATION.—

7 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

8 and certify that each metropolitan planning organi9 zation in each transportation management area is 

10 carrying out its responsibilities under applicable laws 

11 of the United States. The Secretary may make the 

12 certification only if the organization is complying 

13 with chapter 52 and other applicable requirements 

14 of laws of the United States and the organization 

15 and chief executive officer have approved a transpor16 tation improvement program for the area. 

17 ‘‘(2) LIMITATION ON WITHHOLDING CERTIFI18 CATION.—The Secretary may not withhold certifi19 cation based on the policies and criteria a metropoli20 tan planning organization or mass transportation 

21 grant recipient establishes under section 5306(a) for 

22 deciding the feasibility of private enterprise partici23 pation.’’. 

24 SEC. 3005. STATEWIDE PLANNING. 

25 (a) IN GENERAL.—Section 5304 is amended to read 

26 as follows: 
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1 ‘‘§ 5304. Statewide planning 

2 ‘‘Grants made under sections 5307, 5308, 5309, 

3 5310, 5311, 5316, and 5317 shall be carried out in ac4 cordance with the statewide planning provisions of chapter 

5 52.’’. 

6 (b) CONFORMING AMENDMENT.—The analysis for 

7 chapter 53 is amended by striking the item relating to 

8 section 5304 and inserting the following:

‘‘5304. Statewide planning.’’.

9 SEC. 3006. PLANNING PROGRAMS. 

10 (a) IN GENERAL.—Section 5305 is amended to read 

11 as follows: 

12 ‘‘§ 5305. Planning programs 

13 ‘‘(a) STATE DEFINED.—In this section the term 

14 ‘State’ means a State of the United States, the District 

15 of Columbia, and Puerto Rico. 

16 ‘‘(b) GENERAL AUTHORITY.—

17 ‘‘(1) ASSISTANCE.—Under criteria to be estab18 lished by the Secretary, the Secretary may provide 

19 assistance for—

20 ‘‘(A) the development of transportation 

21 plans and programs; 

22 ‘‘(B) planning, engineering, designing, and 

23 evaluating a public transportation project; and 

24 ‘‘(C) for other technical studies. 
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1 ‘‘(2) GRANTS, AGREEMENTS, AND CON2 TRACTS.—The Secretary may provide assistance 

3 under paragraph (1)—

4 ‘‘(A) by making grants to States, authori5 ties of States, metropolitan planning organiza6 tions, and local governmental authorities; or 

7 ‘‘(B) by making agreements with other de8 partments, agencies, and instrumentalities of 

9 the Government. 

10 ‘‘(3) ELIGIBLE ACTIVITIES.—Activities eligible 

11 for assistance under paragraph (1) include the fol12 lowing: 

13 ‘‘(A) Studies related to management, plan14 ning, operations, capital requirements, and eco15 nomic feasibility. 

16 ‘‘(B) Evaluating previously financed 

17 projects. 

18 ‘‘(C) Peer reviews and exchanges of tech19 nical data, information, assistance, and related 

20 activities in support of planning and environ21 mental analyses among metropolitan planning 

22 organizations and other transportation plan23 ners. 

24 ‘‘(D) Other similar and related activities 

25 preliminary to and in preparation for con-
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1 structing, acquiring, or improving the operation 

2 of facilities and equipment. 

3 ‘‘(c) PURPOSE.—To the extent practicable, the Sec4 retary shall ensure that amounts appropriated or made 

5 available under section 5338 to carry out this section and 

6 sections 5303 and 5304 are used to support balanced and 

7 comprehensive transportation planning that considers the 

8 relationships among land use and all transportation 

9 modes, without regard to the programmatic source of the 

10 planning amounts. 

11 ‘‘(d) METROPOLITAN PLANNING PROGRAM.—

12 ‘‘(1) APPORTIONMENT TO STATES.—

13 ‘‘(A) IN GENERAL.—The Secretary shall 

14 apportion 80 percent of the amounts made 

15 available under subsection (g)(1) among the 

16 States to carry out sections 5303 and 5306 in 

17 the ratio that—

18 ‘‘(i) the population of urbanized areas 

19 in each State, as shown by the latest avail20 able decennial census of population; bears 

21 to 

22 ‘‘(ii) the total population of urbanized 

23 areas in all States, as shown by that cen24 sus. 
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1 ‘‘(B) MINIMUM APPORTIONMENT.—Not2 withstanding subparagraph (A), a State may 

3 not receive less than 0.5 percent of the amount 

4 apportioned under this paragraph. 

5 ‘‘(2) ALLOCATION TO MPO’S.—Amounts appor6 tioned to a State under paragraph (1) shall be made 

7 available promptly after allocation to metropolitan 

8 planning organizations in the State designated under 

9 this section under a formula that—

10 ‘‘(A) considers population of urbanized 

11 areas; 

12 ‘‘(B) provides an appropriate distribution 

13 for urbanized areas to carry out the cooperative 

14 processes described in this section; 

15 ‘‘(C) the State develops in cooperation with 

16 the metropolitan planning organizations; and 

17 ‘‘(D) the Secretary approves. 

18 ‘‘(3) SUPPLEMENTAL AMOUNTS—

19 ‘‘(A) IN GENERAL.—The Secretary shall 

20 apportion 20 percent of the amounts made 

21 available under subsection (g)(1) among the 

22 States to supplement allocations made under 

23 paragraph (1) for metropolitan planning organi24 zations. 
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1 ‘‘(B) FORMULA.—The Secretary shall ap2 portion amounts referred to in subparagraph 

3 (A) under a formula that reflects the additional 

4 cost of carrying out planning, programming, 

5 and project selection responsibilities under sec6 tions 5303 and 5306 in certain urbanized 

7 areas. 

8 ‘‘(e) STATE PLANNING AND RESEARCH PROGRAM.—

9 ‘‘(1) APPORTIONMENT TO STATES.—

10 ‘‘(A) IN GENERAL.—The Secretary shall 

11 apportion the amounts made available under 

12 subsection (g)(2) among the States for grants 

13 and contracts to carry out sections 5303 

14 through 5306, 5312, 5315, and 5322 in the 

15 ratio that—

16 ‘‘(i) the population of urbanized areas 

17 in each State, as shown by the latest avail18 able decennial census; bears to 

19 ‘‘(ii) the population of urbanized areas 

20 in all States, as shown by that census. 

21 ‘‘(B) MINIMUM APPORTIONMENT.—Not22 withstanding subparagraph (A), a State may 

23 not receive less than 0.5 percent of the amount 

24 apportioned under this paragraph. 
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1 ‘‘(2) SUPPLEMENTAL AMOUNTS—A State, as 

2 the State considers appropriate, may authorize part 

3 of the amount made available under this subsection 

4 to be used to supplement amounts made available 

5 under subsection (d). 

6 ‘‘(f) GOVERNMENT’S SHARE OF COSTS.—The Gov7 ernment’s share of the cost of an activity funded using 

8 amounts made available under this section may not exceed 

9 80 percent of the cost of the activity unless the Secretary 

10 determines that it is in the interests of the Government 

11 not to require a State or local match. 

12 ‘‘(g) ALLOCATION OF FUNDS.—Of the funds made 

13 available by or appropriated to carry out this section 

14 under section 5338(c) for fiscal years 2004 through 

15 2009—

16 ‘‘(1) 82.72 percent shall be available for the 

17 metropolitan planning program under subsection (d); 

18 and 

19 ‘‘(2) 17.28 percent shall be available to carry 

20 out subsection (e). 

21 ‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned 

22 under this section in a State shall remain available for 

23 obligation in that State for a period of 3 years after the 

24 last day of the fiscal year for which the funds are author25 ized. Any amounts so apportioned that remain unobligated 
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1 at the end of that period shall be reapportioned among 

2 the States.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 53 is amended by striking the item relating to 

5 section 5305 and inserting the following:

‘‘5305. Planning programs.’’.

6 SEC. 3007. PRIVATE ENTERPRISE PARTICIPATION. 

7 (a) SECTION HEADING.—Section 5306 is amended by 

8 striking the section heading and inserting the following: 

9 ‘‘§ 5306. Private enterprise participation in planning; 

10 relationship to other limitations’’. 

11 (b) CONFORMING AMENDMENT.—The analysis for 

12 chapter 53 is amended by striking the item relating to 

13 section 5306 and inserting the following:

‘‘5306. Private enterprise participation in planning; relationship to other limitations.’’.

14 SEC. 3008. URBANIZED AREA FORMULA GRANTS. 

15 (a) TECHNICAL AMENDMENTS.—Section 5307 is 

16 amended—

17 (1) by striking subsections (h) and (k); and 

18 (2) by redesignating subsections (i), (j), (l), 

19 (m), and (n) as subsections (h), (i), (j), (k), and (l), 

20 respectively. 

21 (b) DEFINITIONS.—Section 5307(a)(2)(A) is amend22 ed—
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1 (1) by striking by striking ‘‘a person’’ and in2 serting ‘‘an entity’’; and 

3 (2) by striking ‘‘section 5305(a) of this title’’ 

4 and inserting ‘‘chapter 52’’. 

5 (c) GENERAL AUTHORITY.—Section 5307(b) is 

6 amended—

7 (1) by striking paragraph (1) and inserting the 

8 following: 

9 ‘‘(1) GRANTS.—The Secretary may make 

10 grants under this section for—

11 ‘‘(A) capital projects and associated capital 

12 maintenance items; 

13 ‘‘(B) planning; 

14 ‘‘(C) transit enhancements; and 

15 ‘‘(D) operating costs of equipment and fa16 cilities for use in public transportation in an ur17 banized area with a population of less than 

18 200,000.’’; 

19 (2) in the heading to paragraph (2) by striking 

20 ‘‘FISCAL YEAR 2003 AND FOR THE PERIOD OF OCTO21 BER 1, 2003, THROUGH FEBRUARY 29, 2004’’ and in22 serting ‘‘FISCAL YEARS 2003 THROUGH 2005’’; 

23 (3) in paragraph (2)(A) by striking ‘‘fiscal year 

24 2003’’ and all that follows through ‘‘2004’’ and in25 serting ‘‘fiscal years 2003, 2004, and 2005,’’; 
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1 (4) in paragraph (3) by striking ‘‘section 

2 5305(a) of this title’’ and inserting ‘‘chapter 52’’; 

3 and 

4 (5) in paragraph (3)(A) by striking ‘‘section 

5 5305 of this title’’ and inserting ‘‘chapter 52’’. 

6 (d) GRANT RECIPIENT REQUIREMENTS.—Section 

7 5307(d)(1) is amended—

8 (1) in subparagraph (A) by inserting ‘‘, includ9 ing safety and security aspects of the program’’ 

10 after ‘‘program’’; 

11 (2) in subparagraph (H) by striking ‘‘sections 

12 5301(a) and (d), 5303–5306, and 5310(a)–(d) of 

13 this title’’ and inserting ‘‘subsections (a) and (d) of 

14 section 5301 and sections 5303 through 5306’’; 

15 (3) in subparagraph (I) by striking ‘‘and’’ at 

16 the end; and 

17 (4) by adding at the end the following: 

18 ‘‘(K) in the case of a recipient for an ur19 banized area with a population of at least 

20 200,000—

21 ‘‘(i) will expend one percent of the 

22 amount the recipient receives each fiscal 

23 year under this section for projects for 

24 transit enhancements, as defined in section 

25 5302(a); and 
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1 ‘‘(ii) will submit an annual report list2 ing projects carried out in the preceding 

3 fiscal year with those funds; and’’. 

4 (e) GOVERNMENT’S SHARE OF COSTS.—Section 

5 5307(e) is amended to read as follows: 

6 ‘‘(e) GOVERNMENT’S SHARE OF COSTS.—

7 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

8 project (including associated capital maintenance 

9 items) under this section shall be for 80 percent of 

10 the net project cost of the project. The recipient may 

11 provide additional local matching amounts. 

12 ‘‘(2) OPERATING EXPENSES.—A grant for oper13 ating expenses under this section may not exceed 50 

14 percent of the net project cost of the project. 

15 ‘‘(3) REMAINDER.—The remainder of the net 

16 project cost shall be provided—

17 ‘‘(A) in cash from sources other than 

18 amounts of the Government or revenues from 

19 providing public transportation (excluding reve20 nues derived from the sale of advertising and 

21 concessions); 

22 ‘‘(B) from an undistributed cash surplus, a 

23 replacement or depreciation cash fund or re24 serve, or new capital; and 
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1 ‘‘(C) from amounts received under a serv2 ice agreement with a State or local social serv3 ice agency or private social service organiza4 tion.’’. 

5 (f) REVIEWS, AUDITS, AND EVALUATIONS.—Section 

6 5307(h)(1)(A) (as redesignated by subsection (a) of this 

7 section) is amended by striking ‘‘shall’’ and inserting 

8 ‘‘may’’. 

9 (g) RELATIONSHIP TO OTHER LAWS.—Section 

10 5307(l) (as redesignated by subsection (a) of this section) 

11 is amended—

12 (1) by striking paragraph (1); 

13 (2) by redesignating paragraph (1) as para14 graph (2); 

15 (3) by inserting ‘‘THIS CHAPTER.—’’ before 

16 ‘‘Section 5302’’; 

17 (4) by adding at the end the following: 

18 ‘‘(2) CHAPTER 15 OFTITLE 5.—The provision 

19 of assistance under this chapter shall not be con20 strued as bringing within the application of chapter 

21 15 of title 5 any nonsupervisory employee of a public 

22 transportation system (or any other agency or entity 

23 performing related functions) to which such chapter 

24 is otherwise inapplicable.’’; and 
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1 (5) by aligning the left margin of paragraph (1) 

2 (as so redesignated) with paragraph (2) (as added 

3 by paragraph (4) of this subsection). 

4 SEC. 3009. CLEAN FUELS FORMULA GRANT PROGRAM. 

5 Section 5308 is amended to read as follows: 

6 ‘‘§ 5308. Clean fuels formula grant program 

7 ‘‘(a) DEFINITIONS.—In this section, the following 

8 definitions apply: 

9 ‘‘(1) CLEAN FUEL BUS.—The term ‘clean fuel 

10 bus’ means a passenger vehicle used to provide pub11 lic transportation that—

12 ‘‘(A) is powered by—

13 ‘‘(i) compressed natural gas; 

14 ‘‘(ii) liquefied natural gas; 

15 ‘‘(iii) biodiesel fuels; 

16 ‘‘(iv) batteries; 

17 ‘‘(v) alcohol-based fuels; 

18 ‘‘(vi) hybrid electric; 

19 ‘‘(vii) fuel cell; 

20 ‘‘(viii) clean diesel, to the extent al21 lowed under this section; or 

22 ‘‘(ix) other low or zero emissions tech23 nology; and 
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1 ‘‘(B) the Administrator of the Environ2 mental Protection Agency has certified suffi3 ciently reduces harmful emissions. 

4 ‘‘(2) DESIGNATED RECIPIENT.—The term ‘des5 ignated recipient’ has the meaning that term has in 

6 section 5307(a)(2). 

7 ‘‘(3) ELIGIBLE PROJECT.—The term ‘eligible 

8 project’—

9 ‘‘(A) means a project for—

10 ‘‘(i) purchasing or leasing clean fuel 

11 buses, including buses that employ a light12 weight composite primary structure; 

13 ‘‘(ii) constructing or leasing clean fuel 

14 buses or electrical recharging facilities and 

15 related equipment for such buses; 

16 ‘‘(iii) improving existing mass trans17 portation facilities to accommodate clean 

18 fuel buses; 

19 ‘‘(iv) repowering pre-1993 bus engines 

20 with clean fuel technology that meets the 

21 current urban bus emission standards; or 

22 ‘‘(v) retrofitting or rebuilding pre23 1993 bus engines if before half life to re24 build; and 
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1 ‘‘(B) in the discretion of the Secretary, 

2 may include projects relating to clean fuel, bio3 diesel, hybrid electric, or zero emissions tech4 nology buses that exhibit equivalent or superior 

5 emissions reductions to existing clean fuel or 

6 hybrid electric technologies. 

7 ‘‘(b) AUTHORITY.—The Secretary shall make grants 

8 in accordance with this section to designated recipients to 

9 finance eligible projects. 

10 ‘‘(c) APPLICATION.—

11 ‘‘(1) IN GENERAL.—Not later than January 1 

12 of each year, any designated recipient seeking to 

13 apply for a grant under this section for an eligible 

14 project shall submit an application to the Secretary, 

15 in such form and in accordance with such require16 ments as the Secretary shall establish by regulation. 

17 ‘‘(2) CERTIFICATION REQUIRED.—An applica18 tion submitted under paragraph (1) shall contain a 

19 certification by the applicant that the grantee will 

20 operate buses purchased with a grant under this sec21 tion only with clean fuels. 

22 ‘‘(d) APPORTIONMENT OF FUNDS.—

23 ‘‘(1) FORMULA.—Not later than February 1 of 

24 each year, the Secretary shall apportion amounts 

25 made available to carry out this section to des-
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1 ignated recipients submitting applications under sub2 section (c), of which—

3 ‘‘(A) two-thirds shall be apportioned to 

4 designated recipients with eligible projects in 

5 urban areas with a population of at least 

6 1,000,000, 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 at least 

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); bears to 

12 ‘‘(II) the total number of bus 

13 passenger miles of all eligible projects 

14 in areas with a population of at least 

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); and 

20 ‘‘(B) one-third shall be apportioned to des21 ignated recipients with eligible projects in urban 

22 areas with a population of less than 1,000,000, 

23 of which—

24 ‘‘(i) 50 percent shall be apportioned, 

25 such that each such designated recipient 
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1 receives a grant under this section in an 

2 amount equal to the ratio that—

3 ‘‘(I) the number of vehicles in the 

4 bus fleet of the eligible project of the 

5 designated recipient, weighted by se6 verity of nonattainment for the area 

7 in which the eligible project is located, 

8 as provided in paragraph (2); bears to 

9 ‘‘(II) the total number of vehicles 

10 in the bus fleets of all eligible projects 

11 in areas with a population of less than 

12 1,000,000 funded under this section, 

13 weighted by severity of nonattainment 

14 for all areas in which those eligible 

15 projects are located, as provided in 

16 paragraph (2); and 

17 ‘‘(ii) 50 percent shall be apportioned, 

18 such that each such designated recipient 

19 receives a grant under this section in an 

20 amount equal to the ratio that—

21 ‘‘(I) the number of bus passenger 

22 miles (as that term is defined in sec23 tion 5336(c) of the eligible project of 

24 the designated recipient, weighted by 

25 severity of nonattainment of the area 
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1 in which the eligible project is located, 

2 as provided in paragraph (2); and 

3 ‘‘(II) the total number of bus 

4 passenger miles of all eligible projects 

5 in areas with a population of less than 

6 1,000,000 funded under this section, 

7 weighted by severity of nonattainment 

8 of all areas in which those eligible 

9 projects are located, as provided in 

10 paragraph (2). 

11 ‘‘(2) WEIGHTING OFSEVERITY OFNONATTAIN12 MENT.—

13 ‘‘(A) IN GENERAL.—For purposes of para14 graph (1), subject to subparagraph (B), the 

15 number of buses in the bus fleet, or the number 

16 of passenger miles, shall be multiplied by a fac17 tor of—

18 ‘‘(i) 1.0 if, at the time of the appor19 tionment, the area is a maintenance area 

20 (as that term is defined in section 101 of 

21 title 23) for ozone or carbon monoxide; 

22 ‘‘(ii) 1.1 if, at the time of the appor23 tionment, the area is classified as a mar24 ginal ozone nonattainment area under sub-
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1 part 2 of part D of title I of the Clean Air 

2 Act (42 U.S.C. 7511 et seq.); 

3 ‘‘(iii) 1.2 if, at the time of the appor4 tionment, the area is classified as—

5 ‘‘(I) a moderate ozone nonattain6 ment area under subpart 2 of part D 

7 of title I of the Clean Air Act (42 

8 U.S.C. 7511 et seq.); or 

9 ‘‘(II) a moderate carbon mon10 oxide nonattainment area under sub11 part 3 of part D of title I of the Clean 

12 Air Act (42 U.S.C. 7512 et seq.); 

13 ‘‘(iv) 1.3 if, at the time of the appor14 tionment, the area is classified as a serious 

15 ozone nonattainment area under subpart 2 

16 of part D of title I of the Clean Air Act 

17 (42 U.S.C. 7511 et seq.); or 

18 ‘‘(v) 1.4 if, at the time of the appor19 tionment, the area is classified as a severe 

20 ozone nonattainment area under subpart 2 

21 of part D of title I of the Clean Air Act 

22 (42 U.S.C. 7511 et seq.); or 

23 ‘‘(vi) 1.5 if, at the time of the appor24 tionment, the area is classified as an ex25 treme ozone nonattainment area under 
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1 subpart 2 of part D of title I of the Clean 

2 Air Act (42 U.S.C. 7511 et seq.). 

3 ‘‘(B) ADDITIONAL ADJUSTMENT FOR CAR4 BON MONOXIDE AREAS.—If, in addition to 

5 being classified as a nonattainment or mainte6 nance area (as that term is defined in section 

7 101 of title 23) for ozone under subpart 2 of 

8 part D of title I of the Clean Air Act (42 

9 U.S.C. 7511 et seq.), the area was also classi10 fied under subpart 3 of part D of title I of that 

11 Act (42 U.S.C. 7512 et seq.) as a nonattain12 ment area for carbon monoxide, the weighted 

13 nonattainment or maintenance area fleet and 

14 passenger miles for the eligible project, as cal15 culated under subparagraph (A), shall be fur16 ther multiplied by a factor of 1.2. 

17 ‘‘(3) MAXIMUM GRANT AMOUNT.—

18 ‘‘(A) IN GENERAL.—The amount of a 

19 grant made to a designated recipient under this 

20 section shall not exceed the lesser of—

21 ‘‘(i) for an eligible project in an 

22 area—

23 ‘‘(I) with a population of less 

24 than 1,000,000, $15,000,000; and 
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1 ‘‘(II) with a population of at 

2 least 1,000,000, $25,000,000; or 

3 ‘‘(ii) 80 percent of the total cost of 

4 the eligible project. 

5 ‘‘(B) REAPPORTIONMENT.—Any amounts 

6 that would otherwise be apportioned to a des7 ignated recipient under this subsection that ex8 ceed the amount described in subparagraph (A) 

9 shall be reapportioned among other designated 

10 recipients in accordance with paragraph (1). 

11 ‘‘(e) ADDITIONAL REQUIREMENTS.—

12 ‘‘(1) LIMITATION ON USES.—Not less than 5 

13 percent of the amount made available by or appro14 priated under section 5338 in each fiscal year to 

15 carry out this section shall be available for any eligi16 ble projects for which an application is received from 

17 a designated recipient, for—

18 ‘‘(A) the purchase or construction of hy19 brid electric or battery-powered buses; or 

20 ‘‘(B) facilities specifically designed to serv21 ice those buses. 

22 ‘‘(2) CLEAN DIESEL BUSES.—Not more than 35 

23 percent of the amount made available by or appro24 priated under section 5338 in each fiscal year to 
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1 carry out this section may be made available to fund 

2 clean diesel buses. 

3 ‘‘(f) AVAILABILITY OF FUNDS.—Any amount made 

4 available or appropriated under this section—

5 ‘‘(1) shall remain available to a project for 1 

6 year after the fiscal year for which the amount is 

7 made available or appropriated; and 

8 ‘‘(2) that remains unobligated at the end of the 

9 period described in paragraph (1) shall be added to 

10 the amount made available in the following fiscal 

11 year.’’. 

12 SEC. 3010. CAPITAL INVESTMENT GRANTS. 

13 (a) SECTION HEADING.—Section 5309 is amended by 

14 striking the section heading and inserting the following: 

15 ‘‘§ 5309. Capital investment grants’’. 

16 (b) LOANS FOR REAL PROPERTY INTERESTS.—Sec17 tion 5309 is amended—

18 (1) in subsections (a)(1) and (a)(2) by striking 

19 ‘‘and loans’’; 

20 (2) by striking subsections (b) and (c); and 

21 (3) by redesignating subsection (d) as sub22 section (b). 

23 (c) PROJECT AS PART OF APPROVED PROGRAM OF

24 PROJECTS.—Section 5309(b) (as redesignated by sub25 section (b) of this section) is amended—
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1 (1) by striking ‘‘Except as provided in sub2 sections (b)(2) and (e) of the section, the’’ and in3 serting ‘‘The’’; and 

4 (2) by striking ‘‘or loan’’. 

5 (d) CRITERIA AND FUNDING.—Section 5309 is 

6 amended by striking subsections (e) through (p) and in7 serting the following: 

8 ‘‘(c) MAJOR CAPITAL INVESTMENT GRANTS OF

9 $75,000,000 OR MORE.—

10 ‘‘(1) FULL FUNDING GRANT AGREEMENT.—A 

11 major new fixed guideway capital project financed 

12 under this subsection shall be carried out through a 

13 full funding grant agreement. The Secretary shall 

14 enter into a full funding grant agreement based on 

15 the evaluations and ratings required under this sub16 section. The Secretary shall not enter into a full 

17 funding grant agreement for a project unless that 

18 project is authorized for final design and construc19 tion. 

20 ‘‘(2) APPROVAL OFGRANTS.—The Secretary 

21 may approve a grant under this section for a major 

22 new fixed guideway capital project only if the Sec23 retary, based upon evaluations and considerations 

24 set forth in paragraph (3), determines that the pro25 posal is—
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1 ‘‘(A) based on the results of an alter2 natives analysis and preliminary engineering; 

3 ‘‘(B) justified based on a comprehensive 

4 review of its mobility improvements, environ5 mental benefits, cost effectiveness, operating ef6 ficiencies, transit supportive policies, and exist7 ing land use; and 

8 ‘‘(C) supported by an acceptable degree of 

9 local financial commitment (including evidence 

10 of stable and dependable financing sources) to 

11 construct, maintain, and operate the system or 

12 extension. 

13 ‘‘(3) CONSIDERATIONS.—

14 ‘‘(A) RESULTS OFALTERNATIVES ANAL15 YSIS AND PRELIMINARY ENGINEERING.—In 

16 evaluating a proposed project for purposes of 

17 making the finding required by paragraph 

18 (2)(A), the Secretary shall analyze and consider 

19 the results of the alternatives analysis and pre20 liminary engineering for the project. 

21 ‘‘(B) PROJECT JUSTIFICATION.—In evalu22 ating a proposed project for purposes of making 

23 the finding required by paragraph (2)(B), the 

24 Secretary shall—
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1 ‘‘(i) consider the direct and indirect 

2 costs of relevant alternatives; 

3 ‘‘(ii) consider factors such as conges4 tion relief, improved mobility, air pollution, 

5 noise pollution, energy consumption, and 

6 all associated ancillary and mitigation 

7 costs necessary to carry out each alter8 native analyzed and recognize reductions in 

9 local infrastructure costs achieved through 

10 compact land use development; 

11 ‘‘(iii) identify and consider public 

12 transportation supportive existing land use 

13 policies and future patterns and the cost of 

14 suburban sprawl; 

15 ‘‘(iv) consider the degree to which the 

16 project increases the mobility of the public 

17 transportation dependent population or 

18 promotes economic development; 

19 ‘‘(v) consider population density and 

20 current transit ridership in the corridor; 

21 ‘‘(vi) consider the technical capability 

22 of the grant recipient to construct the 

23 project; 
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1 ‘‘(vii) adjust the project justification 

2 to reflect differences in local land, con3 struction, and operating costs; and 

4 ‘‘(viii) consider other factors that the 

5 Secretary determines appropriate to carry 

6 out this chapter. 

7 ‘‘(C) LOCAL FINANCIAL COMMITMENT.—In 

8 evaluating a proposed project under paragraph 

9 (2)(C), the Secretary shall require that—

10 ‘‘(i) the proposed project plan pro11 vides for the availability of contingency 

12 amounts that the Secretary determines to 

13 be reasonable to cover unanticipated cost 

14 increases; 

15 ‘‘(ii) each proposed local source of 

16 capital and operating financing is stable, 

17 reliable, and available within the proposed 

18 project timetable; and 

19 ‘‘(iii) local resources are available to 

20 operate the overall proposed public trans21 portation system (including essential feeder 

22 bus and other services necessary to achieve 

23 the projected ridership levels) without re24 quiring a reduction in existing public 
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1 transportation services to operate the pro2 posed project. 

3 ‘‘(D) ASSESSMENT OFLOCAL FINANC4 ING.—In assessing the stability, reliability, and 

5 availability of proposed sources of local financ6 ing under paragraph (2)(C), the Secretary shall 

7 consider—

8 ‘‘(i) existing grant commitments; 

9 ‘‘(ii) the degree to which financing 

10 sources are dedicated to the purposes pro11 posed; 

12 ‘‘(iii) any debt obligation that exists 

13 or is proposed by the recipient for the pro14 posed project or other public transpor15 tation purpose; and 

16 ‘‘(iv) the extent to which the project 

17 has a local financial commitment that ex18 ceeds the required non-Federal share of 

19 the cost of the project. 

20 ‘‘(4) EVALUATION AND RATING OF

21 PROJECTS.—A proposed project under this sub22 section may advance from alternatives analysis to 

23 preliminary engineering, and may advance from pre24 liminary engineering to final design and construc25 tion, only if the Secretary finds that the project 
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1 meets the requirements of this section and there is 

2 a reasonable likelihood that the project will continue 

3 to meet such requirements. In making the findings, 

4 the Secretary shall evaluate and rate the project as 

5 ‘highly recommended’, ‘recommended’, or ‘not rec6 ommended’ based on the results of alternatives anal7 ysis, the project justification criteria, and the degree 

8 of local financial commitment, as required under this 

9 subsection. In rating the projects, the Secretary 

10 shall provide, in addition to the overall project rat11 ing, individual ratings for each of the criteria estab12 lished by regulation. 

13 ‘‘(5) MAJOR DEFINED.—In this section, the 

14 term ‘major’, as used with respect to a new fixed 

15 guideway capital project, means the Federal assist16 ance provided or to be provided under this section 

17 for the project is $75,000,000 or more.

18 ‘‘(d) CAPITAL INVESTMENT GRANTS LESS THAN

19 $75,000,000.—

20 ‘‘(1) IN GENERAL.—Subject to the provisions of 

21 this subsection, if the Federal assistance provided or 

22 to be provided under this section with respect to a 

23 new fixed guideway capital project is less than 

24 $75,000,000, and not less than $25,000,000, the 
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1 project shall be subject to the requirements in this 

2 subsection. 

3 ‘‘(2) SELECTION CRITERIA.—The Secretary 

4 may provide Federal assistance under this sub5 section with respect to a proposed project only if the 

6 Secretary finds that the project is—

7 ‘‘(A) based on the results of planning and 

8 alternatives analysis; 

9 ‘‘(B) justified based on a review of its pub10 lic transportation supportive land use policies, 

11 cost effectiveness, and effect on local economic 

12 development; and 

13 ‘‘(C) supported by an acceptable degree of 

14 local financial commitment. 

15 ‘‘(3) PLANNING AND ALTERNATIVES.—In evalu16 ating a project under paragraph (1)(A), the Sec17 retary shall analyze and consider the results of plan18 ning and alternatives analysis for the project. 

19 ‘‘(4) PROJECT JUSTIFICATION.—For purposes 

20 of making the finding under paragraph (1)(B), the 

21 Secretary shall—

22 ‘‘(A) determine the degree to which public 

23 transportation supportive land use policies re24 lated to the project are consistent with local 
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1 land use policies and are likely to achieve local 

2 developmental goals; 

3 ‘‘(B) determine the cost effectiveness of 

4 the project at the time of the initiation of rev5 enue service; 

6 ‘‘(C) determine the degree to which the 

7 project will have a positive effect on local eco8 nomic development; 

9 ‘‘(D) consider the reliability of the fore10 casts of costs and ridership associated with the 

11 project; and 

12 ‘‘(E) consider other factors that the Sec13 retary determines appropriate to carry out this 

14 subsection. 

15 ‘‘(5) LOCAL FINANCIAL COMMITMENT.—For 

16 purposes of paragraph (1)(C), the Secretary shall re17 quire that each proposed local source of capital and 

18 operating financing is stable, reliable, and available 

19 within the proposed project timetable. 

20 ‘‘(6) ADVANCEMENT OFPROJECT TO DEVELOP21 MENT AND CONSTRUCTION.—

22 ‘‘(A) GENERAL RULE.—A proposed project 

23 under this subsection may advance from plan24 ning and alternatives analysis to project devel25 opment and construction only if—
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1 ‘‘(i) the Secretary finds that the 

2 project meets the requirements of this sub3 section and there is a reasonable likelihood 

4 that the project will continue to meet such 

5 requirements; and 

6 ‘‘(ii) the metropolitan planning orga7 nization has adopted the locally preferred 

8 alternative for the project into the long9 range transportation plan. 

10 ‘‘(B) EVALUATION.—In making the find11 ings under subparagraph (A), the Secretary 

12 shall evaluate and rate the project as ‘rec13 ommended’ or ‘not recommended’ based on the 

14 results of the analysis of the project justifica15 tion criteria and the degree of local financial 

16 commitment, as required by this subsection. 

17 ‘‘(7) CONTENTS OFPROJECT CONSTRUCTION

18 GRANT AGREEMENT.—A project construction grant 

19 agreement under this subsection shall specify the 

20 scope of the project to be constructed, the estimated 

21 net project cost of the project, the schedule under 

22 which the project shall be constructed, the maximum 

23 amount of funding to be obtained under this sub24 section, the proposed schedule for obligation of fu25 ture Federal grants, and the sources of funding 
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1 from other than the Government. The agreement 

2 may include a commitment on the part of the Sec3 retary to provide funding for the project in future 

4 fiscal years. 

5 ‘‘(8) LIMITATION ON ENTRY INTO CONSTRUC6 TION GRANT AGREEMENT.—The Secretary may 

7 enter into a project construction grant agreement 

8 for a project under this subsection only if the project 

9 is authorized for construction and has been rated as 

10 ‘recommended’ under this subsection. 

11 ‘‘(9) REGULATIONS.—Not later than 120 days 

12 after the date of enactment of the Federal Public 

13 Transportation Act of 2004, the Secretary shall 

14 issue regulations establishing an evaluation and rat15 ing process for proposed projects under this sub16 section that is based on the results of project jus17 tification and local financial commitment, as re18 quired under this subsection. 

19 ‘‘(10) FIXED GUIDEWAY CAPITAL PROJECT.—In 

20 this subsection, the term ‘fixed guideway capital 

21 project’ includes a corridor-based public transpor22 tation bus capital project if the majority of the 

23 project’s corridor right-of-way is dedicated alignment 

24 for exclusive use by public transportation vehicles for 

25 all or part of the day. 
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1 ‘‘(e) PREVIOUSLY ISSUED LETTER OF INTENT OR

2 FULL FUNDING GRANT AGREEMENT.—Subsections (c) 

3 and (d) do not apply to projects for which the Secretary 

4 has issued a letter of intent or entered into a full funding 

5 grant agreement before the date of enactment of the Fed6 eral Public Transportation Act of 2004. 

7 ‘‘(f) LETTERS OF INTENT, FULL FUNDING GRANT

8 AGREEMENTS, AND EARLY SYSTEMS WORK AGREE9 MENTS.—

10 ‘‘(1) LETTERS OFINTENT.—

11 ‘‘(A) AMOUNTS INTENDED TO BE OBLI12 GATED.—The Secretary may issue a letter of 

13 intent to an applicant announcing an intention 

14 to obligate, for a capital project under this sec15 tion, an amount from future available budget 

16 authority specified in law that is not more than 

17 the amount stipulated as the financial partici18 pation of the Secretary in the project. When a 

19 letter is issued for fixed guideway projects, the 

20 amount shall be sufficient to complete at least 

21 an operable segment. 

22 ‘‘(B) TREATMENT.—The issuance of a let23 ter under subparagraph (A) is deemed not to be 

24 an obligation under sections 1108(c), 1108(d), 
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1 1501, and 1502(a) of title 31 or an administra2 tive commitment. 

3 ‘‘(2) FULL FUNDING GRANT AGREEMENTS.—

4 ‘‘(A) TERMS.—The Secretary may make a 

5 full funding grant agreement with an applicant. 

6 The agreement shall—

7 ‘‘(i) establish the terms of participa8 tion by the Government in a project under 

9 this section; 

10 ‘‘(ii) establish the maximum amount 

11 of Government financial assistance for the 

12 project; 

13 ‘‘(iii) cover the period of time for com14 pleting the project, including a period ex15 tending beyond the period of an authoriza16 tion; and 

17 ‘‘(iv) make timely and efficient man18 agement of the project easier according to 

19 the law of the United States. 

20 ‘‘(B) SPECIAL FINANCIAL RULES.—

21 ‘‘(i) IN GENERAL.—An agreement 

22 under this paragraph obligates an amount 

23 of available budget authority specified in 

24 law and may include a commitment, con25 tingent on amounts to be specified in law 
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1 in advance for commitments under this 

2 paragraph, to obligate an additional 

3 amount from future available budget au4 thority specified in law. 

5 ‘‘(ii) STATEMENT OFCONTINGENT

6 COMMITMENT.—The agreement shall state 

7 that the contingent commitment is not an 

8 obligation of the Government. 

9 ‘‘(iii) INTEREST AND OTHER FINANC10 ING COSTS.—Interest and other financing 

11 costs of efficiently carrying out a part of 

12 the project within a reasonable time are a 

13 cost of carrying out the project under a 

14 full funding grant agreement, except that 

15 eligible costs may not be more than the 

16 cost of the most favorable financing terms 

17 reasonably available for the project at the 

18 time of borrowing. The applicant shall cer19 tify, in a way satisfactory to the Secretary, 

20 that the applicant has shown reasonable 

21 diligence in seeking the most favorable fi22 nancing terms. 

23 ‘‘(iv) COMPLETION OFOPERABLE

24 SEGMENT.—The amount stipulated in an 

25 agreement under this paragraph for a fixed 
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1 guideway project shall be sufficient to com2 plete at least an operable segment. 

3 ‘‘(3) EARLY SYSTEM WORK AGREEMENTS.—

4 ‘‘(A) CONDITIONS.—The Secretary may 

5 make an early systems work agreement with an 

6 applicant if a record of decision under the Na7 tional Environmental Policy Act of 1969 (42 

8 U.S.C. 4321 et seq.) has been issued on the 

9 project and the Secretary finds there is reason 

10 to believe—

11 ‘‘(i) a full funding grant agreement 

12 for the project will be made; and 

13 ‘‘(ii) the terms of the work agreement 

14 will promote ultimate completion of the 

15 project more rapidly and at less cost. 

16 ‘‘(B) CONTENTS.—

17 ‘‘(i) IN GENERAL.—A work agreement 

18 under this paragraph obligates an amount 

19 of available budget authority specified in 

20 law and shall provide for reimbursement of 

21 preliminary costs of carrying out the 

22 project, including land acquisition, timely 

23 procurement of system elements for which 

24 specifications are decided, and other activi25 ties the Secretary decides are appropriate 
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1 to make efficient, long-term project man2 agement easier. 

3 ‘‘(ii) PERIOD COVERED.—A work 

4 agreement under this paragraph shall 

5 cover the period of time the Secretary con6 siders appropriate. The period may extend 

7 beyond the period of current authorization. 

8 ‘‘(iii) INTEREST AND OTHER FINANC9 ING COSTS.—Interest and other financing 

10 costs of efficiently carrying out the work 

11 agreement within a reasonable time are a 

12 cost of carrying out the agreement, except 

13 that eligible costs may not be more than 

14 the cost of the most favorable financing 

15 terms reasonably available for the project 

16 at the time of borrowing. The applicant 

17 shall certify, in a way satisfactory to the 

18 Secretary, that the applicant has shown 

19 reasonable diligence in seeking the most 

20 favorable financing terms. 

21 ‘‘(iv) FAILURE TO CARRY OUT

22 PROJECT.—If an applicant does not carry 

23 out the project for reasons within the con24 trol of the applicant, the applicant shall 

25 repay all Government payments made 
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1 under the work agreement plus reasonable 

2 interest and penalty charges the Secretary 

3 establishes in the agreement. 

4 ‘‘(4) LIMITATION ON AMOUNTS.—

5 ‘‘(A) PROGRAMMATIC.—The total esti6 mated amount of future obligations of the Gov7 ernment and contingent commitments to incur 

8 obligations covered by all outstanding letters of 

9 intent, full funding grant agreements, and early 

10 systems work agreements under this subsection 

11 may be not more than the greater of the 

12 amount authorized under section 5338(b) for 

13 new fixed guideway capital projects or an 

14 amount equivalent to the last 3 fiscal years of 

15 funding allocated under subsection (m)(1)(B) 

16 for new fixed guideway capital projects, less an 

17 amount the Secretary reasonably estimates is 

18 necessary for grants under this section not cov19 ered by a letter. The total amount covered by 

20 new letters and contingent commitments in21 cluded in full funding grant agreements and 

22 early systems work agreements may be not 

23 more than a limitation specified in law. 

24 ‘‘(B) INCLUSION OFCERTAIN COMMIT25 MENTS.—Future obligations of the Government 
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1 and contingent commitments made against the 

2 contingent commitment authority under section 

3 3032(g)(2) of the Intermodal Surface Trans4 portation Efficiency Act of 1991 (106 Stat. 

5 2125) for the San Francisco BART to the Air6 port project for fiscal years 2002, 2003, 2004, 

7 2005, and 2006 shall be charged against sec8 tion 3032(g)(2) of that Act. 

9 ‘‘(C) APPROPRIATION REQUIRED.—An ob10 ligation may be made under this subsection only 

11 when amounts are appropriated for the obliga12 tion. 

13 ‘‘(5) NOTIFICATION OF CONGRESS.—At least 60 

14 days before issuing a letter of intent or entering into 

15 a full funding grant agreement under this sub16 section, the Secretary shall notify, in writing, the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives and the Committee on 

19 Banking, Housing, and Urban Affairs of the Senate 

20 of the proposed letter or agreement. The Secretary 

21 shall include with the notification a copy of the pro22 posed letter or agreement as well as the evaluations 

23 and ratings for the project. 

24 ‘‘(g) GOVERNMENT’S SHARE OF NET PROJECT

25 COST.—
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1 ‘‘(1) FEDERAL SHARE.—Based on engineering 

2 studies, studies of economic feasibility, and informa3 tion on the expected use of equipment or facilities, 

4 the Secretary shall estimate the net project cost. A 

5 grant for the project shall be for 80 percent of the 

6 net capital project cost, unless the grant recipient 

7 requests a lower grant percentage. 

8 ‘‘(2) REMAINDER OFNET PROJECT COST.—The 

9 remainder of net project costs shall be provided from 

10 an undistributed cash surplus, a replacement or de11 preciation cash fund or reserve, or new capital. 

12 ‘‘(3) LIMITATION ON STATUTORY CONSTRUC13 TION.—Nothing in this section, including paragraph 

14 (1) and subsections (c)(3)(D)(iv) and (c)(4), shall be 

15 construed as authorizing the Secretary to require a 

16 non-Federal financial commitment for a project that 

17 is more than 20 percent of the net capital project 

18 cost. 

19 ‘‘(4) SPECIAL RULE FOR ROLLING STOCK

20 COSTS.—In addition to amounts allowed pursuant to 

21 paragraph (1), a planned extension to a fixed guide22 way system may include the cost of rolling stock pre23 viously purchased if the applicant satisfies the Sec24 retary that only amounts other than amounts of the 

25 Government were used and that the purchase was 
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1 made for use on the extension. A refund or reduc2 tion of the remainder may be made only if a refund 

3 of a proportional amount of the grant of the Govern4 ment is made at the same time. 

5 ‘‘(5) LIMITATION ON APPLICABILITY.—This 

6 subsection does not apply to projects for which the 

7 Secretary has entered into a full funding grant 

8 agreement before the date of enactment of the Fed9 eral Public Transportation Act of 2004. 

10 ‘‘(h) FISCAL CAPACITY CONSIDERATIONS.—If the 

11 Secretary gives priority consideration to financing projects 

12 that include more than the non-Government share re13 quired under subsection (g), the Secretary shall give equal 

14 consideration to differences in the fiscal capacity of State 

15 and local governments. 

16 ‘‘(i) REPORTS ON NEW STARTS.—

17 ‘‘(1) ANNUAL DOT REPORT.—Not later than 

18 the first Monday in February of each year, the Sec19 retary shall submit to the Committee on Transpor20 tation and Infrastructure of the House of Represent21 atives and the Committee on Banking, Housing, and 

22 Urban Affairs of the Senate a report that includes—

23 ‘‘(A) a proposal of allocations of amounts 

24 to be available to finance grants for new fixed 
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1 guideway capital projects among applicants for 

2 these amounts; 

3 ‘‘(B) evaluations and ratings, as required 

4 under subsection (c), for each such project that 

5 is authorized by the Federal Public Transpor6 tation Act of 2004; and 

7 ‘‘(C) recommendations of such projects for 

8 funding based on the evaluations and ratings 

9 and on existing commitments and anticipated 

10 funding levels for the next 3 fiscal years and for 

11 the next 10 fiscal years based on information 

12 currently available to the Secretary. 

13 ‘‘(2) ANNUAL GAO REVIEW.—The Comptroller 

14 General shall—

15 ‘‘(A) conduct an annual review of—

16 ‘‘(i) the processes and procedures for 

17 evaluating, rating, and recommending new 

18 fixed guideway capital projects; and 

19 ‘‘(ii) the Secretary’s implementation 

20 of such processes and procedures; and 

21 ‘‘(B) report to Congress on the results of 

22 such review by May 31 of each year. 

23 ‘‘(j) UNDERTAKING PROJECTS IN ADVANCE.—

24 ‘‘(1) IN GENERAL.—The Secretary may pay the 

25 Government’s share of the net capital project cost to 
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1 a State or local governmental authority that carries 

2 out any part of a project described in this section 

3 without the aid of amounts of the Government and 

4 according to all applicable procedures and require5 ments if—

6 ‘‘(A) the State or local governmental au7 thority applies for the payment; 

8 ‘‘(B) the Secretary approves the payment; 

9 and 

10 ‘‘(C) before carrying out the part of the 

11 project, the Secretary approves the plans and 

12 specifications for the part in the same way as 

13 other projects under this section. 

14 ‘‘(2) FINANCING COSTS.—

15 ‘‘(A) IN GENERAL.—The cost of carrying 

16 out part of a project includes the amount of in17 terest earned and payable on bonds issued by 

18 the State or local governmental authority to the 

19 extent proceeds of the bonds are expended in 

20 carrying out the part. 

21 ‘‘(B) LIMITATION ON AMOUNT OFINTER22 EST.—The amount of interest under this para23 graph may not be more than the most favorable 

24 interest terms reasonably available for the 

25 project at the time of borrowing. 
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1 ‘‘(C) CERTIFICATION.—The applicant shall 

2 certify, in a manner satisfactory to the Sec3 retary, that the applicant has shown reasonable 

4 diligence in seeking the most favorable financial 

5 terms. 

6 ‘‘(3) CAPITAL PROJECT COST INDICES.—The 

7 Secretary shall consider changes in capital project 

8 cost indices when determining the estimated cost 

9 under paragraph (2). 

10 ‘‘(k) BUS AND BUS FACILITY GRANTS.—In making 

11 grants under subsection (m)(1)(C), the Secretary shall 

12 consider the age of buses, bus fleets, related equipment, 

13 and bus-related facilities. 

14 ‘‘(l) AVAILABILITY OF AMOUNTS.—An amount made 

15 available or appropriated under section 5338(b) for re16 placement, rehabilitation, and purchase of buses and re17 lated equipment and construction of bus-related facilities 

18 or for new fixed guideway capital projects shall remain 

19 available for 3 fiscal years, including the fiscal year in 

20 which the amount is made available or appropriated. Any 

21 of such amounts that are unobligated at the end of the 

22 3-fiscal-year period shall be deobligated and may be used 

23 by the Secretary for any purpose under this section. 

24 ‘‘(m) ALLOCATING AMOUNTS.—
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1 ‘‘(1) IN GENERAL.—After the allocation under 

2 section 5338(b)(2)(C) for a fiscal year and subject 

3 to paragraph (4), the remainder of the amounts 

4 made available by or appropriated under section 

5 5338(b) for grants under this section for such fiscal 

6 year shall be allocated as follows: 

7 ‘‘(A) 40 percent for fixed guideway mod8 ernization; 

9 ‘‘(B) 40 percent for major new fixed guide10 way capital projects; and 

11 ‘‘(C) 20 percent to replace, rehabilitate, 

12 and purchase buses and related equipment and 

13 to construct bus-related facilities. 

14 ‘‘(2) LIMITATION ON AMOUNTS.—Not more 

15 than 8 percent of the amounts made available in 

16 each fiscal year by paragraph (l)(B) shall be avail17 able for alternatives analysis and preliminary engi18 neering. 

19 ‘‘(3) FUNDING FOR FERRY BOAT SYSTEMS.—Of 

20 the amounts made available under paragraph (1)(B), 

21 $10,400,000 shall be available in each of fiscal years 

22 2004 through 2009 for new fixed guideway capital 

23 projects in Alaska or Hawaii that are for ferry boats 

24 or ferry terminal facilities or that are for approaches 

25 to ferry terminal facilities. 
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1 ‘‘(4) SOURCES OFFUNDING.—All amounts allo2 cated for fixed guideway modernization and all 

3 amounts allocated to replace, rehabilitate, and pur4 chase buses and related equipment and to construct 

5 bus-related facilities under paragraph (1) shall be 

6 derived from the Mass Transit Account of the High7 way Trust Fund. All amounts allocated for new 

8 fixed guideway capital projects under paragraph (1) 

9 shall be derived from the general fund of the Treas10 ury. 

11 ‘‘(n) NEW FIXED GUIDEWAY CAPITAL PROJECT DE12 FINED.—In this section, the term ‘new fixed guideway 

13 capital project’ means a minimum operable segment of a 

14 capital project for a new fixed guideway system or exten15 sion to an existing fixed guideway system.’’. 

16 (e) CONFORMING AMENDMENTS.—

17 (1) CHAPTER ANALYSIS.—The analysis for 

18 chapter 53 is amended by striking the item relating 

19 to section 5309 and inserting the following:

‘‘5309. Capital investment grants.’’.

20 (2) SECTION 5328.—Section 5328(a) is amend21 ed—

22 (A) in paragraph (2) by striking ‘‘5309(e)’’ 

23 and inserting ‘‘5309(c)’’; and 
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1 (B) in paragraph (4) by striking ‘‘under 

2 section 5309(o)(1)’’ and inserting ‘‘under sec3 tion 5309(i)(1)’’. 

4 SEC. 3011. FORMULA GRANTS FOR SPECIAL NEEDS OF EL5 DERLY INDIVIDUALS AND INDIVIDUALS WITH 

6 DISABILITIES. 

7 (a) IN GENERAL.—Section 5310 is amended—

8 (1) by striking the section heading and insert9 ing the following: 

10 ‘‘§ 5310. Formula grants for special needs of elderly 

11 individuals and individuals with disabil12 ities’’; 

13 (2) by striking subsections (a) through (g) and 

14 inserting the following: 

15 ‘‘(a) GENERAL AUTHORITY.—

16 ‘‘(1) GRANTS.—The Secretary may make 

17 grants to States and local governmental authorities 

18 under this section for public transportation capital 

19 projects, and operating costs associated with public 

20 transportation capital projects, planned, designed, 

21 and carried out to meet the special needs of elderly 

22 individuals and individuals with disabilities. 

23 ‘‘(2) SUBRECIPIENTS.—A State that receives a 

24 grant under this section may allocate the amounts of 

25 the grant to—
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•HR 3994 IH 

1 ‘‘(A) a private nonprofit organization if the 

2 public transportation service provided under 

3 paragraph (1) is unavailable, insufficient, or in4 appropriate; or 

5 ‘‘(B) a governmental authority that—

6 ‘‘(i) is approved by the State to co7 ordinate services for elderly individuals and 

8 individuals with disabilities; or 

9 ‘‘(ii) certifies that there are not any 

10 nonprofit organizations readily available in 

11 the area to provide the services described 

12 under paragraph (1). 

13 ‘‘(3) ACQUIRING PUBLIC TRANSPORTATION

14 SERVICES.—A public transportation capital project 

15 under this section may include acquisition by a re16 cipient of public transportation services as an eligi17 ble capital expense. 

18 ‘‘(4) ADMINISTRATIVE EXPENSES.—A State or 

19 local governmental authority may use not more than 

20 10 percent of the amounts apportioned to the State 

21 under this section to administer, plan, and provide 

22 technical assistance for a project funded under this 

23 section. 

24 ‘‘(b) APPORTIONMENT AND TRANSFERS.—
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1 ‘‘(1) APPORTIONMENT FORMULA.—The Sec2 retary shall apportion amounts made available to 

3 carry out this section under a formula the Secretary 

4 administers that considers the number of elderly in5 dividuals and individuals with disabilities in each 

6 State. 

7 ‘‘(2) TRANSFERS.—Any State’s apportionment 

8 remaining available for obligation at the beginning 

9 of the 90-day period before the end of the period of 

10 availability of the apportionment is available to the 

11 State for transfer to supplement amounts appor12 tioned to the State under section 5311(c) or 

13 5336(a)(1), or both. Any funds transferred pursuant 

14 to this paragraph shall be made available only for el15 igible projects as described in this section. 

16 ‘‘(c) GOVERNMENT’S SHARE OF COSTS.—

17 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

18 project under this section shall be for 80 percent of 

19 the net capital costs of the project, as determined by 

20 the Secretary; except that in the case of a State de21 scribed in section 120(b)(1) of title 23, such percent22 age shall be increased in accordance with such sec23 tion. 

24 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

25 under this section for operating assistance may not 
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1 exceed 50 percent of the net operating costs of the 

2 project, as determined by the Secretary. 

3 ‘‘(3) REMAINDER.—The remainder of the net 

4 project costs—

5 ‘‘(A) may be provided from an undistrib6 uted cash surplus, a replacement or deprecia7 tion cash fund or reserve, a service agreement 

8 with a State or local social service agency or a 

9 private social service organization, or new cap10 ital; and 

11 ‘‘(B) may be derived from amounts appro12 priated to or made available to a department or 

13 agency of the Government (other than the De14 partment of Transportation) that are eligible to 

15 be expended for transportation. 

16 ‘‘(4) USE OFCERTAIN FUNDS.—For purposes 

17 of paragraph (3)(B), the prohibitions on the use of 

18 funds for matching requirements under section 

19 403(a)(5)(C)(vii) of the Social Security Act (42 

20 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

21 or State funds to be used for transportation pur22 poses. 

23 ‘‘(d) GRANT REQUIREMENTS.—

24 ‘‘(1) IN GENERAL.—A grant under this section 

25 shall be subject to all requirements of a grant under 
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1 section 5307. A grant to a subrecipient under this 

2 section shall be subject to such requirements to the 

3 extent the Secretary considers appropriate. 

4 ‘‘(2) COORDINATION WITH NONPROFIT PRO5 VIDERS.—A recipient that transfers funds to an ap6 portionment under section 5336(a)(1) pursuant to 

7 subsection (b)(2) shall certify that the project for 

8 which the funds are requested under this section has 

9 been coordinated with nonprofit providers of serv10 ices. 

11 ‘‘(3) PROJECT SELECTION AND PLANNING.—A 

12 recipient of funds under this section shall certify 

13 that—

14 ‘‘(A) the projects selected were derived 

15 from a locally developed, coordinated public 

16 transit-human services transportation plan; and 

17 ‘‘(B) the plan was developed through a 

18 process that included representatives of public, 

19 private, and nonprofit transportation and 

20 human services providers and participation by 

21 the public. 

22 ‘‘(4) FAIR AND EQUITABLE DISTRIBUTION.—A 

23 recipient of a grant under this section shall certify 

24 that allocations of the grant to subrecipients are dis25 tributed on a fair and equitable basis. 
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1 ‘‘(e) STATE PROGRAM.—

2 ‘‘(1) IN GENERAL.—Amounts made available to 

3 carry out this section may be used for transportation 

4 projects to assist in providing transportation services 

5 for elderly individuals and individuals with disabil6 ities that are included in a State program of 

7 projects. 

8 ‘‘(2) SUBMISSION AND APPROVAL.—A program 

9 shall be submitted annually to the Secretary for ap10 proval and shall contain an assurance that the pro11 gram provides for maximum feasible coordination of 

12 transportation services assisted under this section 

13 with transportation services assisted by other Gov14 ernment sources. 

15 ‘‘(f) LEASING VEHICLES.—Vehicles acquired under 

16 this section may be leased to local governmental authori17 ties to improve transportation services designed to meet 

18 the special needs of elderly individuals and individuals 

19 with disabilities.’’; and 

20 (3) by redesignating subsections (h) through (j) 

21 as subsections (g) through (i), respectively. 

22 (b) CONFORMING AMENDMENT.—The analysis for 

23 chapter 53 is amended by striking the item relating to 

24 section 5310 and inserting the following:

‘‘5310. Formula grants for special needs of elderly individuals and individuals 

with disabilities.’’.
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1 SEC. 3012. FORMULA GRANTS FOR OTHER THAN URBAN2 IZED AREAS. 

3 (a) DEFINITIONS.—Section 5311(a) is amended to 

4 read as follows: 

5 ‘‘(a) DEFINITIONS.—In this section, the following 

6 definitions apply: 

7 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

8 State that receives a Federal transit program grant 

9 directly from the Government. 

10 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

11 means a State or local governmental authority, non12 profit organization, or operator of public transpor13 tation services that receives a Federal transit pro14 gram grant indirectly through a recipient.’’. 

15 (b) GENERAL AUTHORITY.—Section 5311(b) is 

16 amended to read as follows: 

17 ‘‘(b) GENERAL AUTHORITY.—

18 ‘‘(1) GRANTS.—Except as provided in para19 graph (2), the Secretary may make grants to other 

20 than urbanized areas under this section for the fol21 lowing: 

22 ‘‘(A) Public transportation capital projects. 

23 ‘‘(B) Operating costs of equipment and fa24 cilities for use in public transportation. 
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1 ‘‘(C) Acquisition of public transportation 

2 services, including service agreements with pri3 vate providers of public transportation services. 

4 ‘‘(2) STATE PROGRAM.—

5 ‘‘(A) IN GENERAL.—Amounts made avail6 able to carry out this section shall be used for 

7 projects included in a State program for public 

8 transportation projects, including service agree9 ments with private providers of public transpor10 tation. 

11 ‘‘(B) SUBMISSION.—The program shall be 

12 submitted annually to the Secretary for ap13 proval. 

14 ‘‘(C) APPROVAL.—The Secretary may ap15 prove the program only if the Secretary finds 

16 that the program provides a fair distribution of 

17 amounts in the State, including Indian reserva18 tions, and the maximum feasible coordination of 

19 public transportation service assisted under this 

20 section with transportation service assisted by 

21 other Federal sources. 

22 ‘‘(3) RURAL TRANSPORTATION ASSISTANCE

23 PROGRAM.—
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1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 carry out a rural transportation assistance pro3 gram in other than urbanized areas. 

4 ‘‘(B) GRANTS AND CONTRACTS.—In car5 rying out this paragraph, the Secretary may use 

6 not more than 2 percent of the amount made 

7 available to carry out this section to make 

8 grants and contracts for transportation re9 search, technical assistance, training, and re10 lated support services in other than urbanized 

11 areas. 

12 ‘‘(C) PROJECTS OFA NATIONAL SCOPE.—

13 Not more than 15 percent of the amounts avail14 able under subparagraph (B) may be used by 

15 the Secretary to carry out projects of a national 

16 scope, with the remaining balance provided to 

17 the States.’’. 

18 (c) APPORTIONMENTS.—Section 5311(c) is amended 

19 to read as follows: 

20 ‘‘(c) APPORTIONMENTS.—

21 ‘‘(1) IN GENERAL.—The Secretary shall appor22 tion amounts made available to carry out this sec23 tion among the States in the ratio that—

24 ‘‘(A) the population of other than urban25 ized areas in each State, as shown by the most 
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1 recent Government decennial census of popu2 lation; bears to 

3 ‘‘(B) the population of all other than ur4 banized areas in the United States, as shown by 

5 that census. 

6 ‘‘(2) AVAILABILITY.—The amount apportioned 

7 to a State under this subsection may be obligated by 

8 the State for 2 fiscal years after the fiscal year in 

9 which the amount is apportioned. An amount that is 

10 not obligated at the end of that period shall be re11 apportioned among the States for the next fiscal 

12 year.’’. 

13 (d) USE FOR ADMINISTRATION, PLANNING, AND

14 TECHNICAL ASSISTANCE.—Section 5311(e) is amended—

15 (1) in the subsection heading by inserting ‘‘, 

16 PLANNING,’’ after ‘‘ADMINISTRATION’’; 

17 (2) by striking ‘‘(1) The Secretary’’ and insert18 ing ‘‘The Secretary’’; 

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

20 (4) by striking ‘‘recipient’’ and inserting ‘‘sub21 recipient’’. 

22 (e) INTERCITY BUS TRANSPORTATION.—Section 

23 5311(f) is amended—

24 (1) in paragraph (1) by striking ‘‘after Sep25 tember 30, 1993,’’; and 
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1 (2) in paragraph (2) by striking ‘‘A State’’ and 

2 inserting ‘‘After consultation with affected intercity 

3 bus service providers, a State’’. 

4 (f) GOVERNMENT’S SHARE OF COSTS.—Section 

5 5311(g) is amended to read as follows: 

6 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—

7 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

8 project under this section shall be for 80 percent of 

9 the net capital costs of the project, as determined by 

10 the Secretary; except that in the case of a State de11 scribed in section 120(b)(1) of title 23, such percent12 age shall be increased in accordance with such sec13 tion. 

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 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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•HR 3994 IH 

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 OFCERTAIN 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 State carrying out a program of operating 

15 assistance under this section may not limit the level 

16 or extent of use of the Government grant for the 

17 payment of operating expenses.’’. 

18 (g) RELATIONSHIP TO OTHER LAWS.—Section 5311 

19 is amended—

20 (1) by striking subsection (h); and 

21 (2) by redesignating subsections (i) and (j) as 

22 subsections (h) and (i), respectively. 

23 (h) CORRECTION TO CHAPTER ANALYSIS.—The anal24 ysis for chapter 53 is amended by striking the item relat25 ing to section 5311 and inserting the following:

‘‘5311. Formula grants for other than urbanized areas.’’.
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1 SEC. 3013. RESEARCH, DEVELOPMENT, DEMONSTRATION, 

2 AND DEPLOYMENT PROJECTS. 

3 (a) IN GENERAL.—Section 5312 is amended—

4 (1) in subsection (a)—

5 (A) by striking the first parenthetical 

6 phrase; 

7 (B) by striking ‘‘or contracts’’ and insert8 ing ‘‘, contracts, cooperative agreements, or 

9 other transactions’’; 

10 (C) by striking ‘‘help reduce urban trans11 portation needs, improve mass transportation 

12 service,’’ and inserting ‘‘improve transportation 

13 service’’; 

14 (D) by striking ‘‘urban’’ each place it ap15 pears; and 

16 (E) by striking ‘‘and demonstration 

17 projects’’ and inserting ‘‘, demonstration or de18 ployment projects, or evaluation of technology 

19 of national significance’’; 

20 (2) by striking subsections (b) and (c); 

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

22 subsections (b) and (c), respectively; 

23 (4) in subsection (b)(2) (as so redesignated) by 

24 striking ‘‘other agreements’’ and inserting ‘‘other 

25 transactions’’; and 
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1 (5) in subsection (c)(2) (as so redesignated) by 

2 striking ‘‘public and’’ and inserting ‘‘public or’’. 

3 (b) CONFORMING AMENDMENTS.—

4 (1) SECTION HEADING.—Section 5312 is 

5 amended by striking the section heading and insert6 ing the following: 

7 ‘‘§ 5312. Research, development, demonstration, and 

8 deployment projects’’. 

9 (2) CHAPTER ANALYSIS.—The analysis for 

10 chapter 53 is amended by striking the item relating 

11 to section 5312 and inserting the following:

‘‘5312. Research, development, demonstration, and deployment projects.’’.

12 SEC. 3014. COOPERATIVE RESEARCH PROGRAM. 

13 (a) IN GENERAL.—Section 5313 is amended—

14 (1) in subsection (a) by striking ‘‘(1) The 

15 amounts made available under paragraphs (1) and 

16 (2)(C)(ii) of section 5338(d) of this title’’ and insert17 ing ‘‘The amounts made available under paragraphs 

18 (1) and (2)(B)(i) of section 5338(d)’’; 

19 (2) by striking subsection (b); 

20 (3) in subsection (a)(2) by striking ‘‘(2) The’’ 

21 and inserting ‘‘(b) FEDERAL ASSISTANCE.—The’’; 

22 and 

23 (4) in subsection (c) by striking ‘‘subsection (a) 

24 of’’. 

25 (b) CONFORMING AMENDMENTS.—
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1 (1) IN GENERAL.—Section 5313 is amended by 

2 striking the section heading and inserting the fol3 lowing: 

4 ‘‘§ 5313. Cooperative research program’’. 

5 (2) CHAPTER ANALYSIS.—The analysis for 

6 chapter 53 is amended by striking the item relating 

7 to section 5313 and inserting the following:

‘‘5313. Cooperative research program.’’.

8 SEC. 3015. NATIONAL RESEARCH AND TECHNOLOGY PRO9 GRAMS. 

10 (a) IN GENERAL.—Section 5314 is amended—

11 (1) by striking the section heading and insert12 ing the following: 

13 ‘‘§ 5314. National research and technology programs’’; 

14 (2) in subsection (a)(1)—

15 (A) by striking ‘‘subsections (d) and (h)(7) 

16 of section 5338 of this title’’ and inserting ‘‘sec17 tion 5338(d)’’; 

18 (B) by striking ‘‘and contracts’’ and insert19 ing ‘‘, contracts, cooperative agreements, or 

20 other transactions’’; 

21 (C) by striking ‘‘5303–5306,’’; and 

22 (D) by striking ‘‘5317,’’; 

23 (3) in subsection (a)(2) by striking ‘‘Of the 

24 amounts’’ and all that follows through ‘‘$3,000,000 

25 to’’ and inserting ‘‘The Secretary shall’’; 
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1 (4) by striking subsection (a)(4)(B); 

2 (5) by redesignating subsection (a)(4)(C) as 

3 subsection (a)(4)(B); and 

4 (6) in subsection (b) by striking ‘‘or contract’’ 

5 and all that follows through ‘‘section,’’ and inserting 

6 ‘‘, contract, cooperative agreement, or other trans7 action under subsection (a) or section 5312,’’. 

8 (b) CONFORMING AMENDMENT.—The analysis for 

9 chapter 53 is amended by striking the item relating to 

10 section 5314 and inserting the following:

‘‘5314. National research and technology programs.’’.

11 SEC. 3016. NATIONAL TRANSIT INSTITUTE. 

12 Section 5315 is amended—

13 (1) in subsection (a) by striking ‘‘public mass 

14 transportation’’ and inserting ‘‘public transpor15 tation’’; and 

16 (2) in subsection (d) by striking ‘‘mass’’ each 

17 place it appears. 

18 SEC. 3017. JOB ACCESS AND REVERSE COMMUTE FORMULA 

19 GRANTS. 

20 (a) IN GENERAL.—Chapter 53 is amended by insert21 ing after section 5315 the following: 

22 ‘‘§ 5316. Job access and reverse commute formula 

23 grants 

24 ‘‘(a) DEFINITIONS.—In this section, the following 

25 definitions apply: 
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1 ‘‘(1) ACCESS TO JOBS PROJECT.—The term ‘ac2 cess to jobs project’ means a project relating to the 

3 development and maintenance of transportation 

4 services designed to transport welfare recipients and 

5 eligible low-income individuals to and from jobs and 

6 activities related to their employment, including—

7 ‘‘(A) transportation projects to finance 

8 planning, capital, and operating costs of pro9 viding access to jobs under this chapter; 

10 ‘‘(B) promoting public transportation by 

11 low-income workers, including the use of public 

12 transportation by workers with nontraditional 

13 work schedules; 

14 ‘‘(C) promoting the use of transit vouchers 

15 for welfare recipients and eligible low-income in16 dividuals; and 

17 ‘‘(D) promoting the use of employer-pro18 vided transportation, including the transit pass 

19 benefit program under section 132 of the Inter20 nal Revenue Code of 1986. 

21 ‘‘(2) ELIGIBLE LOW-INCOME INDIVIDUAL.—The 

22 term ‘eligible low-income individual’ means an indi23 vidual whose family income is at or below 150 per24 cent of the poverty line (as that term is defined in 

25 section 673(2) of the Community Services Block 
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1 Grant Act (42 U.S.C. 9902(2)), including any revi2 sion required by that section) for a family of the size 

3 involved. 

4 ‘‘(3) RECIPIENT.—The term ‘recipient’ means a 

5 designated recipient (as defined in section 

6 5307(a)(2)) or State that receives a grant under this 

7 section directly. 

8 ‘‘(4) REVERSE COMMUTE PROJECT.—The term 

9 ‘reverse commute project’ means a public transpor10 tation project designed to transport residents of ur11 banized areas and other than urbanized areas to 

12 suburban employment opportunities, including any 

13 projects to—

14 ‘‘(A) subsidize the costs associated with 

15 adding reverse commute bus, train, carpool, van 

16 routes, or service from urbanized areas and 

17 other than urbanized areas to suburban work18 places; 

19 ‘‘(B) subsidize the purchase or lease by a 

20 nonprofit organization or public agency of a van 

21 or bus dedicated to shuttling employees from 

22 their residences to a suburban workplace; or 

23 ‘‘(C) otherwise facilitate the provision of 

24 public transportation services to suburban em25 ployment opportunities. 
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1 ‘‘(5) SUBRECIPIENT.—The term ‘subrecipient’ 

2 means a State or local governmental authority, non3 profit organization, or operator of public transpor4 tation services that receives a grant under this sec5 tion indirectly through a recipient. 

6 ‘‘(6) WELFARE RECIPIENT.—The term ‘welfare 

7 recipient’ means an individual who has received as8 sistance under a State or tribal program funded 

9 under part A of title IV of the Social Security Act 

10 at any time during the 3-year period before the date 

11 on which the applicant applies for a grant under this 

12 section. 

13 ‘‘(b) GENERAL AUTHORITY.—

14 ‘‘(1) GRANTS.—The Secretary may make 

15 grants under this section to a recipient for access to 

16 jobs and reverse commute projects carried out by the 

17 recipient or a subrecipient. 

18 ‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient 

19 may use not more than 10 percent of the amounts 

20 apportioned to the recipient under this section to ad21 minister, plan, and provide technical assistance for 

22 a project funded under this section. 

23 ‘‘(c) APPORTIONMENTS.—
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1 ‘‘(1) FORMULA.—The Secretary shall apportion 

2 amounts made available to carry out this section as 

3 follows: 

4 ‘‘(A) 60 percent of the funds shall be ap5 portioned among designated recipients (as de6 fined in section 5307(a)(2)) for urbanized areas 

7 with a population of 200,000 or more in the 

8 ratio that—

9 ‘‘(i) the number of eligible low-income 

10 individuals and welfare recipients in each 

11 such urbanized area; bears to 

12 ‘‘(ii) the number of eligible low-income 

13 individuals and welfare recipients in all 

14 such urbanized areas. 

15 ‘‘(B) 20 percent of the funds shall be ap16 portioned among the States in the ratio that—

17 ‘‘(i) the number of eligible low-income 

18 individuals and welfare recipients in urban19 ized areas with a population of less than 

20 200,000 in each State; bears to 

21 ‘‘(ii) the number of eligible low-income 

22 individuals and welfare recipients in urban23 ized areas with a population of less than 

24 200,000 in all States. 
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1 ‘‘(C) 20 percent of the funds shall be ap2 portioned among the States in the ratio that—

3 ‘‘(i) the number of eligible low-income 

4 individuals and welfare recipients in other 

5 than urbanized areas in each State; bears 

6 to 

7 ‘‘(ii) the number of eligible low-income 

8 individuals and welfare recipients in other 

9 than urbanized areas in all States. 

10 ‘‘(2) USE OFAPPORTIONED FUNDS.—Except as 

11 provided in paragraph (3)—

12 ‘‘(A) funds apportioned under paragraph 

13 (1)(A) shall be used for projects serving urban14 ized areas with a population of 200,000 or 

15 more; 

16 ‘‘(B) funds apportioned under paragraph 

17 (1)(B) shall be used for projects serving urban18 ized areas with a population of less than 

19 200,000; and 

20 ‘‘(C) funds apportioned under paragraph 

21 (1)(C) shall be used for projects serving other 

22 than urbanized areas. 

23 ‘‘(3) EXCEPTIONS.—A State may use funds ap24 portioned under paragraphs (1)(B) and (1)(C)—
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1 ‘‘(A) for projects serving areas other than 

2 the area specified in paragraph (2)(B) or 

3 (2)(C), as the case may be, if the Governor of 

4 the State certifies that all of the objectives of 

5 this section are being met in the specified area; 

6 or 

7 ‘‘(B) for projects anywhere in the State if 

8 the State has established a statewide program 

9 for meeting the objectives of this section. 

10 ‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB11 RECIPIENTS.—

12 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 

13 funds apportioned under subsection (c)(1)(A) shall 

14 conduct, in cooperation with the appropriate metro15 politan planning organization, an areawide solicita16 tion for applications for grants to the recipient and 

17 subrecipients under this section. 

18 ‘‘(2) STATEWIDE SOLICITATION.—A recipient of 

19 funds apportioned under subsection (c)(1)(B) or 

20 (c)(1)(C) shall conduct a statewide solicitation for 

21 applications for grants to the recipient and sub22 recipients under this section. 

23 ‘‘(3) APPLICATION.—Recipients and subrecipi24 ents seeking to receive a grant from funds appor25 tioned under subsection (c) shall submit to the re-
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1 cipient an application in the form and in accordance 

2 with such requirements as the recipient shall estab3 lish. 

4 ‘‘(4) GRANT AWARDS.—The recipient shall 

5 award grants under paragraphs (1) and (2) on a 

6 competitive basis. 

7 ‘‘(e) TRANSFERS.—

8 ‘‘(1) IN GENERAL.—A State may transfer any 

9 funds apportioned to it under subparagraph (B) or 

10 (C) of subsection (c)(1), or both, to an apportion11 ment under section 5311(c) or 5336, or both. 

12 ‘‘(2) LIMITED TO ELIGIBLE PROJECTS.—Any 

13 apportionment transferred under this subsection 

14 shall be made available only for eligible job access 

15 and reverse commute projects as described in this 

16 section. 

17 ‘‘(3) CONSULTATION.—A State may make a 

18 transfer of an amount under this subsection only 

19 after consulting with responsible local officials and 

20 publicly owned operators of public transportation in 

21 each area for which the amount originally was 

22 awarded under this section. 

23 ‘‘(f) GRANT REQUIREMENTS.—

24 ‘‘(1) IN GENERAL.—A grant under this section 

25 shall be subject to the requirements of section 5307. 
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1 ‘‘(2) FAIR AND EQUITABLE DISTRIBUTION.—A 

2 recipient of a grant under this section shall certify 

3 to the Secretary that allocations of the grant to sub4 recipients are distributed on a fair and equitable 

5 basis. 

6 ‘‘(g) COORDINATION.—

7 ‘‘(1) IN GENERAL.—The Secretary shall coordi8 nate activities under this section with related activi9 ties under programs of other Federal departments 

10 and agencies. 

11 ‘‘(2) WITH NONPROFIT PROVIDERS.—A State 

12 that transfers funds to an apportionment under sec13 tion 5336 pursuant to subsection (e) shall certify to 

14 the Secretary that any project for which the funds 

15 are requested under this section has been coordi16 nated with nonprofit providers of services. 

17 ‘‘(3) PROJECT SELECTION AND PLANNING.—A 

18 recipient of funds under this section shall certify to 

19 the Secretary that—

20 ‘‘(A) the projects selected were derived 

21 from a locally developed, coordinated public 

22 transit-human services transportation plan; and 

23 ‘‘(B) the plan was developed through a 

24 process that included representatives of public, 

25 private, and nonprofit transportation and 
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1 human services providers and participation by 

2 the public. 

3 ‘‘(h) GOVERNMENT’S SHARE OF COSTS.—

4 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

5 project under this section may not exceed 80 percent 

6 of the net capital costs of the project, as determined 

7 by the Secretary. 

8 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

9 under this section for operating assistance may not 

10 exceed 50 percent of the net operating costs of the 

11 project, as determined by the Secretary. 

12 ‘‘(3) REMAINDER.—The remainder of the net 

13 project costs—

14 ‘‘(A) may be provided from an undistrib15 uted cash surplus, a replacement or deprecia16 tion cash fund or reserve, a service agreement 

17 with a State or local social service agency or a 

18 private social service organization, or new cap19 ital; and 

20 ‘‘(B) may be derived from amounts appro21 priated to or made available to a department or 

22 agency of the Government (other than the De23 partment of Transportation) that are eligible to 

24 be expended for transportation. 
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1 ‘‘(4) USE OFCERTAIN 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 ‘‘(i) PROGRAM EVALUATION.—

14 ‘‘(1) COMPTROLLER GENERAL.—Beginning 1 

15 year after the date of enactment of the Federal Pub16 lic Transportation Act of 2004, and every 2 years 

17 thereafter, the Comptroller General shall—

18 ‘‘(A) conduct a study to evaluate the grant 

19 program authorized by this section; and 

20 ‘‘(B) transmit to the Committee on Trans21 portation and Infrastructure of the House of 

22 Representatives and the Committee on Bank23 ing, Housing, and Urban Affairs of the Senate 

24 a report describing the results of the study 

25 under subparagraph (A). 
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1 ‘‘(2) DEPARTMENT OFTRANSPORTATION.—Not 

2 later than 3 years after the date of enactment of 

3 Federal Public Transportation Act of 2004, the Sec4 retary shall—

5 ‘‘(A) conduct a study to evaluate the effec6 tiveness of the grant program authorized by 

7 this section and the effectiveness of recipients 

8 making grants to subrecipients under this sec9 tion; and 

10 ‘‘(B) transmit to the committees referred 

11 to in paragraph (1)(B) a report describing the 

12 results of the study under subparagraph (A).’’. 

13 (b) CONFORMING AMENDMENT.—The analysis for 

14 chapter 53 is amended by inserting after the item relating 

15 to section 5315 the following:

‘‘5316. Job access and reverse commute formula grants.’’.

16 (c) REPEAL.—Section 3037 of the Transportation 

17 Equity Act for the 21st Century (49 U.S.C. 5309 note; 

18 112 Stat. 387) is repealed. 

19 SEC. 3018. NEW FREEDOM PROGRAM. 

20 (a) IN GENERAL.—Chapter 53 is further amended by 

21 inserting after section 5316 the following: 

22 ‘‘§ 5317. New freedom program 

23 ‘‘(a) DEFINITIONS.—In this section, the following 

24 definitions apply: 
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1 ‘‘(1) RECIPIENT.—The term ‘recipient’ means a 

2 designated recipient (as defined in section 

3 5307(a)(2)) or State that receives a grant under this 

4 section directly. 

5 ‘‘(2) SUBRECIPIENT.—The term ‘subrecipient’ 

6 means a State or local governmental authority, non7 profit organization, or operator of public transpor8 tation services that receives a grant under this sec9 tion indirectly through a recipient. 

10 ‘‘(b) GENERAL AUTHORITY.—

11 ‘‘(1) GRANTS.—The Secretary may make 

12 grants to under this section to a recipient for new 

13 public transportation services and public transpor14 tation alternatives beyond those required by the 

15 Americans with Disabilities Act of 1990 (42 U.S.C. 

16 12101 et seq.) that assist individuals with disabil17 ities with transportation, including transportation to 

18 and from jobs and employment support services. 

19 ‘‘(2) ADMINISTRATIVE EXPENSES.—A recipient 

20 may use not more than 10 percent of the amounts 

21 apportioned to the recipient under this section to ad22 minister, plan, and provide technical assistance for 

23 a project funded under this section. 

24 ‘‘(c) APPORTIONMENTS.—
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1 ‘‘(1) FORMULA.—The Secretary shall apportion 

2 amounts made available to carry out this section as 

3 follows: 

4 ‘‘(A) 60 percent of the funds shall be ap5 portioned among designated recipients (as de6 fined in section 5307(a)(2)) for urbanized areas 

7 with a population of 200,000 or more in the 

8 ratio that—

9 ‘‘(i) the number of individuals with 

10 disabilities in each such urbanized area; 

11 bears to 

12 ‘‘(ii) the number of individuals with 

13 disabilities in all such urbanized areas. 

14 ‘‘(B) 20 percent of the funds shall be ap15 portioned among the States in the ratio that—

16 ‘‘(i) the number of individuals with 

17 disabilities in urbanized areas with a popu18 lation of less than 200,000 in each State; 

19 bears to 

20 ‘‘(ii) the number of individuals with 

21 disabilities in urbanized areas with a popu22 lation of less than 200,000 in all States. 

23 ‘‘(C) 20 percent of the funds shall be ap24 portioned among the States in the ratio that—
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1 ‘‘(i) the number of individuals with 

2 disabilities in other than urbanized areas 

3 in each State; bears to 

4 ‘‘(ii) the number of individuals with 

5 disabilities in other than urbanized areas 

6 in all States. 

7 ‘‘(2) USE OFAPPORTIONED FUNDS.—Except as 

8 provided in paragraph (3)—

9 ‘‘(A) funds apportioned under paragraph 

10 (1)(A) shall be used for projects serving urban11 ized areas with a population of 200,000 or 

12 more; 

13 ‘‘(B) funds apportioned under paragraph 

14 (1)(B) shall be used for projects serving urban15 ized areas with a population of less than 

16 200,000; and 

17 ‘‘(C) funds apportioned under paragraph 

18 (1)(C) shall be used for projects serving other 

19 than urbanized areas. 

20 ‘‘(3) TRANSFERS.—

21 ‘‘(A) IN GENERAL.—A State may transfer 

22 any funds apportioned to it under subparagraph 

23 (B) or (C) of subsection (c)(1), or both, to an 

24 apportionment under section 5311(c) or 5336, 

25 or both. 
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1 ‘‘(B) LIMITED TO ELIGIBLE PROJECTS.—

2 Any funds transferred pursuant to this para3 graph shall be made available only for eligible 

4 projects selected under this section. 

5 ‘‘(C) CONSULTATION.—A State may make 

6 a transfer of an amount under this subsection 

7 only after consulting with responsible local offi8 cials and publicly owned operators of public 

9 transportation in each area for which the 

10 amount originally was awarded under this sec11 tion. 

12 ‘‘(d) COMPETITIVE PROCESS FOR GRANTS TO SUB13 RECIPIENTS.—

14 ‘‘(1) AREAWIDE SOLICITATIONS.—A recipient of 

15 funds apportioned under subsection (c)(1)(A) shall 

16 conduct, in cooperation with the appropriate metro17 politan planning organization, an areawide solicita18 tion for applications for grants to the recipient and 

19 subrecipients under this section. 

20 ‘‘(2) STATEWIDE SOLICITATION.—A recipient of 

21 funds apportioned under subsection (c)(1)(B) or 

22 (c)(1)(C) shall conduct a statewide solicitation for 

23 applications for grants to the recipient and sub24 recipients under this section. 
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1 ‘‘(3) APPLICATION.—Recipients and subrecipi2 ents seeking to receive a grant from funds appor3 tioned under subsection (c) shall submit to the re4 cipient an application in the form and in accordance 

5 with such requirements as the recipient shall estab6 lish. 

7 ‘‘(4) GRANT AWARDS.—The recipient shall 

8 award grants under paragraphs (1) and (2) on a 

9 competitive basis. 

10 ‘‘(e) GRANT REQUIREMENTS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), a grant under this section shall be subject 

13 to all the requirements of section 5307. 

14 ‘‘(2) EMPLOYEE PROTECTIVE ARRANGE15 MENTS.—Section 5333(b) shall apply to grants 

16 under this section, except that the Secretary of 

17 Labor shall utilize, for urbanized areas with a popu18 lation of less than 200,000 and for other than ur19 banized areas, a special warranty described in sec20 tion 215.7 of title 29, Code of Federal Regulations, 

21 that provides a fair and equitable arrangement to 

22 protect the interest of employees. 

23 ‘‘(3) FAIR AND EQUITABLE DISTRIBUTION.—A 

24 recipient of a grant under this section shall certify 
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•HR 3994 IH 

1 that allocations of the grant to subrecipients are dis2 tributed on a fair and equitable basis. 

3 ‘‘(f) COORDINATION.—

4 ‘‘(1) IN GENERAL.—The Secretary shall coordi5 nate activities under this section with related activi6 ties under programs of other Federal departments 

7 and agencies. 

8 ‘‘(2) WITH NONPROFIT PROVIDERS.—A recipi9 ent that transfers funds to an apportionment under 

10 section 5336 pursuant to subsection (c)(2) shall cer11 tify that the project for which the funds are re12 quested under this section has been coordinated with 

13 nonprofit providers of services. 

14 ‘‘(3) PROJECT SELECTION AND PLANNING.—A 

15 recipient of funds under this section shall certify 

16 that—

17 ‘‘(A) the projects selected were derived 

18 from a locally developed, coordinated public 

19 transit-human services transportation plan; and 

20 ‘‘(B) the plan was developed through a 

21 process that included representatives of public, 

22 private, and nonprofit transportation and 

23 human services providers and participation by 

24 the public. 

25 ‘‘(g) GOVERNMENT’S SHARE OF COSTS.—
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1 ‘‘(1) CAPITAL PROJECTS.—A grant for a capital 

2 project under this section may not exceed 80 percent 

3 of the net capital costs of the project, as determined 

4 by the Secretary. 

5 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

6 under this section for operating assistance may not 

7 exceed 50 percent of the net operating costs of the 

8 project, as determined by the Secretary. 

9 ‘‘(3) REMAINDER.—The remainder of the net 

10 project costs—

11 ‘‘(A) may be provided from an undistrib12 uted cash surplus, a replacement or deprecia13 tion cash fund or reserve, a service agreement 

14 with a State or local social service agency or a 

15 private social service organization, or new cap16 ital; and 

17 ‘‘(B) may be derived from amounts appro18 priated to or made available to a department or 

19 agency of the Government (other than the De20 partment of Transportation) that are eligible to 

21 be expended for transportation. 

22 ‘‘(4) USE OFCERTAIN FUNDS.—For purposes 

23 of paragraph (3)(B), the prohibitions on the use of 

24 funds for matching requirements under section 

25 403(a)(5)(C)(vii) of the Social Security Act (42 
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•HR 3994 IH 

1 U.S.C. 603(a)(5)(C)(vii)) shall not apply to Federal 

2 or State funds to be used for transportation pur3 poses. 

4 ‘‘(5) LIMITATION ON OPERATING ASSIST5 ANCE.—A recipient carrying out a program of oper6 ating assistance under this section may not limit the 

7 level or extent of use of the Government grant for 

8 the payment of operating expenses.’’. 

9 (b) CONFORMING AMENDMENT.—The analysis for 

10 chapter 53 is amended by inserting after the item relating 

11 to section 5316 the following:

‘‘5317. New freedom program.’’.

12 SEC. 3019. BUS TESTING FACILITY. 

13 (a) IN GENERAL.—Section 5318 is amended—

14 (1) by striking subsection (a) and inserting the 

15 following: 

16 ‘‘(a) FACILITY.—The Secretary of Transportation 

17 shall maintain one facility for testing a new bus model 

18 for maintainability, reliability, safety, performance (in19 cluding braking performance), structural integrity, fuel 

20 economy, emissions, and noise.’’; 

21 (2) in subsection (d) by striking ‘‘under section 

22 5309(m)(1)(C) of this title’’ and inserting ‘‘to carry 

23 out this section’’; and 

24 (3) by striking subsection (e) and inserting the 

25 following: 
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•HR 3994 IH 

1 ‘‘(e) ACQUIRING NEW BUS MODELS.—Amounts ap2 propriated or made available under this chapter may be 

3 obligated or expended to acquire a new bus model only 

4 if a bus of that model has been tested at the facility main5 tained by the Secretary under subsection (a).’’. 

6 (b) CONFORMING AMENDMENT.—Section 5323(c) is 

7 repealed. 

8 SEC. 3020. BICYCLE FACILITIES. 

9 The first sentence of section 5319 is amended—

10 (1) by striking ‘‘5309(h),’’ and inserting 

11 ‘‘5309(g),’’; and 

12 (2) by striking ‘‘and 5311’’ and inserting 

13 ‘‘5311, and 5320’’. 

14 SEC. 3021. TRANSIT IN THE PARKS PILOT PROGRAM. 

15 (a) IN GENERAL.—Section 5320 of title 49, United 

16 States Code, is amended to read as follows: 

17 ‘‘§ 5320. Transit in the parks pilot program 

18 ‘‘(a) PUBLIC TRANSPORTATION DEFINED.—In this 

19 section, the term ‘public transportation’ means general or 

20 special transportation to the public by a conveyance that 

21 is publicly or privately owned. Such term does not include 

22 schoolbus or charter transportation but does include sight23 seeing transportation. 

24 ‘‘(b) ESTABLISHMENT.—Not later than 90 days after 

25 the date of enactment of the Federal Public Transpor-
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•HR 3994 IH 

1 tation Act of 2004, the Secretary of Transportation and 

2 the Secretary of the Interior shall enter into a memo3 randum of understanding to establish a transit in the 

4 parks pilot program in accordance with the requirements 

5 of this section. 

6 ‘‘(c) PURPOSE.—The purpose of the pilot program 

7 shall be to encourage and promote the development of 

8 transportation systems described in section 5301(a) within 

9 units of the National Park System to improve visitor mo10 bility and enjoyment (including visitors with disabilities), 

11 reduce pollution and congestion, and enhance resource 

12 protection through the use of public transportation. 

13 ‘‘(d) ADMINISTRATION OF PROGRAM.—The program 

14 shall be administered by the Secretary of Transportation, 

15 in consultation with the Secretary of the Interior. 

16 ‘‘(e) MEMORANDUM OF UNDERSTANDING.—

17 ‘‘(1) PLANNING.—The memorandum of under18 standing under subsection (b) shall include transpor19 tation planning procedures that are consistent with 

20 the metropolitan and statewide planning processes 

21 required under chapter 52. 

22 ‘‘(2) PROGRAMS.—The memorandum of under23 standing shall include descriptions of programs and 

24 activities eligible for assistance under the pilot pro25 gram. 
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1 ‘‘(3) EXCEPTIONS.—The memorandum of un2 derstanding shall limit or modify the applicability of 

3 the provisions referred to in subsection (f) to the ex4 tent necessary to carry out the objectives of this sec5 tion and to be compatible with the laws and regula6 tions governing units of the National Park System. 

7 ‘‘(f) ELIGIBLE USE OF FUNDS.—Except as provided 

8 under subsection (e)(3), the Secretary may provide funds 

9 made available to carry out this section to the Secretary 

10 of the Interior under interagency agreements for the fol11 lowing purposes: 

12 ‘‘(1) PLANNING, ENGINEERING, DESIGN, AND

13 EVALUATION.—Planning, engineering, design, and 

14 evaluation of public transportation projects in units 

15 of the National Park System, and for technical stud16 ies, in accordance with section 5305(b)(2). 

17 ‘‘(2) PUBLIC TRANSPORTATION CAPITAL

18 PROJECTS.—Public transportation capital projects 

19 (as defined in section 5302(a)(1)) for such units in 

20 accordance with all the terms and conditions to 

21 which a grant is made under subsections (a), (b), 

22 (c), and (d) of section 5307 and such other terms 

23 and conditions as are determined by the Secretary. 

24 The Secretary of the Interior shall act as the des-
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•HR 3994 IH 

1 ignated recipient for the purposes of subsection 

2 (a)(2) of section 5307. 

3 ‘‘(3) OPERATING COSTS.—Operating costs of 

4 equipment and facilities used in public transpor5 tation for such units. 

6 ‘‘(g) GOVERNMENT SHARE OF COSTS.—

7 ‘‘(1) CAPITAL PROJECTS.—The Government 

8 share of the cost of any capital project or activity 

9 under this section shall be 100 percent of the costs 

10 of the project, as determined by the Secretary. 

11 ‘‘(2) OPERATING ASSISTANCE.—A grant made 

12 under this section for operating assistance may not 

13 exceed 50 percent of the net operating costs of the 

14 project, as determined by the Secretary. 

15 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

16 be construed as superseding, amending, modifying, or re17 pealing any provision of law applicable to units of the Na18 tional Park System.’’. 

19 (b) CONFORMING AMENDMENT.—The analysis for 

20 such chapter is further amended by inserting after the 

21 item relating to section 5319 the following:

‘‘5320. Transit in the parks pilot program.’’.

22 SEC. 3022. HUMAN RESOURCE PROGRAMS. 

23 Section 5322 is amended—

24 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

25 ‘‘The Secretary’’; and 
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1 (2) by adding at the end the following: 

2 ‘‘(b) GRANTS TO HIGHER LEARNING INSTITU3 TIONS.—

4 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec5 retary may make grants to nonprofit institutions of 

6 higher learning—

7 ‘‘(A) to conduct research and investiga8 tions into the theoretical or practical problems 

9 of public transportation; and 

10 ‘‘(B) to train individuals to conduct fur11 ther research or obtain employment in an orga12 nization that plans, builds, operates, or man13 ages a public transportation system. 

14 ‘‘(2) RESEARCH AND INVESTIGATIONS.—Re15 search and investigations under this subsection in16 clude—

17 ‘‘(A) the design and use of public transpor18 tation systems and public roads and highways; 

19 ‘‘(B) the interrelationship between various 

20 modes of urban, suburban, rural, and intercity 

21 transportation; 

22 ‘‘(C) the role of transportation planning in 

23 overall urban planning; 

24 ‘‘(D) public preferences in transportation; 
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1 ‘‘(E) the economic allocation of transpor2 tation resources; and 

3 ‘‘(F) the legal, financial, engineering, and 

4 esthetic aspects of public transportation. 

5 ‘‘(3) PREFERENCE.—When making a grant 

6 under this subsection, the Secretary shall give pref7 erence to an institution that brings together knowl8 edge and expertise in the various social science and 

9 technical disciplines related to public transportation 

10 problems. 

11 ‘‘(c) FELLOWSHIPS.—

12 ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec13 retary may make grants to States, local govern14 mental authorities, and operators of public transpor15 tation systems to provide fellowships to train per16 sonnel employed in managerial, technical, and pro17 fessional positions in the public transportation field. 

18 ‘‘(2) TERMS.—

19 ‘‘(A) PERIOD OFTRAINING.—A fellowship 

20 under this subsection may be for not more than 

21 one year of training in an institution that offers 

22 a program applicable to the public transpor23 tation industry. 

24 ‘‘(B) SELECTION OFINDIVIDUALS.—The 

25 recipient of the grant shall select an individual 
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1 on the basis of demonstrated ability and for the 

2 contribution the individual reasonably can be 

3 expected to make to an efficient public trans4 portation operation. 

5 ‘‘(C) AMOUNT.—A grant for a fellowship 

6 may not be more than the lesser of $65,000 or 

7 75 percent of—

8 ‘‘(i) tuition and other charges to the 

9 fellowship recipient; 

10 ‘‘(ii) additional costs incurred by the 

11 training institution and billed to the grant 

12 recipient; and 

13 ‘‘(iii) the regular salary of the fellow14 ship recipient for the period of the fellow15 ship to the extent the salary is actually 

16 paid or reimbursed by the grant recipi17 ent.’’. 

18 SEC. 3023. GENERAL PROVISIONS ON ASSISTANCE. 

19 (a) INTERESTS IN PROPERTY.—Section 5323(a)(1) is 

20 amended—

21 (1) in the matter preceding subparagraph (A)—

22 (A) by striking ‘‘private mass transpor23 tation company’’ each place it appears and in24 serting ‘‘private company engaged in public 

25 transportation’’; 
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1 (B) by striking ‘‘mass transportation 

2 equipment or a mass transportation facility’’ 

3 and inserting ‘‘a public transportation facility 

4 or equipment’’; and 

5 (C) by striking ‘‘mass transportation com6 pany’’ and inserting ‘‘public transportation 

7 company’’; and 

8 (2) in subparagraph (B) by striking ‘‘private 

9 mass transportation companies’’ and inserting ‘‘pri10 vate companies engaged in public transportation’’. 

11 (b) NOTICE AND PUBLIC HEARING.—Section 

12 5323(b) is amended—

13 (1) in paragraph (1)—

14 (A) by striking ‘‘(1) An application’’ and 

15 inserting the following: 

16 ‘‘(1) APPLICATIONS.—An application’’; 

17 (B) in the matter preceding subparagraph 

18 (A) by striking ‘‘or loan’’; and 

19 (C) by moving subparagraphs (A) through 

20 (D) 2 ems to the right; 

21 (2) in paragraph (2) by striking ‘‘(2) Notice of’’ 

22 and inserting the following: 

23 ‘‘(2) NOTICE.—Notice of’’; and 

24 (3) by adding at the end the following: 
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1 ‘‘(3) ENVIRONMENTAL RECORD.—An applicant 

2 shall include in the environmental record for a 

3 project under this chapter evidence that the appli4 cant has complied with the requirements of subpara5 graphs (A) through (D) of paragraph (1).’’. 

6 (c) CONDITION ON CHARTER BUS TRANSPORTATION

7 SERVICE.—Section 5323(d) is amended—

8 (1) by striking ‘‘(1) Financial assistance’’ and 

9 inserting the following: 

10 ‘‘(1) AGREEMENTS.—Financial assistance’’; and 

11 (2) by striking paragraph (2) and inserting the 

12 following: 

13 ‘‘(2) VIOLATIONS.—

14 ‘‘(A) INVESTIGATIONS.—On receiving a 

15 complaint about a violation of the agreement 

16 required under paragraph (1), the Secretary 

17 shall investigate and decide whether a violation 

18 has occurred. 

19 ‘‘(B) ENFORCEMENT OF AGREEMENTS.—If 

20 the Secretary decides that a violation has oc21 curred, the Secretary shall correct the violation 

22 under terms of the agreement. 

23 ‘‘(C) ADDITIONAL REMEDIES.—In addition 

24 to any remedy specified in the agreement, the 

25 Secretary shall bar a recipient or an operator 
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1 from receiving Federal transit assistance in an 

2 amount the Secretary considers appropriate if 

3 the Secretary finds a pattern of violations of 

4 the agreement.’’. 

5 (d) BOND PROCEEDS ELIGIBLE FOR LOCAL

6 SHARE.—Section 5323(e) is amended to read as follows: 

7 ‘‘(e) BOND PROCEEDS ELIGIBLE FOR LOCAL

8 SHARE.—

9 ‘‘(1) USE AS LOCAL MATCHING FUNDS.—Not10 withstanding any other provision of law, a recipient 

11 of assistance under section 5307 or 5309 may use 

12 the proceeds from the issuance of revenue bonds as 

13 part of the local matching funds for a capital 

14 project. 

15 ‘‘(2) MAINTENANCE OF EFFORT.—The Sec16 retary shall approve of the use of the proceeds from 

17 the issuance of revenue bonds for the remainder of 

18 the net project cost only if the Secretary finds that 

19 the aggregate amount of financial support for public 

20 transportation in the urbanized area provided by the 

21 State and affected local governmental authorities 

22 during the next 3 fiscal years, as programmed in the 

23 State transportation improvement program under 

24 chapter 52 is not less than the aggregate amount 

25 provided by the State and affected local govern-
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1 mental authorities in the urbanized area during the 

2 preceding 3 fiscal years. 

3 ‘‘(3) DEBT SERVICE RESERVE.—The Secretary 

4 may reimburse an eligible recipient for deposits of 

5 bond proceeds in a debt service reserve that recipient 

6 established pursuant to section 5302(a)(1)(K) from 

7 amounts made available to the recipient under sec8 tion 5307 or 5309, or both; except that such reim9 bursement in a fiscal year may not exceed 10 per10 cent of the amounts made available to the recipient 

11 under section 5307 in such fiscal year.’’. 

12 (e) SCHOOLBUS TRANSPORTATION.—Section 5323(f) 

13 is amended—

14 (1) by striking ‘‘(1) Financial assistance’’ and 

15 inserting the following: 

16 ‘‘(1) AGREEMENTS.—Financial assistance’’; 

17 (2) in paragraph (1) by moving subparagraphs 

18 (A), (B), and (C) 2 ems to the right; and 

19 (3) by striking paragraph (2) and inserting the 

20 following: 

21 ‘‘(2) VIOLATIONS.—If the Secretary finds that 

22 an applicant, governmental authority, or publicly 

23 owned operator has violated the agreement required 

24 under paragraph (1), the Secretary shall bar a re25 cipient or an operator from receiving Federal transit 
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1 assistance in an amount the Secretary considers ap2 propriate.’’. 

3 (f) BUYING BUSES UNDER OTHER LAWS.—Section 

4 5323(g) is amended by striking ‘‘103(e)(4)’’ each place 

5 it appears and inserting ‘‘133’’. 

6 (g) BUY AMERICA.—Section 5323(j)(5) is amended 

7 by striking ‘‘the Intermodal Surface Transportation Effi8 ciency Act of 1991 (Public Law 102–240, 105 Stat. 

9 1914)’’ and inserting ‘‘the Federal Public Transportation 

10 Act of 2004’’. 

11 (h) RELATIONSHIP TO OTHER LAWS.—Section 

12 5323(l) is amended to read as follows: 

13 ‘‘(l) RELATIONSHIP TO OTHER LAWS.—Section 1001 

14 of title 18 applies to a certificate, submission, or statement 

15 provided under this chapter. The Secretary may terminate 

16 financial assistance under this chapter and seek reim17 bursement directly, or by offsetting amounts, available 

18 under this chapter, when a false or fraudulent statement 

19 or related act within the meaning of section 1001 is made 

20 in connection with a Federal transit program.’’. 

21 (i) GRANT REQUIREMENTS.—Section 5323(o) is 

22 amended by striking ‘‘the Transportation Infrastructure 

23 Finance and Innovation Act of 1998’’ and inserting 

24 ‘‘chapter 6 (other than section 609) of title 23’’. 
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1 (j) TRANSFER OF LANDS OR INTERESTS IN LANDS

2 OWNED BY THE UNITED STATES.—Section 5323 is 

3 amended by adding at the end the following: 

4 ‘‘(p) TRANSFER OF LANDS OR INTERESTS IN LANDS

5 OWNED BY THE UNITED STATES.—

6 ‘‘(1) IDENTIFICATION OF LANDS NECESSARY

7 FOR TRANSIT PURPOSES.—If the Secretary deter8 mines that any part of the lands or interests in 

9 lands owned by the United States and made avail10 able as a result of a military base closure is nec11 essary for public transportation purposes eligible 

12 under this chapter, including corridor preservation, 

13 the Secretary shall file with the Secretary of the De14 partment supervising the administration of such 

15 lands or interests in lands a map showing the por16 tion of such lands or interests in lands which is de17 sired to be transferred for public transportation pur18 poses. 

19 ‘‘(2) DEADLINE FOR CERTIFICATION.—If, with20 in 4 months of such filing, the Secretary of such De21 partment has not certified to the Secretary that the 

22 proposed transfer of such land is contrary to the 

23 public interest or inconsistent with the purposes for 

24 which such land has been reserved or has agreed to 

25 the transfer under conditions that the Secretary of 
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1 such Department considers necessary for the ade2 quate protection and utilization of the reserve, then 

3 such land and materials may be appropriated and 

4 transferred to a State, or local government, or public 

5 transportation operator for such purposes and sub6 ject to the conditions so specified. 

7 ‘‘(3) REVERSION.—If at any time such lands 

8 are no longer needed for public transportation pur9 poses, notice shall be given to the Secretary by the 

10 State, local government, or public transportation op11 erator that received the land, and such lands shall 

12 immediately revert to the control of the Secretary of 

13 the Department from which the land was originally 

14 transferred.’’. 

15 SEC. 3024. SPECIAL PROVISIONS FOR CAPITAL PROJECTS. 

16 (a) IN GENERAL.—Section 5324 is amended to read 

17 as follows: 

18 ‘‘§ 5324. Special provisions for capital projects 

19 ‘‘(a) RELOCATION PROGRAM REQUIREMENTS.—Fi20 nancial assistance may be provided under section 5309 

21 only if the Secretary decides that—

22 ‘‘(1) an adequate relocation program is being 

23 carried out for families displaced by a project; and 

24 ‘‘(2) an equal number of decent, safe, and sani25 tary dwellings are being, or will be, provided to those 
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1 families in the same area or in another area gen2 erally not less desirable for public utilities and public 

3 and commercial facilities, at rents or prices within 

4 the financial means of those families, and with rea5 sonable access to their places of employment. 

6 ‘‘(b) ADVANCE REAL PROPERTY ACQUISITIONS.—

7 [Reserved.] 

8 ‘‘(c) CONSIDERATION OF ECONOMIC, SOCIAL, AND

9 ENVIRONMENTAL INTERESTS.—

10 ‘‘(1) COOPERATION AND CONSULTATION.—In 

11 carrying out the policy of section 5301(e), the Sec12 retary shall cooperate and consult with the Secre13 taries of the Interior, Health and Human Services, 

14 and Housing and Urban Development and the Ad15 ministrator of the Environmental Protection Agency 

16 on each project that may have a substantial impact 

17 on the environment. 

18 ‘‘(2) PUBLIC PARTICIPATION IN ENVIRON19 MENTAL REVIEWS.—In performing environmental 

20 reviews, the Secretary shall review each transcript of 

21 a hearing submitted under section 5323(b) to estab22 lish that an adequate opportunity to present views 

23 was given to all parties having a significant eco24 nomic, social, or environmental interest in the 
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1 project, and that the project application includes a 

2 record of—

3 ‘‘(A) the environmental impact of the pro4 posal; 

5 ‘‘(B) adverse environmental effects that 

6 cannot be avoided; 

7 ‘‘(C) alternatives to the proposal; and 

8 ‘‘(D) irreversible and irretrievable impacts 

9 on the environment. 

10 ‘‘(3) APPROVAL OFAPPLICATIONS FOR ASSIST11 ANCE.—

12 ‘‘(A) FINDINGS BY THE SECRETARY.—The 

13 Secretary may approve an application for finan14 cial assistance for a capital project in accord15 ance with this chapter only if the Secretary 

16 makes written findings, after reviewing the ap17 plication and the transcript of any hearing held 

18 before a State or local governmental authority 

19 under section 5323(b), that—

20 ‘‘(i) an adequate opportunity to 

21 present views was given to all parties hav22 ing a significant economic, social, or envi23 ronmental interest; 

24 ‘‘(ii) the preservation and enhance25 ment of the environment and the interest 
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1 of the community in which the project is 

2 located were considered; and 

3 ‘‘(iii) no adverse environmental effect 

4 is likely to result from the project, or no 

5 feasible and prudent alternative to the ef6 fect exists and all reasonable steps have 

7 been taken to minimize the effect. 

8 ‘‘(B) HEARING.—If a hearing has not been 

9 conducted or the Secretary decides that the 

10 record of the hearing is inadequate for making 

11 the findings required by this subsection, the 

12 Secretary shall conduct a hearing on an envi13 ronmental issue raised by the application after 

14 giving adequate notice to interested persons. 

15 ‘‘(C) AVAILABILITY OFFINDINGS.—The 

16 Secretary’s findings under subparagraph (A) 

17 shall be made a matter of public record.’’. 

18 (b) CONFORMING AMENDMENT.—The analysis for 

19 chapter 53 is amended by striking the item relating to 

20 section 5324 and inserting the following:

‘‘5324. Special provisions for capital projects.’’.

21 SEC. 3025. CONTRACT REQUIREMENTS. 

22 (a) IN GENERAL.—Section 5325 is amended—

23 (1) by striking subsections (a) and (b) and in24 serting the following: 
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1 ‘‘(a) COMPETITION.—Recipients of Federal assist2 ance under this chapter shall conduct all procurement 

3 transactions involving such assistance in a manner pro4 viding full and open competition, as determined by the 

5 Secretary. 

6 ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN

7 CONTRACTS.—

8 ‘‘(1) PROCEDURES FOR AWARDING CON9 TRACT.—A contract or requirement for program 

10 management, architectural engineering, construction 

11 management, a feasibility study, and preliminary en12 gineering, design, architectural, engineering, sur13 veying, mapping, or related services for a project for 

14 which Federal assistance is provided under this 

15 chapter shall be awarded in the same way as a con16 tract for architectural and engineering services is ne17 gotiated under chapter 11 of title 40 or an equiva18 lent qualifications-based requirement of a State. 

19 ‘‘(2) EFFECT OF STATE LAWS.—This sub20 section does not apply to the extent a State has 

21 adopted, before the date of enactment of the Federal 

22 Public Transportation Act of 2004, by law a formal 

23 procedure for procuring those services. 

24 ‘‘(3) ADMINISTRATION OFCONTRACTS.—When 

25 awarding such contracts, recipients of assistance 
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1 under this chapter shall maximize efficiencies of ad2 ministration by accepting nondisputed audits con3 ducted by other governmental agencies as follows: 

4 ‘‘(A) PERFORMANCE OF AUDITS.—Any 

5 contract or subcontract awarded under this 

6 chapter shall be performed and audited in com7 pliance with cost principles contained in the 

8 Federal Acquisition Regulation (part 31 of title 

9 48, Code of Federal Regulations). 

10 ‘‘(B) INDIRECT COST RATES.—Instead of 

11 performing its own audits, a recipient of funds 

12 under a contract or subcontract awarded under 

13 this chapter shall accept indirect cost rates es14 tablished in accordance with the Federal Acqui15 sition Regulation for one-year applicable ac16 counting periods by a cognizant Federal or 

17 State government agency, if such rates are not 

18 currently under dispute. 

19 ‘‘(C) APPLICATION OFRATES.—Once a 

20 firm’s indirect cost rates are accepted under 

21 this paragraph, the recipient of the funds shall 

22 apply such rates for the purposes of contract 

23 estimation, negotiation, administration, report24 ing, and contract payment and shall not be lim25 ited by administrative or de facto ceilings. 
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1 ‘‘(D) PRENOTIFICATION; CONFIDEN2 TIALITY OFDATA.—A recipient of funds re3 questing or using the cost and rate data de4 scribed in paragraph (3) shall notify any af5 fected firm before such request or use. Such 

6 data shall be confidential and shall not be ac7 cessible or provided, in whole or in part, to an8 other firm or to any government agency that is 

9 not part of the group of agencies sharing cost 

10 data under this paragraph, except by written 

11 permission of the audited firm. If prohibited by 

12 law, such cost and rate data shall not be dis13 closed under any circumstances.’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(d) DESIGN-BUILD SYSTEM PROJECTS.—

16 ‘‘(1) DEFINITION.—In this section, the term 

17 ‘design-build system project’ means a project under 

18 which a recipient enters into a contract with a seller, 

19 firm, or consortium of firms to design and build a 

20 public transportation system or an operable segment 

21 thereof that meets specific performance criteria. 

22 Such project may also include an option to finance, 

23 or operate for a period of time, the system or seg24 ment or any combination of designing, building, op25 erating, or maintaining such system or segment. 
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1 ‘‘(2) FINANCIAL ASSISTANCE.—Government fi2 nancial assistance under this chapter may be made 

3 available for the capital costs of a design-build sys4 tem project after the recipient complies with Govern5 ment requirements. 

6 ‘‘(e) MULTIYEAR ROLLING STOCK.—

7 ‘‘(1) CONTRACTS.—A recipient procuring roll8 ing stock with Government financial assistance 

9 under this chapter may make a multiyear contract 

10 to buy the rolling stock and replacement parts under 

11 which the recipient has an option to buy additional 

12 rolling stock or replacement parts for not more than 

13 5 years after the date of the original contract. 

14 ‘‘(2) COOPERATION AMONG RECIPIENTS.—The 

15 Secretary shall allow at least 2 recipients to act on 

16 a cooperative basis to procure rolling stock in com17 pliance with this subsection and other Government 

18 procurement requirements. 

19 ‘‘(f) ACQUIRING ROLLING STOCK.—A recipient of fi20 nancial assistance under this chapter may enter into a 

21 contract to expend that assistance to acquire rolling 

22 stock—

23 ‘‘(1) based on—

24 ‘‘(A) initial capital costs; or 
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1 ‘‘(B) performance, standardization, life 

2 cycle costs, and other factors; or 

3 ‘‘(2) with a party selected through a competi4 tive procurement process. 

5 ‘‘(g) EXAMINATION OFTHE RECORDS.—Upon re6 quest, the Secretary, the Comptroller General, or a rep7 resentative of the Secretary or the Comptroller General 

8 shall have access to and the right to examine and inspect 

9 all records, documents, papers, including contracts, re10 lated to a project for which a grant is made under this 

11 chapter. 

12 ‘‘(h) GRANT PROHIBITIONS.—A grant may not be 

13 used to support a procurement that uses an exclusionary 

14 or discriminatory specification.’’. 

15 (b) CONFORMING AMENDMENTS.—Section 5326, and 

16 the item relating to section 5326 in the analysis for chap17 ter 53, are repealed. 

18 SEC. 3026. PROJECT MANAGEMENT OVERSIGHT AND RE19 VIEW. 

20 (a) PROJECT MANAGEMENT PLAN REQUIRE21 MENTS.—Section 5327(a) is amended—

22 (1) by striking ‘‘and’’ at the end of paragraph 

23 (11); 

24 (2) by striking the period at the end of para25 graph (12) and inserting ‘‘; and’’; and 
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1 (3) by adding at the end the following: 

2 ‘‘(13) safety and security management.’’. 

3 (b) LIMITATIONS.—Section 5327(c) is amended to 

4 read as follows:

5 ‘‘(c) LIMITATIONS.—

6 ‘‘(1) LIMITATIONS ON USE OFAVAILABLE

7 AMOUNTS.—The Secretary may use not more than 

8 .5 percent of amounts made available for a fiscal 

9 year to carry out section 5311, not more than .75 

10 percent of amounts made available for a fiscal year 

11 to carry out section 5307, and not more than 1 per12 cent of amounts made available for a fiscal year to 

13 carry out section 5309 to make contracts for the fol14 lowing activities: 

15 ‘‘(A) To oversee the construction of a 

16 major project. 

17 ‘‘(B) To review and audit the safety and 

18 security, procurement, management, and finan19 cial compliance of a recipient or subrecipient of 

20 funds under sections 5307, 5309, and 5311. 

21 ‘‘(C) To provide technical assistance to 

22 correct deficiencies identified in compliance re23 views and audits carried out under this section. 

24 ‘‘(2) LIMITATIONS ON APPLICABILITY.—Sub25 sections (a), (b), and (e) do not apply to contracts 
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1 under this section for activities described in para2 graphs (1)(B) and (1)(C). 

3 ‘‘(3) GOVERNMENT’S SHARE OFCOSTS.—The 

4 Government shall pay the entire cost of carrying out 

5 a contract under this subsection.’’. 

6 SEC. 3027. INVESTIGATIONS OF SAFETY AND HAZARDS. 

7 (a) IN GENERAL.—Section 5329 is amended to read 

8 as follows: 

9 ‘‘§ 5329. Investigation of safety and hazards 

10 ‘‘(a) IN GENERAL.—The Secretary may investigate 

11 safety and security risks associated with a condition in 

12 equipment, a facility, or an operation financed under this 

13 chapter that the Secretary believes causes a serious hazard 

14 of death or injury to establish the nature and extent of 

15 the condition and how to eliminate, mitigate, or correct 

16 it. 

17 ‘‘(b) PLANS FOR ELIMINATING, MITIGATING, OR

18 CORRECTING HAZARDS.—If the Secretary establishes that 

19 a condition causes a hazard, the Secretary shall require 

20 the local governmental authority receiving amounts under 

21 this chapter to submit a plan for eliminating, mitigating, 

22 or correcting it. 

23 ‘‘(c) WITHHOLDING FINANCIAL ASSISTANCE.—Fi24 nancial assistance under this chapter, in an amount to be 
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1 determined by the Secretary, may be withheld until a plan 

2 is approved and carried out.’’. 

3 (b) CONFORMING AMENDMENT.—The analysis for 

4 chapter 53 is amended by striking the item relating to 

5 section 5329 and inserting the following:

‘‘5329. Investigation of safety and hazards.’’.

6 SEC. 3028. STATE SAFETY OVERSIGHT. 

7 (a) IN GENERAL.—Section 5330 is amended—

8 (1) by striking the section heading and all that 

9 follows through subsection (a) and inserting the fol10 lowing: 

11 ‘‘§ 5330. State safety oversight 

12 ‘‘(a) APPLICATION.—This section applies only to—

13 ‘‘(1) States that have rail fixed guideway public 

14 transportation systems not subject to regulation by 

15 the Federal Railroad Administration; and 

16 ‘‘(2) States that are designing rail fixed guide17 way public transportation systems that will not be 

18 subject to regulation by the Federal Railroad Ad19 ministration.’’; 

20 (2) in subsection (d) by inserting ‘‘shall ensure 

21 uniform safety standards and enforcement and’’ 

22 after ‘‘affected States’’; and 

23 (3) by striking subsection (f). 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 53 is amended by striking the item relating to 

3 section 5330 and inserting the following:

‘‘5330. State safety oversight.’’.

4 SEC. 3029. CONTROLLED SUBSTANCES AND ALCOHOL MIS5 USE TESTING. 

6 (a) DEFINITIONS.—Section 5331(a)(3) is amended 

7 by inserting after ‘‘title’’ the following: ‘‘or section 2303a, 

8 7101(i), or 7302(e) of title 46. The Secretary may also 

9 decide that a form of public transportation is covered ade10 quately, for employee alcohol and controlled substances 

11 testing purposes, under the alcohol and controlled sub12 stance statutes or regulations of an agency within the De13 partment of Transportation or the Coast Guard.’’. 

14 (b) TECHNICAL CORRECTIONS.—Subsections (b)(1) 

15 and (g) of section 5331 are each amended by striking ‘‘or 

16 section 103(e)(4) of title 23’’. 

17 (c) REGULATIONS.—Section 5331(f) is amended by 

18 striking paragraph (3). 

19 SEC. 3030. EMPLOYEE PROTECTIVE ARRANGEMENTS. 

20 Section 5333(b)(1) is amended by striking ‘‘5318(d), 

21 5323(a)(1), (b), (d), and (e), 5328, 5337, and 5338(b)’’ 

22 each place it appears and inserting ‘‘5316, 5317, 5318, 

23 5320, 5323(a)(1), 5323(b), 5323(d), 5328, 5337, and 

24 5338(b)’’. 
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1 SEC. 3031. ADMINISTRATIVE PROCEDURES. 

2 Section 5334 is amended—

3 (1) in subsection (a)—

4 (A) by striking ‘‘and’’ at the end of para5 graph (9); 

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

7 paragraph (10) and inserting ‘‘; and’’; and 

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

9 ‘‘(11) issue regulations as necessary to carry 

10 out the purposes of this chapter.’’; 

11 (2) by striking subsection (i); 

12 (3) by redesignating subsections (b) through (h) 

13 as subsections (c) through (i), respectively; 

14 (4) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) PROHIBITIONS AGAINST REGULATING OPER17 ATIONS AND CHARGES.—

18 ‘‘(1) IN GENERAL.—Except for purposes of na19 tional defense or in the event of a national or re20 gional emergency, the Secretary may not regulate 

21 the operation, routes, or schedules of a public trans22 portation system for which a grant is made under 

23 this chapter, nor may the Secretary regulate the 

24 rates, fares, tolls, rentals, or other charges pre25 scribed by any provider of public transportation. 
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1 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC2 TION.—Nothing in this subsection shall be construed 

3 to prevent the Secretary from requiring a recipient 

4 of funds under this chapter to comply with the 

5 terms and conditions of its Federal assistance agree6 ment.’’; and 

7 (5) in subsection (c)(4) (as so redesignated)—

8 (A) by striking ‘‘subsections (h) and (i)’’ 

9 and inserting ‘‘subsection (i)’’; and 

10 (B) by striking ‘‘5323(c), 5323(e), 

11 5324(c),’’. 

12 SEC. 3032. NATIONAL TRANSIT DATABASE. 

13 (a) IN GENERAL.—Section 5335 is amended—

14 (1) by striking the section heading and insert15 ing the following: 

16 ‘‘§ 5335. National transit database’’; 

17 (2) by striking subsection (b); and 

18 (3) in subsection (a)—

19 (A) by striking ‘‘(1) To help’’ and insert20 ing ‘‘To help’’; and 

21 (B) by striking ‘‘(2) The Secretary’’ and 

22 inserting ‘‘(b) REPORTING AND UNIFORM SYS23 TEMS.—The Secretary’’. 
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1 (b) CONFORMING AMENDMENT.—The analysis for 

2 chapter 53 is amended by striking the item relating to 

3 section 5335 and inserting the following:

‘‘5335. National transit database.’’.

4 SEC. 3033. APPORTIONMENTS BASED ON FIXED GUIDEWAY 

5 FACTORS. 

6 (a) DISTRIBUTION.—Section 5337 is amended by 

7 striking the section designation and all that follows before 

8 paragraph (1) of subsection (a) and inserting the fol9 lowing: 

10 ‘‘§ 5337. Apportionment based on fixed guideway fac11 tors 

12 ‘‘(a) DISTRIBUTION.—The Secretary shall apportion 

13 amounts made available for fixed guideway modernization 

14 under section 5338(b) as follows:’’. 

15 (b) ROUTE SEGMENTS TO BE INCLUDED IN APPOR16 TIONMENT FORMULAS.—Section 5337(e) is amended by 

17 striking paragraph (1) and all that follows through ‘‘(2) 

18 OTHER STANDARDS.—’’. 

19 (c) CONFORMING AMENDMENT.—The item relating 

20 to section 5337 in the table of sections for chapter 53 is 

21 amended to read as follows:

‘‘5337. Apportionment based on fixed guideway factors.’’.

22 SEC. 3034. AUTHORIZATIONS. 

23 Section 5338 is amended to read as follows: 
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1 ‘‘§ 5338. Authorizations 

2 ‘‘(a) FORMULA GRANTS.—

3 ‘‘(1) FISCAL YEAR 2004.—

4 ‘‘(A) FROM TRUST FUND.—There shall be 

5 available from the Mass Transit Account of the 

6 Highway Trust Fund to carry out sections 

7 5307, 5310, 5311, 5316, 5317, and 5320 of 

8 this chapter, 1118(c) of the Transportation Eq9 uity Act: A Legacy for Users (relating to the 

10 nonmotorized transportation pilot program), 

11 and section 3038 of the Transportation Equity 

12 Act for the 21st Century (49 U.S.C. 5310 note; 

13 112 Stat. 392–393) $3,582,400,000 for fiscal 

14 year 2004. 

15 ‘‘(B) FROM GENERAL FUND.—In addition 

16 to amounts made available under subparagraph 

17 (A), there are authorized to be appropriated to 

18 carry out sections 5307, 5310, 5311, 5316, and 

19 5317, of this chapter, 1118(c) of the Transpor20 tation Equity Act: A Legacy for Users (relating 

21 to the nonmotorized transportation pilot pro22 gram) and section 3038 of the Transportation 

23 Equity Act for the 21st Century (49 U.S.C. 

24 5310 note; 112 Stat. 392–393) $885,700,000 

25 for fiscal year 2004. 
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1 ‘‘(C) ALLOCATION OFFUNDS.—Of the ag2 gregate of amounts made available by and ap3 propriated under this paragraph for a fiscal 

4 year—

5 ‘‘(i) $4,849,950 shall be available to 

6 the Alaska Railroad for improvements to 

7 its passenger operations under section 

8 5307; 

9 ‘‘(ii) $175,000,000 shall be available 

10 to provide job access and reverse commute 

11 formula grants under section 5316; 

12 ‘‘(iii) $100,000,000 shall be available 

13 to carry out the New Freedom program 

14 under section 5317; 

15 ‘‘(iv) $100,000,000 shall be available 

16 to provide clean fuels formula grants under 

17 section 5308; 

18 ‘‘(v) $10,000,000 shall be available to 

19 carry out the transit in the parks pilot pro20 gram under section 5320; 

21 ‘‘(vi) $5,000,000 shall be available to 

22 carry out the nonmotorized transportation 

23 pilot program under section 1118(c) of the 

24 Transportation Equity Act: A Legacy for 

25 Users; 
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1 ‘‘(vii) $10,000,000 shall be available 

2 to provide over-the-road bus accessibility 

3 grants under section 3038 of the Trans4 portation Equity Act for the 21st Century 

5 (49 U.S.C. 5310 note); 

6 ‘‘(viii) $100,503,751 shall be available 

7 to provide transportation services to elderly 

8 individuals and individuals with disabilities 

9 under section 5310; 

10 ‘‘(ix) $321,612,004 shall be available 

11 to provide financial assistance for other 

12 than urbanized areas under section 5311; 

13 and 

14 ‘‘(x) $3,598,034,295 shall be available 

15 to provide financial assistance for urban16 ized areas under section 5307, subject to 

17 section 3041(h) of the Federal Public 

18 Transportation Act of 2004. 

19 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—

20 ‘‘(A) FROM TRUST FUND.—There shall be 

21 available from the Mass Transit Account of the 

22 Highway Trust Fund to carry out sections 

23 5307, 5308, 5310, 5311, 5316, 5317, 5318, 

24 and 5320 of this chapter, section 3038 of the 

25 Transportation Equity Act for the 21st Century 
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1 (49 U.S.C. 5310 note; 112 Stat. 392–393), and 

2 section 1118(c) of the Transportation Equity 

3 Act: A Legacy for Users (relating to the non4 motorized transportation pilot program)—

5 ‘‘(i) $5,249,750,000 for fiscal year 

6 2005; 

7 ‘‘(ii) $5,908,750,000 for fiscal year 

8 2006; 

9 ‘‘(iii) $6,623,500,000 for fiscal year 

10 2007; 

11 ‘‘(iv) $7,282,500,000 for fiscal year 

12 2008; and 

13 ‘‘(v) $8,053,000,000 for fiscal year 

14 2009. 

15 ‘‘(B) ALLOCATION OF FUNDS FOR CLEAN

16 FUELS FORMULA GRANTS, BUS TESTING, OVER17 THE-ROAD BUS ACCESSIBILITY, AND ALASKA

18 RAILROAD.—Of the aggregate of amounts made 

19 available by this paragraph for a fiscal year—

20 ‘‘(i) $100,000,000 shall be available 

21 to carry out section 5308; 

22 ‘‘(ii) $3,500,000 shall be available to 

23 carry out section 5318; 

24 ‘‘(iii) $10,000,000 shall be available 

25 to carry out section 3038 of the Transpor-
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1 tation Equity Act for the 21st Century (49 

2 U.S.C. 5310 note); and 

3 ‘‘(iv) $4,849,950 shall be available to 

4 the Alaska Railroad for improvements to 

5 its passenger operations under section 

6 5307. 

7 ‘‘(C) ALLOCATION OF FUNDS FOR JOB AC8 CESS AND REVERSE COMMUTE FORMULA

9 GRANTS.—Of the aggregate of amounts made 

10 available by this paragraph, $185,000,000 for 

11 fiscal year 2005, $195,000,000 for fiscal year 

12 2006, $205,000,000 for fiscal year 2007, 

13 $215,000,000 for fiscal year 2008, and 

14 $225,000,000 for fiscal year 2009 shall be 

15 available to carry out section 5316. 

16 ‘‘(D) ALLOCATION OF FUNDS FOR NEW

17 FREEDOM PROGRAM.—Of the aggregate of 

18 amounts made available by this paragraph, 

19 $120,000,000 for fiscal year 2005, 

20 $125,000,000 for fiscal year 2006, 

21 $150,000,000 for fiscal year 2007, 

22 $150,000,000 for fiscal year 2008, and 

23 $175,000,000 for fiscal year 2009 shall be 

24 available to carry out section 5317. 
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1 ‘‘(E) ALLOCATION OF FUNDS FOR TRANSIT

2 IN THE PARKS PILOT PROGRAM.—Of the aggre3 gate of amounts made available by this para4 graph, $10,000,000 for fiscal year 2005, 

5 $20,000,000 for fiscal year 2006, $20,000,000 

6 for fiscal year 2007, $20,000,000 for fiscal year 

7 2008, and $20,000,000 for fiscal year 2009 

8 shall be available to carry out section 5320. 

9 ‘‘(F) ALLOCATION OF FUNDS FOR NON10 MOTORIZED TRANSPORTATION PILOT PRO11 GRAM.—Of the aggregate of amounts made 

12 available by this paragraph, $5,000,000 for fis13 cal year 2005, $5,000,000 for fiscal year 2006, 

14 $10,000,000 for fiscal year 2007, $10,000,000 

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

16 year 2009 shall be available to carry out section 

17 1118(c) of the Transportation Equity Act: A 

18 Legacy for Users (relating to the nonmotorized 

19 transportation pilot program). 

20 ‘‘(G) REMAINDER.—Of the remainder of 

21 the aggregate amounts made available by this 

22 paragraph for a fiscal year after the allocations 

23 under subparagraphs (B) through (F) for such 

24 fiscal year—
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1 ‘‘(i) 2.5 percent shall be available to 

2 provide transportation services to elderly 

3 individuals and individuals with disabilities 

4 under section 5310; 

5 ‘‘(ii) 8.0 percent shall be available to 

6 provide financial assistance for other than 

7 urbanized areas under section 5311; and 

8 ‘‘(iii) 89.5 percent shall be available to 

9 provide financial assistance for urbanized 

10 areas under section 5307, subject to sec11 tion 3041(h) of the Federal Public Trans12 portation Act of 2004. 

13 ‘‘(b) CAPITAL PROGRAM GRANTS.—

14 ‘‘(1) FISCAL YEAR 2004.—

15 ‘‘(A) FROM TRUST FUND.—There shall be 

16 available from the Mass Transit Account of the 

17 Highway Trust Fund to carry out section 5309, 

18 $2,820,800,000 for fiscal year 2004. 

19 ‘‘(B) FROM GENERAL FUND.—In addition 

20 to amounts made available by subparagraph 

21 (A), there is authorized to be appropriated to 

22 carry out section 5309, $705,200,000 for fiscal 

23 year 2004. 

24 ‘‘(2) FISCAL YEARS 2005 THROUGH 2009.—
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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 section 

4 5309—

5 ‘‘(i) $2,394,600,000 for fiscal year 

6 2005; 

7 ‘‘(ii) $2,686,200,000 for fiscal year 

8 2006; 

9 ‘‘(iii) $3,003,600,000 for fiscal year 

10 2007; 

11 ‘‘(iv) $3,295,200,000 for fiscal year 

12 2008; and 

13 ‘‘(v) $3,638,400,000 for fiscal year 

14 2009. 

15 ‘‘(B) FROM GENERAL FUND.—In addition 

16 to amounts made available by subparagraph 

17 (A), there are authorized to be appropriated to 

18 carry out section 5309—

19 ‘‘(i) $1,776,400,000 for fiscal year 

20 2005; 

21 ‘‘(ii) $2,000,800,000 for fiscal year 

22 2006; 

23 ‘‘(iii) $2,242,400,000 for fiscal year 

24 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 OFFUNDS.—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 OFUNIVERSITY 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 OFFUNDS.—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 OFAPPROPRIATIONS.—

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 OFFUNDS.—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 OFAVAILABILITY.—The amounts 

9 made available under this section shall remain avail10 able until expended. 

11 ‘‘(4) INITIAL DATE OFAVAILABILITY.—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 OFEXPENDITURES.—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 OFRECORDS 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 OFGRANTS.—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 OFFUNDS.—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 OFGRANTS.—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 OFFUNDS.—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 OFUSE

12 OFPRODUCTS.—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 OFDIRECTLY 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 OFTECHNOLOGY.—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 OFINSULIN 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 OFTRANSPORTATION 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 OFTHE 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 OFRESEARCH.—

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 OFRESEARCH 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 OFNON-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 OFNON-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 OFRESEARCH.—
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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 OFRESEARCH 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 OFNON-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 OFRESULTS.—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 IFUNITED 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 OFREMEDY.—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 OFPAYMENTS.—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 OFCENTERS.—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 OFREGIONAL 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 OFGRANTS.—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 OFGRANTS.—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 OFPROGRAM.—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 OFREPORTS.—

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 OFFEDERAL 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 OFINFORMATION.—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 OFSTANDARDS 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 OFEXPERT 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 OFADVISORY 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