II
May 18, 2005
Ordered to be printed as passed
In the Senate of the United States,
May 17, 2005.
Resolved, That the bill from the House of Representa-
tives (H.R. 3) entitled ‘‘An Act to authorize funds for Fed-
eral-aid highways, highway safety programs, and transit pro-
grams, and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Safe, Accountable, Flexible, and Efficient Transportation
Equity Act of 2005’’.
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(b) TABLE OF CONTENTS.—The table of contents of this
Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. General definitions.
Sec. 3. Definitions for title 23.
TITLE I—FEDERAL-AID HIGHWAYS
Subtitle A—Funding
Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation ceiling.
Sec. 1103. Apportionments.
Sec. 1104. Equity bonus programs.
Sec. 1105. Revenue aligned budget authority.
Sec. 1106. Use of excess funds and funds for inactive projects.
Subtitle B—New Programs
Sec. 1201. Infrastructure performance and maintenance program.
Sec. 1202. Future of surface transportation system.
Sec. 1203. Freight transportation gateways; freight intermodal connections.
Sec. 1204. Construction of ferry boats and ferry terminal and maintenance facili-
ties; coordination of ferry construction and maintenance.
Sec. 1205. Designation of Interstate Highways.
Sec. 1206. State-by-State comparison of highway construction costs.
Subtitle C—Finance
Sec. 1301. Federal share.
Sec. 1302. Transfer of highway and transit funds.
Sec. 1303. Transportation Infrastructure Finance and Innovation Act Amend-
ments.
Sec. 1304. State infrastructure banks.
Sec. 1305. Public-private partnerships pilot program.
Subtitle D—Safety
Sec. 1401. Highway safety improvement program.
Sec. 1402. Operation lifesaver.
Sec. 1403
Increased penalties for higher-risk drivers driving while intoxicated or
driving under the influence.
Sec. 1404. Bus axle weight exemption.
Sec. 1405. Safe routes to schools program.
Sec. 1406. Purchases of equipment.
Sec. 1407. Workzone safety.
Sec. 1408. Worker injury prevention and free flow of vehicular traffic.
Sec. 1409. Open container requirements.
Sec. 1410. Safe intersections.
Sec. 1411. Presidential commission on alcohol-impaired driving.
Sec. 1412. Sense of the Senate in support of increased public awareness of blood
alcohol concentration levels and the dangers of drinking and
driving.
Sec. 1413. Grant program for commercial driver training.
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Subtitle E—Environmental Planning and Review
CHAPTER 1—TRANSPORTATION PLANNING
Sec. 1501. Integration of natural resource concerns into State and metropolitan
transportation planning.
Sec. 1502. Consultation between transportation agencies and resource agencies in
transportation planning.
Sec. 1503. Integration of natural resource concerns into transportation project
planning.
Sec. 1504. Public involvement in transportation planning and projects.
Sec. 1505. Project mitigation.
CHAPTER 2—TRANSPORTATION PROJECT DEVELOPMENT PROCESS
Sec. 1511. Transportation project development process.
Sec. 1512. Assumption of responsibility for categorical exclusions.
Sec. 1513. Surface transportation project delivery pilot program.
Sec. 1514. Parks, recreation areas, wildlife and waterfowl refuges, and historic
sites.
Sec. 1515. Regulations.
CHAPTER 3—MISCELLANEOUS
Sec. 1521. Critical real property acquisition.
Sec. 1522. Planning capacity building initiative.
Sec. 1523. Intermodal passenger facilities.
Sec. 1524. 14th Amendment highway and 3rd infantry division highway.
Subtitle F—Environment
Sec. 1601. Environmental restoration and pollution abatement; control of
invasive plant species and establishment of native species.
Sec. 1602. National scenic byways program.
Sec. 1603. Recreational trails program.
Sec. 1604. Exemption of Interstate System.
Sec. 1605. Standards.
Sec. 1606. Use of high occupancy vehicle lanes.
Sec. 1607. Bicycle transportation and pedestrian walkways.
Sec. 1608. Idling reduction facilities in Interstate rights-of-way.
Sec. 1609. Toll programs.
Sec. 1610. Federal reference method.
Sec. 1611. Addition of particulate matter areas to CMAQ.
Sec. 1612. Addition to CMAQ-eligible projects.
Sec. 1613. Improved interagency consultation.
Sec. 1614. Evaluation and assessment of CMAQ projects.
Sec. 1615. Synchronized planning and conformity timelines, requirements, and
horizon.
Sec. 1616. Transition to new air quality standards.
Sec. 1617. Reduced barriers to air quality improvements.
Sec. 1618. Air quality monitoring data influenced by exceptional events.
Sec. 1619. Conforming amendments.
Sec. 1620. Highway stormwater discharge mitigation program.
Sec. 1621. Federal procurement of recycled coolant.
Sec. 1622. Clean school bus program.
Sec. 1623. Conserve by bicycling program.
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Subtitle G—Operations
Sec. 1701. Transportation systems management and operations.
Sec. 1702. Real-time system management information program.
Sec. 1703. Contracting for engineering and design services.
Sec. 1704. Designation of transportation management areas.
Subtitle H—Federal-Aid Stewardship
Sec. 1801. Future Interstate System routes.
Sec. 1802. Stewardship and oversight.
Sec. 1803. Revision of regulations.
Sec. 1804. Program efficiencies—finance.
Sec. 1805. Set-asides for interstate discretionary projects.
Sec. 1806. Federal lands highways program.
Sec. 1807. Highway bridge program.
Sec. 1808. Appalachian development highway system.
Sec. 1809. Multistate corridor program.
Sec. 1810. Border planning, operations, technology, and capacity program.
Sec. 1811. Puerto Rico highway program.
Sec. 1812. National historic covered bridge preservation.
Sec. 1813. Transportation and community and system preservation program.
Sec. 1814. Parking pilot programs.
Sec. 1815. Interstate oasis program.
Sec. 1816. Tribal-State road maintenance agreements.
Sec. 1817. National forest system roads.
Sec. 1818. Territorial highway program.
Sec. 1819. High-speed magnetic levitation system deployment program.
Sec. 1820. Donations and credits.
Sec. 1821. Disadvantaged business enterprises.
Sec. 1822. ƒReserved≈.
Sec. 1823. Priority for pedestrian and bicycle facility enhancement projects.
Sec. 1824. The Delta Regional Authority.
Sec. 1825. Multistate international corridor development program.
Sec. 1826. Authorization of contract authority for States with Indian Reserva-
tions.
Sec. 1827. Value pricing pilot program.
Sec. 1828. Credit to State of Louisiana for State matching funds.
Sec. 1829. Approval and funding for certain construction projects.
Sec. 1830. Notice regarding participation of small business concerns.
Sec. 1831. Alaska Way viaduct study.
Sec. 1832. Bridge construction, North Dakota.
Sec. 1833. Community enhancement study.
Sec. 1834. Comprehensive coastal evacuation plan.
Sec. 1835. Priority projects.
Sec. 1836. Transportation needs, Grayling, Michigan.
Sec. 1837. US–95 Project, Las Vegas, Nevada.
Subtitle I—Technical Corrections
Sec. 1901. Repeal or update of obsolete text.
Sec. 1902. Clarification of date.
Sec. 1903. Inclusion of requirements for signs identifying funding sources in title
23.
Sec. 1904. Inclusion of Buy America requirements in title 23.
Sec. 1905. Technical amendments to nondiscrimination section.
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TITLE II—TRANSPORTATION RESEARCH
Subtitle A—Funding
Sec. 2001. Authorization of appropriations.
Sec. 2002. Obligation ceiling.
Sec. 2003. Notice.
Subtitle B—Research and Technology
Sec. 2101. Research and technology program.
Sec. 2102. Study of data collection and statistical analysis efforts.
Sec. 2103. Centers for surface transportation excellence.
Sec. 2104. Motorcycle crash causation study grants.
Sec. 2105. Transportation technology innovation and demonstration program.
Subtitle C—Intelligent Transportation System Research
Sec. 2201. Intelligent transportation system research and technical assistance
program.
TITLE III—TRANSPORTATION DISCRETIONARY SPENDING
GUARANTEE AND BUDGET OFFSETS
Sec. 3101. Sense of the Senate on overall Federal budget.
Sec. 3102. Discretionary spending categories.
Sec. 3103. Level of obligation limitations.
TITLE IV—SOLID WASTE DISPOSAL
Sec. 4001. Increased use of recovered mineral component in federally funded
projects involving procurement of cement or concrete.
Sec. 4002. Use of granular mine tailings.
TITLE V—HIGHWAY REAUTHORIZATION AND EXCISE TAX
SIMPLIFICATION
Sec. 5000. Short title; amendment of 1986 Code.
Subtitle A—Trust Fund Reauthorization
Sec. 5101. Extension of highway-related taxes and trust funds.
Sec. 5102. Modification of adjustments of apportionments.
Subtitle B—Excise Tax Reform and Simplification
PART I—HIGHWAY EXCISE TAXES
Sec. 5201. Modification of gas guzzler tax.
Sec. 5202. Exclusion for tractors weighing 19,500 pounds or less from Federal ex-
cise tax on heavy trucks and trailers.
Sec. 5203. Exemption for equipment for transporting bulk beds of farm crops
from excise tax on retail sale of heavy trucks and trailers.
Sec. 5204. Volumetric excise tax credit for alternative fuels.
PART II—AQUATIC EXCISE TAXES
Sec. 5211. Elimination of Aquatic Resources Trust Fund and transformation of
Sport Fish Restoration Account.
Sec. 5212. Repeal of harbor maintenance tax on exports.
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Sec. 5213. Cap on excise tax on certain fishing equipment.
PART III—AERIAL EXCISE TAXES
Sec. 5221. Clarification of excise tax exemptions for agricultural aerial applica-
tors and exemption for fixed-wing aircraft engaged in forestry
operations.
Sec. 5222. Modification of rural airport definition.
Sec. 5223. Exemption from taxes on transportation provided by seaplanes.
Sec. 5224. Certain sightseeing flights exempt from taxes on air transportation.
PART IV—TAXES RELATING TO ALCOHOL
Sec. 5231. Repeal of special occupational taxes on producers and marketers of al-
coholic beverages.
Sec. 5232. Modification of limitation on rate of rum excise tax cover over to
Puerto Rico and Virgin Islands.
Sec. 5233. Income tax credit for distilled spirits wholesalers and for distilled spir-
its in control State bailment warehouses for costs of carrying
Federal excise taxes on bottled distilled spirits.
Sec. 5234. Quarterly excise tax filing for small alcohol excise taxpayers.
PART V—SPORT EXCISE TAXES
Sec. 5241. Custom gunsmiths.
Subtitle C—Miscellaneous Provisions
Sec. 5301. Motor Fuel Tax Enforcement Advisory Commission.
Sec. 5302. National Surface Transportation Infrastructure Financing Commis-
sion.
Sec. 5303. Expansion of Highway Trust Fund expenditure purposes to include
funding for studies of supplemental or alternative financing for
the Highway Trust Fund.
Sec. 5304. Delta Regional transportation plan.
Sec. 5305. Build America Corporation.
Sec. 5306. Increase in dollar limitation for qualified transportation fringe bene-
fits.
Sec. 5307. Treasury study of highway fuels used by trucks for non-transportation
purposes.
Sec. 5308. Tax-exempt financing of highway projects and rail-truck transfer fa-
cilities.
Sec. 5309. Tax treatment of State ownership of railroad real estate investment
trust.
Sec. 5310. Incentives for the installation of alternative fuel refueling stations.
Sec. 5311. Modification of recapture rules for amortizable section 197 intangibles.
Sec. 5312. Diesel fuel tax evasion report.
Subtitle D—Fuels-Related Technical Corrections
Sec. 5401. Fuels-related technical corrections.
Subtitle E—Revenue Offset Provisions
PART I—GENERAL PROVISIONS
Sec. 5501. Treatment of contingent payment convertible debt instruments.
Sec. 5502. Frivolous tax submissions.
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Sec. 5503. Increase in certain criminal penalties.
Sec. 5504. Doubling of certain penalties, fines, and interest on underpayments re-
lated to certain offshore financial arrangements.
Sec. 5505. Modification of interaction between subpart F and passive foreign in-
vestment company rules.
Sec. 5506. Declaration by chief executive officer relating to Federal annual cor-
porate income tax return.
Sec. 5507. Treasury regulations on foreign tax credit.
Sec. 5508. Whistleblower reforms.
Sec. 5509. Denial of deduction for certain fines, penalties, and other amounts.
Sec. 5510. Freeze of interest suspension rules with respect to listed transactions.
Sec. 5511. Modifications of effective dates of leasing provisions of the American
Jobs Creation Act of 2004.
Sec. 5512. Imposition of mark-to-market tax on individuals who expatriate.
Sec. 5513. Disallowance of deduction for punitive damages.
Sec. 5514. Application of earnings stripping rules to partners which are C cor-
porations.
Sec. 5515. Prohibition on deferral of gain from the exercise of stock options and
restricted stock gains through deferred compensation arrange-
ments.
Sec. 5516. Limitation of employer deduction for certain entertainment expenses.
Sec. 5517. Increase in penalty for bad checks and money orders.
Sec. 5518. Elimination of double deduction on mining exploration and develop-
ment costs under the minimum tax.
PART II—ECONOMIC SUBSTANCE DOCTRINE
Sec. 5521. Clarification of economic substance doctrine.
Sec. 5522. Penalty for understatements attributable to transactions lacking eco-
nomic substance, etc.
Sec. 5523. Denial of deduction for interest on underpayments attributable to non-
economic substance transactions.
PART III—IMPROVEMENTS IN EFFICIENCY AND SAFEGUARDS IN INTERNAL
REVENUE SERVICE COLLECTION
Sec. 5531. Waiver of user fee for installment agreements using automated with-
drawals.
Sec. 5532. Termination of installment agreements.
Sec. 5533. Office of Chief Counsel review of offers-in-compromise.
Sec. 5534. Partial payments required with submission of offers-in-compromise.
Sec. 5535. Joint task force on offers-in-compromise.
Subtitle F—Additional Revenue Provisions
PART I—GENERAL PROVISIONS
Sec. 5601. Suspension of transfers from Highway Trust Fund for certain repay-
ments and credits.
Sec. 5602. Temporary dedication of gas guzzler tax to Highway Trust Fund.
PART II—PROVISIONS TO COMBAT FUEL FRAUD
Sec. 5611. Treatment of kerosene for use in aviation.
Sec. 5612. Repeal of ultimate vendor refund claims with respect to farming.
Sec. 5613. Refunds of excise taxes on exempt sales of fuel by credit card.
Sec. 5614. Additional requirement for exempt purchases.
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Sec. 5615. Reregistration in event of change in ownership.
Sec. 5616. Reconciliation of on-loaded cargo to entered cargo.
Sec. 5617. Registration of deep-draft vessels.
Sec. 5618. Taxation of gasoline blendstocks and kerosene.
Sec. 5619. Nonapplication of export exemption to delivery of fuel to motor vehi-
cles removed from United States.
Sec. 5620. Penalty with respect to certain adulterated fuels.
TITLE VI—PUBLIC TRANSPORTATION
Sec. 6001. Short title.
Sec. 6002. Amendments to title 49, United States Code; updated terminology.
Sec. 6003. Policies, findings, and purposes.
Sec. 6004. Definitions.
Sec. 6005. Metropolitan transportation planning.
Sec. 6006. Statewide transportation planning.
Sec. 6007. Transportation management areas.
Sec. 6008. Private enterprise participation.
Sec. 6009. Urbanized area formula grants.
Sec. 6010. Planning programs.
Sec. 6011. Capital investment program.
Sec. 6012. New freedom for elderly persons and persons with disabilities.
Sec. 6013. Formula grants for other than urbanized areas.
Sec. 6014. Research, development, demonstration, and deployment projects.
Sec. 6015. Transit cooperative research program.
Sec. 6016. National research programs.
Sec. 6017. National transit institute.
Sec. 6018. Bus testing facility.
Sec. 6019. Bicycle facilities.
Sec. 6020. Suspended light rail technology pilot project.
Sec. 6021. Crime prevention and security.
Sec. 6022. General provisions on assistance.
Sec. 6023. Special provisions for capital projects.
Sec. 6024. Contract requirements.
Sec. 6025. Project management oversight and review.
Sec. 6026. Project review.
Sec. 6027. Investigations of safety and security risk.
Sec. 6028. State safety oversight.
Sec. 6029. Terrorist attacks and other acts of violence against public transpor-
tation systems.
Sec. 6030. Controlled substances and alcohol misuse testing.
Sec. 6031. Employee protective arrangements.
Sec. 6032. Administrative procedures.
Sec. 6033. Reports and audits.
Sec. 6034. Apportionments of appropriations for formula grants.
Sec. 6035. Apportionments for fixed guideway modernization.
Sec. 6036. Authorizations.
Sec. 6037. Apportionments based on growing States formula factors.
Sec. 6038. Job access and reverse commute grants.
Sec. 6039. Over-the-road bus accessibility program.
Sec. 6040. Alternative transportation in parks and public lands.
Sec. 6041. Obligation ceiling.
Sec. 6042. Adjustments for The Surface Transportation Extension Act of 2004.
Sec. 6043. Disadvantaged business enterprise.
Sec. 6044. Transit pass transportation fringe benefits.
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Sec. 6045. Funding for ferry boats.
Sec. 6046. Commuter rail.
TITLE VII—SURFACE TRANSPORTATION SAFETY IMPROVEMENT
Sec. 7001. Short title.
Sec. 7002. Amendment of United States Code.
SUBTITLE A—MOTOR CARRIER SAFETY
CHAPTER 1—MOTOR CARRIERS
Sec. 7101. Short title.
Sec. 7102. Contract authority.
Sec. 7103. Authorization of appropriations.
Sec. 7104. High risk carrier compliance reviews.
Sec. 7105. Overdue reports, studies, and rulemakings.
Sec. 7106. Amendments to the listed reports, studies, and rulemaking proceedings.
Sec. 7107. Motor carrier safety grants.
Sec. 7108. Technical corrections.
Sec. 7109. Penalty for denial of access to records.
Sec. 7110. Medical program.
Sec. 7111. Operation of commercial motor vehicles by individuals who use insulin
to treat diabetes mellitus.
Sec. 7112. Financial responsibility for private motor carriers.
Sec. 7113. Increased penalties for out-of-service violations and false records.
Sec. 7114. Intrastate operations of interstate motor carriers.
Sec. 7115. Authority to stop commercial motor vehicles.
Sec. 7116. Revocation of operating authority.
Sec. 7117. Pattern of safety violations by motor carrier management.
Sec. 7118. Motor carrier research and technology program.
Sec. 7119. International cooperation.
Sec. 7120. Performance and registration information system management.
Sec. 7121. Commercial vehicle information systems and networks deployment.
Sec. 7122. Outreach and education.
Sec. 7123. Foreign commercial motor vehicles.
Sec. 7124. Pre-employment safety screening.
Sec. 7125. Class or category exemptions.
Sec. 7126. Decals.
Sec. 7127. Roadability.
Sec. 7128. Motor carrier regulations.
Sec. 7129. Vehicle towing.
Sec. 7130. Certification of vehicle emission performance standards.
CHAPTER 2—UNIFIED CARRIER REGISTRATION
Sec. 7131. Short title.
Sec. 7132. Relationship to other laws.
Sec. 7133. Inclusion of motor private and exempt carriers.
Sec. 7134. Unified carrier registration system.
Sec. 7135. Registration of motor carriers by States.
Sec. 7136. Identification of vehicles.
Sec. 7137. Use of UCR agreement revenues as matching funds.
Sec. 7138. Facilitation of international registration plans and international fuel
tax agreements.
Sec. 7139. Identity authentication standards.
Sec. 7140. Off-duty time for drivers of commercial vehicles.
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CHAPTER 3—COMMERCIAL DRIVER’S LICENSES
Sec. 7151. CDL task force.
Sec. 7152. CDL learner’s permit program.
Sec. 7153. Grants to States for commercial driver’s license improvements.
Sec. 7154. Modernization of CDL information system.
Sec. 7155. School bus endorsement knowledge test requirement.
SUBTITLE B—HIGHWAY AND VEHICULAR SAFETY
Sec. 7201. Short title.
CHAPTER 1—HIGHWAY SAFETY GRANT PROGRAM
Sec. 7211. Short title.
Sec. 7212. Authorization of appropriations.
Sec. 7213. Highway safety programs.
Sec. 7214. Highway safety research and outreach programs.
Sec. 7215. National Highway Safety Advisory Committee technical correction.
Sec. 7216. Occupant protection grants.
Sec. 7217. Older driver safety; law enforcement training.
Sec. 7218. Emergency medical services.
Sec. 7219. Repeal of authority for alcohol traffic safety programs.
Sec. 7220. Impaired driving program.
Sec. 7221. State traffic safety information system improvements.
Sec. 7222. NHTSA accountability.
Sec. 7223. Grants for improving child passenger safety programs.
Sec. 7224. Motorcyclist safety training and motorist awareness programs.
CHAPTER 2—SPECIFIC VEHICLE SAFETY-RELATED RULINGS
Sec. 7251. Vehicle rollover prevention and crash mitigation.
Sec. 7252. Side-impact crash protection rulemaking.
Sec. 7253. Tire research.
Sec. 7254. Vehicle backover avoidance technology study.
Sec. 7255. Nontraffic incident data collection.
Sec. 7256. Safety belt use reminders.
Sec. 7257. Amendment of Automobile Information Disclosure Act.
Sec. 7258. Power window switches.
Sec. 7259. 15-passenger van safety.
Sec. 7260. Updated fuel economy labeling procedures.
Sec. 7261. Identification of certain alternative fueled vehicles.
Sec. 7262. Authorization of appropriations.
SUBTITLE C—HAZARDOUS MATERIALS
Sec. 7301. Short title.
CHAPTER 1—GENERAL AUTHORITIES ON TRANSPORTATION OF HAZARDOUS
MATERIALS
Sec. 7321. Purpose.
Sec. 7322. Definitions.
Sec. 7323. General regulatory authority.
Sec. 7324. Limitation on issuance of hazmat licenses.
Sec. 7325. Background checks for drivers hauling hazardous materials.
Sec. 7326. Representation and tampering.
Sec. 7327. Transporting certain material.
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Sec. 7328. Hazmat employee training requirements and grants.
Sec. 7329. Registration.
Sec. 7330. Shipping papers and disclosure.
Sec. 7331. Rail tank cars.
Sec. 7332. Unsatisfactory safety ratings.
Sec. 7333. Training curriculum for the public sector.
Sec. 7334. Planning and training grants; emergency preparedness fund.
Sec. 7335. Special permits and exclusions.
Sec. 7336. Uniform forms and procedures.
Sec. 7337. Hazardous materials transportation safety and security.
Sec. 7338. Enforcement.
Sec. 7339. Civil penalties.
Sec. 7340. Criminal penalties.
Sec. 7341. Preemption.
Sec. 7342. Relationship to other laws.
Sec. 7343. Judicial review.
Sec. 7344. Authorization of appropriations.
Sec. 7345. Additional civil and criminal penalties.
Sec. 7346. Technical corrections.
CHAPTER 2—OTHER MATTERS
Sec. 7361. Administrative authority for Pipeline and Hazardous Materials Safety
Administration.
Sec. 7362. Mailability of hazardous materials.
Sec. 7363. Criminal matters.
Sec. 7364. Cargo inspection program.
Sec. 7365. Information on hazmat registrations.
Sec. 7366. Report on applying hazardous materials regulations to persons who re-
ject hazardous materials.
Sec. 7367. National first responder transportation incident response system.
Sec. 7368. Hazardous material transportation plan requirement.
Sec. 7369. Welded rail and tank car safety improvements.
Sec. 7370. Hazardous materials cooperative research program.
CHAPTER 3—SANITARY FOOD TRANSPORTATION
Sec. 7381. Short title.
Sec. 7382. Responsibilities of the Secretary of Health and Human Services.
Sec. 7383. Department of Transportation requirements.
Sec. 7384. Effective date.
CHAPTER 4—HOUSEHOLD GOODS MOVERS
Sec. 7401. Short title.
Sec. 7402. Definitions; application of provisions.
Sec. 7403. Payment of rates.
Sec. 7404. Household goods carrier operations.
Sec. 7405. Liability of carriers under receipts and bills of lading.
Sec. 7406. Arbitration requirements.
Sec. 7407. Enforcement of regulations related to transportation of household
goods.
Sec. 7408. Working group for development of practices and procedures to enhance
Federal-State relations.
Sec. 7409. Information about household goods transportation on carriers’
websites.
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Sec. 7410. Consumer complaints.
Sec. 7411. Review of liability of carriers.
Sec. 7412. Civil penalties relating to household goods brokers.
Sec. 7413. Civil and criminal penalty for failing to give up possession of house-
hold goods.
Sec. 7414. Progress report.
Sec. 7415. Additional registration requirements for motor carriers of household
goods.
SUBTITLE E—SPORTFISHING AND RECREATIONAL BOATING SAFETY
Sec. 7501. Short title.
CHAPTER 1—FEDERAL AID IN SPORT FISH RESTORATION ACT AMENDMENTS
Sec. 7511. Amendment of Federal Aid in Sport Fish Restoration Act.
Sec. 7512. Authorization of appropriations.
Sec. 7513. Division of annual appropriations.
Sec. 7514. Maintenance of projects.
Sec. 7515. Boating infrastructure.
Sec. 7516. Requirements and restrictions concerning use of amounts for expenses
for administration.
Sec. 7517. Payments of funds to and cooperation with Puerto Rico, the District
of Columbia, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and the Virgin Islands.
Sec. 7518. Multistate conservation grant program.
Sec. 7519. Expenditures from boat safety account.
CHAPTER 2—CLEAN VESSEL ACT AMENDMENTS
Sec. 7531. Grant program.
CHAPTER 3—RECREATIONAL BOATING SAFETY PROGRAM AMENDMENTS
Sec. 7551. State matching funds requirement.
Sec. 7552. Availability of allocations.
Sec. 7553. Authorization of appropriations for State recreational boating safety
programs.
Sec. 7554. Maintenance of effort for State recreational boating safety programs.
SUBTITLE F—MISCELLANEOUS PROVISIONS
Sec. 7601. Office of intermodalism.
Sec. 7602. Capital grants for rail line relocation projects.
Sec. 7603. Rehabilitation and improvement financing.
Sec. 7604. Report regarding impact on public safety of train travel in commu-
nities without grade separation.
Sec. 7605. First responder vehicle safety program.
Sec. 7606. Federal school bus driver qualifications.
SEC. 2. GENERAL DEFINITIONS.
In this Act:
(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Transportation.
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(2) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Transportation.
SEC. 3. DEFINITIONS FOR TITLE 23.
Section 101 of title 23, United States Code, is amended
by striking subsection (a) and inserting the following:
‘‘(a) DEFINITIONS.—In this title:
‘‘(1) APPORTIONMENT.—The term ‘apportion-
ment’ includes an unexpended apportionment made
under a law enacted before the date of enactment of
the Safe, Accountable, Flexible, and Efficient Trans-
portation Equity Act of 2005.
‘‘(2) CARPOOL PROJECT.—
‘‘(A) IN
GENERAL.—The term ‘carpool
project’ means any project to encourage the use
of carpools and vanpools.
‘‘(B) 
INCLUSIONS.—The 
term 
‘carpool
project’ includes a project—
‘‘(i) to provide carpooling opportuni-
ties to the elderly and individuals with dis-
abilities;
‘‘(ii) to develop and implement a sys-
tem for locating potential riders and in-
forming the riders of carpool opportunities;
‘‘(iii) to acquire vehicles for carpool
use;
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‘‘(iv) to designate highway lanes as
preferential carpool highway lanes;
‘‘(v) to provide carpool-related traffic
control devices; and
‘‘(vi) to designate facilities for use for
preferential parking for carpools.
‘‘(3) CONSTRUCTION.—
‘‘(A) IN GENERAL.—The term ‘construction’
means the supervision, inspection, and actual
building of, and incurring of all costs incidental
to the construction or reconstruction of a high-
way, including bond costs and other costs relat-
ing to the issuance in accordance with section
122 of bonds or other debt financing instruments
and costs incurred by the State in performing
Federal-aid project related audits that directly
benefit the Federal-aid highway program.
‘‘(B) INCLUSIONS.—The term ‘construction’
includes—
‘‘(i) locating, surveying, and mapping
(including the establishment of temporary
and permanent geodetic markers in accord-
ance with specifications of the National
Oceanic and Atmospheric Administration);
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‘‘(ii) resurfacing, restoration, and re-
habilitation;
‘‘(iii) acquisition of rights-of-way;
‘‘(iv) relocation assistance, acquisition
of replacement housing sites, and acquisi-
tion and rehabilitation, relocation, and con-
struction of replacement housing;
‘‘(v) elimination of hazards of railway
grade crossings;
‘‘(vi) elimination of roadside obstacles;
‘‘(vii) improvements that directly fa-
cilitate and control traffic flow, such as—
‘‘(I) grade separation of intersec-
tions;
‘‘(II) widening of lanes;
‘‘(III) channelization of traffic;
‘‘(IV) traffic control systems; and
‘‘(V) passenger loading and un-
loading areas;
‘‘(viii) capital improvements that di-
rectly facilitate an effective vehicle weight
enforcement program, such as—
‘‘(I) scales (fixed and portable);
‘‘(II) scale pits;
‘‘(III) scale installation; and
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‘‘(IV) scale houses;
‘‘(ix) improvements directly relating to
securing transportation infrastructures for
detection, preparedness, response, and recov-
ery;
‘‘(x) operating costs relating to traffic
monitoring, management, and control;
‘‘(xi) operational improvements; and
‘‘(xii) transportation system manage-
ment and operations.
‘‘(4) COUNTY.—The term ‘county’ includes—
‘‘(A) a corresponding unit of government
under any other name in a State that does not
have county organizations; and
‘‘(B) in those States in which the county
government does not have jurisdiction over high-
ways, any local government unit vested with ju-
risdiction over local highways.
‘‘(5) FEDERAL-AID HIGHWAY.—
‘‘(A) IN GENERAL.—The term ‘Federal-aid
highway’ means a highway eligible for assistance
under this chapter.
‘‘(B) EXCLUSIONS.—The term ‘Federal-aid
highway’ does not include a highway classified
as a local road or rural minor collector.
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‘‘(6) FEDERAL-AID SYSTEM.—The term ‘Federal-
aid system’ means any of the Federal-aid highway
systems described in section 103.
‘‘(7) FEDERAL
LANDS
HIGHWAY.—The term
‘Federal lands highway’ means—
‘‘(A) a forest highway;
‘‘(B) a recreation road;
‘‘(C) a public Forest Service road;
‘‘(D) a park road;
‘‘(E) a parkway;
‘‘(F) a refuge road;
‘‘(G) an Indian reservation road; and
‘‘(H) a public lands highway.
‘‘(8) FOREST HIGHWAY.—The term ‘forest high-
way’ means a forest road that is—
‘‘(A) under the jurisdiction of, and main-
tained by, a public authority; and
‘‘(B) is open to public travel.
‘‘(9) FOREST ROAD OR TRAIL.—
‘‘(A) IN GENERAL.—The term ‘forest road or
trail’ means a road or trail wholly or partly
within, or adjacent to, and serving National
Forest System land that is necessary for the pro-
tection, administration, use, and development of
the resources of that land.
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‘‘(B) INCLUSIONS.—The term ‘forest road or
trail’ includes—
‘‘(i) a classified forest road;
‘‘(ii) an unclassified forest road;
‘‘(iii) a temporary forest road; and
‘‘(iv) a public forest service road.
‘‘(10) FREIGHT TRANSPORTATION GATEWAY.—
‘‘(A) IN GENERAL.—The term ‘freight trans-
portation gateway’ means a nationally or re-
gionally significant transportation port of entry
or hub for domestic and global trade or military
mobilization.
‘‘(B) INCLUSIONS.—The term ‘freight trans-
portation gateway’ includes freight intermodal
and Strategic Highway Network connections that
provide access to and from a port or hub de-
scribed in subparagraph (A).
‘‘(11) 
HIGHWAY.—The 
term 
‘highway’
includes—
‘‘(A) a road, street, and parkway;
‘‘(B) a right-of-way, bridge, railroad-high-
way crossing, tunnel, drainage structure, sign,
guardrail, and protective structure, in connec-
tion with a highway; and
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‘‘(C) a portion of any interstate or inter-
national bridge or tunnel (including the ap-
proaches to the interstate or international bridge
or tunnel, and such transportation facilities as
may be required by the United States Customs
Service and the Bureau of Citizenship and Im-
migration Services in connection with the oper-
ation of an international bridge or tunnel), the
cost of which is assumed by a State transpor-
tation department.
‘‘(12) 
HIGHWAY
SAFETY
IMPROVEMENT
PROJECT.—The term ‘highway safety improvement
project’ means a project that meets the requirements
of section 148.
‘‘(13) INDIAN RESERVATION ROAD.—
‘‘(A) IN GENERAL.—The term ‘Indian res-
ervation road’ means a public road that is lo-
cated within or provides access to an area de-
scribed in subparagraph (B) on which or in
which reside Indians or Alaskan Natives that, as
determined by the Secretary of the Interior, are
eligible for services generally available to Indians
under Federal laws specifically applicable to In-
dians.
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‘‘(B) AREAS.—The areas referred to in sub-
paragraph (A) are—
‘‘(i) an Indian reservation;
‘‘(ii) Indian trust land or restricted
Indian land that is not subject to fee title
alienation without the approval of the Fed-
eral Government; and
‘‘(iii) an Indian or Alaska Native vil-
lage, group, or community.
‘‘(14) INTERSTATE
SYSTEM.—The term ‘Inter-
state System’ means the Dwight D. Eisenhower Na-
tional System of Interstate and Defense Highways de-
scribed in section 103(c).
‘‘(15) MAINTENANCE.—
‘‘(A) IN GENERAL.—The term ‘maintenance’
means the preservation of a highway.
‘‘(B) INCLUSIONS.—The term ‘maintenance’
includes the preservation of—
‘‘(i) the surface, shoulders, roadsides,
and structures of a highway; and
‘‘(ii) such traffic-control devices as are
necessary for safe, secure, and efficient use
of a highway.
‘‘(16) MAINTENANCE AREA.—The term ‘mainte-
nance area’ means an area that was designated as a
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nonattainment area, but was later redesignated by the
Administrator of the Environmental Protection Agen-
cy as an attainment area, under section 107(d) of the
Clean Air Act (42 U.S.C. 7407(d)).
‘‘(17) NATIONAL
FOREST
SYSTEM
ROAD
OR
TRAIL.—The term ‘National Forest System road or
trail’ means a forest road or trail that is under the
jurisdiction of the Forest Service.
‘‘(18) NATIONAL HIGHWAY SYSTEM.—The term
‘National Highway System’ means the Federal-aid
highway system described in section 103(b).
‘‘(19) OPERATING
COSTS
FOR
TRAFFIC
MONI-
TORING, MANAGEMENT, AND CONTROL.—The term ‘op-
erating costs for traffic monitoring, management, and
control’ includes—
‘‘(A) labor costs;
‘‘(B) administrative costs;
‘‘(C) costs of utilities and rent;
‘‘(D) costs incurred by transportation agen-
cies for technology to monitor critical transpor-
tation infrastructure for security purposes; and
‘‘(E) other costs associated with transpor-
tation systems management and operations and
the continuous operation of traffic control, such
as—
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‘‘(i) an integrated traffic control sys-
tem;
‘‘(ii) an incident management pro-
gram; and
‘‘(iii) a traffic control center.
‘‘(20) OPERATIONAL IMPROVEMENT.—
‘‘(A) IN GENERAL.—The term ‘operational
improvement’ means—
‘‘(i) a capital improvement for instal-
lation or implementation of—
‘‘(I) 
a 
transportation 
system
management and operations program;
‘‘(II) traffic and transportation
security surveillance and control equip-
ment;
‘‘(III) a computerized signal sys-
tem;
‘‘(IV) a motorist information sys-
tem;
‘‘(V) an integrated traffic control
system;
‘‘(VI) an incident management
program;
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‘‘(VII) equipment and programs
for transportation response to man-
made and natural disasters; or
‘‘(VIII) a transportation demand
management facility, strategy, or pro-
gram; and
‘‘(ii) such other capital improvements
to a public road as the Secretary may des-
ignate by regulation.
‘‘(B) EXCLUSIONS.—The term ‘operational
improvement’ does not include—
‘‘(i) a resurfacing, restorative, or reha-
bilitative improvement;
‘‘(ii) construction of an additional
lane, interchange, or grade separation; or
‘‘(iii) construction of a new facility on
a new location.
‘‘(21) PARK ROAD.—The term ‘park road’ means
a public road (including a bridge built primarily for
pedestrian use, but with capacity for use by emer-
gency vehicles) that is located within, or provides ac-
cess to, an area in the National Park System with
title and maintenance responsibilities vested in the
United States.
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‘‘(22) PARKWAY.—The term ‘parkway’ means a
parkway authorized by an Act of Congress on land to
which title is vested in the United States.
‘‘(23) PROJECT.—The term ‘project’ means—
‘‘(A)(i) an undertaking to construct a par-
ticular portion of a highway; or
‘‘(ii) if the context so implies, a particular
portion of a highway so constructed; and
‘‘(B) any other undertaking eligible for as-
sistance under this title.
‘‘(24) PROJECT AGREEMENT.—The term ‘project
agreement’ means the formal instrument to be exe-
cuted by the Secretary and recipient of funds under
this title.
‘‘(25) PUBLIC AUTHORITY.—The term ‘public au-
thority’ means a Federal, State, county, town, or
township, Indian tribe, municipal or other local gov-
ernment or instrumentality with authority to finance,
build, operate, or maintain toll or toll-free facilities.
‘‘(26) PUBLIC FOREST SERVICE ROAD.—The term
‘public Forest Service road’ means a classified forest
road—
‘‘(A) that is open to public travel;
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‘‘(B) for which title and maintenance re-
sponsibility is vested in the Federal Government;
and
‘‘(C) that has been designated a public road
by the Forest Service.
‘‘(27) PUBLIC LANDS DEVELOPMENT ROADS AND
TRAILS.—The term ‘public lands development roads
and trails’ means roads and trails that the Secretary
of the Interior determines are of primary importance
for the development, protection, administration, and
use of public lands and resources under the control of
the Secretary of the Interior.
‘‘(28) PUBLIC LANDS HIGHWAY.—The term ‘pub-
lic lands highway’ means—
‘‘(A) a forest road that is—
‘‘(i) under the jurisdiction of, and
maintained by, a public authority; and
‘‘(ii) open to public travel; and
‘‘(B) any highway through unappropriated
or unreserved public land, nontaxable Indian
land, or any other Federal reservation (including
a main highway through such land or reserva-
tion that is on the Federal-aid system) that is—
‘‘(i) under the jurisdiction of, and
maintained by, a public authority; and