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(1) The National Highway System program 
under section 103(b) of title 23, United States Code. 
(2) The high priority projects program under 
section 117 of such title. 
(3) The Interstate maintenance program under 
section 119 of such title. 
(4) The surface transportation program under 
section 133 of such title. 
(5) Metropolitan planning under chapter 52 of 
title 49, United States Code. 
(6) The highway bridge replacement and reha-
bilitation program under section 144 of title 23, 
United States Code. 
(7) The congestion mitigation and air quality 
improvement program under section 149 of such 
title. 
(8) The recreational trails program under sec-
tion 206 of such title. 
(9) The Appalachian development highway sys-
tem under subtitle IV of title 40, United States 
Code. 
(10) The freight intermodal connectors program 
under section 1303 of this Act. 
(11) The coordinated border infrastructure pro-
gram under section 1302 of this Act.
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(12) The high risk rural road safety improve-
ment program under section 1403 of this Act. 
(13) The safe routes to schools program under 
section 1120 of this Act. 
(14) The minimum guarantee program under 
section 105 of title 23, United States Code. 
(c) CONSIDERATION OF COMMISSION FINDINGS.—In 
considering a law that increases the guaranteed rate of 
return referred to in subsection (a), Congress should con-
sider the findings of the report on alternative short-term 
sources of Highway Trust Fund revenue to be published 
by the National Commission on Future Revenue Sources 
to Support the Highway Trust Fund pursuant to section 
1121 of this Act. 
Subtitle B—Congestion Relief 
SEC. 1201. MOTOR VEHICLE CONGESTION RELIEF. 
(a) IN GENERAL.—Title 23, United States Code, is 
amended by inserting after section 138 the following: 
‘§ 139. Motor vehicle congestion relief 
‘(a) IN GENERAL.—Each State that has an urbanized 
area with an urbanized area population of over 200,000 
individuals shall obligate in each of fiscal years 2005 
through 2009 a portion of the State’s apportionments 
under section 104(b) in such fiscal year, as calculated
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under subsection (b), for congestion relief activities in 
such urbanized areas in accordance with this section. 
‘(b) CALCULATION OF AMOUNT.—The portion of a 
State’s apportionments for a fiscal year to be obligated 
for congestion relief activities under subsection (a) shall 
be determined by multiplying—
‘(1) the total of amounts apportioned to the 
State under each of paragraphs (1), (2), (3), and (4) 
of section 104(b) in such fiscal year; by 
‘(2) 10 percent; by 
‘(3) the percentage of the State’s population re-
siding in urbanized areas of the State with an ur-
banized area population of over 200,000 individuals. 
‘(c) ALLOCATION
BETWEEN
UNDER
ONE
AND 
UNDER THREE CONGESTION RELIEF ACTIVITIES.—Of 
the total amount of a State’s apportionments to be obli-
gated for congestion relief activities for a fiscal year as 
calculated under subsection (b)—
‘(1) 40 percent shall be obligated for under one 
congestion relief activities; 
‘(2) 35 percent shall be obligated for under 
three congestion relief activities; and 
‘(3) 25 percent shall be obligated at the discre-
tion of the State department of transportation for 1 
or more of the following:
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‘(A) Under one congestion relief activities. 
‘(B) Under three congestion relief activi-
ties. 
‘(C) Capital costs for transit projects that 
are eligible for assistance under chapter 53 of 
title 49. 
‘(D) Demand relief projects and activities 
that shift demand to non-peak hours or to other 
modes of transportation or that reduce the 
overall level of demand for roads through such 
means as telecommuting, ridesharing, alter-
native work hour programs, and value pricing. 
‘(d) OBLIGATION OF AMOUNTS.—
‘(1) IN GENERAL.—In complying with the re-
quirements of this section, the amounts obligated by 
a State for congestion relief activities under sub-
section (a) shall be allocated among the individual 
programs for which funds are apportioned under 
sections 
104(b)(1), 
104(b)(2), 
104(b)(3), 
and 
104(b)(4). 
‘(2) LIMITATION
ON
STATUTORY
CONSTRUC-
TION.—Nothing in this subsection shall be construed 
as requiring a State to obligate proportional or equal 
amounts 
under 
sections 
104(b)(1), 
104(b)(2),
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104(b)(3), and 104(b)(4) for any congestion relief 
activity under this section. 
‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed as altering or 
otherwise affecting the applicability of the requirements 
of this chapter (including requirements relating to the eli-
gibility of a project for assistance under the program, the 
location of the project, and the Federal-share payable on 
account of the project) to amounts apportioned to a State 
for a program under section 104(b) that are obligated by 
the State for congestion relief activities under subsection 
(a). 
‘(f) JOINT RESPONSIBILITY.—Each State, each af-
fected metropolitan planning organization, and the Sec-
retary shall jointly ensure compliance with this section. 
‘(g) TRANSFERS.—
‘(1) IN GENERAL.—A State may transfer a por-
tion of the amount that the State must obligate for 
under one congestion relief activities in a fiscal year 
under this section to the amount the State must ob-
ligate for under three congestion relief activities 
under this section if the State certifies to the Sec-
retary that there are no under one congestion relief 
activities for which such portion can be obligated in 
such fiscal year and the Secretary does not dis-
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approve such transfer within 30 days after the date 
of such certification. 
‘(2) LIMITATION.—The amount that a State 
may transfer in a fiscal year under this subsection 
may not reduce the amount the State must obligate 
for under one congestion relief activities to less than 
10 percent of the total amount of the State’s appor-
tionments to be obligated for congestion relief activi-
ties for such fiscal year as calculated under sub-
section (b). 
‘(3) TREATMENT.—Amounts transferred by a 
State under this subsection for a fiscal year shall be 
included in the amount of the State’s apportion-
ments allocated for under three congestion relief ac-
tivities for such fiscal year under subsection (c)(2). 
‘(h) DEFINITIONS.—In this section, the following 
definitions apply: 
‘(1) CONGESTION RELIEF ACTIVITIES.—
‘(A) IN GENERAL.—The term ‘‘congestion 
relief activity’’ means any activity, project, or 
program that has as its primary purpose, as de-
termined by the State transportation depart-
ment, the relief of motor vehicle congestion. 
‘(B) INCLUSIONS.—Such term includes the 
following:
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‘(i) Relief of motor vehicle congestion 
through additional capacity, construction 
of additional lanes, improvements to inter-
changes, improved access to major termi-
nals, construction of parallel roads, con-
struction of truck only lanes, and major 
arterial improvements. 
‘(ii) Transportation systemwide oper-
ational improvements targeted at increas-
ing motor vehicle travel reliability through 
such means as incident management pro-
grams, traffic monitoring and surveillance, 
and traveler information initiatives. 
‘(iii) Maximizing efficient use of exist-
ing motor vehicle travel capacity through 
such means as reversible lanes, coordinated 
traffic signalization, and managed lanes or 
other lane management strategies. 
‘(C) EXCLUSIONS.—Such term does not in-
clude demand relief projects and activities that 
shift demand to non-peak hours or to other 
modes of transportation or that reduce the 
overall level of demand for roads through such 
means as telecommuting, ridesharing, alter-
native work hour programs, and value pricing.
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‘(2) UNDER ONE CONGESTION RELIEF ACTIVI-
TIES.—The term ‘‘under one congestion relief activ-
ity’’ means a congestion relief activity that—
‘(A) will be completed within one year 
after the date of commencement of onsite im-
provements; 
‘(B) has a total projected cost of less than 
$1,000,000; and 
‘(C) will improve conditions in the applica-
ble urbanized area or is an element of the con-
gestion management system of the applicable 
metropolitan planning organization. 
‘(3) UNDER THREE CONGESTION RELIEF AC-
TIVITIES.—The term ‘‘under three congestion relief 
activities’’ means congestion relief activities that—
‘(A) will be completed within 3 years after 
the date of commencement of onsite improve-
ments; and 
‘(B) will improve conditions in the applica-
ble urbanized area or is an element of the con-
gestion management system of the applicable 
metropolitan planning organization.’. 
(b) CONFORMING AMENDMENT.—The analysis for 
chapter I of such title is amended by inserting after the 
item relating to section 138 the following:
‘139. Motor vehicle congestion relief.’.
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(c) MOTOR VEHICLE DEFINED.—Title 23, United 
States Code, is amended—
(1) in section 154(a)(2), relating to the defini-
tion of motor vehicle, by inserting ‘streets, roads, 
and’ before ‘highways’; 
(2) by redesignating paragraph (2) of section 
154(a) as paragraph (38); 
(3) by moving such redesignated paragraph 
from section 154(a) to the end of section 101(a); 
(4) by redesignating paragraphs (3) and (4) of 
section 154(a) as paragraphs (2) and (3), respec-
tively; 
(5) in section 153(i)—
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3) and 
(4) as paragraphs (2) and (3), respectively; 
(6) in section 164(a)(4) by striking ‘means’ and 
all that follows through ‘rail line or’ and inserting 
‘does not include’; and 
(7) in section 405(f)—
(A) by striking paragraph (2); and 
(B) by redesignating paragraphs (3), (4), 
(5), and (6) as paragraphs (2), (3), (4), and 
(5).
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SEC. 1202. TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS. 
(a) DEFINITIONS.—
(1) OPERATING
COSTS
FOR
TRAFFIC
MONI-
TORING, 
MANAGEMENT, 
AND
CONTROL.—Section 
101(a)(17) of title 23, United States Code, is 
amended by inserting ‘transportation systems man-
agement and operations and’ after ‘associated with’. 
(2) 
OPERATIONAL
IMPROVEMENT.—Section 
101(a)(18)(A)(i) of such title is amended—
(A) by inserting ‘transportation systems 
management and operations, including’ after 
‘for’; and 
(B) by inserting ‘equipment and programs 
for transportation response to natural disas-
ters,’ after ‘incident management programs,’. 
(3) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—Section 101(a) of such title is 
further amended by adding at the end the following: 
‘(39) TRANSPORTATION SYSTEMS MANAGEMENT 
AND OPERATIONS.—
‘(A) IN GENERAL.—The term ‘‘transpor-
tation systems management and operations’’ 
means an integrated program to optimize the 
performance of existing infrastructure through 
the implementation of multimodal and inter-
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modal, cross-jurisdictional systems, services, 
and projects designed to preserve capacity and 
improve the security, safety, and reliability of 
Federal-aid highways. 
‘(B) INCLUDED ACTIVITIES AND IMPROVE-
MENTS.—The term includes regional operations 
collaboration and coordination activities be-
tween transportation and public safety agencies 
and improvements such as traffic detection and 
surveillance, 
arterial 
management, 
freeway 
management, demand management, work zone 
management, emergency management, elec-
tronic toll collection, automated enforcement, 
traffic operations measures to improve capacity, 
traffic signal coordination, optimization of traf-
fic signal timing, traffic incident management, 
roadway weather management, traveler infor-
mation services, commercial vehicle operations, 
traffic control, freight management, and coordi-
nation of highway, rail, transit, bicycle, and pe-
destrian operations.’. 
(b) SURFACE TRANSPORTATION PROGRAM ELIGI-
BILITY.—Section 133(b) of such title is amended—
(1) by redesignating paragraphs (13) and (14) 
as paragraphs (12) and (13), respectively; and
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(2) by adding at the end the following: 
‘(14) Regional transportation operations col-
laboration and coordination activities that are asso-
ciated with regional improvements, including activi-
ties for traffic incident management, technology de-
ployment, emergency management and response, 
traveler information, and regional congestion relief.’. 
(c) NATIONAL HIGHWAY SYSTEM ELIGIBILITY.—
Section 103(b)(6) of such title is amended by adding at 
the end the following: 
‘(Q) Capital, operating, and systems main-
tenance costs for transportation systems man-
agement and operations.’. 
(d) TRANSPORTATION SYSTEMS MANAGEMENT AND 
OPERATIONS.—Subchapter I of chapter 1 of such title is 
further amended by adding at the end the following: 
‘§ 166. Transportation systems management and oper-
ations 
‘(a) AUTHORITY.—The Secretary may—
‘(1) encourage transportation system managers, 
operators, public safety officials, and transportation 
planners within an urbanized area, who are actively 
engaged in and responsible for conducting activities 
relating to day-to-day management, operations, pub-
lic safety, and planning of transportation facilities
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and services, to collaborate and coordinate on a re-
gional level in a continuous and sustained manner 
for improved transportation systems management 
and operations, including, at a minimum—
‘(A) developing a regional concept of oper-
ations that defines a regional strategy shared 
by all transportation and public safety partici-
pants for how the region’s systems should be 
managed, operated, and measured; 
‘(B) sharing of information among opera-
tors, service providers, public safety officials, 
and the general public; and 
‘(C) guiding, in a regionally-coordinated 
manner, the implementation of regional trans-
portation system management and operations 
initiatives, including emergency evacuation and 
response, traffic incident management, tech-
nology deployment, and traveler information 
systems delivery, in a manner consistent with 
and integrated into the ongoing metropolitan 
and statewide transportation planning processes 
and regional intelligent transportation system 
architecture, if required; and 
‘(2) encourage States to establish a system of 
basic real-time monitoring capability for the surface
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transportation system and provide the capability and 
means to share that data among agencies (including 
highway, transit, and public safety agencies), juris-
dictions (including States, cities, counties, and areas 
represented by metropolitan planning organizations), 
private-sector entities, and the traveling public. 
‘(b) EXECUTION.—To support the successful execu-
tion of transportation systems management and oper-
ations activities, the Secretary may undertake the fol-
lowing activities: 
‘(1) Assist and cooperate with other Federal de-
partments and agencies, State and local govern-
ments, metropolitan planning organizations, private 
industry representatives, and other interested parties 
to improve regional collaboration and real-time infor-
mation sharing between transportation system man-
agers and operators, public safety officials, emer-
gency managers, and the general public to increase 
the security, safety, and reliability of Federal-aid 
highways. 
‘(2) Issue, if necessary, new guidance or regula-
tions for the procurement of transportation system 
management and operations facilities, equipment, 
and services, including equipment procured in prepa-
ration for natural disasters and emergencies, system
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hardware, software, and software integration serv-
ices.’. 
(e) CONFORMING AMENDMENT.—The analysis for 
such chapter is further amended by adding at the end the 
following:
‘166. Transportation systems management and operations.’.
(f) INTELLIGENT TRANSPORTATION SYSTEM PRO-
CUREMENT POLICY.—
(1) STUDY.—The Secretary shall—
(A) conduct a study of the current policies 
and practices for the procurement of intelligent 
transportation system facilities, equipment, and 
services; and 
(B) develop a conceptual plan with alter-
native approaches for expediting and stream-
lining such procurements at the State level. 
(2) RECOMMENDATIONS.—Based on the results 
of the study, the Secretary shall make recommenda-
tions in the report under paragraph (4) regarding 
procurement standards, including recommendations 
regarding any changes in Federal and State stat-
utes, regulations, and policies necessary to ensure 
that national interests are served in meeting future 
intelligent transportation system needs.
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(3) SPECIFIC MATTERS TO BE ADDRESSED.—
The study under this subsection shall specifically ad-
dress the following: 
(A) CURRENT
CONDITION.—The current 
practices and policies relating to procurement of 
intelligent 
transportation 
system 
facilities, 
equipment, and services, including equipment 
procured in preparation for natural disasters 
and emergencies, system hardware, software, 
and software integration services. 
(B) ASSESSMENT
OF
NEED
FOR
POLICY 
REFORM.—The ability of current practices and 
policies to achieve the successful implementa-
tion of intelligent transportation system goals 
and the need for national policy reform to expe-
dite and streamline procurements necessary to 
meet such goals. 
(C) ALTERNATIVES.—The range of legisla-
tive, regulatory, and policy alternatives to ad-
dress identified needs and goals, including fund-
ing needs. 
(D) 
RECOMMENDATIONS.—Recommenda-
tions regarding procurement standards, includ-
ing recommendations regarding any changes in 
Federal and State statutes, regulations, and