H. R. 3—399
(C) conduct field tests to assess the safety benefits 
and mobility impacts of different driver licensing strategies 
and driver assessment and rehabilitation methods; 
(D) assess the value and improve the safety potential 
of driver retraining courses of particular benefit to older 
drivers; and 
(E) conduct other activities to accomplish the objectives 
of this section. 
(3) FORMULATION
OF
PLAN.—After consultation with 
affected parties, the Secretary shall formulate an older driver 
traffic safety plan to guide the design and implementation 
of the program. 
(4) SUBMISION OF PLAN TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Secretary 
shall submit the plan to the Committee on Transportation 
and Infrastructure House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the Senate. 
(b) LAW ENFORCEMENT TRAINING.—
(1) REQUIREMENT FOR PROGRAM.—The Secretary shall carry 
out a program to provide guidance and support to law enforce-
ment agencies in police chase techniques that are consistent 
with the police chase guidelines issued by the International 
Association of Chiefs of Police. 
(2) AMOUNT FOR PROGRAM.—Of the funds made available 
to carry out section 403 of title 23, United States Code, the 
Secretary shall allocate $500,000 in each of fiscal years 2006 
through 2009 to carry out this subsection. 
SEC. 2018. SAFE INTERSECTIONS. 
(a) IN GENERAL.—Chapter 2 of title 18, United States Code, 
is amended by adding at the end the following: 
‘‘§ 39. Traffic signal preemption transmitters 
‘‘(a) OFFENSES.—
‘‘(1) SALE.—Whoever, in or affecting interstate or foreign 
commerce, knowingly sells a traffic signal preemption trans-
mitter to a nonqualifying user shall be fined under this title, 
or imprisoned not more than 1 year, or both. 
‘‘(2) USE.—Whoever, in or affecting interstate or foreign 
commerce, being a nonqualifying user makes unauthorized use 
of a traffic signal preemption transmitter shall be fined under 
this title, or imprisoned not more than 6 months, or both. 
‘‘(b) DEFINITIONS.—In this section, the following definitions 
apply: 
‘‘(1) TRAFFIC SIGNAL PREEMPTION TRANSMITTER.—The term 
‘traffic signal preemption transmitter’ means any mechanism 
that can change or alter a traffic signal’s phase time or 
sequence. 
‘‘(2) NONQUALIFYING USER.—The term ‘nonqualifying user’ 
means a person who uses a traffic signal preemption trans-
mitter and is not acting on behalf of a public agency or private 
corporation authorized by law to provide fire protection, law 
enforcement, emergency medical services, transit services, 
maintenance, or other services for a Federal, State, or local 
government entity, but does not include a person using a traffic 
signal preemption transmitter for classroom or instructional 
purposes.’’.
H. R. 3—400
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by adding at the end the following:
‘‘39. Traffic signal preemption transmitters.’’.
SEC. 2019. NATIONAL HIGHWAY SAFETY ADVISORY COMMITTEE TECH-
NICAL CORRECTION. 
Section 404(d) of title 23, United States Code, is amended 
by striking ‘‘Commerce’’ and inserting ‘‘Transportation’’. 
SEC. 2020. PRESIDENTIAL COMMISSION ON ALCOHOL-IMPAIRED 
DRIVING. 
(a) FINDINGS.—Congress finds that—
(1) there has been considerable progress over the past 
25 years in reducing the number and rate of alcohol-related 
highway facilities; 
(2) the National Highway Traffic Safety Administration 
projects that fatalities in alcohol-related crashes declined in 
2003 for the 2nd year in a row; 
(3) in spite of this progress, an estimated 17,013 Americans 
died in 2003, in alcohol-related crashes; 
(4) these fatalities comprise 40 percent of the annual total 
highway fatalities; 
(5) about 250,000 are injured each year in alcohol-related 
crashes; 
(6) the past 2 years of decreasing alcohol-related fatalities 
follows a 3-year increase; 
(7) alcohol-impaired driving is the Nation’s most frequently 
committed violent crime; 
(8) the annual cost of alcohol-related crashes is over 
$100,000,000,000, 
including 
$9,000,000,000 
in 
costs 
to 
employers; 
(9) a Presidential Commission on Alcohol Impaired Driving 
in 1982 and 1983 helped to lead to substantial progress on 
this issue; and 
(10) these facts point to the need to renew the national 
commitment to preventing these deaths and injuries. 
(b) SENSE OF THE CONGRESS.—It is the sense of Congress that, 
in an effort to further change the culture of alcohol-impaired driving 
on our Nation’s highways, the President should consider estab-
lishing a Presidential Commission on Alcohol-Impaired Driving—
(1) comprised of representatives of—
(A) State and local governments, including State legis-
lators; 
(B) law enforcement; 
(C) traffic safety experts, including researchers; 
(D) victims of alcohol-related crashes; 
(E) affected industries, including the alcohol, insur-
ance, motorcycle, and auto industries; 
(F) the business community; 
(G) labor; 
(H) the medical community; 
(I) public health; and 
(J) Members of Congress; and 
(2) that not later than September 30, 2006, would—
(A) conduct a full examination of alcohol-impaired 
driving issues; and
H. R. 3—401
(B) make recommendations for a broad range of policy 
and program changes that would serve to further reduce 
the level of deaths and injuries caused by alcohol impaired 
driving. 
SEC. 2021. SENSE OF THE CONGRESS IN SUPPORT OF INCREASED 
PUBLIC AWARENESS OF BLOOD ALCOHOL CONCENTRA-
TION LEVELS AND DANGERS OF ALCOHOL-IMPAIRED 
DRIVING. 
(a) FINDINGS.—Congress finds that—
(1) in 2003—
(A) 17,013 Americans died in alcohol-related traffic 
crashes; 
(B) 40 percent of the persons killed in traffic crashes 
died in alcohol-related crashes; and 
(C) drivers with blood alcohol concentration levels over 
0.15 were involved in 58 percent of alcohol-related traffic 
fatalities; 
(2) research shows that 77 percent of Americans think 
they have received enough information about alcohol-impaired 
driving and the way in which alcohol affects individual blood 
alcohol levels; and 
(3) only 28 percent of the American public can correctly 
identify the legal limit of blood alcohol concentration of the 
State in which they reside. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the National Highway Traffic Safety Administration should work 
with State and local governments and independent organizations 
to increase public awareness of—
(1) State legal limits on blood alcohol concentration levels; 
and 
(2) the dangers of alcohol-impaired driving. 
SEC. 2022. EFFECTIVE DATE. 
Sections 2002 through 2007 of this title (and the amendments 
and repeals made by such sections) shall take effect October 1, 
2005.
TITLE III—PUBLIC TRANSPORTATION 
SEC. 3001. SHORT TITLE. 
This title may be cited as the ‘‘Federal Public Transportation 
Act of 2005’’. 
SEC. 3002. AMENDMENTS TO TITLE 49, UNITED STATES CODE; UPDATED 
TERMINOLOGY. 
(a) AMENDMENTS TO TITLE 49.—Except as otherwise specifically 
provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section 
or other provision of law, the reference shall be considered to 
be made to a section or other provision of title 49, United States 
Code. 
(b) UPDATED TERMINOLOGY.—Chapter 53 is amended—
(1) in the chapter heading by striking ‘‘MASS’’ and 
inserting ‘‘PUBLIC’’; 
(2) in section 5310(h) by striking ‘‘Mass’’ and inserting 
‘‘Public’’;
H. R. 3—402
(3) in the subsection heading for section 5331(b) by striking 
‘‘MASS’’ and inserting ‘‘PUBLIC’’; and 
(4) by striking ‘‘mass’’ each place the term appears before 
‘‘transportation’’ and inserting ‘‘public’’, except in sections 
5301(f), 5302(a)(7), 5315, and 5323(a)(1). 
(c) TABLE OF CHAPTERS.—The table of chapters for subtitle 
III is amended in the item relating to chapter 53 by striking 
‘‘Mass’’ and inserting ‘‘Public’’. 
SEC. 3003. POLICIES, FINDINGS, AND PURPOSES. 
(a) IN GENERAL.—Section 5301(a) is amended to read as follows: 
‘‘(a) DEVELOPMENT AND REVITALIZATION OF PUBLIC TRANSPOR-
TATION SYSTEMS.—It is in the interest of the United States, 
including its economic interest, to foster the development and 
revitalization of public transportation systems that—
‘‘(1) maximize the safe, secure, and efficient mobility of 
individuals; 
‘‘(2) minimize environmental impacts; and 
‘‘(3) minimize transportation-related fuel consumption and 
reliance on foreign oil.’’. 
(b) GENERAL FINDINGS.—Section 5301(b)(1) is amended—
(1) by striking ‘‘70 percent’’ and inserting ‘‘two-thirds’’; 
and 
(2) by striking ‘‘urban areas’’ and inserting ‘‘urbanized 
areas’’. 
(c) 
PRESERVING
THE
ENVIRONMENT.—Section 
5301(e) 
is 
amended—
(1) by striking ‘‘an urban’’ and inserting ‘‘a’’; and 
(2) by striking ‘‘under sections 5309 and 5310 of this title’’. 
(d) GENERAL PURPOSES.—Section 5301(f) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘mass’’ the first place it appears and 
inserting ‘‘public’’; and 
(B) by striking ‘‘public and private mass transportation 
companies’’ and inserting ‘‘both public transportation 
companies and private companies engaged in public 
transportation’’; 
(2) in paragraph (2)—
(A) by striking ‘‘urban mass’’ and inserting ‘‘public’’; 
and 
(B) by striking ‘‘public and private mass transportation 
companies’’ and inserting ‘‘both public transportation 
companies and private companies engaged in public 
transportation’’; 
(3) in paragraph (3)—
(A) by striking ‘‘urban mass’’ and inserting ‘‘public’’; 
and 
(B) by striking ‘‘public or private mass transportation 
companies’’ and inserting ‘‘public transportation companies 
or private companies engaged in public transportation’’; 
and 
(4) in paragraph (5) by striking ‘‘urban mass’’ and inserting 
‘‘public’’. 
SEC. 3004. DEFINITIONS. 
(a) LEAD-IN.—Section 5302(a) is amended in the matter pre-
ceding paragraph (1) by striking ‘‘In this chapter’’ and inserting 
‘‘Except as otherwise specifically provided, in this chapter’’.
H. R. 3—403
(b) CAPITAL PROJECT.—Section 5302(a)(1) is amended—
(1) in subparagraph (G) by inserting ‘‘construction, renova-
tion, and improvement of intercity bus and intercity rail sta-
tions and terminals,’’ before ‘‘and the renovation and improve-
ment of historic transportation facilities,’’; 
(2) in subparagraph (G)(ii) by inserting ‘‘(other than an 
intercity bus station or terminal)’’ after ‘‘commercial revenue-
producing facility’’; 
(3) in subparagraph (H) by striking ‘‘or’’ at the end; 
(4) in subparagraph (I) by striking the period at the end 
and inserting a semicolon; and 
(5) by adding at the end the following: 
‘‘(J) crime prevention and security—
‘‘(i) including—
‘‘(I) projects to refine and develop security and 
emergency response plans; 
‘‘(II) projects aimed at detecting chemical and 
biological agents in public transportation; 
‘‘(III) the conduct of emergency response drills 
with public transportation agencies and local first 
response agencies; and 
‘‘(IV) security training for public transpor-
tation employees; but 
‘‘(ii) excluding all expenses related to operations, 
other than such expenses incurred in conducting activi-
ties described in clauses (i)(III) and (i)(IV); 
‘‘(K) establishing a debt service reserve, made up 
of deposits with a bondholder’s trustee, to ensure the 
timely payment of principal and interest on bonds 
issued by a grant recipient to finance an eligible project 
under this chapter; or 
‘‘(L) mobility management—
‘‘(i) consisting of short-range planning and manage-
ment activities and projects for improving coordination 
among public transportation and other transportation 
service providers carried out by a recipient or sub-
recipient through an agreement entered into with a 
person, including a governmental entity, under this 
chapter (other than section 5309); but 
‘‘(ii) excluding operating public transportation serv-
ices.’’. 
(c) INDIVIDUAL
WITH
A
DISABILITY.—Section 5302(a)(5) is 
amended—
(1) in the paragraph heading by striking ‘‘HANDICAPPED 
INDIVIDUAL’’ and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; and 
(2) by striking ‘‘handicapped individual’’ and inserting 
‘‘individual with a disability’’. 
(d) MASS TRANSPORTATION.—Section 5302(a)(7) is amended to 
read as follows: 
‘‘(7) MASS
TRANSPORTATION.—The term ‘mass transpor-
tation’ means public transportation.’’. 
(e) PUBLIC TRANSPORTATION.—Section 5302(a)(10) is amended 
to read as follows: 
‘‘(10) PUBLIC TRANSPORTATION.—The term ‘public transpor-
tation’ means transportation by a conveyance that provides 
regular and continuing general or special transportation to 
the public, but does not include schoolbus, charter, or intercity
H. R. 3—404
bus transportation or intercity passenger rail transportation 
provided by the entity described in chapter 243 (or a successor 
to such entity).’’. 
(f) URBANIZED AREA.—Section 5302(a)(17) is amended to read 
as follows: 
‘‘(17) URBANIZED AREA.—The term ‘urbanized area’ means 
an area encompassing a population of not less than 50,000 
people that has been defined and designated in the most recent 
decennial census as an ‘urbanized area’ by the Secretary of 
Commerce.’’. 
(g) AUTHORITY
TO MODIFY DEFINITION.—Section 5302(b) is 
amended—
(1) in the subsection heading by striking ‘‘HANDICAPPED 
INDIVIDUAL’’ and inserting ‘‘INDIVIDUAL WITH A DISABILITY’’; 
and 
(2) by striking ‘‘handicapped individual’’ and inserting 
‘‘individual with a disability’’. 
SEC. 3005. METROPOLITAN TRANSPORTATION PLANNING. 
(a) IN GENERAL.—Section 5303 is amended to read as follows: 
‘‘§ 5303. Metropolitan transportation planning 
‘‘(a) POLICY.—It is in the national interest to—
‘‘(1) encourage and promote the safe and efficient manage-
ment, operation, and development of surface transportation 
systems that will serve the mobility needs of people and freight 
and foster economic growth and development within and 
between States and urbanized areas, while minimizing 
transportation-related fuel consumption and air pollution 
through metropolitan and statewide transportation planning 
processes identified in this chapter; and 
‘‘(2) encourage the continued improvement and evolution 
of the metropolitan and statewide transportation planning proc-
esses by metropolitan planning organizations, State depart-
ments of transportation, and public transit operators as guided 
by the planning factors identified in subsection (h) and section 
5304(d). 
‘‘(b) DEFINITIONS.—In this section and section 5304, the fol-
lowing definitions apply: 
‘‘(1) METROPOLITAN PLANNING AREA.—The term ‘metropoli-
tan planning area’ means the geographic area determined by 
agreement between the metropolitan planning organization for 
the area and the Governor under subsection (e). 
‘‘(2) METROPOLITAN
PLANNING
ORGANIZATION.—The term 
‘metropolitan planning organization’ means the policy board 
of an organization created as a result of the designation process 
in subsection (d). 
‘‘(3) NONMETROPOLITAN AREA.—The term ‘nonmetropolitan 
area’ means a geographic area outside a designated metropoli-
tan planning area. 
‘‘(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘non-
metropolitan local official’ means elected and appointed officials 
of general purpose local government in a nonmetropolitan area 
with responsibility for transportation. 
‘‘(5) TIP.—The term ‘TIP’ means a transportation improve-
ment program developed by a metropolitan planning organiza-
tion under subsection (j).
H. R. 3—405
‘‘(6) URBANIZED AREA.—The term ‘urbanized area’ means 
a geographic area with a population of 50,000 or more, as 
designated by the Bureau of the Census. 
‘‘(c) GENERAL REQUIREMENTS.—
‘‘(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To 
accomplish the objectives in subsection (a), metropolitan plan-
ning organizations designated under subsection (d), in coopera-
tion with the State and public transportation operators, shall 
develop long-range transportation plans and transportation 
improvement programs for metropolitan planning areas of the 
State. 
‘‘(2) CONTENTS.—The plans and TIPs for each metropolitan 
area shall provide for the development and integrated manage-
ment and operation of transportation systems and facilities 
(including accessible pedestrian walkways and bicycle transpor-
tation facilities) that will function as an intermodal transpor-
tation system for the metropolitan planning area and as an 
integral part of an intermodal transportation system for the 
State and the United States. 
‘‘(3) PROCESS OF DEVELOPMENT.—The process for developing 
the plans and TIPs shall provide for consideration of all modes 
of transportation and shall be continuing, cooperative, and com-
prehensive to the degree appropriate, based on the complexity 
of the transportation problems to be addressed. 
‘‘(d) DESIGNATION
OF
METROPOLITAN
PLANNING
ORGANIZA-
TIONS.—
‘‘(1) IN GENERAL.—To carry out the transportation planning 
process required by this section, a metropolitan planning 
organization shall be designated for each urbanized area with 
a population of more than 50,000 individuals—
‘‘(A) by agreement between the Governor and units 
of general purpose local government that together represent 
at least 75 percent of the affected population (including 
the largest incorporated city (based on population) as 
named by the Bureau of the Census); or 
‘‘(B) in accordance with procedures established by 
applicable State or local law. 
‘‘(2) STRUCTURE.—Each metropolitan planning organization 
that serves an area designated as a transportation management 
area, when designated or redesignated under this subsection, 
shall consist of—
‘‘(A) local elected officials; 
‘‘(B) officials of public agencies that administer or 
operate major modes of transportation in the metropolitan 
area; and 
‘‘(C) appropriate State officials. 
‘‘(3) LIMITATION
ON
STATUTORY
CONSTRUCTION.—Nothing 
in this subsection shall be construed to interfere with the 
authority, under any State law in effect on December 18, 1991, 
of a public agency with multimodal transportation responsibil-
ities to—
‘‘(A) develop the plans and TIPs for adoption by a 
metropolitan planning organization; and 
‘‘(B) develop long-range capital plans, coordinate 
transit services and projects, and carry out other activities 
pursuant to State law.
H. R. 3—406
‘‘(4) CONTINUING DESIGNATION.—A designation of a metro-
politan planning organization under this subsection or any 
other provision of law shall remain in effect until the metropoli-
tan planning organization is redesignated under paragraph (5). 
‘‘(5) REDESIGNATION
PROCEDURES.—A metropolitan plan-
ning organization may be redesignated by agreement between 
the Governor and units of general purpose local government 
that together represent at least 75 percent of the existing 
planning area population (including the largest incorporated 
city (based on population) as named by the Bureau of the 
Census) as appropriate to carry out this section. 
‘‘(6) DESIGNATION OF MORE THAN ONE METROPOLITAN PLAN-
NING
ORGANIZATION.—More than one metropolitan planning 
organization may be designated within an existing metropolitan 
planning area only if the Governor and the existing metropoli-
tan planning organization determine that the size and com-
plexity of the existing metropolitan planning area make des-
ignation of more than one metropolitan planning organization 
for the area appropriate. 
‘‘(e) METROPOLITAN PLANNING AREA BOUNDARIES.—
‘‘(1) IN GENERAL.—For the purposes of this section, the 
boundaries of a metropolitan planning area shall be determined 
by agreement between the metropolitan planning organization 
and the Governor. 
‘‘(2) INCLUDED AREA.—Each metropolitan planning area—
‘‘(A) shall encompass at least the existing urbanized 
area and the contiguous area expected to become urbanized 
within a 20-year forecast period for the transportation plan; 
and 
‘‘(B) may encompass the entire metropolitan statistical 
area or consolidated metropolitan statistical area, as 
defined by the Bureau of the Census. 
‘‘(3) IDENTIFICATION
OF
NEW
URBANIZED
AREAS
WITHIN 
EXISTING PLANNING AREA BOUNDARIES.—The designation by the 
Bureau of the Census of new urbanized areas within an existing 
metropolitan planning area shall not require the redesignation 
of the existing metropolitan planning organization. 
‘‘(4) EXISTING
METROPOLITAN
PLANNING
AREAS
IN
NON-
ATTAINMENT.—Notwithstanding paragraph (2), in the case of 
an urbanized area designated as a nonattainment area for 
ozone or carbon monoxide under the Clean Air Act (42 U.S.C. 
7401 et seq.) as of the date of enactment of the Federal Public 
Transportation Act of 2005, the boundaries of the metropolitan 
planning area in existence as of such date of enactment shall 
be retained; except that the boundaries may be adjusted by 
agreement of the Governor and affected metropolitan planning 
organizations in the manner described in subsection (d)(5). 
‘‘(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAIN-
MENT.—In the case of an urbanized area designated after the 
date of enactment of the Federal Public Transportation Act 
of 2005 as a nonattainment area for ozone or carbon monoxide, 
the boundaries of the metropolitan planning area—
‘‘(A) shall be established in the manner described in 
subsection (d)(1); 
‘‘(B) shall encompass the areas described in paragraph 
(2)(A);
H. R. 3—407
‘‘(C) may encompass the areas described in paragraph 
(2)(B); and 
‘‘(D) may address any nonattainment area identified 
under the Clean Air Act for ozone or carbon monoxide. 
‘‘(f) COORDINATION IN MULTISTATE AREAS.—
‘‘(1) IN GENERAL.—The Secretary shall encourage each Gov-
ernor with responsibility for a portion of a multistate metropoli-
tan area and the appropriate metropolitan planning organiza-
tions to provide coordinated transportation planning for the 
entire metropolitan area. 
‘‘(2) INTERSTATE COMPACTS.—The consent of Congress is 
granted to any two or more States—
‘‘(A) to enter into agreements or compacts, not in con-
flict with any law of the United States, for cooperative 
efforts and mutual assistance in support of activities 
authorized under this section as the activities pertain to 
interstate areas and localities within the States; and 
‘‘(B) to establish such agencies, joint or otherwise, as 
the States may determine desirable for making the agree-
ments and compacts effective. 
‘‘(3) LAKE TAHOE REGION.—
‘‘(A) DEFINITION.—In this paragraph, the term ‘Lake 
Tahoe region’ has the meaning given the term ‘region’ 
in subdivision (a) of article II of the Tahoe Regional Plan-
ning Compact, as set forth in the first section of Public 
Law 96–551 (94 Stat. 3234). 
‘‘(B) TRANSPORTATION
PLANNING
PROCESS.—The Sec-
retary shall—
‘‘(i) establish with the Federal land management 
agencies that have jurisdiction over land in the Lake 
Tahoe region a transportation planning process for the 
region; and 
‘‘(ii) coordinate the transportation planning process 
with the planning process required of State and local 
governments under this section and section 5304. 
‘‘(C) INTERSTATE COMPACT.—
‘‘(i) IN GENERAL.—Subject to clause (ii), and not-
withstanding subsection (b), to carry out the transpor-
tation planning process required by this section, the 
consent of Congress is granted to the States of Cali-
fornia and Nevada to designate a metropolitan plan-
ning organization for the Lake Tahoe region, by agree-
ment between the Governors of the States of California 
and Nevada and units of general purpose local govern-
ment that together represent at least 75 percent of 
the affected population (including the central city or 
cities (as defined by the Bureau of the Census)), or 
in 
accordance 
with 
procedures 
established 
by 
applicable State or local law. 
‘‘(ii) INVOLVEMENT OF FEDERAL LAND MANAGEMENT 
AGENCIES.—
‘‘(I) REPRESENTATION.—The policy board of a 
metropolitan planning organization designated 
under clause (i) shall include a representative of 
each Federal land management agency that has 
jurisdiction over land in the Lake Tahoe region.