109
shall include funding needs and potential approaches
to provide those funds.
(6) MEMBERSHIP.—
(A) COMPOSITION.—The Commission shall
be composed of nine members of whom—
(i) three members shall be appointed
by the Secretary;
(ii) two members shall be appointed
by the Speaker of the House of Represent-
atives;
(iii) one member shall be appointed by
the minority leader of the House of Rep-
resentatives;
(iv) two members shall be appointed
by the majority leader of the Senate; and
(v) one member shall be appointed by
the minority leader of the Senate.
(B) 
QUALIFICATIONS.—Members 
ap-
pointed under subparagraph (A) shall be ap-
pointed from among individuals that have a
concern for maintaining a strong role for the
Interstate System in the future of the Nation
and may include representatives from Federal,
State, and local governments, other transpor-
tation authorities or agencies, and organizations
110
representing surface transportation owners and
operators.
(C) TERMS.—Members shall be appointed
for the life of the Commission.
(D) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which
the original appointment was made.
(E) TRAVEL
EXPENSES.—Member shall
serve without pay but shall receive travel ex-
penses, including per diem in lieu of subsist-
ence, in accordance with sections 5702 and
5703 of title 5, United States Code.
(F) CHAIRMAN.—The Chairman of the
Commission shall be elected by the members.
(7) STAFF.—
(A) IN GENERAL.—The Commission may
engage the services of an appropriate organiza-
tion, agency, or firm to conduct the study under
this subsection, but the Commission shall pro-
vide strategic guidance for the study.
(B) DETAIL STAFF.—Upon request of the
Commission, the Secretary may detail, on a re-
imbursable basis, any of the personnel of the
Department of Transportation to the Commis-
111
sion to assist the Commission in carrying out
its duties under this subsection.
(C) COOPERATION.—The Secretary shall
cooperate with the Commission in the study, in-
cluding providing the Commission with such
nonconfidential data and information as nec-
essary for conducting and completing the study.
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Secretary
shall provide to the Commission, on a reimbursable
basis, the administrative support and services nec-
essary for the Commission to carry out its respon-
sibilities under this subsection.
(9) REPORT
AND
RECOMMENDATIONS.—Not
later than September 30, 2006, the Commission
shall transmit to Congress a final report on the re-
sults of the study conducted under this subsection,
including recommendations to address the needs
identified in the study.
(10) TERMINATION.—The Commission shall
terminate on the 180th day following the date of
transmittal of the report under paragraph (9). By
such 180th day, the Commission shall deliver all
records and papers of the Commission to the Archi-
112
vist of the United States for deposit in the National
Archives.
(11) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the
Highway Trust Funds (other than the Mass Transit
Account) to carry out this subsection $1,000,000 for
each of fiscal years 2005 and 2006.
(12) APPLICABILITY
OF
TITLE
23, UNITED
STATES
CODE.—Funds authorized to be appro-
priated by this section shall be available for obliga-
tion in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States
Code; except that the Federal share of the cost of
activities carried out under this subsection shall be
100 percent and such funds shall remain available
until expended.
SEC. 1124. ADJUSTMENTS FOR THE SURFACE TRANSPOR-
TATION EXTENSION ACT OF 2004, PART V.
[Reserved]
SEC. 1125. ROADWAY SAFETY.
(a) ROAD SAFETY.—
(1) IN
GENERAL.—The Secretary shall enter
into an agreement to assist in the activities of a na-
tional nonprofit organization that is dedicated solely
to improving public road safety—
113
(A) by improving the quality of data per-
taining to public road hazards and design fea-
tures that affect or increase the severity of
motor vehicle crashes;
(B) by developing and carrying out a pub-
lic awareness campaign to educate State and
local transportation officials, public safety offi-
cials, and motorists regarding the extent to
which public road hazards and design features
are a factor in motor vehicle crashes; and
(C) by promoting public road safety re-
search and technology transfer activities.
(2) FUNDING.—There is authorized to be ap-
propriated from the Highway Trust Fund (other
than the Mass Transit Account) $500,000 for each
of fiscal years 2005 through 2009 to carry out this
subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made
available by this subsection shall be available for ob-
ligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United
States Code, except that the funds shall remain
available until expended.
(b) BICYCLE AND PEDESTRIAN SAFETY GRANTS.—
114
(1) IN GENERAL.—The Secretary shall make
grants to a national, not-for-profit organization en-
gaged in promoting bicycle and pedestrian safety—
(A) to operate a national bicycle and pe-
destrian clearinghouse;
(B) to develop information and educational
programs; and
(C) to disseminate techniques and strate-
gies for improving bicycle and pedestrian safety.
(2) FUNDING.—There is authorized to be ap-
propriated from the Highway Trust Fund (other
than the Mass Transit Account) $500,000 for each
of fiscal years 2004 through 2009 to carry out this
subsection.
(3) APPLICABILITY OF TITLE 23.—Funds made
available by this subsection shall be available for ob-
ligation in the same manner as if such funds were
apportioned under chapter 1 of title 23, United
States Code, except that the funds shall remain
available until expended.
SEC. 1126. EQUITY REQUIREMENT.
(a) GENERAL PROVISIONS.—The Secretary may not
apportion before August 1, 2006, any funds for any of
the programs referred to in subsection (b) for fiscal year
115
2006 unless, after the date of enactment of this Act, a
law has been enacted that—
(1) increases the guaranteed rate of return pur-
suant to section 105 of title 23, United States Code,
to 92 percent in fiscal year 2006, 93 percent in fis-
cal year 2007, 94 percent in fiscal year 2008, and
95 percent in fiscal year 2009; and
(2) requires that each State receive apportion-
ments for such programs for each of such fiscal
years that in the aggregate are at least equal to the
greater of—
(A) the State’s minimum guaranteed rate
of return required under paragraph (1); and
(B) the State’s prior fiscal year’s appor-
tioned highway funds for programs referred in
subsection (b) plus an amount equal to the
State’s prior year apportioned funds for such
programs multiplied by the percentage increase
in the consumer price index during the 12-
month period ending June 30 of the calendar
year in which the fiscal year begins.
(b) APPLICABILITY.—The withholding of apportioned
funds under subsection (a) shall apply to the following
programs:
116
(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.
117
(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 1122 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
1123 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 urban-
ized 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 apportion-
ments under section 104(b) in such fiscal year, as cal-
culated under subsection (b), for congestion relief activi-
118
ties in such urbanized areas in accordance with this sec-
tion.
‘‘(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
residing 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:
119
‘‘(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),
120
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
portion 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 obligate for under three congestion relief ac-
tivities under this section if the State certifies to the
Secretary that there are no under one congestion re-
lief activities for which such portion can be obligated
in such fiscal year and the Secretary does not dis-
121
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:
122
‘‘(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 ex-
isting 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
include 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.
123
‘‘(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.’’.
124
(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 in-
serting ‘‘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).