378
HIGH PRIORITY PROJECTS—Continued
No. 
State 
Project Description 
Amount 
3254
PA 
Reconstruct PA Route 274, at PA Route11/15, 
Duncannon ..............................................................
$1,000,000
3255
PA 
Road 
and 
pedestrian 
improvements 
and 
reallignment, through construction, in York City 
NW Triangle ...........................................................
$1,500,000
3256
NY 
Rockland County highway railroad grade crossing 
safety improvements ...............................................
$1,750,000
3257
OH 
Calm traffic on Greenfield St in City of Tiffin and 
improve intersection of Greenfield St with Routes 
18 and 101 ..............................................................
$1,700,000
3258
IA 
Construction of NW 26th St interchange on I 35, 
Polk Co ....................................................................
$1,000,000
3259
NY 
To conduct scoping studies along proposed North-
ern Tier Expressway ..............................................
$5,000,000
3260
IL 
Undertake Traffic Mitigation and Circulation En-
hancements on 57th and Lake Shore Drive, Chi-
cago ..........................................................................
$2,000,000
3261
IL 
For the the construction of a highway on new 
alignment to create a cross town route across 
Godfrey ....................................................................
$1,250,000
3262
MI 
Construct Industrial Park Service Road and Caine 
Road Bridge Replacement. Village of Millington, 
Tuscola County .......................................................
$494,000
3263
TX 
Loop 281 Mobility and Safety Improvements, 
Longview, TX ..........................................................
$1,680,000
3264
TX 
Upgrade Fulghum Road Bridge on I-45 in Dallas 
County (TX) to provide safety and access for ex-
panded intermodal traffic ......................................
$3,100,000
3265
MN 
Edge of Wilderness Discovery Center, Marcell .........
$471,000
3266
IN 
Construction of Star Hill Road, Clark County, In-
diana ........................................................................
$2,215,000
3267
TN 
Plan and construct a bicycle and pedestrian trail, 
Shelbyville ...............................................................
$400,000
3268
TX 
Construct Park Row bypass from Texas State 
Highway 6 to the Eldridge Parkway in Houston, 
TX ............................................................................
$2,000,000
3269
CA 
Implement Northwest San Fernando Valley Road 
and Safety Improvements ......................................
$3,056,000
3270
KY 
Construct two bridges across the Ohio River from 
Louisville to southern Indiana ..............................
$14,000,000
3271
ME 
Construction of the Gorham Village Bypass, Gor-
ham ..........................................................................
$11,220,000
3272
OK 
Reconstruction of the I-40 Crosstown Expressway 
from I-44 to I-35 in downtown Oklahoma City, 
Oklahoma .................................................................
$14,000,000
3273
MD 
I-695, MD147 to I-695 ...............................................
$4,740,000
3274
SC 
Upgrade Hwy. 21 Bypass Grade Crossings .............
$1,000,000
3275
MD 
Upgrade MD 175 in Anne Arundel County between 
MD 170 and the Baltimore Washington Parkway 
$1,000,000
3276
OK 
Construct and widen six lanes on Interstate 44 
from the Arkansas River extending east approxi-
mately 3.7 miles to Yale Avenue in Tulsa, OK ....
$10,000,000
379
HIGH PRIORITY PROJECTS—Continued
No. 
State 
Project Description 
Amount 
3277
OR 
North Bend Waterfront District Boardwalk Con-
struction ..................................................................
$992,000
3278
CT 
Make Improvements to North Stonington, CT West-
erly, R.I. Pawcatuck River Bridge ........................
$500,000
3279
VA 
Construct improvements at I-264 Witchduck Road 
interchange in Virginia Beach ..............................
$10,750,000
3280
CA 
Construct Western Placerville Interchanges on State 
Route 50 ..................................................................
$3,000,000
3281
CT 
Construction of Housatonic River Walk, Shelton, 
CT ............................................................................
$1,000,000
3282
NY 
NYS Route 5,8, 12 Interchange reconstruction: 
Town of New Hartford ...........................................
$1,000,000
3283
NY 
Implement Improvements for Pedestrian Safety in 
Bronx County ..........................................................
$1,000,000
3284
CA 
Improve West Adams Blvd Streetscape in West 
Adams Historic District, Los Angeles ...................
$200,000
3285
CA 
Improve access from I-8 and construct parking lot 
for the Imperial Sand Dunes Recreation Area 
Visitor’s Center, Imperial Valley ...........................
$1,000,000
3286
PA 
Construction of low-impact, spine roadway serving 
the North Delaware Riverfront corridor, City of 
Philadelphia ............................................................
$10,000,000
3287
AL 
Construct interchange on I-59 between I-59 and 
49th Street in Fort Payne, AL ..............................
$3,000,000
3288
FL 
Coordinated Regional Transportation Study of US 
98 from Pensacola Bay Bridge, Escambia Coun-
ty, to Hathaway Bridge, Walton County, Florida 
$1,500,000
3289
GA 
Leesburg North Bypass from US 19 to SR 195, Lee 
County .....................................................................
$500,000
3290
LA 
Peters Road improvements in Plaquemines Parish
$1,000,000
3291
GA 
Upgrade sidewalks, lighting, landscaping from 
Cherry Street to Hampton Street, Industrial 
Park to Dooly Street, Montezuma .........................
$500,000
3292
NY 
Intermodal transportation facility just off of the 
Bronx River Parkway’s exit 6 ...............................
$1,000,000
3293
GA 
US 27 Reconstruction from Colquit to CR 279 .......
$1,000,000
3294
TX 
Loop 180 (Project code 1190-01-035) in Whitney, 
TX from FM 933/ FM 1713 to FM 933S of 
Whitney ...................................................................
$1,000,000
3295
IA 
US 30 widening, reconstruction in Story and Mar-
shall Counties, Iowa ...............................................
$2,300,000
3296
TX 
US 377 interchange construction (at B377 and 
Hwy 144) Hood Co ................................................
$1,500,000
3297
NY 
Construct and improve pedestrian streetscapes 
along Sunrise Highway in Freeport .....................
$500,000
3298
IA 
Construct Principal Riverwalk, Des Moines ............
$4,000,000
3299
NY 
Construct access ramps to Rt. 32-6-17-CR 105 in 
Orange County ........................................................
$8,000,000
3300
IL 
Resurface Shawnee College Road, Pulaski County ..
$1,250,000
3301
MI 
Canton, Pave Cherry Hill Rd. between Canton Ctr., 
and Haggerty ..........................................................
$2,000,000
380
HIGH PRIORITY PROJECTS—Continued
No. 
State 
Project Description 
Amount 
3302
AR 
Springdale, AR -- Improvements to Johnson Road. 
From Hwy 412 to I-540 through Springdale and 
Johnson ....................................................................
$7,000,000
3303
NC 
Environmental studies and construction of Garden 
Parkway ..................................................................
$5,000,000
3304
AZ 
US 60 and US 93 connection on the eastern edge of 
central Wickenburg .................................................
$2,000,000
3305
GA 
Construction of I-575 HOV Lanes from Sixes Road 
to S.R. 20, Cherokee County, Georgia ...................
$1,000,000
3306
WA 
I-405-SR 167 interchange—rebuild the interchange 
and add additional lanes to relieve congestion ....
$2,000,000
3307
MN 
US10 corridor improvement between Blaine and 
St. Cloud: design and ROW acquisition ...............
$2,500,000
3308
CA 
Walnut Grove at Broadway Intersection Capacity 
Enhancements, San Gabriel ..................................
$250,000
3309
KY 
Widen and Reconstruct KY 698 at Mason Gap 
Road, Lincoln County ............................................
$1,200,000
3310
OR 
Medford, OR to construct sidewalks and improve 
storm drainage and gutters for the Citys Safe 
Walk Plan ...............................................................
$1,000,000
3311
MN 
Construct a pedestrian and bicycle bridge across 
TH 169, Onamia ....................................................
$1,097,600
3312
NY 
Improve Montauk Highway from CR46 to Barnes 
Road, Suffolk County .............................................
$8,000,000
3313
CA 
San Diego, CA Construction of North Coast Inter-
state 5 ......................................................................
$1,000,000
3314
AR 
Study 
and 
construction 
of 
8th 
Street, 
in 
Bentonville, AR from Interstate 540, (including 
direct access to I-540) to SW Elm Tree Road ......
$3,000,000
3315
MN 
Cedar Lake Regional Trail, Minneapolis .................
$3,000,000
Subtitle H—Miscellaneous 
Provisions 
SEC. 1801. BUDGET JUSTIFICATION. 
The Department of Transportation and each agency 
therein shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives a budget 
justification concurrently with the President’s annual budg-
et submission to Congress under section 1105(a) of title 31, 
United States Code.
381
SEC. 1802. MOTORIST INFORMATION. 
Section 124 of of title I of division F of the Consoli-
dated Appropriations Act, 2004 (118 Stat. 296–297) is re-
pealed. 
SEC. 1803. MOTORIST INFORMATION CONCERNING FULL-
SERVICE RESTAURANTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary shall initate a rulemaking to de-
termine whether or not—
(1) full-service restaurants should be given pri-
ority on not more than 2 panels of the camping or 
attractions logo specific service signs in the Manual 
on Uniform Traffic Control Devices of the Depart-
ment of Transportation when the food logo specific 
service sign is fully utilized; and 
(2) full service restaurants should be given pri-
ority on not more than two panels of the food logo 
specific service signs in such Manual when the camp-
ing or attractions logo specific service signs are fully 
utilized. 
SEC. 1804. HIGH PRIORITY CORRIDORS ON THE NATIONAL 
HIGHWAY SYSTEM. 
Section 1105(c) of the Intermodal Surface Transpor-
tation Efficiency Act of 1991 (105 Stat. 2032) is amend-
ed—
382
(1) in paragraph (23) by inserting before the pe-
riod at the end the following: ‘‘and the connection 
from Wichita, Kansas, to Sioux City, Iowa, which in-
cludes I–135 from Wichita, Kansas to Salina, Kan-
sas, United States Route 81 from Saline, Kansas, to 
Norfolk, Nebraska, Nebraska State Route 35 from 
Norfolk, Nebraska, to South Sioux City, Nebraska, 
and the connection to I–29 in Sioux City, Iowa’’; 
(2) by striking paragraph (34) and inserting the 
following: 
‘‘(34) The Alameda Corridor-East and Southwest 
Passage, California. The Alameda Corridor-East is 
generally described as the corridor from East Los An-
geles (terminus of Alameda Corridor) through Los 
Angeles, Orange, San Bernardino, and Riverside 
Counties, to termini at Barstow in San Bernardino 
County and Coachella in Riverside County. The 
Southwest Passage shall follow I–10 from San 
Bernardino to the Arizona State line.’’; 
(3) by adding at the end the following: 
‘‘(46) Interstate Route 710 between the terminus 
at Long Beach, California, to California State Route 
60. 
‘‘(47) Interstate Route 87 from the Quebec border 
to New York City.
383
‘‘(48) The Route 50 High Plains Corridor along 
the United States Route 50 corridor from Newton, 
Kansas, to Pueblo, Colorado. 
‘‘(49) The Atlantic Commerce Corridor on Inter-
state Route 95 from Jacksonville, Florida, to Miami, 
Florida. 
‘‘(50) The East-West Corridor commencing in 
Watertown, New York, continuing northeast through 
New York, Vermont, New Hampshire, and Maine, and 
terminating in Calais, Maine. 
‘‘(51) The SPIRIT Corridor on United States 
Route 54 from El Paso, Texas, through New Mexico, 
Texas, and Oklahoma to Wichita, Kansas. 
‘‘(52) The route in Arkansas running south of 
and parallel to Arkansas State Highway 226 from the 
relocation of United States Route 67 to the vicinity 
of United States Route 49 and United States Route 
63. 
‘‘(53) United States Highway Route 6 from 
Interstate Route 70 to Interstate Route 15, Utah. 
‘‘(54) The California Farm-to-Market Corridor, 
California State Route 99 from south of Bakersfield 
to Sacramento, California. 
‘‘(55) In Texas, Interstate Route 20 from Inter-
state Route 35E in Dallas County, east to the inter-
384
section of Interstate Route 635, north to the intersec-
tion of Interstate Route 30, northeast through Tex-
arkana to Little Rock, Arkansas, Interstate Route 40 
northeast from Little Rock east to the proposed Inter-
state Route 69 corridor. 
‘‘(56) In the State of Texas, the La Entrada al 
Pacifico Corridor consisting of the following highways 
and any portion of a highway in a corridor on 2 
miles of either side of the center line of the highway: 
‘‘(A) State Route 349 from Lamesa to the 
point on that highway that is closest to 32 de-
grees, 7 minutes, north latitude, by 102 degrees, 
6 minutes, west longitude. 
‘‘(B) The segment or any roadway extend-
ing from the point described by subparagraph 
(A) to the point on Farm-to-Market Road 1788 
closest to 32 degrees, 0 minutes, north latitude, 
by 102 degrees, 16 minutes, west longitude. 
‘‘(C) Farm-to-Market Road 1788 from the 
point described by subparagraph (B) to its inter-
section with Interstate Route 20. 
‘‘(D) Interstate Route 20 from its intersec-
tion with Farm-to-Market Road 1788 to its 
intersection with United States Route 385.
385
‘‘(E) United States Route 385 from Odessa 
to Fort Stockton, including those portions that 
parallel United States Route 67 and Interstate 
Route 10. 
‘‘(F) United States Route 67 from Fort 
Stockton to Presidio, including those portions 
that parallel Interstate Route 10 and United 
States Route 90. 
‘‘(57) United States Route 41 corridor between 
Interstate Route I–94 near Milwaukee and Interstate 
Route I–43 near Green Bay in the State of Wis-
consin.’’; and 
(4) by aligning paragraph (45) with paragraph 
(46). 
SEC. 1805. ADDITIONS TO APPALACHIAN REGION. 
(a) KENTUCKY.—Section 14102(a)(1)(C) of title 40, 
United States Code, is amended—
(1) by inserting ‘‘Nicholas,’’ after ‘‘Morgan,’’; 
and 
(2) by inserting ‘‘Robertson,’’ after ‘‘Pulaski,’’. 
(b) OHIO.—Section 14102(a)(1)(H) of such title is 
amended—
(1) by inserting ‘‘Ashtabula,’’ after ‘‘Adams,’’; 
(2) by inserting ‘‘Fayette,’’ after ‘‘Coshocton,’’;
386
(3) by inserting ‘‘Mahoning,’’ after ‘‘Lawrence,’’; 
and 
(4) by inserting ‘‘Trumbull,’’ after ‘‘Scioto,’’. 
(c) TENNESSEE.—Section 14102(a)(1)(K) of such title 
is amended—
(1) by inserting ‘‘Giles,’’ after ‘‘Franklin,’’; and 
(2) by inserting ‘‘Lawrence, Lewis, Lincoln,’’ 
after ‘‘Knox,’’. 
(d) VIRGINIA.—Section 14102(a)(1)(L) of such title is 
amended—
(1) by inserting ‘‘Henry,’’ after ‘‘Grayson,’’; and 
(2) by inserting ‘‘Patrick,’’ after ‘‘Montgomery,’’. 
SEC. 1806. TRANSPORTATION ASSETS AND NEEDS OF 
DELTA REGION. 
(a) AGREEMENT.—Not later than 6 months after the 
date of enactment of this Act, the Secretary shall enter into 
an agreement with the Delta Regional Authority (referred 
to in this section as the ‘‘DRA’’) to conduct a comprehensive 
study of transportation assets and needs for all modes of 
transportation (including passenger and freight transpor-
tation) in the 8 States comprising the Delta region (Ala-
bama, Arkansas, Illinois, Kentucky, Louisiana, Mis-
sissippi, Missouri and Tennessee). 
(b) CONSULTATION.—Under the agreement, the DRA, 
in conducting the study, shall consult with the Department
387
of Transportation, State transportation departments, local 
planning and development districts, local and regional gov-
ernments, and metropolitan planning organizations. 
(c) REPORT.—Under the agreement, the DRA, not 
later than 24 months after the date of entry into the agree-
ment, shall submit to the Secretary and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives and the Committee on Environment and Public 
Works of the Senate a final report on the results of the 
study, together with such recommendation as the DRA con-
siders appropriate. 
(d) PLAN.—Under the agreement, the DRA, upon com-
pletion of the report, shall establish a regional strategic 
plan to implement the recommendations of the report. 
(e) FUNDING.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated out of the 
Highway Trust Fund (other than the Mass Transit 
Account), $500,000 for each of the fiscal years 2005 
and 2006 to carry out this section. 
(2) CONTRACT
AUTHORITY.—Funds authorized 
by this section shall be available for obligation in the 
same manner and to the same extent as if such funds 
were apportioned under chapter 1 of title 23, United
388
States Code; except that such funds shall remain 
available until expended and shall not be transferable. 
SEC. 1807. TOLL FACILITIES WORKPLACE SAFETY STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study on the safety of highway toll collection facilities, in-
cluding toll booths, to determine the safety of the facilities 
for the toll collectors who work in and around the facilities, 
including consideration of—
(1) the effect of design or construction of the fa-
cilities on the likelihood of vehicle collisions with the 
facilities; 
(2) the safety of crosswalks used by toll collectors 
in transit to and from toll booths; 
(3) the extent of the enforcement of speed limits 
in the vicinity of the facilities; 
(4) the use of warning devices, such as vibration 
and rumble strips, to alert drivers approaching the 
facilities; 
(5) the use of cameras to record traffic violations 
in the vicinity of the facilities; 
(6) the use of traffic control arms in the vicinity 
of the facilities; 
(7) law enforcement practices and jurisdictional 
issues that affect safety in the vicinity of the facilities; 
and
389
(8) the incidence of accidents and injuries in the 
vicinity of toll booths. 
(b) DATA COLLECTION.—As part of the study, the Sec-
retary shall collect data regarding the incidence of accidents 
and injuries in the vicinity of highway toll collection facili-
ties. 
(c) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environ-
ment and Public Works of the Senate a report on the results 
of the study, together with recommendations for improving 
toll facilities workplace safety. 
(d) FUNDING.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out 
this section, out of the Highway Trust Fund (other 
than the Mass Transit Account), $500,000 for fiscal 
year 2005. 
(2) CONTRACT AUTHORITY.—Funds authorized to 
be appropriated by this section shall be available for 
obligation in the same manner and to the same extent 
as if such funds were apportioned under chapter 1 of 
title 23, United States Code; expect that the Federal 
share of the cost of the project shall be 100 percent,
390
and such funds shall remain available until expended 
and shall not be transferable. 
SEC. 1808. PAVEMENT MARKING SYSTEMS DEMONSTRATION 
PROJECTS. 
(a) IN GENERAL.—The Secretary shall conduct a dem-
onstration project in the State of Alaska, and a demonstra-
tion project in the State of Tennessee, to study the safety 
impacts, environmental impacts, and cost effectiveness of 
different pavement marking systems and the effect of State 
bidding and procurement processes on the quality of pave-
ment marking material employed in highway projects. The 
demonstration projects shall each include an evaluation of 
the impacts and effectiveness of increasing the width of 
pavement marking edge lines from 4 inches to 6 inches and 
an evaluation of advanced acrylic water-borne pavement 
markings. 
(b) REPORT.—Not later than June 30, 2009, the Sec-
retary shall transmit to Congress a report on the results 
of the demonstration projects, together with findings and 
recommendations on methods that will optimize the cost-
benefit ratio of the use of Federal funds on pavement mark-
ing. 
(c) FUNDING.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
391
this section, out of the Highway Trust Fund (other 
than the Mass Transit Account), $1,000,000 per fiscal 
year for each of the fiscal years 2005 through 2009. 
(2) CONTRACT AUTHORITY.—Funds authorized to 
be appropriated by this section shall be available for 
obligation in the same manner and to the same extent 
as if such funds were apportioned under chapter 1 of 
title 23, United States Code; expect that the Federal 
share of the cost of the demonstration projects shall be 
100 percent, and such funds shall remain available 
until expended and shall not be transferable. 
SEC. 1809. WORK ZONE SAFETY GRANTS. 
(a) IN GENERAL.—The Secretary shall establish and 
implement a work zone safety grant program under which 
the Secretary may make grants to nonprofit organizations 
to provide training to prevent or reduce highway work zone 
injuries and fatalities. 
(b) ELIGIBLE ACTIVITIES.—Grants may be made 
under the program for the following purposes: 
(1) Training for construction craft workers on 
the prevention of injuries and fatalities in highway 
and road construction. 
(2) Development of guidelines for the prevention 
of highway work zone injuries and fatalities.
392
(3) Training for State and local government 
transportation agencies and other groups imple-
menting guidelines for the prevention of highway 
work zone injuries and fatalities. 
(c) FUNDING.—
(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than 
the Mass Transit Account) to carry out this section 
$5,000,000 for each of fiscal years 2005 through 2009. 
(2) CONTRACT
AUTHORITY.—Funds authorized 
by this subsection shall be available for obligation in 
the same manner as if the funds were apportioned 
under chapter 1 of title 23, United States Code; except 
that such funds shall not be transferable. 
(d) CONSTRUCTION WORK IN ALASKA.—Section 114 of 
title 23, United States Code, is amended by adding at the 
end the following: 
‘‘(c) CONSTRUCTION WORK IN ALASKA.—
‘‘(1) IN GENERAL.—The Secretary shall ensure 
that a worker who is employed on a remote project for 
the construction of a highway or portion of a highway 
located on a Federal-aid system in the State of Alaska 
and who is not a domiciled resident of the locality 
shall receive meals and lodging.
393
‘‘(2) LODGING.—The lodging under paragraph 
(1) shall be in accordance with section 1910.142 of 
title 29, Code of Federal Regulations (relating to tem-
porary labor camp requirements). 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) REMOTE.—The term ‘remote’, as used 
with respect to a project, means that the project 
is 75 miles or more from the United States Post 
Office in either Fairbanks, Anchorage, Juno, or 
Ketchikan, Alaska, or is inaccessible by road in 
a 2-wheel drive vehicle. 
‘‘(B) RESIDENT.—The term ‘resident’, as 
used with respect to a project, means a person 
living within 75 miles of the midpoint of the 
project for at least 12 months.’’. 
SEC. 
1810. 
GRANT 
PROGRAM 
TO 
PROHIBIT 
RACIAL 
PROFILING. 
(a) GRANTS.—Subject to the requirements of this sec-
tion, the Secretary shall make grants to a State that—
(1) (A) has enacted and is enforcing a law that 
prohibits the use of racial profiling in the enforcement 
of State laws regulating the use of Federal-aid high-
ways; and
394
(B) is maintaining and allows public inspection 
of statistical information for each motor vehicle stop 
made by a law enforcement officer on a Federal-aid 
highway in the State regarding the race and ethnicity 
of the driver and any passengers; or 
(2) provides assurances satisfactory to the Sec-
retary that the State is undertaking activities to com-
ply with the requirements of paragraph (1). 
(b) ELIGIBLE ACTIVITIES.—A grant received by a 
State under subsection (a) shall be used by the State—
(1) in the case of a State eligible under sub-
section (a)(1), for costs of—
(A) collecting and maintaining of data on 
traffic stops; 
(B) evaluating the results of the data; and 
(C) developing and implementing programs 
to reduce the occurrence of racial profiling, in-
cluding programs to train law enforcement offi-
cers; and 
(2) in the case of a State eligible under sub-
section (a)(2), for costs of—
(A) activities to comply with the require-
ments of subsection (a)(1); and 
(B) any eligible activity under paragraph 
(1).
395
(c) RACIAL PROFILING.—To meet the requirement of 
subsection (a)(1), a State law shall prohibit, in the enforce-
ment of State laws regulating the use of Federal-aid high-
ways, a State or local law enforcement officer from using 
the race or ethnicity of the driver or passengers to any de-
gree in making routine or spontaneous law enforcement de-
cisions, such as ordinary traffic stops on Federal-aid high-
ways. Nothing in this subsection shall alter the manner in 
which a State or local law enforcement officer considers race 
or ethnicity whenever there is trustworthy information, rel-
evant to the locality or time frame, that links persons of 
a particular race or ethnicity to an identified criminal in-
cident, scheme, or organization. 
(d) LIMITATIONS.—
(1) MAXIMUM AMOUNT OF GRANTS.—The total 
amount of grants received by a State under this sec-
tion in a fiscal year may not exceed 5 percent of the 
amount made available to carry out this section in 
the fiscal year. 
(2) ELIGIBILITY.—A State may not receive a 
grant under subsection (a)(2) in more than 2 fiscal 
years. 
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be ap-
propriated from the Highway Trust Fund (other than
396
the Mass Transit Account) to carry out this section 
$10,000,000 for each of fiscal years 2005 through 
2009. 
(2) CONTRACT
AUTHORITY.—Funds authorized 
by this subsection shall be available for obligation in 
the same manner as if the funds were apportioned 
under chapter 1 of title 23, United States Code, except 
the Federal share of the cost of activities carried out 
using such funds shall be 100 percent, and such funds 
shall remain available until expended and shall not 
be transferable. 
SEC. 1811. AMERICA’S BYWAYS RESOURCE CENTER. 
(a) IN GENERAL.—The Secretary shall allocate funds 
made available to carry out this section to the America’s 
Byways Resource Center established pursuant to section 
1215(b)(1) of the Transportation Equity Act for the 21st 
Century (112 Stat. 209). 
(b) TECHNICAL SUPPORT AND EDUCATION.—
(1) USE OF FUNDS.—The Center shall use funds 
allocated to the Center under this section to continue 
to provide technical support and conduct educational 
activities for the national scenic byways program es-
tablished under section 162 of title 23, United States 
Code.
397
(2) ELIGIBLE
ACTIVITIES.—Technical support 
and educational activities carried out under this sub-
section shall provide local officials and organizations 
associated with National Scenic Byways and All-
American Roads with proactive, technical, and on-site 
customized assistance, including training, commu-
nications (including a public awareness series), publi-
cations, conferences, on-site meetings, and other as-
sistance considered appropriate to develop and sus-
tain such byways and roads. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $3,500,000 for each of fiscal years 2004 through 
2009. 
(d) APPLICABILITY OF TITLE 23.—Funds authorized 
by this section shall be available for obligation in the same 
manner as if such funds were apportioned under chapter 
1 of title 23, United States Code; except that the Federal 
share of the cost of any project or activity carried out under 
this section shall be 100 percent and such funds shall re-
main available until expended and shall not be transferable.
398
SEC. 1812. TECHNICAL ADJUSTMENT. 
(a) IN GENERAL.—The donee of the vessel with the 
Unit Identification Code number 13862 is deemed to be the 
owner of that vessel free and clear as of September 1, 2000. 
(b) FEDERAL CLAIMS.—All Federal claims arising 
from the donation or use of the vessel described in subsection 
(a) are permanently extinguished. 
SEC. 
1813. 
ROAD 
USER 
CHARGE 
EVALUATION 
PILOT 
PROJECT. 
(a) IN GENERAL.—The Secretary shall carry out a na-
tional evaluation pilot project to assess how intelligent 
transportation system technology can be applied to assess 
mileage-based road user charges for the purposes of col-
lecting revenues for the Highway Trust Fund. 
(b) MATTERS TO BE EVALUATED.—The following mat-
ters shall be evaluated under the pilot project: 
(1) Technical feasibility of imposing mileage-
based road user charges, including cost, reliability, 
and security of on-board and intelligent transpor-
tation systems. 
(2) Compatibility of technology for imposing 
such charges with automobile and truck design. 
(3) Design and testing of a collection system for 
such charges that is secure, low cost, and easy to use. 
(4) Methods of ensuring privacy of road users 
and assessing public attitudes and views of motorists
399
who participate in field tests of the equipment and 
system. 
(c) REPORTS.—The Secretary shall transmit annual 
reports on the status of the pilot project and, not later than 
June 30, 2009, a final report on the results of the pilot 
project, together with findings and recommendations, to the 
Secretary of the Treasury, the Committee on Transpor-
tation and Infrastructure and the Committee on Ways and 
Means of the House of Representatives, and the Committee 
on Environment and Public Works and the Committee on 
Finance of the Senate. 
(d) AUTHORIZATION OF APPROPRIATION.—
(1) IN GENERAL.—There is authorize from the 
Highway Trust Fund (other than the Mass Transit 
Account) to carry out this section $1,000,000 for each 
of fiscal years 2005 and 2006 and $3,500,000 for each 
of fiscal years 2007, 2008, and 2009. 
(2) CONTRACT
AUTHORITY.—Funds authorized 
under this subsection shall be available for obligation 
in the same manner as if the funds were apportioned 
under chapter 1 of title 23, United States Code; except 
the Federal share of the cost of the pilot project shall 
be 100 percent, and such funds shall remain available 
until expended and shall not be transferable.
400
SEC. 1814. THOMAS P. ‘‘TIP’’ O’NEILL, JR. TUNNEL. 
(a) DESIGNATION.—In honor of his service to the Com-
monwealth of Massachusetts and the United States of Amer-
ica, and in recognition of his contributions toward the con-
struction of Central Artery Tunnel project in Boston, the 
northbound and southbound tunnel of Interstate Route 93, 
located in the city of Boston, which extends north of the 
intersection of Interstate Route 90 and Interstate Route 93 
to the Leonard P. Zakim Bunker Hill Bridge, is designated 
as the ‘‘Thomas P. ‘Tip’ O’Neill, Jr. Tunnel’’. 
(b) REFERENCES.—Any reference in law, map, regula-
tion, document, paper, or other record of the United States 
to the tunnel referred to in subsection (a) shall be deemed 
to be a reference to the ‘‘Thomas P. ‘Tip’ O’Neill, Jr. Tun-
nel’’. 
SEC. 1815. CONFORMING AMENDMENT FOR TRANSPOR-
TATION PLANNING SECTIONS. 
(a) METROPOLITAN PLANNING.—Section 134 of title 
23, United States Code is amended to read as follows: 
‘‘§ 134. Metropolitan planning 
‘‘Metropolitan transportation planning programs 
funded under section 104(f) shall be carried out in accord-
ance with the metropolitan planning provisions of chapter 
52, title 49, United States Code.’’. 
(b) STATEWIDE PLANNING.—Section 135 of such title 
is amended to read as follows:
401
‘‘§ 135. Statewide planning 
‘‘Statewide transportation planning programs funded 
under section 104(f) shall be carried out in accordance with 
the statewide planning provisions of chapter 52, title 49, 
United States Code.’’. 
SEC. 1816. DISTRIBUTION OF METROPOLITAN PLANNING 
FUNDS WITHIN STATES. 
Section 104(f)(4) of title 23, United States Code, is 
amended by adding at the end the following: ‘‘Such dis-
tribution of funds to metropolitan planning organizations 
shall be made within 30 days of the date of receipt of such 
funds from the Secretary.’’. 
SEC. 1817. TREATMENT OF OFF RAMP. 
The Harbor Boulevard off ramp from Interstate Route 
405 in Costa Mesa, California, is deemed to satisfy the re-
quirements of title 23, United States Code, that govern the 
approval of the placement of ramps off of a Federal-aid 
highway. 
SEC. 1818. LOAN FORGIVENESS. 
Debt outstanding as of the date of enactment of this 
Act for project number Q–DPM–0013(001) carried out 
under section 108(c) of title 23, United States Code, is 
deemed satisfied. 
SEC. 1819. LEAD AGENCY DESIGNATION. 
The public entity established under California law in 
1989 to acquire rights-of-way in northwestern California
402
to maintain surface transportation infrastructure is hereby 
designated as the lead agency for the purpose of accepting 
Federal funds authorized under item 13 of the table con-
tained in section 1108(b) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (105 Stat. 2061). 
SEC. 1820. USE OF DEBRIS FROM DEMOLISHED BRIDGES 
AND OVERPASSES. 
The project agreement for a Federal-aid highway 
project shall provide that any debris from demolition of a 
bridge or overpass that is on the Federal-aid highway must 
be made available for beneficial public use by Federal, 
State, and local governments. Any additional cost associ-
ated with making available the debris shall be borne by the 
recipient of the debris. 
SEC. 1821. HUBZONE PROGRAM. 
Section 3(p)(4)(B)(ii) of the Small Business Act (15 
U.S.C. 632(p)(4)(B)(ii)) is amended—
(1) in subclause (I) by striking ‘‘or’’ at the end; 
(2) in subclause (II) by striking the period at the 
end and inserting ‘‘; or’’ ; and 
(3) by adding after subclause (II) the following: 
‘‘(III) there is located a difficult 
development area, as designated by the 
Secretary of Housing and Urban De-
velopment in accordance with section
403
42(d)(5)(C)(iii) of the Internal Rev-
enue Code of 1986, within Alaska, Ha-
waii, or any territory or possession of 
the United States outside the 48 con-
tiguous States.’’. 
SEC. 1822. TECHNICAL AMENDMENTS TO TEA 21 PROJECTS. 
The table contained in section 1602 of the Transpor-
tation Equity Act for the 21st Century (112 Stat. 257) is 
amended—
(1) in item number 35 by adding ‘‘and for other 
related purposes’’ after ‘‘Yard’’; 
(2) in item number 78 by striking ‘‘Third’’ and 
all that follows through ‘‘Bridge’’ and inserting 
‘‘Bayview Transportation Improvements Project’’; 
(3) in item number 312 by inserting ‘‘through 
construction’’ after ‘‘engineering’’; 
(4) in item number 800 by striking ‘‘Fairview 
Township’’ and inserting ‘‘or other projects selected 
by the York County, Pennsylvania MPO’’; 
(5) in item number 820 by striking ‘‘Conduct’’ 
and all that follows through ‘‘interchange’’ and insert-
ing ‘‘Conduct a transportation needs study and make 
improvements to I–75 interchanges in the Grayling 
area’’;
404
(6) in item number 897 by striking ‘‘Road up-
grade’’ and all that follows through ‘‘Hills’’ and in-
serting ‘‘Engineering and construction of a new ac-
cess road to a development near Interstate 57 and 
167th Street in Country Club Hills’’; 
(7) in item number 1121 by striking ‘‘Construct’’ 
and all that follows through ‘‘Douglaston Parkway’’ 
and inserting ‘‘Provide landscaping along both sides 
of the Grand Central Parkway from 188th Street to 
172nd Street’’; 
(8) in item 1225 by striking ‘‘Construct SR 9 
bypass’’ and inserting ‘‘Study, design, and construct 
transportation solutions for SR 9 corridor’’; and 
(9) in item number 1375 by striking ‘‘Prelimi-
nary’’ and all that follows through ‘‘Emmet County’’ 
and inserting ‘‘Petoskey area transportation needs 
study and trunkline preservation and safety in the 
Petoskey area’’; 
(10) in item number 1392 by striking ‘‘Con-
struct’’ and all that follows through ‘‘multimodal cen-
ter’’ and inserting ‘‘Improve the ramp configuration 
at the I–476 PA Turnpike Landsdale Interchange’’; 
and 
(11) in item number 1447 strike ‘‘Extend’’ and 
all that follows through ‘‘Valparaiso’’ and insert ‘‘De-
405
sign and construction of interchange at I–65 and 
109th Avenue, Crown Point’’. 
SEC. 1823. NATIONAL WORK ZONE SAFETY INFORMATION 
CLEARINGHOUSE. 
(a) GRANTS.—The Secretary shall make grants for fis-
cal years 2005 through 2009 to a national nonprofit foun-
dation for the operation of the National Work Zone Safety 
Information Clearinghouse, authorized by section 358(b)(2) 
of Public Law 104–59, created for the purpose of assembling 
and disseminating, by electronic and other means, informa-
tion relating to improvement of roadway work zone safety. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $1,000,000 for each of fiscal years 2005 through 
2009. 
(c) CONTRACT AUTHORITY.—Funds authorized by this 
subsection shall be available for obligation in the same man-
ner as if the funds were apportioned under chapter 1 of 
title 23, United States Code, except the Federal share of the 
cost of activities carried out using such funds shall be 100 
percent, and such funds shall remain available until ex-
pended and shall not be transferable.
406
SEC. 1824. TRANSPORTATION CONFORMITY. 
(a) 
CONFORMITY
REDETERMINATIONS.—Section 
176(c)(2) of the Clean Air Act (42 U.S.C. 7506(c)) is 
amended by adding at the end the following: 
‘‘(E) The appropriate metropolitan planning or-
ganization shall redetermine conformity for existing 
transportation plans and programs not later than 2 
years after the date on which the Administrator—
‘‘(i) finds a motor vehicle emissions budget 
in a submitted implementation plan to be ade-
quate in accordance with section 93.118(e)(4) of 
title 40, Code of Federal Regulations (as in effect 
on October 1, 2003); or 
‘‘(ii) approves an implementation plan 
under section 110(k) or promulgates an imple-
mentation plan under section 110(c) that estab-
lishes a motor vehicle emissions budget where 
there was no prior budget or that establishes a 
budget that significantly varies from any motor 
vehicle emissions budget in effect pursuant to an 
adequacy determination in accordance with sec-
tion 93.118(e)(4) of title 40, Code of Federal 
Regulations (as in effect on October 1, 2003) or 
as part of an implementation plan approved or 
promulgated under section 110.’’.
407
(b) FREQUENCY OF CONFORMITY DETERMINATION UP-
DATES.—Section 176(c)(4) of the Clean Air Act (42 U.S.C. 
7506(c)(4)) is amended follows: 
(1) In subparagraph (A) by striking ‘‘one year 
after the date of enactment of the Clean Air Act 
Amendments of 1990’’ and inserting ‘‘one year after 
the date of enactment of the Transportation Equity 
Act: A Legacy for Users’’. 
(2) In subparagraph (B) by amending clause (ii) 
to read as follows: 
‘‘(ii) provide that conformity determinations for 
transportation plans and programs be determined 
every 4 years in areas designated as nonattainment 
or redesignated to attainment (unless a metropolitan 
planning organization as designated in section 
5213(b) of title 49, United States Code, elects to up-
date a transportation plan and program more fre-
quently or is required to determine conformity in ac-
cordance with paragraph (2)(E)).’’. 
(c) TIME HORIZON FOR CONFORMITY DETERMINA-
TIONS IN NONATTAINMENT AREAS.—Subsection (c) of sec-
tion 176 of the Clean Air Act (42 U.S.C. 7506(c)) is amend-
ed by adding the following new paragraph at the end there-
of:
408
‘‘(7) TIME
HORIZON
FOR
DETERMINATIONS.—
Each conformity determination required under this 
section for a transportation plan under section 
5213(g) of title 49 of the United States Code shall re-
quire a demonstration of conformity during the pe-
riod ending on either the final year of the transpor-
tation plan or, at the election of the metropolitan 
planning organization and an air pollution control 
agency, as defined in section 302(b), if such air pollu-
tion control agency is responsible for developing plans 
or controlling air pollution within the area covered 
by the transportation plan on the later of the fol-
lowing dates (hereinafter in this paragraph referred 
to as the ‘final transportation conformity date’): 
‘‘(A) The tenth year of the transportation 
plan. 
‘‘(B) The attainment date set forth in the 
applicable implementation plan for the air pol-
lutant concerned. 
‘‘(C) The year after the completion of a re-
gionally significant project, if the project will be 
programmed in the transportation improvement 
program or requires approval before the subse-
quent conformity determination.
409
Such conformity determination shall be accompanied 
by a regional emissions analysis for any years of the 
transportation plan that extend beyond such final 
conformity date. In the case in which an area has a 
revision to an implementation plan under section 
175A(b) and the Administrator has found the motor 
vehicle emissions budgets from that revision to be ade-
quate in accordance with section 93.118(e)(4) of title 
40, Code of Federal Regulations (as in effect October 
1, 2003), or has approved the revision, the demonstra-
tion of conformity (at the election of the metropolitan 
planning organization and an air pollution control 
agency, as defined in section 302(b), if such air pollu-
tion control agency is responsible for developing plans 
or controlling pollution within the area covered by the 
transportation plan) and the metropolitan planning 
organization shall be required to extend only through 
the last year of the implementation plan required 
under section 175A(b).’’. 
(d) SUBSTITUTION
OF TRANSPORTATION CONTROL 
MEASURES.—Subsection 176(c) of the Clean Air Act (42 
U.S.C. 7506(c)) is amended by adding at the end the end 
the following new paragraph: 
‘‘(8)(A) Transportation control measures that 
are specified in an implementation plan may be re-
410
placed in the implementation plan with substitute 
transportation control measures if—
‘‘(i) the substitute measures achieve equiva-
lent or greater emission reductions than the con-
trol measures to be replaced, as determined by 
the Administrator; 
‘‘(ii) the substitute measures utilize an 
emissions impact analysis that is consistent with 
the current methodology used for evaluating re-
placed control measures in the implementation 
plan; 
‘‘(iii) the substitute control measures are 
implemented not later than the date on which 
such emission reductions are necessary to achieve 
the purpose of the implementation plan; 
‘‘(iv) the substitute control measures were 
developed with reasonable public notice and the 
opportunity for comments; and 
‘‘(v) the metropolitan planning organiza-
tion finds that adequate funding is included in 
the transportation improvement program to en-
sure timely implementation of the substitute con-
trol measures. 
‘‘(B) After the requirements of subparagraph (A) 
are met, a State may adopt the substitute measures
411
in the applicable implementation plan within a rea-
sonable period of time. 
‘‘(C) The substitution of a transportation control 
measure in accordance with this paragraph shall not 
be contingent on the existence of any provision in the 
applicable implementation plan that expressly per-
mits such substitution. 
‘‘(D) The substitution of a transportation control 
measure in accordance with this paragraph shall not 
require—
‘‘(i) a new conformity determination for the 
transportation plan, or 
‘‘(ii) a revision of the applicable implemen-
tation plan. 
‘‘(E) A control measure that is being replaced by 
a substitute control measure under this paragraph 
shall remain in effect until the substitute control 
measure is adopted. 
‘‘(F) Adoption of a substitute control measure 
shall constitute rescission of the previously applicable 
control measure. 
Transportation control measures may be added to an imple-
mentation plan subject to subparagraphs (B), (C), and (D), 
on the same basis as if such measures were substitute trans-
portation control measures if such measures do not increase
412
emissions for which limitations have been established in an 
implementation plan, and such measures meet the require-
ments of clauses (ii), (iii), (iv), and (v) of subparagraph 
(A).’’. 
(e) LAPSE OF CONFORMITY.—Subsection (c) of section 
176 of the Clean Air Act (42 U.S.C. 7506(c)) is amended 
by adding the following new paragraphs at the end thereof: 
‘‘(9) LAPSE OF CONFORMITY.—If a conformity 
determination required under this subsection for a 
transportation plan under section 5213(g) of title 49 
of the United States Code or a transportation im-
provement program under section 5213(h) of title 49 
of the United States Code is not made by the applica-
ble deadline and such failure is not corrected by addi-
tional measures to either reduce motor vehicle emis-
sions sufficient to demonstrate compliance with the 
requirements of this subsection within 12 months 
after such deadline or other measures sufficient to cor-
rect such failures, the transportation plan shall lapse. 
‘‘(10) LAPSE.—The term ‘lapse’ means that the 
conformity determination for a transportation plan 
or transportation improvement program has expired, 
and thus there is no currently conforming transpor-
tation plan or transportation improvement pro-
gram.’’.
413
SEC. 1825. ELIGIBILITY TO PARTICIPATE IN WESTERN ALAS-
KA COMMUNITY DEVELOPMENT QUOTA PRO-
GRAM. 
A community is deemed to be eligible to participate 
in the western Alaska community development quota pro-
gram established under section 305(i) of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 U.S.C. 
1855(i)) if the community—
(1) is listed in table 7 to part 679 of title 50, 
Code of Federal Regulations, as in effect on March 8, 
2004; or 
(2) was determined to be eligible participate in 
such program by the National Marine Fisheries Serv-
ice on April 19, 1999. 
SEC. 1826. METROPOLITAN REGIONAL FREIGHT AND PAS-
SENGER TRANSPORTATION STUDY. 
(a) IN GENERAL.—The Secretary shall enter into an 
agreement with a partnership comprised of 2 institutions 
of higher learning to study metropolitan regional freight 
and passenger transportation and system-wide performance 
utilizing an interdisciplinary technique of supply chain 
management, geographic information systems, and urban/
suburban planning and management. 
(b) CONTENTS OF STUDY.—The study under this sec-
tion shall include, at a minimum, evaluations of—
414
(1) best practices for regional transportation op-
erations and management; 
(2) relationships among truck trip generation 
and economic activities; 
(3) spatial analysis of the distribution of eco-
nomic activity and transportation investments; 
(4) congestion mitigation and management of 
air quality through the concentration of modeling and 
technology; 
(5) supply chain management and geographic 
information systems; and 
(6) infrastructure management and renewal. 
(c) FEDERAL SHARE.—The Federal share of the cost 
of the study under this section shall be 100 percent. 
(d) FUNDING.—Of the amounts made available to 
carry out section 1305 for each of fiscal years 2005 through 
2009, $1,800,000 shall be made available to carry out this 
section. 
SEC. 1827. INTERMODAL TRANSPORTATION FACILITY EX-
PANSION. 
Any Federal and non-Federal share provided for the 
Port of Anchorage for an intermodal transportation marine 
facility or for access to that facility shall be transferred to 
and administered by the Administrator of the Maritime Ad-
ministration.
415
SEC. 1828. ADVANCED TRUCK STOP ELECTRIFICATION SYS-
TEM. 
(a) DEFINITION.—Section 101(a) of title 23, United 
States Code, as amended by section 1202 of this Act, is fur-
ther amended by adding at the end the following: 
‘‘(40) ADVANCED TRUCK STOP ELECTRIFICATION 
SYSTEM.—The term ‘advanced truck stop electrifica-
tion system’ means a stationary system that delivers 
heat, air conditioning, electricity, and communica-
tions, and is capable of providing verifiable evidence 
of use of those services, to a heavy-duty vehicle and 
any occupants of the heavy-duty vehicle without rely-
ing on components mounted onboard the heavy-duty 
vehicle for delivery of those services.’’. 
(b) ELIGIBILITY UNDER STP.—Section 133(b)(6) of 
such title is amended by inserting ‘‘, including advanced 
truck stop electrification systems’’ before the period at the 
end. 
SEC. 1829. TECHNOLOGY. 
States are encouraged to consider using a non-destruc-
tive technology able to detect cracks including sub-surface 
flaws as small as 0.005 inches in length or depth in steel 
bridges.
416
SEC. 1830. EXTENSION OF PUBLIC TRANSIT VEHICLE EX-
EMPTION 
FROM 
AXLE 
WEIGHT 
RESTRIC-
TIONS. 
Section 1023(h)(1) of the Intermodal Surface Trans-
portation Efficiency Act of 1991 (23 U.S.C. 127 note; 106 
Stat. 1552) is amended by striking ‘‘2005’’ and inserting 
‘‘2009’’. 
SEC. 1831. MOTORCYCLIST ADVISORY COUNCIL. 
(a) IN GENERAL.—The Secretary, acting through the 
Administrator of the Federal Highway Administration, in 
consultation with the Committee on Transportation and In-
frastructure of the House of Representatives and the Com-
mittee on Environment and Public Works of the Senate, 
shall appoint a Motorcyclist Advisory Council to coordinate 
with and advise the Administrator on infrastructure issues 
of concern to motorcyclists, including—
(1) barrier design; 
(2) road design, construction, and maintenance 
practices; and 
(3) the architecture and implementation of intel-
ligent transportation system technologies. 
(b) COMPOSITION.—The Council shall consist of not 
more than 10 members of the motorcycling community with 
professional expertise in national motorcyclist safety advo-
cacy, including—
(1) at least—
417
(A) 1 member recommended by a national 
motorcyclist association; 
(B) 1 member recommended by a national 
motorcycle riders foundation; 
(C) 1 representative of the National Asso-
ciation of State Motorcycle Safety Administra-
tors; 
(D) 2 members of State motorcyclists’ orga-
nizations; 
(E) 1 member recommended by a national 
organization that represents the builders of high-
way infrastructure; 
(F) 1 member recommended by a national 
association that represents the traffic safety sys-
tems industry; and 
(G) 1 member of a national safety organiza-
tion; and 
(2) at least 1, and not more than 2, motorcy-
clists who are traffic system design engineers or State 
transportation department officials. 
SEC. 1832. SHARING OF MONETARY RECOVERIES. 
Notwithstanding any other provision of law, monetary 
judgments accruing to the Government from judgments in 
Federal criminal prosecutions and civil proceedings per-
taining to fraud in Federally funded highway and public
418
transportation projects and programs shall be treated as fol-
lows: 
(1) Any amount less than or equal to the single 
damages incurred as the result of such fraud shall be 
credited to the Federal account from which the funds 
for the project or program that is at issue in the 
fraud came, except to the extent that such Federal ac-
count has been credited as the result of any judgment 
in favor of a grant recipient. 
(2) Any amount in excess of the amount credited 
pursuant to paragraph (1) shall be shared with the 
State or other recipient involved if—
(A) the State or other recipient enters into 
a legally binding agreement with the Secretary 
to use the funds for a purpose eligible for Federal 
assistance under title 23 or chapter 53 of title 
49, United States Code, as the case may be; 
(B) the amount to be shared with the State 
or other recipient is determined by the Attorney 
General, in consultation with the Secretary; and 
(C) the Attorney General, in consultation 
with the Secretary, determines that the fraud did 
not occur as a result of negligent oversight or ac-
tual involvement in the fraud by the State or
419
other recipient or any senior official of the State 
or other recipient. 
SEC. 1833. ELIGIBILITY UNDER CMAQ. 
Section 149(b)(4) of title 23, United States Code is 
amended by inserting ‘‘, including advanced truck stop elec-
trification systems,’’ after ‘‘facility or program’’. 
SEC. 1834. SENSE OF CONGRESS REGARDING BUY AMERICA. 
It is the sense of Congress that—
(1) the Buy America test required by section 165 
of the Surface Transportation Assistance Act of 1982 
(23 U.S.C. 101 note) needs to be applied to an entire 
bridge project and not only to component parts of 
such project; 
(2) the law clearly states that domestic materials 
must be used in Federal highway projects unless there 
is a finding that the inclusion of domestic materials 
will increase the cost of the overall project by more 
than 25 percent; 
(3) uncertainty regarding how to apply Buy 
America laws for major bridge projects threatens the 
domestic bridge industry; 
(4) the Nation’s unemployment rate continues to 
hover around 5.6 percent, steps are needed to protect 
American workers and the domestic bridge building 
industry; and
420
(5) the Buy American Act (41 U.S.C. 10a et 
seq.) was designed to ensure that, when taxpayer 
money is spent on direct Federal Government pro-
curement and infrastructure projects, these expendi-
tures stimulate United States production and job cre-
ation. 
SEC. 1835. COMMUNITY ENHANCEMENT STUDY. 
(a) IN GENERAL.—The Secretary shall conduct a 
study on—
(1) the role of well-designed transportation 
projects in—
(A) promoting economic development; 
(B) protecting public health, safety and the 
environment; and 
(C) enhancing the architectural design and 
planning of communities; and 
(2) the positive economic, cultural, aesthetic, sce-
nic, architectural, and environmental benefits of such 
projects for communities. 
(b) CONTENTS.—The study shall address the following: 
(1) The degree to which well-designed transpor-
tation projects have positive economic, cultural, aes-
thetic, scenic, architectural, and environmental bene-
fits for communities.
421
(2) The degree to which such projects protect and 
contribute to improvements in public health and safe-
ty. 
(3) The degree to which such projects use inclu-
sive public participation processes to achieve quicker, 
more certain, and better results. 
(4) The degree to which positive results are 
achieved by linking transportation, design, and the 
implementation of community visions for the future. 
(5) Facilitating the use of successful models or 
best practices in transportation investment or devel-
opment to accomplish each of the following: 
(A) Enhancement of community identity. 
(B) Protection of public health and safety. 
(C) Provision of a variety of choices in 
housing, shopping, transportation, employment, 
and recreation. 
(D) Preservation and enhancement of exist-
ing infrastructure. 
(E) Creation of a greater sense of commu-
nity through public involvement. 
(c) REPORT.—Not later than September 20, 2006, the 
Secretary shall transmit to the Committee on Transpor-
tation and Infrastructure of the House of Representatives
422
and the Committee on Environment and Public Works of 
the Senate a report on the results of the study. 
(d) ADMINISTRATION.—To carry out this section, the 
Secretary shall make a grant to, or enter into a cooperative 
agreement or contract with, a national organization rep-
resenting architects who have expertise in the design of a 
wide range of transportation and infrastructure projects, 
which include the design of buildings, public facilities, and 
surrounding communities. 
(e) AUTHORIZATION.—Of the amounts made available 
to carry out section 1221 of the Transportation Equity Act 
for the 21st Century (23 U.S.C. 101 note), $1,000,000 shall 
be available for each of fiscal year 2005 and fiscal year 
2006 to carry out this section; except that notwithstanding 
section 1221(e)(2) of such Act, the Federal share of the cost 
of the study shall be 100 percent. 
SEC. 1836. TRANSPORTATION AND LOCAL WORKFORCE IN-
VESTMENT. 
(a) FINDINGS.—Congress finds the following: 
(1) Federal-aid highway programs provide State 
and local governments and other recipients substan-
tial funds for projects that produce significant em-
ployment and job-training opportunities. 
(2) Every $1,000,000,000 in Federal infrastruc-
ture investment creates an estimated 47,500 jobs.
423
(3) Jobs in transportation construction, includ-
ing apprenticeship positions, typically pay more than 
twice the minimum wage, and include health and 
other benefits. 
(4) Transportation projects provide the impetus 
for job training and employment opportunities for 
low income individuals residing in the area in which 
a transportation project is planned. 
(5) Transportation projects can offer young peo-
ple, particularly those who are economically dis-
advantaged, the opportunity to gain productive em-
ployment. 
(6) The Alameda Corridor, a $2,400,000,000 
transportation project, is an example of a transpor-
tation project that included a local hiring provision 
resulting in a full 30 percent of the project jobs being 
filled by locally hired and trained men and women. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that Federal transportation projects should facilitate and 
encourage the collaboration between interested persons, in-
cluding State, Federal, and local governments, community 
colleges, apprentice programs, local high schools, and other 
community based organizations that have an interest in 
improving the job skills of low-income individuals, to help 
leverage scarce training and community resources and to
424
help ensure local participation in the building of transpor-
tation projects. 
SEC. 1837. SPECIAL RULE FOR FISCAL YEAR 2004. 
In any case in which an amount is authorized to be 
appropriated, made available, allocated, set aside, taken 
down, or subject to an obligation limitation for fiscal year 
2004 for a program, project, or activity in any provision 
of this title, including an amendment made by this title, 
that is different than the amount authorized to be appro-
priated, made available, allocated, set aside, taken down, 
or subject to an obligation limitation for fiscal year 2004 
for such program, project, or activity in any provision of 
the Surface Transportation Extension Act of 2004, Part V 
(Public Law 108–310), including any amendment made by 
such Act, the amount referred to in such Act shall be the 
amount authorized to be appropriated, made available, al-
located, set aside, taken down, or subject to an obligation 
limitation. 
TITLE II—HIGHWAY SAFETY 
SEC. 2001. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The following sums are authorized 
to be appropriated out of the Highway Trust Fund (other 
than the Mass Transit Account): 
(1) HIGHWAY SAFETY PROGRAMS.—For carrying 
out section 402 of title 23, United States Code,
425
$164,027,000 for fiscal year 2004, $163,680,000 for 
fiscal year 2005, $229,000,000 for fiscal year 2006, 
$232,000,000 for fiscal year 2007, $238,000,000 for 
fiscal year 2008, and $245,000,000 for fiscal year 
2009. 
(2) 
OCCUPANT
PROTECTION
INCENTIVE 
GRANTS.—For carrying out section 405 of title 23, 
United States Code, $19,882,000 for fiscal year 2004, 
$19,840,000 for fiscal year 2005, $136,000,000 for fis-
cal year 2006, $139,000,000 for fiscal year 2007, 
$143,000,000 for fiscal year 2008, and $150,000,000 
for fiscal year 2009. 
(3) 
ALCOHOL-IMPAIRED
DRIVING
COUNTER-
MEASURES
INCENTIVE
GRANT
PROGRAM.—For car-
rying out section 410 of title 23, United States Code, 
$39,764,000 for fiscal year 2004, $39,680,000 for fis-
cal year 2005, $129,000,000 for fiscal year 2006, 
$133,000,000 for fiscal year 2007, $138,000,000 for 
fiscal year 2008, and $144,000,000 for fiscal year 
2009. 
(4) STATE
TRAFFIC
SAFETY
INFORMATION
IM-
PROVEMENTS.—For carrying out section 412 of title 
23, United States Code, $30,000,000 for fiscal year 
2006, $35,000,000 for fiscal year 2007, $40,000,000
426
for fiscal year 2008, and $40,000,000 for fiscal year 
2009. 
(5) NATIONAL DRIVER REGISTER.—For carrying 
out chapter 303 of title 49, United States Code, by the 
National Highway Traffic Safety Administration, 
$3,976,000 for fiscal year 2004, $3,968,000 for fiscal 
year 2005, and $4,000,000 for each of fiscal years 
2006 through 2009. 
(6) HIGH VISIBILITY ENFORCEMENT PROGRAM.—
For carrying out section 2005 of this title, 
$15,000,000 for each of fiscal years 2006 through 
2009. 
(b) APPLICABILITY OF TITLE 23.—Except as otherwise 
provided in chapter 4 of title 23, United States Code, and 
this title, amounts made available under subsection (a) for 
each of fiscal years 2004 through 2009 shall be available 
for obligation in the same manner as if such funds were 
apportioned under chapter 1 of title 23, United States Code. 
(c) TRANSFERS.—In each fiscal year, the Secretary 
may transfer any amounts remaining available under 
paragraph (2), (3), or (4) of subsection (a) to the amounts 
made available under any other of such paragraphs in 
order to ensure, to the maximum extent possible, that each 
State receives the maximum incentive funding for which the
427
State is eligible under sections 405, 410, and 412 of title 
23, United States Code. 
SEC. 2002. OCCUPANT PROTECTION INCENTIVE GRANTS. 
(a) GENERAL AUTHORITY.—Section 405(a) of title 23, 
United States Code, is amended—
(1) in paragraph (2) by striking ‘‘Transpor-
tation Equity Act for the 21st Century’’ and inserting 
‘‘Transportation Equity Act: A Legacy for Users’’; 
(2) in paragraph (3) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and 
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by 
inserting after ‘‘years’’ the following: ‘‘beginning after 
September 30, 2003,’’. 
(b) GRANT ELIGIBILITY.—Section 405(b) of title 23, 
United States Code, is amended by striking ‘‘A State shall 
become eligible’’ and inserting the following: ‘‘A State shall 
be eligible for a grant under this section if the State has 
a seat belt usage rate of 85 percent or greater as of the date 
of the grant, as determined by the Secretary. A State shall 
also become eligible’’. 
(c) GRANT AMOUNTS.—Section 405(c) of title 23, 
United States Code, is amended—
(1) by striking ‘‘25 percent’’ and inserting ‘‘100 
percent’’; and 
(2) by striking ‘‘1997’’ and inserting ‘‘2003’’.
428
SEC. 
2003. 
ALCOHOL-IMPAIRED 
DRIVING 
COUNTER-
MEASURES. 
(a) GENERAL AUTHORITY.—Section 410(a) of title 23, 
United States Code, is amended—
(1) in paragraph (2) by striking ‘‘Transpor-
tation Equity Act for the 21st Century’’ and inserting 
‘‘Transportation Equity Act: A Legacy for Users’’; 
(2) in paragraph (3) by striking ‘‘1997’’ and in-
serting ‘‘2003’’; and 
(3) in paragraphs (4)(A), (4)(B), and (4)(C) by 
inserting after ‘‘years’’ the following: ‘‘beginning after 
September 30, 2003,’’. 
(b) BASIC GRANT A.—Section 410(b)(1) of title 23, 
United States Code, is amended—
(1) by striking ‘‘A State shall become eligible’’ 
and inserting the following: ‘‘A State shall be eligible 
for a grant under this paragraph if the State has an 
alcohol-related fatality rate per 100,000,000 vehicle 
miles traveled of 0.5 or less as of the date of the grant, 
as determined by the Secretary using the Fatality 
Analysis Reporting System of the National Highway 
Traffic Safety Administration. A State shall also be-
come eligible’’; 
(2) by striking ‘‘at least 5 of the following’’ and 
inserting ‘‘at least 6 of the following for fiscal year
429
2005 and fiscal year 2006 and at least 7 of the fol-
lowing for each fiscal year thereafter’’; 
(3) in subparagraph (A)—
(A) by striking ‘‘and’’ at the end of clause 
(i)(II); 
(B) by striking the period at the end of 
clause (ii) and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(iii) the suspension referred to under 
clause (i)(I) may allow an individual to op-
erate a motor vehicle, after the 15-day pe-
riod beginning on the date of the suspen-
sion, to and from employment, school, or an 
alcohol treatment program if an ignition 
interlock device is installed on each of the 
motor vehicles owned or operated, or both, 
by the individual; and 
‘‘(iv) the suspension and revocation re-
ferred to under clause (i)(II) may allow an 
individual to operate a motor vehicle, after 
the 45-day period beginning on the date of 
the suspension or revocation, to and from 
employment, school, or an alcohol treatment 
program if an ignition interlock device is 
installed on each of the motor vehicles
430
owned or operated, or both, by the indi-
vidual.’’; 
(4) in subparagraph (B)—
(A) by striking ‘‘may include the issuance’’ 
and inserting the following: 
‘‘may include—
‘‘(i) the issuance’’; and 
(B) by striking the period at the end and 
inserting ‘‘; and’’ and the following: 
‘‘(ii) a program provided by a non-
profit organization for training point of 
sale personnel concerning, at a minimum, 
the following: 
‘‘(I) the clinical effects of alcohol; 
‘‘(II) methods of preventing sec-
ond party sales of alcohol; 
‘‘(III) recognizing signs of intoxi-
cation; 
‘‘(IV) methods to prevent underage 
drinking; 
‘‘(V) Federal, State, and local 
laws that are relevant to such per-
sonnel.’’; 
(5) by striking subparagraph (F) and inserting 
the following:
431
‘‘(F) OUTREACH PROGRAM.—A judicial and 
prosecutorial education, training, and outreach 
program that provides information on the appro-
priateness and effectiveness of sentencing op-
tions.’’; and 
(6) by adding at the end the following: 
‘‘(H) SELF-SUSTAINING
DRUNK
DRIVING 
PREVENTION PROGRAM.—A self-sustaining drunk 
driving prevention program under which a sig-
nificant portion of the fines or surcharges col-
lected from individuals apprehended and fined 
for operating a motor vehicle while under the in-
fluence of alcohol are returned to those commu-
nities that have comprehensive programs for the 
prevention of such operations of motor vehicles. 
‘‘(I) PROGRAMS FOR EFFECTIVE ALCOHOL 
REHABILITATION.—A program for effective inpa-
tient and outpatient alcohol rehabilitation based 
on mandatory assessment and appropriate treat-
ment for repeat offenders described in subpara-
graph (A)(i)(II). 
‘‘(J) PROGRAM FOR THE IMPOUNDMENT OF 
VEHICLES.—A program to impound a vehicle op-
erated by a person who is arrested for operating
432
that vehicle while under the influence of alco-
hol.’’. 
(c) BASIC GRANT B.—Section 410(b) of title 23, 
United States Code, is amended—
(1) by striking paragraph (2) and inserting the 
following: 
‘‘(2) BASIC GRANT B.—A State shall become eli-
gible for a grant under this paragraph if the State—
‘‘(A) has an alcohol-related fatality rate per 
100,000,000 vehicle miles traveled of 0.8 or more 
as of the date of the grant, as determined by the 
Secretary using the Fatality Analysis Reporting 
System of the National Highway Traffic Safety 
Administration; and 
‘‘(B) establishes, subject to such require-
ments as the Secretary may prescribe, a task 
force to evaluate and recommend changes to the 
State’s drunk driving programs.’’; and 
(2) in paragraph (3)—
(A) by striking ‘‘25 percent’’ and inserting 
‘‘100 percent’’; and 
(B) by striking ‘‘1997’’ and inserting 
‘‘2003’’. 
(d) SUPPLEMENTAL GRANTS.—Section 410(c) of title 
23, United States Code, is amended to read as follows: