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(D) consult with representatives of State de-
partments of transportation and metropolitan
planning organizations and other key interested
stakeholders in conducting the study to ensure
that—
(i) the views of the stakeholders on al-
ternative revenue sources to support State
transportation improvement programs are
considered; and
(ii) any recommended Federal financ-
ing strategy takes into account State finan-
cial requirements; and
(E) based on the study, make specific rec-
ommendations regarding—
(i) actions that should be taken to de-
velop alternative revenue sources to sup port
the Highway Trust Fund; and
(ii) the time frame for taking those ac-
tions.
(4) RELATED WORK.—To the maximum extent
practicable, the study shall build on related work that
has been completed by—
(A) the Secretary of Transportation;
(B) the Secretary of Energy;
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(C) the Transportation Research Board, in-
cluding the findings, conclusions, and rec-
ommendations of the recent study conducted by
the Transportation Research Board on alter-
natives to the fuel tax to support highway pro-
gram financing; and
(D) other entities and persons.
(5) SURFACE
TRANSPORTATION
NEEDS.—With
respect to surface transportation needs, the investiga-
tion and study shall specifically address—
(A) the current condition and performance
of the Interstate System (including the physical
condition of bridges and pavements and oper-
ational characteristics and performance), relying
primarily on existing data sources;
(B) the future of the Interstate System,
based on a range of legislative and policy ap-
proaches for 15-, 30-, and 50-year time periods;
(C) the expected demographics and business
uses that impact the surface transportation sys-
tem;
(D) the expected use of the surface transpor-
tation system, including the effects of changing
vehicle types, modes of transportation, fleet size
and weights, and traffic volumes;
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(E) desirable design policies and standards
for future improvements of the surface transpor-
tation 
system, 
including 
additional 
access
points;
(F) the identification of urban, rural, na-
tional, and interregional needs for the surface
transportation system;
(G) the potential for expansion, upgrades,
or other changes to the surface transportation
system, including—
(i) deployment of advanced materials
and intelligent technologies;
(ii) critical multistate, urban, and
rural corridors needing capacity, safety,
and operational enhancements;
(iii) improvements to intermodal link-
ages;
(iv) security and military deployment
enhancements;
(v) strategies to enhance asset preserva-
tion; and
(vi) implementation strategies;
(H) the improvement of emergency pre-
paredness and evacuation using the surface
transportation system, including—
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(i) examination of the potential use of
all modes of the surface transportation sys-
tem in the safe and efficient evacuation of
citizens during times of emergency;
(ii) identification of the location of
critical bottlenecks; and
(iii) development of strategies to im-
prove system redundancy, especially in
areas with a high potential for terrorist at-
tacks;
(I) alternatives for addressing environ-
mental concerns associated with the future devel-
opment of the surface transportation system;
(J) the evaluation and assessment of the
current and future capabilities for conducting
system-wide real-time performance data collec-
tion and analysis, traffic monitoring, and trans-
portation systems operations and management;
and
(K) a range of policy and legislative alter-
natives for addressing future needs for the sur-
face transportation system.
(6) FINANCING.—With respect to financing, the
study shall address specifically—
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(A) the advantages and disadvantages of al-
ternative revenue sources to meet anticipated
Federal surface transportation financial require-
ments;
(B) recommendations concerning the most
promising revenue sources to support long-term
Federal surface transportation financing require-
ments;
(C) development of a broad transition strat-
egy to move from the current tax base to new
funding mechanisms, including the time frame
for various components of the transition strategy;
(D) recommendations for additional re-
search that may be needed to implement rec-
ommended alternatives; and
(E) the extent to which revenues should re-
flect the relative use of the highway system.
(7) FINANCING
RECOMMENDATIONS.—In devel-
oping financing recommendations under this sub-
section, the Commission shall consider—
(A) the ability to generate sufficient reve-
nues from all modes to meet anticipated long-
term surface transportation financing needs;
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(B) the roles of the various levels of govern-
ment and the private sector in meeting future
surface transportation financing needs;
(C) administrative costs (including enforce-
ment costs) to implement each option;
(D) the expected increase in nontaxed fuels
and the impact of taxing those fuels;
(E) the likely technological advances that
could ease implementation of each option;
(F) the equity and economic efficiency of
each option;
(G) the flexibility of different options to
allow various pricing alternatives to be imple-
mented; and
(H) potential compatibility issues with
State and local tax mechanisms under each al-
ternative.
(8) TECHNICAL
ADVISORY
COMMITTEE.—The
Secretary shall establish a technical advisory com-
mittee, in a manner consistent with the Federal Advi-
sory Committee Act (5 U.S.C. App.), to collect and
evaluate technical input from—
(A) the Department of Defense;
(B) appropriate Federal, State, and local
officials with responsibility for transportation;
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(C) appropriate State and local elected offi-
cials;
(D) transportation and trade associations;
(E) emergency management officials;
(F) freight providers;
(G) the general public; and
(H) other entities and persons determined
to be appropriate by the Secretary to ensure a
diverse range of views.
(9) REPORT AND RECOMMENDATIONS.—Not later
than September 30, 2007, the Commission shall sub-
mit to Congress a final report that contains—
(A) a detailed statement of the findings and
conclusions of the Commission; and
(B) the recommendations of the Commission
for such legislation and administrative actions
as the Commission considers to be appropriate.
(10) POWERS OF THE COMMISSION.—
(A) HEARINGS.—The Commission may hold
such hearings, meet and act at such times and
places, take such testimony, and receive such evi-
dence as the Commission considers advisable to
carry out this section.
(B) INFORMATION
FROM
FEDERAL
AGEN-
CIES.—
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(i) IN
GENERAL.—The Commission
may secure directly from a Federal agency
such information as the Commission con-
siders necessary to carry out this section.
(ii) PROVISION OF INFORMATION.—On
request of the Chairperson of the Commis-
sion, the head of a Federal agency shall pro-
vide the requested information to the Com-
mission.
(C) POSTAL
SERVICES.—The Commission
may use the United States mails in the same
manner and under the same conditions as other
agencies of the Federal Government.
(D) DONATIONS.—The Commission may ac-
cept, use, and dispose of donations of services or
property.
(11) COMMISSION PERSONNEL MATTERS.—
(A) MEMBERS.—A member of the Commis-
sion shall serve without pay but shall be allowed
travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee
of an agency under subchapter I of chapter 57
of title 5, United States Code, while away from
the home or regular place of business of the mem-
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ber in the performance of the duties of the Com-
mission.
(B) CONTRACTORS.—The Commission may
enter into contracts with an appropriate organi-
zations, agencies, and entities to conduct the
study required under this section, under the stra-
tegic guidance of the Commission.
(C) ADMINISTRATIVE SUPPORT.—On the re-
quest of the Commission, the Administrator of
the Federal Highway Administration shall pro-
vide to the Commission, on a reimbursable basis,
the administrative support and services nec-
essary for the Commission to carry out the duties
of the Commission under this section.
(D) DETAIL OF PERSONNEL.—
(i) IN GENERAL.—On the request of the
Commission, the Secretary may detail, on a
reimbursable basis, any of the personnel of
the Department to the Commission to assist
the Commission in carrying out the duties
of the Commission under this section.
(ii) CIVIL SERVICE STATUS.—The de-
tail of the employee shall be without inter-
ruption or loss of civil service status or
privilege.
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(12) COOPERATION.—The staff of the Secretary
shall cooperate with the Commission in the study re-
quired under this section, including providing such
nonconfidential data and information as are nec-
essary to conduct the study.
(13) RELATIONSHIP TO OTHER LAW.—
(A) IN GENERAL.—Except as provided in
subparagraphs (B) and (C), funds made avail-
able to carry out this section shall be available
for obligation in the same manner as if the funds
were apportioned under chapter 1 of title 23,
United States Code.
(B) FEDERAL SHARE.—The Federal share
of the cost of the study and the Commission
under this section shall be 100 percent.
(C) AVAILABILITY.—Funds made available
to carry out this section shall remain available
until expended.
(14) DEFINITION OF SURFACE TRANSPORTATION
SYSTEM.—In this subsection, the term ‘‘surface trans-
portation system’’ includes—
(A) the National Highway System;
(B) the Interstate System;
(C) the strategic highway network;
(D) congressional high priority corridors;
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(E) intermodal connectors;
(F) freight facilities;
(G) navigable waterways;
(H) mass transportation;
(I) freight and intercity passenger rail in-
frastructure and facilities; and
(J) surface access to airports.
(15) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated from the High-
way Trust Fund (other than the Mass Transit Ac-
count) to carry out this section $2,815,886 for fiscal
year 2005.
(16) TERMINATION.—
(A) IN
GENERAL.—The Commission shall
terminate on the date that is 180 days after the
date on which the Commission submits the re-
port of the Commission under paragraph (10).
(B) RECORDS.—Not later than the date of
termination of the Commission under subpara-
graph (A), all records and papers of the Commis-
sion shall be delivered to the Archivist of the
United States for deposit in the National Ar-
chives.
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SEC. 
1203. 
FREIGHT 
TRANSPORTATION 
GATEWAYS;
FREIGHT INTERMODAL CONNECTIONS.
(a) FREIGHT TRANSPORTATION GATEWAYS.—Chapter
3 of title 23, United States Code, is amended by adding
at the end the following:
‘‘§ 325. Freight transportation gateways
‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—The Secretary shall es-
tablish a freight transportation gateways program to
improve productivity, security, and safety of freight
transportation gateways, while mitigating congestion
and community impacts in the area of the gateways.
‘‘(2) PURPOSES.—The purposes of the freight
transportation gateways program shall be—
‘‘(A) to facilitate and support multimodal
freight transportation initiatives at the State
and local levels in order to improve freight
transportation gateways and mitigate the im-
pact of congestion on the environment in the
area of the gateways;
‘‘(B) to provide capital funding to address
infrastructure and freight operational needs at
freight transportation gateways;
‘‘(C) to encourage adoption of new financ-
ing strategies to leverage State, local, and pri-
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vate investment in freight transportation gate-
ways;
‘‘(D) to facilitate access to intermodal
freight transfer facilities; and
‘‘(E) to increase economic efficiency by fa-
cilitating the movement of goods.
‘‘(b) STATE RESPONSIBILITIES.—
‘‘(1) PROJECT
DEVELOPMENT
PROCESS.—Each
State, in coordination with metropolitan planning
organizations, shall ensure that intermodal freight
transportation, trade facilitation, and economic devel-
opment needs are adequately considered and fully in-
tegrated into the project development process, includ-
ing transportation planning through final design and
construction of freight-related transportation projects.
‘‘(2) 
FREIGHT
TRANSPORTATION
COORDI-
NATOR.—
‘‘(A) IN GENERAL.—Each State shall des-
ignate a freight transportation coordinator.
‘‘(B) DUTIES.—The coordinator shall—
‘‘(i) foster public and private sector
collaboration needed to implement complex
solutions to freight transportation and
freight transportation gateway problems,
including—
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‘‘(I) coordination of metropolitan
and statewide transportation activities
with trade and economic interests;
‘‘(II) 
coordination 
with 
other
States, agencies, and organizations to
find regional solutions to freight trans-
portation problems; and
‘‘(III) coordination with local of-
ficials of the Department of Defense
and the Department of Homeland Se-
curity, and with other organizations,
to develop regional solutions to mili-
tary and homeland security transpor-
tation needs; and
‘‘(ii) promote programs that build pro-
fessional capacity to better plan, coordinate,
integrate, and understand freight transpor-
tation needs for the State.
‘‘(c) INNOVATIVE FINANCE STRATEGIES.—
‘‘(1) IN GENERAL.—States and localities are en-
couraged to adopt innovative financing strategies for
freight 
transportation 
gateway 
improvements,
including—
‘‘(A) new user fees;
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‘‘(B) modifications to existing user fees, in-
cluding trade facilitation charges;
‘‘(C) revenue options that incorporate pri-
vate sector investment; and
‘‘(D) a blending of Federal-aid and innova-
tive finance programs.
‘‘(2) TECHNICAL
ASSISTANCE.—The Secretary
shall provide technical assistance to States and local-
ities with respect to the strategies.
‘‘(d) 
INTERMODAL
FREIGHT
TRANSPORTATION
PROJECTS.—
‘‘(1) USE OF SURFACE TRANSPORTATION PRO-
GRAM FUNDS.—A State may obligate funds appor-
tioned to the State under section 104(b)(3) for pub-
licly-owned intermodal freight transportation projects
that provide community and highway benefits by ad-
dressing economic, congestion, system reliability, secu-
rity, safety, or environmental issues associated with
freight transportation gateways.
‘‘(2) ELIGIBLE PROJECTS.—A project eligible for
funding under this section—
‘‘(A) may include publicly-owned inter-
modal freight transfer facilities, access to the fa-
cilities, and operational improvements for the fa-
cilities (including capital investment for intel-
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ligent 
transportation 
systems), 
except 
that
projects located within the boundaries of port
terminals shall only include the surface trans-
portation infrastructure modifications necessary
to facilitate direct intermodal interchange, trans-
fer, and access into and out of the port; and
‘‘(B) may involve the combining of private
and public funds.’’.
(b) ELIGIBILITY FOR SURFACE TRANSPORTATION PRO-
GRAM FUNDS.—Section 133(b) of title 23, United States
Code, is amended by inserting after paragraph (11) the fol-
lowing:
‘‘(12) Intermodal freight transportation projects
in accordance with section 325(d)(2).’’.
(c) FREIGHT INTERMODAL CONNECTIONS TO NHS.—
Section 103(b) of title 23, United States Code, is amended
by adding at the end the following:
‘‘(7) FREIGHT
INTERMODAL
CONNECTIONS
TO
THE NHS.—
‘‘(A) FUNDING
SET-ASIDE.—Of the funds
apportioned to a State for each fiscal year under
section 104(b)(1), an amount determined in ac-
cordance with subparagraph (B) shall only be
available to the State to be obligated for projects
on—
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‘‘(i) National Highway System routes
connecting to intermodal freight terminals
identified according to criteria specified in
the report to Congress entitled ‘Pulling To-
gether: The National Highway System and
its Connections to Major Intermodal Termi-
nals’ dated May 24, 1996, referred to in
paragraph (1), and any modifications to
the connections that are consistent with
paragraph (4);
‘‘(ii) strategic highway network con-
nectors to strategic military deployment
ports; and
‘‘(iii) projects to eliminate railroad
crossings or make railroad crossing im-
provements.
‘‘(B) DETERMINATION
OF
AMOUNT.—The
amount of funds for each State for a fiscal year
that shall be set aside under subparagraph (A)
shall be equal to the greater of—
‘‘(i) 
the 
product 
obtained 
by
multiplying—
‘‘(I) the total amount of funds ap-
portioned to the State under section
104(b)(1); by
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‘‘(II) the percentage of miles that
routes specified in subparagraph (A)
constitute of the total miles on the Na-
tional Highway System in the State;
or
‘‘(ii) 2 percent of the annual appor-
tionment to the State of funds under
104(b)(1).
‘‘(C) EXEMPTION
FROM
SET-ASIDE.—For
any fiscal year, a State may obligate the funds
otherwise set aside by this paragraph for any
project that is eligible under paragraph (6) and
is located in the State on a segment of the Na-
tional Highway System specified in paragraph
(2), if the State certifies and the Secretary con-
curs that—
‘‘(i) the designated National Highway
System intermodal connectors described in
subparagraph (A) are in good condition
and provide an adequate level of service for
military vehicle and civilian commercial
vehicle use; and
‘‘(ii) significant needs on the des-
ignated National Highway System inter-
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modal connectors are being met or do not
exist.’’.
(d) FEDERAL SHARE PAYABLE.—Section 120 of title
23, United States Code, is amended by adding at the end
the following:
‘‘(m) INCREASED FEDERAL SHARE
FOR CONNEC-
TORS.—In the case of a project to support a National High-
way System intermodal freight connection or strategic high-
way network connector to a strategic military deployment
port described in section 103(b)(7), except as otherwise pro-
vided in section 120, the Federal share of the total cost of
the project shall be 90 percent.’’.
(e) LENGTH LIMITATIONS.—Section 31111(e) of title
49, United States Code, is amended—
(1) by striking ‘‘The’’ and inserting the fol-
lowing:
‘‘(1) IN GENERAL.—The’’; and
(2) by adding at the end the following:
‘‘(2) LENGTH LIMITATIONS.—In the interests of
economic competitiveness, security, and intermodal
connectivity, not later than 3 years after the date of
enactment of this paragraph, States shall update the
list of those qualifying highways to include—
‘‘(A) strategic highway network connectors
to strategic military deployment ports; and
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‘‘(B) National Highway System intermodal
freight connections serving military and com-
mercial truck traffic going to major intermodal
terminals 
as 
described 
in 
section
103(b)(7)(A)(i).’’.
(f) CONFORMING AMENDMENT.—The analysis of chap-
ter 3 of title 23, United States Code, is amended by adding
at the end the following:
‘‘325. Freight transportation gateways.’’.
SEC. 1204. CONSTRUCTION OF FERRY BOATS AND FERRY
TERMINAL AND MAINTENANCE FACILITIES;
COORDINATION OF FERRY CONSTRUCTION
AND MAINTENANCE.
(a) IN GENERAL.—Section 147 of title 23, United
States Code, is amended to read as follows:
‘‘§ 147. Construction of ferry boats and ferry terminal
and maintenance facilities; coordination
of ferry construction and maintenance
‘‘(a) CONSTRUCTION OF FERRY BOATS AND FERRY
TERMINAL FACILITIES.—
‘‘(1) IN
GENERAL.—The Secretary shall carry
out a program for construction of ferry boats and
ferry terminal facilities in accordance with section
129(c).
‘‘(2) FEDERAL SHARE.—The Federal share of the
cost of construction of ferry boats and ferry terminals
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and maintenance facilities under this subsection shall
be 80 percent.
‘‘(3) ALLOCATION
OF
FUNDS.—The Secretary
shall give priority in the allocation of funds under
this subsection to those ferry systems, and public enti-
ties responsible for developing ferries, that—
‘‘(A) carry the greatest number of pas-
sengers and vehicles;
‘‘(B) carry the greatest number of pas-
sengers in passenger-only service; or
‘‘(C) provide critical access to areas that
are not well-served by other modes of surface
transportation.
‘‘(b) NON-CONTRACT AUTHORITY AUTHORIZATION OF
APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated from the Highway Trust Fund (other
than the Mass Transit Account) $46,931,447 for each
fiscal year to carry out this section.
‘‘(2) 
AVAILABILITY.—Notwithstanding 
section
118(a), funds made available under paragraph (1)
shall not be available in advance of an annual appro-
priation.’’.
(b) CONFORMING AMENDMENTS.—
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(1) The analysis for subchapter I of chapter 1 of
title 23, United States Code, is amended by striking
the item relating to section 147 and inserting the fol-
lowing:
‘‘147. Construction of ferry boats and ferry terminal and maintenance facilities.’’.
(2) Section 1064 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat.
2005) is repealed.
SEC. 1205. DESIGNATION OF INTERSTATE HIGHWAYS.
(a) DESIGNATION
OF DANIEL PATRICK MOYNIHAN
INTERSTATE HIGHWAY.—
(1) DESIGNATION.—Interstate Route 86 in the
State of New York, extending from the Pennsylvania
border near Lake Erie through Orange County, New
York, shall be known and designated as the ‘‘Daniel
Patrick Moynihan Interstate Highway’’.
(2) REFERENCES.—Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the highway referred to in para-
graph (1) shall be deemed to be a reference to the
Daniel Patrick Moynihan Interstate Highway.
(b) DESIGNATION OF AMO HOUGHTON BYPASS.—
(1) DESIGNATION.—The 3-mile segment of Inter-
state Route 86 between the interchange of Interstate
Route 86 with New York State Route 15 in the vicin-
ity of Painted Post, New York, and the interchange
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of Interstate Route 86 with New York State Route
352 in the vicinity of Corning, New York, shall be
known and designated as the ‘‘Amo Houghton By-
pass’’.
(2) REFERENCES.—Any reference in a law, map,
regulation, document, paper, or other record of the
United States to the highway referred to in para-
graph (1) shall be deemed to be a reference to the Amo
Houghton Bypass.
SEC. 1206. STATE-BY-STATE COMPARISON OF HIGHWAY
CONSTRUCTION COSTS.
(a) COLLECTION OF DATA.—
(1) IN GENERAL.—The Administrator of the Fed-
eral Highway Administration (referred to in this sec-
tion as the ‘‘Administrator’’) shall collect from States
any bid price data that is necessary to make State-
by-State comparisons of highway construction costs.
(2) DATA
REQUIRED.—In determining which
data to collect and the procedures for collecting data,
the Administrator shall take into account the data
collection deficiencies identified in the report pre-
pared by the General Accounting Office numbered
GAO–04–113R.
(b) REPORT.—
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(1) IN GENERAL.—The Administrator shall sub-
mit to Congress an annual report on the bid price
data collected under subsection (a).
(2) INCLUSIONS.—The report shall include—
(A) State-by-State comparisons of highway
construction costs for the previous fiscal year
(including the cost to construct a 1-mile road
segment of a standard design, as determined by
the Administrator); and
(B) a description of the competitive bidding
procedures used in each State; and
(C) a determination by Administrator as to
whether the competitive bidding procedures de-
scribed under subparagraph (B) are effective.
(c) INNOVATIVE AND COST-EFFECTIVE MATERIALS.—
The Secretary shall encourage and provide incentives to
States to make maximum use of innovative and cost-effec-
tive materials and products in highway construction.
Subtitle C—Finance
SEC. 1301. FEDERAL SHARE.
Section 120 of title 23, United States Code, is
amended—
(1) in subsection (a), by striking paragraph (1)
and inserting the following:
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‘‘(1) IN GENERAL.—Except as otherwise provided
in this chapter, the Federal share payable on account
of any project on the Interstate System (including a
project to add high occupancy vehicle lanes and a
project to add a bridge project auxiliary lanes but ex-
cluding a project to add any other lanes) shall be 90
percent of the total cost of the project.’’;
(2) in subsection (b)—
(A) by striking ‘‘Except as otherwise’’ and
inserting the following:
‘‘(1) IN GENERAL.—Except as otherwise’’;
(B) by striking ‘‘shall be—’’ and all that
follows and inserting ‘‘shall be 80 percent of the
cost of the project.’’; and
(C) by adding at the end the following:
‘‘(2) 
STATE-DETERMINED
LOWER
FEDERAL
SHARE.—In the case of any project subject to this
subsection, a State may determine a lower Federal
share than the Federal share determined under para-
graph (1).’’;
(3) by striking subsection (d) and inserting the
following:
‘‘(d) INCREASED FEDERAL SHARE.—
‘‘(1) IN GENERAL.—The Federal share payable
under subsection (a) or (b) may be increased for