‘‘(A) with respect to excess funds derived
from the surface transportation program under
section 133(d)(1), 133(d)(2), or 133(d)(3), the
highway bridge replacement and rehabilitation
program under section 144, the congestion miti-
gation and air quality improvement program
under section 149, or the recreational trails
program under section 206, one or more
projects that are eligible for funding under that
program; and
‘‘(B) with respect to excess funds derived
from any other program under this title, one or
more projects that are eligible for funding those
programs or the surface transportation program
under section 133.
‘‘(3) CERTIFICATION TO THE SECRETARY.—A
State that has developed a plan under paragraph (2)
shall transmit to the Secretary a certification that
the State has conducted an audit under paragraph
(1) and developed the plan in accordance with para-
graph (2).
‘‘(4) 
IMPLEMENTATION
OF
PLANS.—After
transmitting a certification to the Secretary with re-
spect to a plan under paragraph (3), the State may
carry out the plan.
‘‘(5) APPLICABILITY OF REQUIREMENTS.—
‘‘(A) IN GENERAL.—Except as provided by
subparagraph (B), excess funds used to carry
out a project under this section shall be subject
to the requirements of this title that are appli-
cable to the program under which the project is
carried out.
‘‘(B) STP ALLOCATIONS.—Section 133(d)
shall not apply to excess funds used to carry
out a project under this section, unless such
funds are derived from amounts apportioned
under 104(b)(3).
‘‘(6) EXCESS FUNDS DEFINED.—In this sub-
section, the term ‘excess funds’ means funds obli-
gated for a project that remain available for the
project after the project has been completed or can-
celed.’’.
SEC. 1107. TEMPORARY TRAFFIC CONTROL DEVICES.
(a) STANDARDS.—Section 109(e) of title 23, United
States Code, is amended—
(1) by striking ‘‘(e) No funds’’ and inserting
the following:
‘‘(e) INSTALLATION OF SAFETY DEVICES.—
‘‘(1) HIGHWAY AND RAILROAD GRADE CROSS-
INGS AND DRAWBRIDGES.—No funds’’; and
(2) by adding at the end the following:
‘‘(2) 
TEMPORARY
TRAFFIC
CONTROL
DE-
VICES.—No funds shall be approved for expenditure
on any Federal-aid highway, or highway affected
under chapter 2 of this title, unless proper tem-
porary traffic control devices to improve safety in
work zones will be installed and maintained during
construction, utility, and maintenance operations on
that portion of the highway with respect to which
such expenditures are to be made. Installation and
maintenance of the devices shall be in accordance
with the Manual on Uniform Traffic Control De-
vices.’’.
(b) LETTING OF CONTRACTS.—Section 112 of such
title is amended—
(1) by striking subsection (f);
(2) by redesignating subsection (g) as sub-
section (f); and
(3) by adding at the end the following:
‘‘(g) TEMPORARY TRAFFIC CONTROL DEVICES.—
‘‘(1) ISSUANCE
OF
REGULATIONS.—The Sec-
retary, after consultation with appropriate Federal
and State officials, shall issue regulations estab-
lishing the conditions for the appropriate use of, and
expenditure of funds for, uniformed law enforcement
officers, positive protective measures between work-
ers and motorized traffic, and installation and main-
tenance of temporary traffic control devices during
construction, utility, and maintenance operations.
‘‘(2) EFFECTS
OF
REGULATIONS.—Based on
regulations issued under paragraph (1), a State
shall—
‘‘(A) develop separate pay items for the
use of uniformed law enforcement officers, posi-
tive protective measures between workers and
motorized traffic, and installation and mainte-
nance of temporary traffic control devices dur-
ing construction, utility, and maintenance oper-
ations; and
‘‘(B) incorporate such pay items into con-
tract provisions to be included in each contract
entered into by the State with respect to a
highway project to ensure compliance with sec-
tion 109(e)(2).
‘‘(3) LIMITATION.—Nothing in the regulations
shall be construed to prohibit a State from imple-
menting standards that are more stringent than
those required under the regulations.
‘‘(4) POSITIVE
PROTECTIVE
MEASURES
DE-
FINED.—In this subsection, the term ‘positive pro-
tective measures’ means temporary traffic barriers,
crash cushions, and other strategies to avoid traffic
accidents in work zones, including full road clo-
sures.’’.
SEC. 1108. REVENUE ALIGNED BUDGET AUTHORITY.
(a) ALLOCATION.—Section 110(a)(1) of title 23,
United States Code, is amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2006’’;
(2) by inserting after ‘‘such fiscal year’’ the fol-
lowing: ‘‘and the succeeding fiscal year’’.
(b) REDUCTION.—Section 110(a)(2) of such title is
amended—
(1) by striking ‘‘2000’’ and inserting ‘‘2006’’;
(2) by striking ‘‘October 1 of the succeeding’’
and inserting ‘‘October 15 of such’’; and
(3) by inserting after ‘‘Account)’’ the following:
‘‘for such fiscal year and the succeeding fiscal year’’.
(c) GENERAL DISTRIBUTION.—Section 110(b)(1)(A)
of such title is amended by striking ‘‘Transportation Eq-
uity Act for the 21st Century’’ and inserting ‘‘Transpor-
tation Equity Act: A Legacy for Users’’.
(d) TECHNICAL AMENDMENT.—Section 110(b)(1)(A)
of title 23, United States Code, is amended by striking
‘‘for’’ the second place it appears.
SEC. 1109. PAY TO PLAY REFORM.
Section 112 of title 23, United States Code, is
amended by adding at the end the following:
‘‘(h) CONSTRUCTION.—Nothing in this section may
be construed to prohibit a State from enacting a law or
issuing an order that limits the amount of money an indi-
vidual, who is doing business with a State agency for a
Federal-aid highway project, may contribute to a political
campaign.’’.
SEC. 1110. EMERGENCY RELIEF.
There is authorized to be appropriated for a fiscal
year such sums as may be necessary for allocations by the
Secretary described in subsections (a) and (b) of sections
125 of title 23, United States Code, if the total of those
allocations in such fiscal year are in excess of
$100,000,000.
SEC. 1111. SURFACE TRANSPORTATION PROGRAM.
Section 133(f)(1) of title 23, United States Code, is
amended—
(1) by striking ‘‘1998 through 2000’’ and in-
serting ‘‘2004 through 2006’’; and
(2) by striking ‘‘2001 through 2003’’ and in-
serting ‘‘2007 through 2009’’.
SEC. 1112. HIGHWAY USE TAX EVASION PROJECTS.
(a) ELIGIBLE ACTIVITIES.—
(1) INTERGOVERNMENTAL ENFORCEMENT EF-
FORTS.—Section 143(b)(2) of title 23, United States
Code, is amended by inserting before the period the
following: ‘‘; except that of funds so made available
for each of fiscal years 2004 through 2009,
$2,000,000 shall be available only to carry out inter-
governmental enforcement efforts, including research
and training’’.
(2) CONDITIONS ON FUNDS ALLOCATED TO IN-
TERNAL REVENUE SERVICE.—Section 143(b)(3) of
such title is amended by striking ‘‘The’’ and insert-
ing ‘‘Except as otherwise provided in this section,
the’’.
(3) LIMITATION ON USE OF FUNDS.—Section
143(b)(4) of such title is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (F);
(B) by striking the period at the end of
subparagraph (G) and inserting a semicolon;
and
(C) by adding at the end the following:
‘‘(H) to support efforts between States and
Indian tribes to address issues related to State
motor fuel taxes; and
‘‘(I) to analyze and implement programs to
reduce tax evasion associated with foreign im-
ported fuel.’’.
(4) REPORTS.—Section 143(b) of such title is
amended by adding at the end the following:
‘‘(9) REPORTS.—The Commissioner of the In-
ternal Revenue Service and each State shall submit
to the Secretary an annual report that describes the
projects, examinations, and criminal investigations
funded by and carried out under this section. Such
report shall specify the annual yield estimated for
each project funded under this section.’’.
(b) EXCISE FUEL REPORTING SYSTEM.—
(1) IN GENERAL.—Section 143(c)(1) of such
title is amended—
(A) by striking ‘‘August 1, 1998,’’ and in-
serting ‘‘90 days after the date of enactment of
the Transportation Equity Act: A Legacy for
Users,’’;
(B) by striking ‘‘development’’ and insert-
ing ‘‘completion, operation,’’; and
(C) by striking ‘‘an excise fuel reporting
system (in this subsection referred to as ‘the
system’)’’ and inserting ‘‘an excise summary
terminal activity reporting system’’.
(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—Section 143(c)(2) of such title is
amended—
(A) by striking ‘‘the system’’ the first place
it appears and inserting ‘‘the excise summary
terminal activity reporting system’’;
(B) in subparagraph (A) by striking ‘‘de-
velop’’ and inserting ‘‘complete’’;
(C) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(D) by striking the period at the end of
subparagraph (C) and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(D) the Commissioner of the Internal
Revenue Service shall submit and the Secretary
shall approve a budget and project plan for the
completion, operation, and maintenance of the
system.’’; and
(3) FUNDING PRIORITY.—Section 143(c)(3) of
such title is amended to read as follows:
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as
may be necessary to complete, operate, and maintain
the excise summary terminal activity reporting sys-
tem in accordance with this subsection.’’.
(c) REGISTRATION SYSTEM AND ELECTRONIC DATA-
BASE.—Section 143 of such title is further amended by
adding at the end the following:
‘‘(d) PIPELINE, VESSEL, AND BARGE REGISTRATION
SYSTEM.—
‘‘(1) IN
GENERAL.—Not later than 90 days
after the date of enactment of this subsection, the
Secretary shall enter into a memorandum of under-
standing with the Commissioner of the Internal Rev-
enue Service for the purposes of the development,
operation, and maintenance of a registration system
for pipelines, vessels, and barges, and operators of
such pipelines, vessels, and barges, that make bulk
transfers of taxable fuel.
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding
shall provide that—
‘‘(A) the Internal Revenue Service shall de-
velop and maintain the registration system
through contracts;
‘‘(B) the Commissioner of the Internal
Revenue Service shall submit and the Secretary
shall approve a budget and project plan for de-
velopment, operation, and maintenance of the
registration system;
‘‘(C) the registration system shall be under
the control of the Internal Revenue Service; and
‘‘(D) the registration system shall be made
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal
Revenue Code of 1986.
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as
may be necessary to complete, operate, and maintain
a registration system for pipelines, vessels, and
barges, and operators of such pipelines, vessels, and
barges, that make bulk transfers of taxable fuel in
accordance with this subsection.
‘‘(e) HEAVY VEHICLE USE TAX PAYMENT DATA-
BASE.—
‘‘(1) IN
GENERAL.—Not later than 90 days
after the date of enactment of this subsection, the
Secretary shall enter into a memorandum of under-
standing with the Commissioner of the Internal Rev-
enue Service for the purposes of the establishment,
operation, and maintenance of an electronic data-
base of heavy vehicle highway use tax payments.
‘‘(2) ELEMENTS OF MEMORANDUM OF UNDER-
STANDING.—The memorandum of understanding
shall provide that—
‘‘(A) the Internal Revenue Service shall es-
tablish and maintain the electronic database
through contracts;
‘‘(B) the Commissioner of the Internal
Revenue Service shall submit and the Secretary
shall approve a budget and project plan for es-
tablishment, operation, and maintenance of the
electronic database;
‘‘(C) the electronic database shall be under
the control of the Internal Revenue Service; and
‘‘(D) the electronic database shall be made
available for use by appropriate State and Fed-
eral revenue, tax, and law enforcement authori-
ties, subject to section 6103 of the Internal
Revenue Code of 1986.
‘‘(3) FUNDING.—Of the amounts made avail-
able to carry out this section for each of fiscal years
2004 through 2009, the Secretary shall make avail-
able to the Internal Revenue Service such funds as
may be necessary to establish, operate, and maintain
an electronic database of heavy vehicle highway use
tax payments in accordance with this subsection.
‘‘(f) REPORTS.—Not later than March 31 and Sep-
tember 30 of each year, the Commissioner of the Internal
Revenue Service shall provide reports to the Secretary on
the status of the Internal Revenue Service projects funded
under this section related to the excise summary terminal
activity reporting system, the pipeline, vessel, and barge
registration system, and the heavy vehicle use tax elec-
tronic database.’’.
SEC. 1113. APPALACHIAN DEVELOPMENT HIGHWAY SYS-
TEM.
(a) APPORTIONMENT.—The Secretary shall appor-
tion funds made available by section 1101(a)(7) of this
Act for fiscal years 2004 through 2009 among the States
based on the latest available cost to complete estimate for
the Appalachian development highway system under sec-
tion 14501 title 40, United States Code.
(b) APPLICABILITY
OF TITLE 23.—Funds made
available by section 1101(a)(7) of this Act for the Appa-
lachian development highway system shall be available for
obligation in the same manner as if such funds were ap-
portioned under chapter 1 of title 23, United States Code;
except that the Federal share of the cost of any project
under this section shall be determined in accordance with
such section 14501 of title 40, United States Code, and
such funds shall be available to construct highways and
access roads under such section and shall remain available
until expended.
(c) USE OF TOLL CREDITS.—Section 120(j)(1) of
title 23, United States Code is amended by inserting ‘‘and
the Appalachian development highway system program
under section 14501 of title 40’’ after ‘‘section 125’’.
SEC. 1114. CONSTRUCTION OF FERRY BOATS AND FERRY
TERMINAL FACILITIES.
(a) IN GENERAL.—Subchapter I of chapter 1 of title
23, United States Code, is amended by adding at the end
the following:
‘‘§ 165. Construction of ferry boats and ferry terminal
facilities
‘‘(a) IN GENERAL.—The Secretary shall carry out a
program for construction of ferry boats and ferry terminal
facilities in accordance with section 129(c).
‘‘(b) FEDERAL SHARE.—The Federal share payable
for construction of ferry boats and ferry terminal facilities
under this section shall be 80 percent of the cost thereof.
‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts made
available to carry out this section shall remain available
until expended.
‘‘(d) SET-ASIDE FOR PROJECTS ON NHS.—
‘‘(1) IN GENERAL.—$20,000,000 of the amount
made available to carry out this section for each of
fiscal years 2004 through 2009 shall be obligated for
the construction or refurbishment of ferry boats and
ferry terminal facilities and approaches to such fa-
cilities within marine highway systems that are part
of the National Highway System.
‘‘(2) 
ALASKA.—$10,000,000 
of 
the
$20,000,000 for a fiscal year made available under
paragraph (1) shall be made available to the State
of Alaska.
‘‘(3) 
NEW
JERSEY.—$5,000,000 
of 
the
$20,000,000 for a fiscal year made available under
paragraph (1) shall be made available to the State
of New Jersey.
‘‘(4) 
WASHINGTON.—$5,000,000 
of 
the
$20,000,000 for a fiscal year made available under
paragraph (1) shall be made available to the State
of Washington.
‘‘(e) APPLICABILITY.—All provisions of this chapter
that are applicable to the National Highway System, other
than provisions relating to apportionment formula and
Federal share, shall apply to funds made available to carry
out this section, except as determined by the Secretary
to be inconsistent with this section.’’.
(b) CONFORMING AMENDMENT.—The analysis for
subchapter I of chapter 1 of such title is amended by add-
ing at the end the following:
‘‘165. Construction of ferry boats and ferry terminal facilities.’’.
(c) NATIONAL FERRY DATABASE.—
(1) ESTABLISHMENT.—The Secretary, acting
through the Bureau of Transportation Statistics,
shall establish and maintain a national ferry data-
base.
(2) CONTENTS.—The database shall contain
current information regarding ferry systems, includ-
ing information regarding routes, vessels, passengers
and vehicles carried, funding sources and such other
information as the Secretary considers useful.
(3) UPDATE REPORT.—Using information col-
lected through the database, the Secretary shall pe-
riodically modify as appropriate the report submitted
under section 1207(c) of the Transportation Equity
Act for the 21st Century (23 U.S.C. 129 note; 112
Stat. 185–186).
(4) REQUIREMENTS.—The Secretary shall—
(A) compile the database not later than 1
year after the date of enactment of this Act and
update the database every 2 years thereafter;
(B) ensure that the database is easily ac-
cessible to the public;
(C) make available, from the ferry boat
and ferry terminal program authorized under
section 165 of title 23, United States Code, not
more than $500,000 for each of fiscal years
2005 through 2009 to establish the database.
SEC. 1115. INTERSTATE MAINTENANCE DISCRETIONARY.
(a) IN GENERAL.—Section 118 of title 23, United
States Code, is amended—
(1) in subsection (c)(1) by striking ‘‘2003’’ and
inserting ‘‘2005’’;
(2) by striking subsection (c);
(3) in subsection (e) by inserting ‘‘SPECIAL
RULES.—’’ before ‘‘Funds made’’; and
(4) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(b) CONFORMING AMENDMENT.—Section 103(d)(1)
of such title is amended by striking ‘‘or 118(c)’’.
(c) TECHNICAL AMENDMENTS.—
(1) SECTION 114.—Section 114(a) of such title
is amended by striking ‘‘Except as provided in sec-
tion 117 of this title, such’’ and inserting ‘‘Such’’.
(2) SECTION 116.—Section 116(b) of such title
is amended by striking ‘‘highway department’’ and
inserting ‘‘transportation department’’.
(3) SECTION 120.—Section 120(e) of such title
is amended in the first sentence by striking ‘‘such
system’’ and inserting ‘‘such highway’’.
(4) SECTION 126.—Section 126(a) of such title
is amended by inserting ‘‘under’’ before ‘‘section
104(b)(3)’’.
(5) SECTION 127.—Section 127 of such title is
amended by striking ‘‘118(b)(1)’’ and inserting
‘‘118(b)(2)’’.
(6) 
BICYCLE
AND
PEDESTRIAN
SAFETY
GRANTS.—Section 1212(i) of the Transportation Eq-
uity Act for the 21st Century (112 Stat. 196–197)
is amended by redesignating subparagraphs (D) and
(E) as paragraphs (2) and (3), respectively, and
moving such paragraphs 2 ems to the left.
(d) LIMITATION.—The amendments made by this
section shall not apply to, or have any affect with respect
to, funds made available under section 118 of title 23,
United States Code, before the date of enactment of this
section.
(e) EFFECTIVE DATE.—The amendments made by
paragraphs (2) through (4) of subsection (a) and by sub-
section (b) shall take effect on September 30, 2005.